§ 34-83. Procedures and appeals.

Procedures before the board of adjustment, and appeals to and from such board, shall be governed by the provisions of Texas Local Government Code §§ 211.008—211.012.

(1)

The board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this article or state law. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his absence the acting chairperson, may administer oath and compel the attendance of witnesses.

(2)

All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep record of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(3)

Appeals to the board may be made by any person aggrieved, or by any municipal officer, department, or board affected by any decision of the city manager or his duly authorized representative in the enforcement of this article. Such appeal shall be filed with the board by the director of planning within 15 days after the original decision rendered by the director of planning.

(4)

Notice of hearing before the board required.

a.

The board shall hold a public hearing on all appeals made to it and written notice of such public hearing shall be sent to the applicant, all persons who are owners of real property lying within 200 feet of the property on which the appeal is made, and all other persons deemed by the board to be affected thereby.

b.

Such notice shall be given not less than ten days before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last city tax roll. Such notice may be served by deposition of the same, properly addressed and postage paid, in the U.S. Postal Service.

(5)

The secretary of the board shall forthwith notify in writing the commission and the city building inspector of each decision, interpretation, special exception and variance granted under the provisions of this article.

(Ord. No. 2014-01, § 1.16, 4-2-2014)