Okla. Stat. tit. 11, § 11-44-109
This is the official text of Okla. Stat. tit. 11, § 11-44-109, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.
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Procedure for appeals to the board of adjustment
Official statutory text
The municipal governing body shall provide by ordinance for
appeals from any action or decision of an administrative officer
acting pursuant to any zoning ordinance to the board of adjustment
in the following manner:
1. Appeals from the action of any administrative officer to the
board of adjustment may be taken by any person aggrieved or by any
officer, department, board or bureau of the municipality affected by
any decision of the administrative officer;
2. An appeal shall be taken within the time limits as fixed by
municipal ordinance by filing with the officer from whom the appeal
is taken and by filing with the board of adjustment a notice of
appeal specifying the grounds therefor. The officer from whom the
appeal is taken shall forthwith transmit to the board of adjustment
certified copies of all the papers constituting the record of the
matter, together with a copy of the ruling or order from which the
appeal is taken;
3. An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken
certifies to the board of adjustment after the notice of appeal has
been 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 such case the proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the
board of adjustment or by a court of record on application or notice
to the officer from whom the appeal is taken and on due cause shown;
and
4. The board of adjustment shall fix a reasonable time for the
hearing of the appeal, give public notice thereof, as well as due
notice to the parties in interest, and decide the same within a
reasonable time. Upon the hearing any party may appear in person or
by agent or by attorney.
appeals from any action or decision of an administrative officer
acting pursuant to any zoning ordinance to the board of adjustment
in the following manner:
1. Appeals from the action of any administrative officer to the
board of adjustment may be taken by any person aggrieved or by any
officer, department, board or bureau of the municipality affected by
any decision of the administrative officer;
2. An appeal shall be taken within the time limits as fixed by
municipal ordinance by filing with the officer from whom the appeal
is taken and by filing with the board of adjustment a notice of
appeal specifying the grounds therefor. The officer from whom the
appeal is taken shall forthwith transmit to the board of adjustment
certified copies of all the papers constituting the record of the
matter, together with a copy of the ruling or order from which the
appeal is taken;
3. An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken
certifies to the board of adjustment after the notice of appeal has
been 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 such case the proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the
board of adjustment or by a court of record on application or notice
to the officer from whom the appeal is taken and on due cause shown;
and
4. The board of adjustment shall fix a reasonable time for the
hearing of the appeal, give public notice thereof, as well as due
notice to the parties in interest, and decide the same within a
reasonable time. Upon the hearing any party may appear in person or
by agent or by attorney.
Status: in_force · Read it on the official government site
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