[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.