(A) Any person who violates any provision of this subchapter shall be notified by the Zoning Administrator of the specific violation by certified or regular mail, return receipt requested, or by hand delivery. The notice shall set forth the nature of the violation, the measures required to comply with the chapter, if compliance is at all practicable, and a reasonable time period within which compliance must be had.
(B) If any aggrieved person disagrees with a decision of the Zoning Administrator, such person may request a hearing within ten business days of the receipt of the violation. The request must be in writing and directed to the Zoning Administrator. The Board of Adjustment (BOA) shall serve as the appeals board for all tree issues. The owner shall have the right to be represented by counsel, examine and cross-examine witnesses at said hearing. The Town Attorney shall serve as the Appeals Board’s legal advisor during said hearing. The Appeals Board shall render its written decision within 30 days after the hearing.
(C) If any aggrieved party is dissatisfied with the decision of the Appeals Board, an appeal may be taken to the county’s Superior Court. Notice of the appeal must be filed within ten business days of receipt of the Appeals Board’s decision.
(D) Any aggrieved party may request an injunction to preserve the status quo during the pendency of any appeal in accordance with applicable state law.
(Ord. passed 3-14-2005; Ord. passed 5-1-2013; Ord. passed 2-13-2013; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 705)