CHAPTER 56

FORMERLY

HOUSE BILL NO. 118

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND AN ACT, BEING CHAPTER 42, VOLUME 53, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF SEAFORD.' TO PROVIDE A PROCEDURE FOR APPEALING A DECISION OF THE BOARD OF ADJUSTMENT TO THE CITY COUNCIL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Section 36, Chapter 42, Volume 53, Laws of Delaware, as amended, be and the same is hereby further amended by adding a new Subsection (CVO readTR:7E7ms:

"(C) Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment may appeal the decision of the Board of Adjustment to the City Council by presenting a petition, duly verified, setting forth the basis for such appeal to the Secretary of the City Council. Such petition and appeal shall be presented to the Secretary of the City Council within thirty (30) days after the filing of the decision of the Board of Adjustment. Upon presentation of the petition, the Secretary of the City Council shall direct the Board of Adjustment to forward to the City Council the entire record of the proceeding before the Board of Adjustment, including all exhibits. The record of the Board of Adjustment, including all exhibits, shall be forwarded to the Secretary of the City Council within (20) days following notice received by the Board of Adjustment from the Secretary of the City Council. The City Council shall consider the matter in open session on the record made before the Board of Adjustment and shall render its decision within a reasonable time. It shall be the duty of the City Council to sustain the decision of the Board of Adjustment if there is evidence to support the decision of the Board of Adjustment. All decisions of the City Council shall be in writing. The City Council may reverse or affirm, wholly or partly, or may modify the decision of the Board of Adjustment. Any person or persons, generally or severally, aggrieved by a decision of the City Council may appeal that decision to the Superior Court by a petition duly verified, setting forth that such decision is illegal, in whole in part, specifying the grounds of illegality. Such petition shall be presented to the Court within thirty (30) days following the filing of the decision of the City Council. Upon presentation of the petition, the Court may allow a Writ of Certiorari directed to the City Council to review such decision of the City Council and shall prescribe therein the time within which a return thereto must be made and served, which shall not be 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 City Council and on due cause shown, grant a restraining order. The Court may reverse or affirm wholly or partly, or may modify the decision brought up for review."

Approved June 23, 1983.