Tupelo |
Code of Ordinances |
Chapter 3. ADVERTISING |
Article II. SIGN CODE |
Division 2. ADMINISTRATION AND ENFORCEMENT |
§ 3-49. Appeals of administrative actions.
(a)
Any person injured or aggrieved by any interpretation of this article or other action by the administrator in the implementation and enforcement of this article may appeal such interpretation or action for a ruling by the board of adjustments. The appeal shall be made in writing by presenting to the administrator during business hours a summary of facts with regard to such interpretation or action and how such action has injured or aggrieved the appellant.
(b)
All such appeals received by the administrator shall be placed on the agenda of the board of adjustments according to the policies and procedures established by the administrator and the board of adjustments. The board of adjustments shall hear all facts concerning the issues raised by the appellant and make findings concerning the lawfulness and appropriateness of the administrator's action. The board shall review only those issues presented by the appellant, and the appellant shall have the burden of proof to show that the actions of the administrator are unlawful or improper.
(c)
The findings of the board of adjustments shall be conclusive as to all material issues of fact. The appellant may further appeal any findings of the board of adjustments to the board of aldermen by filing a notice of appeal, on forms provided by the administrator, in the office of the administrator by noon on the second working day following such findings by the board of adjustments. The administrator, upon receipt of such a notice of appeal, shall prepare a statement of facts and findings for the board of aldermen, which must be signed by the administrator and the presiding officer of the board of adjustments.
(Ord. of 11-15-88, § 3.4)