Application for an interpretation or variance shall be made
to the Code Enforcement Officer. Upon his determination that a permit
cannot be issued without action by the Board of Appeals, he shall,
within five days of receipt, transmit such application to the Board
of Appeals for necessary action.
An appeal to the Board of Appeals may be taken by any person,
firm or corporation aggrieved or by any governmental officer, department,
board or bureau affected by any decision of the Code Enforcement Officer
based in whole or in part upon the provisions of this chapter. Such
appeal shall be taken by filing, on a form provided by the Village
of Nassau, with the Board of Appeals a notice of appeal specifying
the grounds thereof and the relief sought. The Code Enforcement Officer
shall forthwith transmit all papers constituting the record upon which
the action appealed from was taken to the Board of Appeals.
Said notice of appeal shall be filed within 60 days from the
date upon which the notice of refusal of the permit or refusal of
the certificate of occupancy is mailed by the Code Enforcement Officer,
and failure to file notice of appeal within 60 days shall constitute
a waiver of the right to appeal.
An appeal stays all proceedings in furtherance of the action
appealed from, unless the Code Enforcement Officer from whom the appeal
is taken certifies to the Board of Appeals after the notice of appeal
shall have been filed with him that, by reason of facts stated in
the certificate, a stay would, in his opinion, cause imminent peril
to life or property, in which case proceedings shall not be stayed
otherwise than by a restraining order, which may be granted by the
Board of Appeals or by a court of record on application, on notice
to the Code Enforcement Officer and on due cause shown.
If the variance is granted or the issuance of a permit is finally approved or other action by the appellant or applicant is authorized, the necessary permits shall be subject to the terms of §
120-79. Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his appeal or his application, and such permission, variances and permits to him granted shall be deemed automatically rescinded by the Board of Appeals.
Any person or persons, jointly or severally, aggrieved by any
decision of the Board of Appeals or any office, department, board
or bureau of the Village may apply to the Supreme Court for relief
by a proceeding under Article 78 of the Civil Practice Law and Rules:
A. Such proceeding must be instituted within 30 days after the filing
of a decision of the Board of Appeals in the office of the Village
Clerk.
B. The Court may take evidence or appoint a referee to take such evidence
as it may direct, and report the same, with its findings of fact and
conclusions of law, if it shall appear that testimony is necessary
for the proper disposition of the matter.
C. The Court at Special Term shall itself dispose of the case on the
merits, determining all questions which may be presented for determination.
The Court may reverse or affirm, wholly or partly, or may modify the
decision brought up for review determining all questions which may
be presented for determination.
D. Costs. Costs shall not be allowed against the Board of Appeals 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.