§ 134-40. Appeals.

Any person wishing to appeal a decision of the department of safety and permits or agencies representative(s) on the grounds that the decision misconstrues or wrongly interprets this chapter or other applicable law may, within 30 days after the decision, appeal the same to the appropriate board, as hereinafter provided. Where the decision from which an appeal is taken is based upon the comprehensive zoning ordinance or a similar land use law, appeal shall be the board of zoning adjustments; when the decision from which an appeal is taken is based upon laws or regulation, including this chapter, pertaining to the design, construction, alteration, demolition, or structural aspects of buildings and/or signs, appeal shall be to the board of building standards and appeals. An appeal timely taken to the improper board shall be transferred to the proper board; and in doubtful cases, or when neither board appears to be the proper board, the mayor, pursuant to section 4-105 of the Charter, shall assign the appeal for decision by whichever board appears more appropriate. Appeals from the decision of a board shall be as otherwise provided by law, and from the decision of the board of zoning adjustments, and/or board of building standards and appeals shall be, pursuant to its rules and regulation, to the civil district court; provided that the appealing party shall give notice of appeal in writing to the department of safety and permits or agencies, representative(s) no less than ten calendar days following the decision appealed from and provided further that the appealing party shall comply with the department of safety and permits' or agencies representative(s)' decision pending appeal unless the department or agency representative(s) shall direct otherwise or unless otherwise expressly provided by law.

(Code 1956, § 3A-2(e); M.C.S., Ord. No. 21877, § 1, 3-17-05)