§ 7.8.19. Staying of notice under appeal to Board of Construction Appeal.

(A)

As to an order to vacate issued in accordance with Section 7.8.9(3)(a) or 7.8.12(C) of this chapter, enforcement of any notice issued by the Chief Building Official or his designee under the provisions of this chapter shall be held in abeyance during the course of an appeal. In the event that an order to vacate was issued pursuant to the aforementioned sections of this chapter, the Chief Building Official shall certify in writing as soon as practicable after the notice of appeal has been filed that, in his opinion, a stay of enforcement of an order to vacate would cause imminent peril to the life or safety of natural persons, or the property of persons other than the appellant. The certification shall set forth in detail those conditions causing the peril. An appellant desiring to challenge the order to vacate may request an emergency hearing of the Board of Adjustment. The hearing shall be held within 72 hours of the appellant's request. [Amd. Ord. 47-07 10/16/07]

(B)

As to other matters under appeal, an appeal stays all proceedings in furtherance of the action appealed from, unless the Chief Building Official from whom the appeal is taken certifies to the Board of Adjustment after the Notice of Appeal is filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In this case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment at an emergency hearing of the Board as requested by the appellant, as noted above, or by a court of competent jurisdiction. [Amd. Ord. 47-07 10/16/07]