(a) Appeals of Violation Notices: Appeals of decisions, including notices of violations, made by the staff shall be made to the Dare County Board of Adjustment according to the provisions of Section 22-70 of this chapter.
(b) Standing: A person with standing as established in G.S. 160D-1402 may appeal an administrative decision to the Board of Adjustment by filing a notice with the Clerk to the Board of Adjustment or the Planning Director. The notice shall state the grounds for the appeal.
(c) Judicial Challenge: A person with standing may bring a separate and original civil action to challenge the constitutionality of an ordinance or development regulation or that it is ultra vires, preempted, or otherwise in excess of statutory authority without filing an appeal under this section.
(d) Time to Appeal: The owner or other party shall have 30 days from receipt of written notice of any determination within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt of any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice given by first class mail shall be deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.
(e) Record of Decision: The Dare County official who made the decision shall transmit to the Board all documents and exhibits constituting the record upon which the action appealed from is taken. The materials may be in written or electronic form. The official shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.
(f) Stays: An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed unless the Dare County official who made the decision certifies to the Board of Adjustment after notice of the appeal has been filed that because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the Dare County official, a request for an expedited hearing of the appeal, and the Board of Adjustment shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation shall not stay the further review of an application for development approvals to use such property; in these situations the appellant or Dare County may request and the Board of Adjustment may grant a stay or a final decision of development approval applications, including building permits affected by the issue being appealed.
(g) Subject to the provision of subsection (f) above, the Board of Adjustment shall hear and decide the appeal within a reasonable time.
(h) Alternative Dispute Resolution: Parties to an appeal may agree to mediation or other forms of dispute resolution. Offers for mediation or alternative dispute resolutions shall be submitted by the appellant to the Clerk to the Board of Adjustment for consideration by the County Attorney who shall review and authorize participation in any alternative mediation process. Should the matter be satisfactorily resolved through mediation or other dispute resolution, then the appeal process shall be discontinued and a written decision from the mediation or alternative dispute resolution be prepared and signed by all parties involved in the appeal.
(Ord. passed 6-21-2021)