Section 110-29. Administrative review.
(a) Authority. The board of adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building official or in the enforcement of this chapter.
(b) Appeal notice, hearing.
(1) Appeals to the board of adjustment may be taken by the city council, the planning and zoning board or by any person aggrieved or affected by any decision of the building official in the interpretation of any portion of this chapter.
(2) Such appeals shall be taken within a reasonable time, not to exceed 60 days of the date of the decision or such lesser period as may be provided by the rules of the board of adjustment, by filing with the building official and with the board of adjustment a notice of appeal specifying the grounds therefor. The building official shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken. The board of adjustment shall fix a reasonable time for hearing of the appeal, give public notice thereof at least 15 days in advance of public hearing, as well as due notice to the parties in interest, and decide the appeal within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.
(c) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the building official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him that, because of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the board of adjustment or by a court of record on application. The restraining order shall take effect on notice to the administrative official charged with the enforcement of this chapter and from whom the appeal is taken and on due cause shown.