(A) Town Board of Adjustment to hear appeals. All appeals which may be taken from decisions or orders of the public officer pursuant to this chapter shall be heard and determined by the Town Board of Adjustment. As the appeals body, the Board of Adjustment, shall have the power to fix the times and places of its meetings to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties.
(B) Appeals from orders of public officer.
(1) An appeal from any decision or order of the public officer may be taken by any person aggrieved thereby or by an officer, board, or commission of the town. Any appeal from the public officer shall be taken within ten days from the rendering of the decision or service of the order, and shall be taken by filing with the public officer and with the Board of Adjustment in care of the Town Clerk a notice of appeal, which shall specify the grounds upon which the appeal is based.
(2) Upon the filing of any notice of appeal, the public officer shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the public officer refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed.
(3) When an appeal is from a decision of the public officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board of Adjustment, unless the public officer certifies to the Board of Adjustment, after the notice of appeal is filed with him or her, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant) a suspension of his or her requirement would cause imminent peril to life or property.
(4) In that case, the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day’s written notice to the public officer, by the Board of Adjustment or by a court of record upon petition made pursuant to G.S. § 160D-1208 and division (C) below.
(C) Petition to superior court. Any person aggrieved by an order issued by the public officer or a decision rendered by the Board of Adjustment may petition the superior court for an injunction restraining the public officer from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the public officer pending a final disposition of the cause. The petition shall be filed within 30 days after the issuance of the order or rendering of the decision. The rights of a person so aggrieved are governed by G.S. § 160D-1208.
(Prior Code, § 1716) (Ord. 22-01-02, passed 1-6-2022)