§ 11.6. Procedure for appeals to the board of adjustment.

11.61

Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer or department of the City of Atmore affected by any decision of any administrative officer representing the City in an official capacity in the enforcement of this Ordinance or regulation required thereunder. Such appeal shall be taken within thirty (30) days of said decision by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof and a fee of seventy-five dollars ($75.00). The officer from whom the appeal is taken shall transmit forthwith to the Board of Adjustment all papers constituting the record upon which the action was taken.

11.62

An appeal stays 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. Such 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 and notice to the officer from whom the appeal is taken and on due cause shown.

11.63

The Board of Adjustment shall fix a reasonable time for hearing the appeal, give public notice to the interested parties and decide the appeal within a reasonable time. Any party may appear in person, by agent, or by an attorney.

11.64

In exercising its authority, the Board of Adjustment may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal is taken.

11.65

The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or decide in favor of the applicant on any matter upon which it is required to pass under this or any such Ordinance or to effect any variation in such Ordinance or regulation required thereunder.

11.66

Any party aggrieved by a final judgment or decision of the Board of Adjustment may, within fifteen (15) days thereafter, appeal therefrom to the Circuit Court of Escambia County, Alabama, by filing with the Circuit Court and the Board of Adjustment a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of such appeal, the Board of Adjustment shall cause a transcript of the proceedings and the action to be certified to the Court to which the appeal is taken, and the action of such court shall be tried de novo.