ADMINISTRATIVE APPEALS BOARD

Omaha Municipal Code ch. 2, art. VI, div. 2

in effect

Omaha Municipal Code § 2-171 Established.

Sec. 2-171. - Established. An administrative appeals board is hereby established, which shall be known as the "administrative appeals board." (Code 1980, § 2-171; Ord. No. 33778, § 8, 1-9-96)

Omaha Municipal Code § 2-172 Composition.

Sec. 2-172. - Composition. The administrative appeals board shall consist of five regular members, and one first alternate member and one second alternate member. The first alternate member shall serve if any regular member is absent from a meeting. The second alternate member shall serve if more than one regular member is absent from a meeting, or if the first alternate member and any regular member is absent from a meeting. Members shall not be employees or officials of the city. Upon the effective date of the ordinance codified in this section, the member position formerly filled by a city councilmember shall be considered vacant and shall be immediately filled as provided by this division. (Code 1980, § 2-172; Ord. No. 38675, § 1, 3-9-10)

Omaha Municipal Code § 2-173 Appointment of members.

Sec. 2-173. - Appointment of members. The members of the administrative appeals board shall be appointed by the mayor and approved by the city council. (Code 1980, § 2-173)

Omaha Municipal Code § 2-174 Term of members.

Sec. 2-174. - Term of members. Members of the administrative appeals board shall be appointed for a term of three years. (Code 1980, § 2-174)

Omaha Municipal Code § 2-175 Removal of members.

Sec. 2-175. - Removal of members. The mayor shall have the power to remove any member of the administrative appeals board for cause, after public hearing, and with the approval of the city council. (Code 1980, § 2-175)

Omaha Municipal Code § 2-176 Filling of vacancies.

Sec. 2-176. - Filling of vacancies. Vacancies occurring in the membership of the administrative appeals board shall be filled for the unexpired term in the same manner as original appointments. (Code 1980, § 2-176)

Omaha Municipal Code § 2-177 Compensation of members.

Sec. 2-177. - Compensation of members. The members of the administrative appeals board shall serve without compensation, but they may be reimbursed for any travel expense incurred in the performance of their assigned duties. (Code 1980, § 2-177)

Omaha Municipal Code § 2-178 Chairperson.

Sec. 2-178. - Chairperson. At its first meeting, the members of the administrative appeals board shall select from among themselves a chairperson. (Code 1980, § 2-178; Ord. No. 33778, § 9, 1-9-96)

Omaha Municipal Code § 2-179 Meetings.

Sec. 2-179. - Meetings. All meetings of the administrative appeals board shall be held at the call of the chairperson and at such other times as such board may determine. All meetings of the administrative appeals board shall be open to the public. (Code 1980, § 2-179; Ord. No. 33778, § 10, 1-9-96)

Omaha Municipal Code § 2-180 Oaths; witnesses.

Sec. 2-180. - Oaths; witnesses. The chairperson of the administrative appeals board, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. (Code 1980, § 2-180; Ord. No. 33778, § 11, 1-9-96)

Omaha Municipal Code § 2-181 Minutes.

Sec. 2-181. - Minutes. The administrative appeals board shall keep minutes of its proceedings, showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact. (Code 1980, § 2-181)

Omaha Municipal Code § 2-182 Records.

Sec. 2-182. - Records. The administrative appeals board shall keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall immediately be filed in the office of the board and shall be a public record. (Code 1980, § 2-182)

Omaha Municipal Code § 2-183 Quorum.

Sec. 2-183. - Quorum. Three members of the administrative appeals board shall constitute a quorum for the transaction of business, and not less than a quorum shall be present other than to adjourn or recess for want of a quorum. (Code 1980, § 2-183)

Omaha Municipal Code § 2-184 Powers and duties generally.

Sec. 2-184. - Powers and duties generally. The administrative appeals board shall hear and decide appeals from, and review when same is appealed to it, any order, requirement, decision or determination made by an administrative official, agency, division or department charged with the granting, issuance, denial, revocation or cancellation of any permit or license provided for by any provision of this Code or city ordinance. Said board may by the affirmative vote of a majority of the members of the board present at any hearing reverse, change or modify any order, requirement, decision or determination of any administrative official, agency, division or department which has been appealed to it under the provisions hereof. (Code 1980, § 2-184; Ord. No. 34637, § 1, 8-11-98; Amd. of 4-27-99)

Omaha Municipal Code § 2-185 Appeals to board.

Sec. 2-185. - Appeals to board. (a) Any person aggrieved by an order, requirement, decision or determination concerning the granting, issuance, denial, revocation or cancellation of any permit or license provided for by any provision of this Code or city ordinance may appeal such order, requirement, decision or determination made by an administrative official, agency, division, or department to the administrative appeals board. (b) Within ten days from the date of the order, requirement, decision or determination concerning the granting, issuance, denial, revocation or cancellation of any permit or license, the person aggrieved by such action shall file a notice of appeal with the planning director, alleging therein each ground and reason for the appeal; except that appeals filed under the provisions of section 11-115 of this Code shall be filed within five days of the receipt of written notice of the entry of an order concerning the issuance, denial, suspension, cancellation or revocation of any permit provided for in chapter 11 of this Code; and that appeals filed under the provisions sections 18-67 of this Code shall be filed within seven days from the mailing or personal service of the notice of intent to remove graffiti as provided for in chapter 18 of this Code. Within that period allowed for appeal under this subsection, the appealing party shall also pay to the city, through the director of the planning department or his or her designee, a filing fee in the following amount: (1) [Reserved.] (2) For all other appeals: $35.00. If on appeal the board shall rule wholly in favor of the appealing party, then the city shall refund to the appealing party the aforesaid filing fee. (c) The planning director shall forthwith transmit to the administrative appeals board all the papers constituting the record upon which the action appealed from was taken. The administrative appeals board shall fix a reasonable time for the hearing of the appeal, and give notice thereof to the parties, and decide the same within a reasonable time, except that appeals filed under the provisions of section 11-115 of this Code shall be heard and decided within ten days of filing of the notice of appeal with the planning director. At the hearing, any party may appear in person, or by agent, or by attorney. (Code 1980, § 2-185; Ord. No. 33778, § 12, 1-9-96; Ord. No. 34478, § 1, 2-24-98; Ord. No. 34637, § 2, 8-11-98; Amd. of 4-27-99; Ord. No. 43510, § 1, 8-29-23)

Omaha Municipal Code § 2-186 Appeals to district court.

Sec. 2-186. - Appeals to district court. Any person aggrieved by any decision or determination of the administrative appeals board may appeal to the district court by complying with R.R.S. 1943, § 14-813, as amended. When an appeal bond is filed with and payment or tender of transcript costs have been made to the city clerk, he or she shall promptly so notify the administrative appeals board and it shall forward promptly to the city clerk a complete transcript of the proceedings for delivery by the city clerk to the appellant, in compliance with said R.R.S. 1943, § 14-813, as amended. (Code 1980, § 2-186)

Omaha Municipal Code § 2-187 Other procedures saved.

Sec. 2-187. - Other procedures saved. It is not intended by this division to repeal, abrogate, annul or in any way impair or interfere with appeals or appeal procedures established by other provisions of law. Where appeals or appeal procedures are provided elsewhere in this Code, the same shall be followed. (Code 1980, § 2-187)

Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH2AD_ARTVIBOCOAU_DIV2ADAPBOFetched: 10/28/2026