[CC 2000 §405.340; CC 1990 §410.010; Ord. No. 88 §13, 10-21-1951; Ord. No. 830 §1, 1-8-1987]
A. 
Established. The word "Board", when used in this Chapter, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members who shall be residents appointed by the Board of Alderpersons. The term of office of the members of the Board of Adjustment shall be five (5) years excepting that the five (5) members first (1st) appointed shall serve respectively for terms of one (1) year, two (2) years, three (3) years, four (4) years and five (5) years thereafter, members shall be appointed for terms of five (5) years each. Vacancies shall be filled for the unexpired term only. Members shall be removable for cause by the Board of Alderpersons upon written charges and after public hearing. The Board of Alderpersons shall appoint three (3) alternates for concurrent five (5) year terms and shall designate their order of service in the event of the inability of any regular member of the Board of Adjustment to meet or to serve.
B. 
The Board shall elect its own Chair who shall serve for one (1) year. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Title.
[CC 2000 §405.350; CC 1990 §410.020; Ord. No. 88 §13, 10-21-1951]
Meetings of the Board shall be held at the call of the Chair and at such other times as the Board may determine. Such Chair, or in his/her absence the Acting Chair, may administer oaths and compel the attendance of witnesses. 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 records 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. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for the purpose.
[CC 2000 §405.360; CC 1990 §410.030; Ord. No. 88 §13, 10-21-1951; Ord. No. 99 §§1 — 3, 5-22-1952; Ord. No. 198 §2, 6-13-1957; Ord. No. 956 §3, 9-9-1991; Ord. No. 1138 §§1 — 3, 9-21-1998]
A. 
Appeals to the Board may be taken by any person aggrieved or by any neighborhood organization as defined in Section 32.105, RSMo., representing such person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Building Commissioner or Housing and Sanitation Investigator. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board by general rule, by filing with the Building Commissioner or Housing and Sanitation Investigator and with the Board a notice of appeal specifying the grounds thereof. The Building Commissioner or Housing and Sanitation Investigator or the officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.
B. 
An appeal stays all proceedings of the action appealed from, unless the Building Commissioner or Housing and Sanitation Investigator certified to the Board after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent 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 or by a court of record on application or notice to the Building Commissioner or Housing and Sanitation Investigator and on due cause shown.
C. 
The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
D. 
Any person, firm or corporation filing with the Board of Adjustment of the City an appeal from any order, requirement, decision of the Building Commissioner or Housing and Sanitation Investigator shall pay to the City Clerk a deposit for the costs of said appeal in the sum of five hundred dollars ($500.00).
E. 
In the event that the Board of Adjustment shall reverse or modify the order, requirement, decision or determination of the Building Commissioner or Housing and Sanitation Investigator, the fund so deposited shall be refunded to the applicant.
F. 
Appeal Denial. In the event, however, that the Board of Adjustment denies the appeal and affirms the order, requirement, decision or determination of the Building Commissioner or Housing and Sanitation Investigator, the City Clerk shall compute the costs of the appeal, including the services of a shorthand reporter for the recording of the testimony (if required) and said sum so deposited shall be applied to said costs. If said costs are less than the sum deposited, a refund shall be made to the person so depositing said sum of the excess of the deposit over the costs. If the said sum is insufficient to pay the costs of said appeal, the costs over and above the sum deposited shall be paid by the person, firm or corporation that filed the appeal.
G. 
Compensation. Each member of the Board of Adjustment shall be compensated for his/her services on said Board in a sum set by ordinance for each hearing duly constituted and which he/she attends.
[CC 2000 §405.370; CC 1990 §410.040; Ord. No. 88 §13, 10-21-1951]
A. 
The Board shall have the following powers:
1. 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Commissioner or Housing and Sanitation Investigator in the enforcement of this Title.
2. 
To hear and decide all matters referred to it or upon which it is required to pass under this Title.
3. 
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Title to vary or modify the application of any of the regulations or provisions of this Title relating to the construction or alteration of buildings or structures or the use of land so that the spirit of the Title shall be observed, public safety and welfare secured and substantial justice done.
B. 
In exercising the above-mentioned powers the Board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may take such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the Building Commissioner or Housing and Sanitation Investigator.
C. 
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Commissioner or Housing and Sanitation Investigator or to decide in favor of the applicant on any matter upon which it is required to pass under this Title or to effect any variation in this Title.
D. 
Any person or any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons jointly or severally aggrieved by any decision of the Board of Adjustment may present to the Circuit Court of St. Louis County, Missouri, a petition duly verified setting forth that such decision is illegal, in whole or in part, and specifying the grounds of illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board.
E. 
Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board to review such decision of the Board and shall prescribe therein the time within which a return thereto must be made and served upon relator's attorney, which shall be not less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order.
F. 
The Board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decisions appealed from and shall be verified.
G. 
If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his/her findings of fact and conclusions of law which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
H. 
Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.