There shall be a Board of Adjustment consisting of five members and two alternate members to be appointed by the City Council who shall each serve for a two-year term and each of whom shall be removable for cause by the City Council after written charges have been filed and after public hearing thereon. Vacancies shall be filled by the City Council for the unexpired term of any member whose term may become vacant for any cause. The alternate members of said Board shall be designated as alternate member one and alternate member two. An alternate member of said Board shall serve in the absence of one or more of the regular members when regular members are absent upon notice and request to serve to said alternate member by the City Manager of the City of Pittsburg, with request that such alternate member serve in lieu of the absent member. Alternate members shall be used so that all cases to be heard by the Board of Adjustment will always be heard by a minimum of five members.

The Board shall adopt rules in accordance with this Ordinance. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

Appeals to the Board may be taken by any person aggrieved or by any officer, department, board, or bureau of the City of Pittsburg affected by any decision of the Chief Inspector. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the City Manager and with the Board a notice of appeal specifying the grounds thereof. The notice of appeal shall be accompanied by a filing fee of twenty-five dollars ($25.00). The City Manager shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the City Manager certifies to the Board after the notice of appeal shall have been filed with him that by reasons of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order which may be granted by the Board or by a court of record on application, after notice to the City Manager, if due cause is shown.

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 or by agent or by attorney.

In exercising the above-mentioned powers such Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer from whom the appeal is taken.

The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative officials, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

Any special exceptions or variances authorized by the Board of Adjustment, either under the provisions of this Ordinance, or under the authority granted to the Board under the statutes of the State of Texas, shall authorize the issuance of a building permit or certificate of occupancy, as the case may be, within a period of 90 days from the date of the favorable action on the part of the Board, unless such Board in its minutes shall, at the same time, grant a longer period. If the building permit or certificate of occupancy shall not have been issued within said 90-day period, or such extended period as the Board may specifically grant, then the special exceptions or variances shall be deemed waived, and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent application for a special exception or appeal for a variance to said Board in accordance with the rules and regulations regarding such applications and appeals.

No application for a special exception or appeal for a variance to the Board shall be allowed on the same piece of property prior to the expiration of six months from a ruling of the Board on any application or appeal to such body unless other property in the same zoned area shall have, within such six months period, been altered or changed by a ruling of allowance of any application or appeal but shall in no way have any force in law to compel the Board after a hearing to grant such subsequent application or appeal, but such application or appeal shall be considered on its merits as in all other cases.

Any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer, or any officer, department, board, or bureau of the City of Pittsburg, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 10 days after the filing of the decision in the office of the Board.

Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board to review such decision of the board and shall prescribe therein the time within which a return thereto must be made and served upon the realtor’s [relator’s] attorney, which shall not be less than 10 days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order.

The Board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of act and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

Cost shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.