New York General City Code § 81-A

Board of appeals procedure
Open in Lexace · Ask the AI about this section
§ 81-a. Board of appeals procedure. 1. Meetings, minutes, records.\nMeetings of such board of appeals shall be open to the public to the\nextent provided in article seven of the public officers law. Such board\nof appeals shall keep minutes of its proceedings, showing the vote of\neach member upon every question, or if absent or failing to vote,\nindicating such fact, and shall also keep records of its examinations\nand other official actions.\n  2. Filing requirements. Every rule, regulation, every amendment or\nrepeal thereof, and every order, requirement, decision or determination\nof the board of appeals shall be filed in the office of the city clerk\nwithin five business days and shall be a public record.\n  3. Assistance to the board of appeals. Such board shall have the\nauthority to call upon any department, agency or employee of the city\nfor such assistance as shall be deemed necessary and as shall be\nauthorized by the legislative body. Such department, agency or employee\nmay be reimbursed for any expenses incurred as a result of such\nassistance.\n  4. Hearing appeals. Unless otherwise provided by local law or\nordinance, the jurisdiction of the board of appeals shall be appellate\nonly and shall be limited to hearing and deciding appeals from and\nreviewing any order, requirement, decision, interpretation, or\ndetermination, made by the administrative official charged with the\nenforcement of any ordinance or local law adopted pursuant to this\narticle. Such appeal may be taken by any person aggrieved, or by an\nofficer, department, board or bureau of the city.\n  5. Filing of administrative decision and time of appeal. (a) Each\norder, requirement, decision, interpretation or determination of the\nadministrative official charged with the enforcement of the zoning local\nlaw or ordinance shall be filed in the office of such administrative\nofficial within five business days from the day it is rendered, and\nshall be a public record. Alternately, the legislative body of the city\nmay, by resolution, require that such filings instead be made in the\ncity clerk's office.\n  (b) An appeal shall be taken within sixty days after the filing of any\norder, requirement, decision, interpretation or determination of the\nadministrative official, by filing with such administrative official and\nwith the board of appeals a notice of appeal, specifying the grounds\nthereof and the relief sought. The administrative official from whom the\nappeal is taken shall forthwith transmit to the board of appeals all the\npapers constituting the record upon which the action appealed from was\ntaken.\n  6. Stay upon appeal. An appeal shall stay all proceedings in\nfurtherance of the action appealed from, unless the administrative\nofficial charged with the enforcement of such ordinance or local law,\nfrom whom the appeal is taken, certifies to the board of appeals, after\nthe notice of appeal shall have been filed with the administrative\nofficial, that by reason of facts stated in the certificate a stay\nwould, in his or her opinion, cause imminent peril to life or property,\nin which case proceedings shall not be stayed otherwise than by a\nrestraining order which may be granted by the board of appeals or by a\ncourt of record on application, on notice to the administrative official\nfrom whom the appeal is taken and on due cause shown.\n  7. Hearing on appeal. The board of appeals shall fix a reasonable time\nfor the hearing of the appeal or other matter referred to it and give\npublic notice of such hearing by publication in a paper of general\ncirculation in the city at least five days prior to the date thereof.\nThe cost of sending or publishing any notices relating to such appeal,\nor a reasonable fee relating thereto, shall be borne by the appealing\nparty and shall be paid to the board prior to the hearing of such\nappeal. Upon the hearing, any party may appear in person, or by agent or\nattorney.\n  8. Time of decision. The board

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.