(A) An appeal from any final order, requirement, decision or determination or part thereof made by the Administrator may be taken to the Board of Adjustment by any person aggrieved. An appeal is taken by filing with the Administrator a properly filled out and signed application form and payment of the applicable fee. The fee shall be reimbursable in the event that the Board of Adjustment wholly reverses the order, requirement, decision or determination of the Administrator or part thereof which is being appealed.
(B) An appeal must be taken within 30 days after the date of the receipt of any final order, requirement, decision or determination appealed from. Unless established at an earlier date by a return receipt for a certified mail notice, the date of receipt shall be conclusively presumed as three days after the notice of the decision or order appealed from has been deposited in the United States mail with proper postage affixed, and addressed to the aggrieved party.
(C) Whenever an appeal is filed, the Administrator shall forthwith transmit to the Board of Adjustment the written notice of appeal and all the papers constituting the record relating to the order, requirement, decision or determination appealed from.
(D) An appeal stays all actions by the Administrator seeking enforcement of or compliance with the order, requirement, decision or determination appealed from, unless the Administrator certifies to the Board of Adjustment that (because of facts stated in the certificate) a stay would, in his or her opinion, cause imminent peril to life or property, or that because the situation appealed from is transitory in nature, an appeal would seriously interfere with enforcement of this subchapter. In that case, enforcement proceedings shall not be stayed except by order of the Board of Adjustment or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the Administrator and all other persons who have qualified as parties under the duly enacted Rules of Procedure of the Board of Adjustment.
(E) The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the order; requirement, decision or determination appealed from, and shall make any order, requirement decision or determination that in its opinion ought to be made in the case before it. To this end, the Board shall have all the powers of the Administrator from whom the appeal is taken. (See G.S. Ch. 160D, Art. 4: Administration, Enforcement, and Appeals)
(Ord. passed 10-14-2008; Ord. 2012-02, passed 4-10-2012; Ord. 2021-03, passed 6-8-2021)