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Delmar City Zoning Code

ARTICLE XXX

Appeal of Administrative Decisions

§ 10-201 Right of appeal; procedure.

A. 
Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or commission of the Town. Such appeals shall be taken within a reasonable time as provided by the rules of the Board by filing with the officer from whom the appeal is taken and with the Board of notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken.
B. 
An appeal stays all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him, that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause intimate peril of life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court having jurisdiction on application of notice to the officer from whom the appeal is taken and due cause shown.
C. 
The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by an attorney.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]