ORDINANCE NO: 2003-231 "AN ORDINANCE ESTABLISHING THE FOLLOWING GUIDELINES AND PROCEDURES OF APPEAL IN THE ZONING BOARD OF APPEALS" WHEREAS, Section 71 of Article XI (Administration and Enforcement) in City Ordinance No. 2003-231 otherwise known as the Zoning Ordinance of 2001 provides that "Any person aggrieved by the decision of the City Zoning Administrator concerning the interpretation, administration or enforcement of this Ordinance may appeal to the City Zoning Board of Appeals. Such appeal shall be taken within a reasonable time but not to exceed thirty (30) days from receipt of the notice of the decision or action taken by the Zoning Administrator"; WHEREAS, Section 72 of the same Ordinance provides for the composition of the Zoning Board of Appeals whose decision is deemed to be definite and final and executory; WHEREAS, congruently, Section 74 empowers the City Zoning Board of Appeals to: act on appeals; hear and decide appealed cases where it is alleged that there is a substantial error in any decision, order or determination made by the Zoning Administrator in the enforcement of the ordinance; and grant variances and exceptions as provided for in the ordinance; WHEREAS, inasmuch as the City Zoning Board of Appeals is constituted pursuant to the City Zoning Ordinance by the Sangguniang Panlungsod, then provision and adoption of a uniform set of guidelines for its performance and in the treatment appeals is necessarily to be undertaken by this body; NOW THEREFORE, on seconded motion of Honorable Rufino O. Amor, BE IT ORDAINED, by the 7th City Council (Sangguniang Panlungsod) of the City of Pagadian, in session assembled, the herein-stated ordinance: SECTION 1. - Concept and Nature of Appeals. The decisions of the City Zoning Administrator give rise to the cause of an appeal. It is inherent in a judicial proceeding that there can be no appeal without a previous decision. Appeal is a creature of statute, not a constitutional or inherent right. Appeal is a statutory right providing remedies for correction of errors, deficiency and dissatisfaction by either party affected. SECTION 2. - Nature of the Functions of the City Zoning Board of Appeals. The Zoning Board of Appeals shall take cognizance of the review of decisions made by the City Zoning Administrator of the following nature: Erroneous decision Jurisdictional Errors Procedural Error Deficiency of decisions Dissatisfaction of decision Reconsideration of decision Review of decision SECTION 3. - Decisions Subject to Appeal. The following are the decisions of the City Zoning Administrator which may be the subject of appeal to the Zoning Board of Appeals: Erroneous Decision 3.2 Total/partial disregard of the approved zoning ordinance provisions 3.3 Failure to give notice to parties at least three (3) days before hearing Deficiency of Decision 4.1 Lack of appropriate conditions in accordance with the provisions of the Zoning Ordinance and/or Housing and Land Use Regulatory Board (HLURB) regulations. Dissatisfaction of Decision 5.1 Biased/favored decisions 5.2 Malicious decisions 5.3 Fraudulent decisions Appeal for Reconsideration 6.1 Application of the principle of Inter-Zoning 6.2 Application of the Mitigating Device 6.3 Request for Temporary Use Permit, Special Use Permit and other remedies Review of Decisions 7.1 Discovery of nature of errors SECTION 4. - Procedure of Appeal.