§ 72-378. Appeals.

(a)

The county council has the sole authority to hear and decide appeals from any order, requirement, decision, or determination of the zoning enforcement official in the enforcement of this article or any variance decision of the commission. Appeals may be taken by any person aggrieved or by any officer, board, department or agency of county government adversely affected by any decision of the zoning enforcement official; or variance decision of the commission. An appeal shall be taken within ten working days after rendition of the order, requirement, decision or determination, by filing with the zoning enforcement official and with the legal department, a written notice of appeal specifying its grounds, together with the appropriate fee. The appeal shall be on a form prescribed by the zoning enforcement official.

(b)

Upon receipt of the notice of appeal, the zoning enforcement official shall transmit to the county council all documents, plans, papers, minutes, applications, recommendations or other materials relating to the appealed decision. Any appeal of a decision by the zoning enforcement official or the commission shall be on evidence in the record.

(c)

Effect of appeals on proceedings. An appeal to the county council does not stay any work on the premises unless the zoning enforcement official or the commission certifies to the county council that, by reason of facts stated in that certificate, there is an imminent peril to life or property. Upon the filing of that certificate, all work must be stopped, and an order from the commission, county council or a circuit court, as the case may be, must be obtained before it can be recommenced.

(d)

Public hearing. The county council shall hold a hearing on any appeal after publication of notice stating the time, place and purpose of the hearing in a newspaper of general circulation in the county at least ten days before said hearing. The appellant shall also provide due public notice as set forth in this article. The county council shall conduct the hearing within 60 days upon receipt of a written notice of appeal, unless extended by stipulation of the zoning enforcement official and appellant. Failure to conduct the hearing within this time frame shall not invalidate the decision on appeal. It may, upon appeal, reverse, affirm or modify any order requiring a decision, or determination of the zoning enforcement official or the commission. If the county council finds that the county should pay the costs of an appeal, it may so authorize. No appeal shall be granted in whole or in part unless four members of the county council concur.

(Ord. No. 86-10, § XLIV, 10-23-86; Ord. No. 87-14, §§ XXVII—XXIX, 6-18-87; Ord. No. 87-25, §§ X—XII, 9-10-87; Ord. No. 88-2, § XXXII, 1-19-88; Ord. No. 90-34, §§ 121—123, 9-27-90; Ord. No. 92-6, § LXXIV, 6-4-92; Ord. No. 95-17, § V, 6-15-95; Ord. No. 95-27, § II, 8-3-95; Ord. No. 98-25, § L, 12-17-98; Ord. No. 00-05, § II, 3-9-00; Ord. No. 02-10, § IV, 4-18-02; Ord. No. 2004-20, § VI, 12-16-04; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2009-19, § III, 8-6-09)