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§ 163.55 APPLICATION OF INTERPRETATION POWER.
   An appeal from an order, requirement, or decision of the Planning Board shall be decided by the Board of Adjustment duly supported by competent evidence. In exercising this power, the Board of Adjustment shall act in a prudent manner so that the purposes and intent of the chapter shall be served. No decision shall have the effect of varying the terms of the chapter or permitting as a matter of right any use otherwise limited or prohibited hereunder.
(Am. Ord. passed 7-17-23)
§ 163.56 APPEAL STAYS FURTHER PROCEEDINGS.
   An appeal to the Board of Adjustment from a decision or determination of the Planning Board stays all proceedings in furtherance of the decision or determination appealed from, except as provided in § 163.57, during the pendency of the appeal.
(Am. Ord. passed 7-17-23)
§ 163.57 EXCEPTIONS TO STAY OF ACTION.
   (A)   An appeal to the Board of Adjustment of a decision or determination of the Planning Board shall not stay proceedings in furtherance of the decision or determination appealed from, if the Planning Board certifies either:
      (1)   That a stay would cause imminent peril to life or property; or
      (2)   That the situation subject to the appeal is transitory in nature and therefore, an appeal would seriously interfere with enforcement of this chapter. In that case, enforcement proceedings are not stayed except by a restraining order, which may be granted by a court.
   (B)   In each instance, the Planning Board shall set forth in the certificate facts to support its conclusion.
(Am. Ord. passed 7-17-23)
§ 163.58 APPEALS OF BOARD ACTIONS.
   Every decision of the Board of Adjustment shall be subject to review at the instance of any aggrieved party in the Superior Court by proceedings in the nature of a petition for writ of certiorari. Such proceedings in the Superior Court shall be initiated within 30 days of the filing of the decision in the office of the Board of Adjustment or the delivery of the notice required under § 163.52 above, whichever is later. Appeals not received within said 30-day period are not timely. The Superior Court is authorized to stay enforcement of this chapter during the pendency of an appeal from the decision of the Board of Adjustment upon a hearing and the posting of a bond sufficient to the court which will adequately protect the interests of the county.
(Am. Ord. passed 7-17-23)
ENFORCEMENT
§ 163.75 ADMINISTRATION AND ENFORCEMENT.
   The Planning Board shall be responsible for the administration and enforcement of this chapter. If the Planning Board shall determine that any of the provisions of this chapter are being violated, it shall notify in writing the person (if different from the property owner; pursuant to § 160D-404(a)) responsible for such violation, indicating the nature of the violation and ordering that the action necessary to correct the violation be under taken within ten working days and be completed within such reasonable time as the Planning Board shall establish. The Planning Board may order the discontinuance of illegal use of land, buildings, or structures; the removal of illegal buildings or structures or of addition, alterations, or structural changes thereto; the discontinuance of any illegal work being done; and may take any other action authorized by this chapter to insure compliance with, or to prevent violation of, its provisions.
(Am. Ord. passed 7-17-23)
§ 163.76 INTERFERENCE.
   It shall be unlawful for any person to interfere with, hinder, or harass the employees, agents, or authorized representatives of the county in the performance of their duties under this chapter.
(Am. Ord. passed 7-17-23)
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