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S.B. 624
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VETOES
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(3) [To authorize upon] AUTHORIZE ON appeal in specific cases a
variance from the terms of [the] AN ordinance.
[(f)] (E) (1) [Appeals] AN APPEAL to the board of appeals may be [taken by
any] FILED BY:
(I) ANY person aggrieved BY ANY DECISION OF THE
ADMINISTRATIVE OFFICER; or
(II) [by any] ANY officer, department, [board] BOARD, or bureau of
the jurisdiction affected by any [decisions] DECISION of the administrative officer,
(2) [Such] AN appeal shall be taken within a reasonable time, as
provided by the rules of the board OF APPEALS, by filing with the ADMINISTRATIVE
officer from whom the appeal is taken and with the board of appeals a notice of appeal
specifying the grounds [thereof] OF THE APPEAL.
(3) The officer from whom the appeal is taken shall [forthwith]
PROMPTLY transmit to the board all [the] papers constituting the record [upon] ON
which the action appealed [from was taken] WAS BASED.
[(g)] (F) (1) [An] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, AN appeal TO A BOARD OF APPEALS stays all proceedings in
furtherance of the action appealed [from, unless the officer from whom the appeal is
taken certifies to the board of appeals after notice of appeal shall have been filed with
him that by reason of the facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property].
(2) [In such case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the board of appeals or by a court of record
on application on notice to the officer from whom the appeal is taken and on due
cause shown.] IF AN ADMINISTRATIVE OFFICER CERTIFIES TO THE BOARD OF
APPEALS FACTS STATED IN THE CERTIFICATE THAT INDICATE TO THE
ADMINISTRATIVE OFFICER THAT A STAY WOULD CAUSE IMMINENT PERIL TO LIFE OR
PROPERTY AS PROVIDED IN PARAGRAPH (1) OF THIS SUBSECTION, THE BOARD OF
APPEALS OR THE COURT OF RECORD MAY STAY THE PROCEEDINGS:
(I) ONLY FOR DUE CAUSE SHOWN; AND
(II) THROUGH THE ISSUANCE OF A RESTRAINING ORDER AFTER
NOTICE IS GIVEN TO THE ADMINISTRATIVE OFFICER.
[(h)] (G) (1) [The] A board of appeals shall fix a reasonable time for the
hearing of [the] AN appeal, give public notice [thereof] OF THE HEARING[, as well
as] AND due notice to the parties in interest, and decide the [same] APPEAL within a
reasonable time.
(2) [Upon the hearing any] AT A HEARING, A party may appear in
person or BE REPRESENTED by AN agent or [by] attorney.
[(i)] (H) (1) In exercising [the above-mentioned] ITS powers [such], A
board OF APPEALS may, in conformity with the provisions of this article[, reverse or
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- 4030 -
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