Lakewood Municipal Code § 7440 Appeals

Any person aggrieved by the decision of any Board, Agency or Officer under this Chapter may appeal such decision to the Board of Appeals established in the Building Code. Said Board of Appeals is hereby established as a Board of Appeals for the purposes of this Chapter, and shall have and is hereby given all the rights, powers and duties bestowed upon said Board by the Building Code. All hearings of the Board of Appeals shall be pursuant to not less than five (5) days written notice to the appellant of the time and place of such hearing. Any appellant may waive such notice.

If, at the conclusion of such hearing the Board of Appeals finds that any provision of this Chapter of the Building Code, or any order of any officer pursuant to this Code, would, if enforced cause unnecessary hardships or practical difficulties inconsistent with economic feasibility or normal development of would do manifest injustice, or would impose a burden upon any person disproportionate to any benefit to the general public, or would be contrary to the spirit and purpose of this ordinance, or public interest, it may vary the application of the provisions of this Division or such order to the extent necessary to avoid such results. The Board of Appeals shall specify the reasons for its decision.

The Board of Appeals shall in every case reach a decision without unreasonable or unnecessary delay. Every decision shall be in writing. Unless an appeal is taken from such decision, or if an appeal is taken and the decision is affirmed, the authority making the original decision or determination appeal from shall abide by the decision of the Board of Appeals.

Within fifteen (15) days after receipt by the appellant or Water Utility of a copy of a decision of the Board of Appeals, he or any other person deeming himself aggrieved by such decision, may file with the City Clerk a written Notice of Appeal from such decision.

Upon receiving a Notice of Appeal the City Clerk shall set the matter for hearing before the City Council on at least ten days written notice to the appellant. At such hearing the City Council shall hear and decide the matter de novo as if no other hearing had been held, with the exception that appeal may be on the record only if so requested by the appellant. In any case the entire record of the proceedings before the Board of Appeals shall be furnished the City Council on or before the time of hearing.