(1) Any person aggrieved by or affected by any decision of the Board of Adjustment may have and maintain a plenary action for relief from the District Court of competent jurisdiction, provided petition for such relief is presented to the court within thirty (30) days after the filing of such decision in the office of the Board of Adjustment or with the City Recorder.

(2) The filing of a petition does not stay the decision of the Board of Adjustment.

(3) Before filing the petition, the aggrieved party may petition the Board of Adjustment to stay its decision.

(4) Upon receipt of a petition to stay, the Board of Adjustment may order its decision stayed pending District Court review if the Board of Adjustment finds it to be in the best interest of the city.

(5) After the petition is filed the petitioner may seek an injunction staying the Board of Adjustment’s decision.