05-006-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING SECTION 50-49 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING APPEALS OF DECISIONS OF THE BOARD OF ZONING APPEALS.

BY COUNCILOR STEWART:

The city of Duluth does ordain:

     Section 1.     That Section 50-49 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 50-49.     Appeals to council.

     All action Any decision of the board of zoning appeals shall be final, unless, within ten days of mailing of the notice of the decision of the board, there is filed with the building inspector by any person aggrieved or by any officer, agency, department, board or bureau of the city affected by such decision an appeal, addressed to the city council, stating the grounds upon which a further appeal to the city council is desired. The filing of such a notice of appeal shall stay all proceedings in furtherance of the decision appealed from. Upon receipt of such an appeal, the building inspector shall file the same with the city council. The council, at its next regular meeting, shall hear the appeal and subsequently shall affirm, modify or reverse the board's decision the board amends its decision to correct a stenographic error or similar nonsubstantive mistake. Any appeal of a decision of the board of zoning appeals shall be to the courts in the manner set out in law and the rules of civil procedure.

     Section 2.     That this ordinance shall take effect 30 days after its passage and publication, as required by the Charter.


STATEMENT OF PURPOSE:  This ordinance provides for a way to correct typographical errors in an order of the board and eliminates the city council from the appeals process, instead allowing parties direct access to the courts as provided by state law.

 

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