R-2004-15 acquisition of land for completion of police station

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e '!- ~ 106-87 LA PORTE CODE Sec. 106-87. Rules and meetings. " The board of adjustment shall adopt rules of procedure in accordance with the provisions of this chapter. Meetings of the board of adj ustment shall be held at the call of the chairman and at such other times as at least four members of the board of adjustment may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or ifabsent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, aU of which shall be immediately filed in the office of the city secretary and shall be a public record. Sec. 106-88. Powers and duties. The board of adjustment shall have t~e following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, de~ision or determination made by the enforcement officer,in the enforcement of this chapter. (2) To hear and decide special exceptions to the te~sof this chapter upon which it is required to pass under s~ction 106-191. (3) To authorize upon appeal in specific cases such variance as defined in section 106-192 from the tenus of the ch,apter, as will not be contrary to'the public interest, where, owing to special conditions, a literal enfor~ement of the provisions of the chapter will result in unnecessary hardship; and so that the spirit of the chapter shall be observed. " ~ 'f Sec. 106-89. Appeals to board of acljustment. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, departme.p.t or board, of the city affected by any decision of the enforcement officer. Such appeal shall be taken within 30 days as provided by the rules of procedure of the board of adjustment, by filing with the enforcement officer from whom the appeal is taken specifying the grounds thereof. The enforcement officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken. (1) When appeals stay all proceedings. An appeal stays aU proceedings in furtherance of the action appealed from, unless the enforcement officer from whom the appeal is taken certifies to the board of adjustment after notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice of the enforcement officer from whom the appeal is taken and on due cause shown. CDI06:26