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BK:OOO26 PG:O25O <br />shall have 30 days from receipt from any source of actual or constructive notice <br />of the decision within which to file an appeal. <br />d) It shall be conclusively presumed that all persons with standing to appeal <br />have constructive notice of the decision from the date a sign containingthe words <br />"Zoning Decision" or "Subdivision Decision" in letters at least six inches high <br />and identifying the means to contact an official for information about the <br />decision is prominently posted on the property that is the subject of the decision, <br />provided the sign remains on the property for at least 10 days. Posting of signs is <br />not the only form of constructive notice. Any such posting shall be the <br />responsibility of the landowner or applicant. Verification of the posting shall be <br />provided to the official who made the decision. <br />e) The official who made the decision shall transmit to the board all <br />documents and exhibits constituting the record upon which the action appealed <br />from is taken. The official shall also provide a copy of the record to the appellant <br />and to the owner of the property that is the subject of the appeal if the appellant is <br />not the owner. <br />f) An appeal of a notice of violation or other enforcement order stays <br />enforcement of the action appealed from unless the official who made the <br />decision certifies to the board of adjustment after notice of appeal has been filed <br />that because of the facts stated in an affidavit, a stay would cause imminent peril <br />to life or property or because the violation is transitory in nature, a stay would <br />seriously interfere with enforcement of the ordinance. In that case, enforcement <br />proceedings shall not be stayed except by a restraining order, which may be <br />granted by a court. If enforcement proceedings are not stayed, the appellant may <br />file with the official a request for an expedited hearing of the appeal, and the <br />board of adjustment shall meet to hear the appeal within 15 days after such a <br />request is filed. Notwithstanding the foregoing, appeals of decisions granting a <br />permit or otherwise affirming that a proposed use of property is consistent with <br />the ordinance shall not stay the further review of an application for permits or <br />permissions to use such property; in these situations the appellant may request <br />and the board may grant a stay of a final decision of permit applications or <br />building permits affected by the issue being appealed. <br />g) Subject to the provisions of subsection (f) of this subsection, the board of <br />adjustment shall hear and decide the appeal within a reasonable time. A majority <br />of the members shall be required to decide an appeal from a decision of the <br />Administrator or any other quasi-judicial matter (except a Variance) or to <br />determine an appeal made in the nature of certiorari. For the purposes of this <br />subsection, vacant positions on the board and members who are disqualified from <br />voting on a quasi-judicial matter shall not be considered members of the board <br />for calculation of the requisite majority if there are no qualified alternates <br />available to take the place of such members. <br />h) The official who made the decision shall be present at the hearing as a <br />witness. The appellant shall not be limited at the hearing to matters stated in the <br />notice of appeal. If any party or the city would be unduly prejudiced by the <br />presentation of matters not presented in the notice of appeal, the board shall <br />continue the hearing. The board of adjustment may reverse or affirm, wholly or <br />partly, or may modify the decision appealed from and shall make any order, <br />requirement, decision, or determination that ought to be made. The board shall <br />have all the powers of the official who made the decision. <br />5 <br />