42-379. Appeals

Questions arising in connection with the enforcement of this Chapter shall be presented first to the approving official or agency and shall be presented to the appellate agency only on appeal from the approving official or agency (See Table 12.1). Appeals must be filed or mailed 30 days from the date of the decision with the approving official or agency. Where the appellate agency is the Zoning Board of Adjustment (ZBA), the ZBA shall hold a public hearing on the appeal in accordance with §42-371 (Quasi-Judicial Process Standards). 

1. In appeals of a decision to be heard by the ZBA, the current holder of the office at the time of the appeal whose decision is appealed hall attend the appeal hearing to act as a witness if called by either side.  The ZBA is authorized to take steps, including issuance of subpoena, to compel the attendance of the office holder.
2. An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed unless the official who made the decision certifies to the ZBA after notice of appeal has been filed that, because of the facts state in an affidavit, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation.