§ 38-503. Appeals.

(a)

Filing of appeals. Appeals to the board of appeals may be made by any person aggrieved, or by any officer, department, board or bureau of the city. Any appeal from the ruling of the building inspector concerning the enforcement of the provisions of the chapter shall be made to the board of appeals within ten (10) days after the date of the notice of the building inspector's decision. Such appeal shall be filed with the secretary of the board of appeals and with the city building inspector, and shall specify the grounds for the appeal. The city building inspector shall immediately transmit to the secretary of the board all papers constituting the record upon which the action appealed from was taken.

(b)

Stay. An appeal shall stay all proceedings in furtherance of the action appealed from unless the city building inspector certifies to the board of appeals after notice of appeal has been filed with her/him that by reason of facts stated in the certificate a stay would, in the inspector's opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may granted by the board of appeals, or, on application, by court of record.

(c)

Fees. A fee, as established by the city council, shall be paid to the City at the time the petitioner files an application with the board. The purpose of such fee is to cover, in part, the necessary advertisements, investigations, hearing records and other expenses incurred by the board in connection with the appeal. No fee shall be charged if the city or any official body of the city is the moving party.

(d)

Review by circuit court. Any party aggrieved by any order, determination or decision of any officer, agency, board, commission, board of appeals or the council which has acted pursuant to the provisions of Act No. 110 of the Public Acts of Michigan of 2006, as amended, and Act No. 285 of the Public Acts of Michigan of 1931 (MCL 125.31 et seq.), as amended may obtain a review thereof both on the facts and the law, in the circuit court of the county; provided, that application is made to the court within thirty (30) days after the board of appeals certifies its decision in writing or approves the minutes of the decision; and further provided, that all other means of local appeal and review as provided in this chapter have first been exhausted. The circuit court shall review the record and decision of the board of appeals to ensure that the decision:

(1)

Complies with the constitution and laws of the state;

(2)

Is based upon proper procedure;

(3)

Is supported by competent, material, and substantial evidence on the record;

(4)

Represents the reasonable exercise of discretion granted by law to the board of appeals.

If the circuit court finds the record of the board of appeals inadequate to make the review required by this section, or that there is additional evidence which is material and with good reason was not presented to the board of appeals on conditions which the court considers proper, the board of appeals may modify its findings and decision as a result of the new proceedings, or may affirm its original decision. The supplementary record and decisions shall be filed with the courts. As a result of this review the circuit may affirm, reverse, or modify the decision of the board of appeals.

(Ord. No. 437, § 5.112, 9-16-85; Ord. No. 680, § 1, 10-16-06)