A Board of Adjustment is hereby established, which shall consist of the members of the City Planning and Zoning Commission1. (Ord. 1985-03, 4-16-1985)

      1.   See Title 2, Chapter 1 of this Code.

   A.   Rules Of Conduct: The Board of Adjustment may adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this Title.

   B.   Meetings: Meetings shall be held at the call of the chairman and at such other times as the Board may determine. All meetings shall be open to the public.

   C.   Oaths; Witnesses: The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

   D.   Minutes; Notice Of Proceedings: The Board of Adjustment shall keep minutes of its proceedings and provide notice of its proceedings in accordance with the Open Meetings Ac1' and Public Records Act2. (Ord. 1985-03, 4-16-1985)

      1.   NMSA § 10-15-1.1 et seq.

      2.   NMSA § 14-2-1 et seq.

   A.   Right To Appeal; Time Limit: Appeals to the Board of Adjustment concerning interpretation or administration of this Title may be taken by any person aggrieved by any decision of the administrative official. Such appeal shall be taken within a reasonable time, not to exceed ten (10) days after notice of the decision appealed, by filing with the administrative official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

   B.   Hearing Date; Notice: The Board of Adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

   C.   Appeals To City Council: Appeals from any decision of the Board of Adjustment shall be to the City Council. They shall be made within the same time and manner as appeals to the Board of Adjustment. (Ord. 1985-03, 4-16-1985)

An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of competent jurisdiction on proper application and showing of competent evidence. (Ord. 1985-03, 4-16-1985; amd. 2000 Code)