§ 11B-7a. Appeal.

Latest version.

On receipt of a written order to cease operation and maintenance of a sex club, the owner, tenant, or person in charge of or having beneficial use of the premises shall have the right to appeal to the board of adjustment of the city. The board of adjustment on the filing of such an appeal shall conduct a hearing and take evidence as to whether a sex club is being operated in violation of this article. The chair of the board of adjustment may administer oaths and compel the attendance of witnesses. Minutes and records of the examinations and evidence presented during the hearing must be kept and filed as public record. The decision of the board of adjustment is final, and any appeal of the decision must be made to the district court within 30 days after receipt of the written notice of the decision of the board of adjustment. The district court's review shall be limited to a hearing under the substantial evidence rule. Costs may not be allowed against the city or the board of adjustments.

(Ord. No. 2051, § 6, 5-6-08)

                    
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