[R.O. 2007 §16-141; Ord. No. 3761 §22, 4-6-1970; Ord. No. 4089 §1, 7-1-1974]
The Board of Adjustment shall have jurisdiction under this Chapter
to hear and decide appeals where it is alleged by any aggrieved person
that there is error in any order, requirement, decision or determination
made by the Building Inspector or any other person charged with the
enforcement of this Chapter.
[R.O. 2007 §16-142; Ord. No. 3761 §28, 4-6-1970; Ord. No. 4089 §2, 7-1-1974]
The powers granted by this Chapter to the Board of Adjustment
shall be in addition to those conferred upon it by the zoning regulations
ordinance of the City of Poplar Bluff.
[R.O. 2007 §16-143; Ord. No. 3761 §22.1, 4-6-1970]
If the owner fails to comply with the notice issued by the Building
Inspector under this Chapter, the Building Inspector shall certify
such failure to the Board of Adjustment. Said Board is authorized
and may direct the Building Inspector to take such action as may be
necessary to repair, replace, rebuild or otherwise remedy the conditions
specified in the notice. If the Board of Adjustment proceeds to order
the condition remedied, then the cost thereof shall be at the expense
of the owner. The costs shall be submitted to the owner or owners
of the property; if the costs are not paid within sixty (60) days
after rendered, then the Board of Adjustment shall certify the amount
due to the Director of Finance who shall issue special tax bills thereon.
Said tax bills shall be collected as other taxes on real estate.
[R.O. 2007 §16-144; Ord. No. 3761 §23, 4-6-1970]
A.
Any
appeal herein shall be taken within thirty (30) days after the decision
is rendered by filing with the Building Inspector a notice of appeal,
specifying the grounds therefor and by depositing with such Building
Inspector the sum of thirty dollars ($30.00) as a docket fee.
B.
The
Building Inspector shall forthwith submit to the Board of Adjustment
a copy of this notice appeal together with all the papers constituting
the record upon which the action appealed from is taken.
[R.O. 2007 §16-145; Ord. No. 3761 §24, 4-6-1970]
An appeal pursuant to this Article shall stay all proceedings
in furtherance of the action appealed from, unless the Building Inspector
or Code Enforcement Officer shall certify to the Board of Adjustment,
subsequent to the filing of any notice of appeal, that by reason of
the facts stated in the certificate, a stay would cause imminent peril
to life or property. In such case, proceedings shall not be stayed
otherwise than by the order of any court of competent jurisdiction.
[R.O. 2007 §16-146; Ord. No. 3761 §25, 4-6-1970]
It shall be the duty of the Building Inspector and the Code
Enforcement Officer to furnish the Board of Adjustment, upon request,
with copies of reports of any or all inspections made by such officers
in the matter of appeal and to furnish such other information as may
be available to them and requested by the Appeal Board.
[R.O. 2007 §16-147; Ord. No. 3761 §26, 4-6-1970]
The Board of Adjustment shall fix a time and place for the hearing
of the appeals. Such hearing shall be had within a reasonable time
after the filing of the notice of appeal. Notice of the time and place
of hearing shall be sent by mail to the appellant or to his/her attorney
of record and such hearing shall not be less than ten (10) days after
the mailing of the notice.
[R.O. 2007 §16-148; Ord. No. 3761 §27, 4-6-1970; Ord. No. 4089 §3, 7-1-1974]
A.
In
exercising the powers enumerated in this Chapter, the Board of Adjustment
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.
B.
The
Board of Adjustment shall act by majority vote and a quorum shall
consist of at least three (3) members. The action of the Board shall
not become effective until after the resolution of the Board setting
forth the reason for its decision and the vote of each member participating
therein has been spread upon the minutes. Such resolutions, immediately
following the Board's final decision, shall be filed in the office
of the Board and shall be open for public inspection.
[R.O. 2007 §16-149; Ord. No. 3761 §29, 4-6-1970]
A.
Any
decision of the Board of Adjustment under this Chapter shall be subject
to review by a writ of certiorari from any court of competent jurisdiction.
B.
In
no case shall the appellant be liable for any expenses or costs for
surveys, investigations or hearings of the Board.
C.
If
a decision appealed from is affirmed, the docket fee previously deposited
by appellant shall be forfeited and the money shall be paid into the
City Treasury. If the decision appealed from shall be reversed or
modified, then such docket fee shall be refunded to the appellant.
