The purpose of the administrative appeals procedure is to afford review of administrative actions. Appeals concerning the interpretation or administration of this ordinance may be made by any person aggrieved, where such action may be in error. Sections 7400 through 7435 shall be known as administrative appeals.
Administrative appeals shall be reviewed, evaluated, and acted on by the Board of Adjustment.
Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, or board of the city affected by the administrative decision of the director of community development or other officials having responsibilities for the administration or implementation of this ordinance.
All appeals shall be submitted within 15 days time after the decision is made upon which the appeal is based, by filing with the director of community development a notice of appeal, specifying the grounds upon which the appeal is based along with any fee required by section 7650. The burden of proof shall rest with the appellant to establish the necessary facts to warrant favorable action by the board.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment 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 such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.
The Board of Adjustment shall hold a public hearing at its next regularly scheduled meeting, but no sooner than 21 days. Notice of such public hearing shall be given as provided for in section 7630. Upon the hearing any party may appear in person or by agent or by attorney.
The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under these provisions.