Chap. 119.—An ACT to amend and reenact Section 12 of Chapter 15, of the
Acts of Assembly of 1927 (Extra Session), approved April 11, 1927, relatin
to appeals to the board of zoning appeals in certain counties. (H 531

Approved March 5, 1948

Be it enacted by the General Assembly of Virginia:

1. That section twelve of chapter fifteen of the Acts of Assem-
bly of nineteen hundred twenty-seven (Extra Session), approved
April eleven, nineteen hundred twenty-seven, be amended and
reenacted as follows:

Section 12. Appeals to the board of zoning appeals may be
taken by any person aggrieved or by any officer, department, board
or bureau of the municipality affected by any decision of the
administrative officer. Such appeals shall be taken within fifteen
days after the entry of the decision appealed from by filing with
the officer from whom the appeal is taken and with the board of
zoning appeals, a notice of appeal specifying the grounds thereof.
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 was taken.

Provided that in any case where a building permit is issued by
the administrative officer, and the construction of the building for
which such permit was issued is subsequently sought to be pre-
vented, restrained, corrected or abated as a violation of a zoning
law by suit filed within thirty days after the start of construction
by a person who had no actual notice of the issuance of the permit,
the court may hear and determine the issues raised in the litiga-
tion even though no appeal was taken from the decision of the
administrative officer to the Board of Zoning Appeals.

An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken
certifies to the board of zoning appeals after the notice of appeal
shall have been filed with him that by reason of facts stated in the
certificate a stay would, in his 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 of
zoning appeals or by a court of record on application on notice to
the officer from whom the appeal is taken and on due cause shown.