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(Sec. 10.26(3) con' t ) 10-67 <br /> with the board of adjustment a as well as give due notice to the 0 <br /> notice of appeal specifying the parties in interest, and decide <br /> grounds thereof. The officer from the same within a reasonable <br /> whom' the appeal is taken shall time. Upon the hearing any party <br /> forthwith transmit to the board may appeal in person or by agent <br /> all the papers constituting the or attorney. ,__l <br /> record upon which the action ( ) Powers of the board of <br /> appealed from was taken. The adjustment. The Board of Adjust- ' } <br /> Committee may appeal only those ment shall have the following f <br /> matters properly before it prior powers: <br /> to the Committee vote and within <br /> thirty (30) days of the public (a) To hear and decide appeals <br /> hearing on the matter, and only where it is alleged there is `J <br /> by a 2/3 vote of the Committee's error in any order, requirement, _ <br /> members. The Committee's appeal decision or determination made by i � <br /> shall be exempt from fee. an administrative official in the _,1 <br /> enforcement of sections 59.97, <br /> [ History: Sec. 10.26( 3) amended, 59.971, 87.30 or of any ordinance 1- I <br /> Sub. 1 to O.A. 15, 1987-88, adopted pursuant thereto. <br /> published 10/13/87. ) <br /> (4) Stays. An appeal shall stay (b) To hear and decide special <br /> all proceedings in furtherance of exceptions to the terms of the <br /> the action appealed from, unless ordinance upon which such board ___.1 <br /> the officer from whom the appeal is required to pass under such <br /> ordinance <br /> is taken shall certify to the . � � <br /> board of adjustment after the (c) To authorize upon appeal in ,J <br /> notice of appeal shall have been specific cases such variance from <br /> filed with him that by reason of the terms of the ordinance as <br /> facts stated in the certificate a will not be contrary to the <br /> ti <br /> stay would cause imminent peril public interest, where, owing to <br /> to life or property. In such special conditions, a literal <br /> case proceedings shall not be enforcement of the provisions of <br /> stayed otherwise than by a re- the ordinance will result in - <br /> straining order, which may be unnecessary hardship, and so that <br /> granted by the board of adjust- the spirit of the ordinance shall r <br /> ment or by a court of record on be observed and substantial jus- <br /> application on notice to the tice done. <br /> officer from whom the appeal is <br /> (7) Order on appeal . In <br /> taken and on due cause shown. exercising the above-mentioned _ <br /> (5) Hearing appeals. The board powers such board may, in con- <br /> of adjustment shall fix a reason- formity with the provisions of <br /> able time for the hearing of the this section, reverse or affirm, � j <br /> appeal and publish a Class 2 wholly or partly, or may modify <br /> notice thereof under Ch. 985, the order, requirement, decision ;" <br /> or determination appealed from 1 <br /> and may make such order, require- <br /> ment, decision or determination <br /> • <br /> ,,_' <br /> Second Quarter, Supp. #9 11/88 <br /> -j <br />