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OR BK 9716 PG 1964
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<br /> (12) The recommendation from the Zephyrhills Airport Authority
<br /> (13) Federal Aviation Administration Aeronautical Study Determination
<br /> SECTION 11. APPEALS.
<br /> A. Any person aggrieved by any decision of the Building Depai talent made in its administration
<br /> of this Ordinance, if of the opinion that a decision of the Building Department, or the airport
<br /> manager or designee is an improper application of these regulations, may appeal to the Board of
<br /> Adjustment, Code Enforcement, and Appeals.
<br /> B. All appeals must be taken within 14 days by filing with the agency from which the appeal is
<br /> taken and the Board of Adjustment, Code Enforcement, and Appeals a notice of appeal specifying
<br /> the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the
<br /> Board of Adjustment, Code Enforcement, and Appeals all the papers constituting the record upon
<br /> which the action appealed from was taken or properly certified copies thereof in lieu of originals
<br /> as the agency involved may elect.
<br /> C. An appeal shall stay all proceedings in furtherance of the action appealed from unless the
<br /> agency from which the appeal is taken certifies to the Board of Adjustment, Code Enforcement,
<br /> and Appeals after notice of appeal has been filed with it, that by reason of the facts stated in the
<br /> certificate a stay would, in its opinion, cause imminent peril of life or property. In such cases,
<br /> proceedings shall not be stayed otherwise than by an order of the Board of Adjustment, Code
<br /> Enforcement,and Appeals on notice to the agency from which the appeal is taken and on due cause
<br /> shown.
<br /> D. The Board of Adjustment, Code Enforcement, and Appeals shall hold a public hearing prior
<br /> to making a determination on any appeal. The Board or Adjustment, Code Enforcement, and
<br /> Appeals shall issue a notice, via certified mail, of the time and place of such public hearing to the
<br /> petitioner no later than 14 days prior to the hear date. Such notice will contain the name of the
<br /> petitioner; date and time of the hearing; and,a brief statement of the error alleged by the petitioner.
<br /> The Board of Adjustment, Code Enforcement, and Appeals will publish an advertisement of the
<br /> public hearing in the local newspaper at least 14 days prior to the date of the public hearing.
<br /> E. The Board of Adjustment, Code Enforcement, and Appeals may, in conformity with the
<br /> provisions of this Ordinance,reverse or affirm,wholly or partly,or modify,the order,requirement,
<br /> decision or determination appealed from and may make such order, requirement, decision or
<br /> determination as ought to be made, and to that end shall have all the powers of the administrative
<br /> agency from which the appeal is taken.
<br /> SECTION 12. JUDICIAL REVIEW.
<br /> Any person or political subdivision affected by any decision of the Board of Adjustment, Code
<br /> Enforcement, and Appeals may apply for judicial relief to the circuit court within 30 days after
<br /> rendition of the decision.Review shall be by petition for writ of certiorari,which shall be governed
<br /> by the Florida Rules of Appellate Procedure. The court has exclusive jurisdiction to affirm,
<br /> reverse,or modify the decision on the permit or other determination from which the appeal is taken
<br /> and, if appropriate, to order further proceedings by the political subdivision or its administrative
<br /> agency.
<br /> The findings of fact by the Board of Adjustment, Code Enforcement, and Appeals,if supported by
<br /> substantial evidence, shall be accepted by the court as conclusive, and an objection to a decision
<br /> of the political subdivision or its administrative agency may not be considered by the court unless
<br /> such objection was raised in the underlying proceeding.
<br /> Should this ordinance be held by a court to interfere with the use and enjoyment of a particular
<br /> structure or parcel of land, or to be so onerous in their application to such a structure or parcel of
<br /> land, as to constitute a taking or deprivation of that property in violation of the State Constitution
<br /> or the Constitution of the United States, such holding shall not affect the application of such
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