(A) All appeals which may be taken from decisions or orders of the Code Enforcement Official pursuant to this subchapter shall be heard and determined by the Board of Adjustment. As the appeals body, the Board 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 shall be subject to the following:
(1) An appeal from any decision or order of the Code Enforcement Official may be taken by any person aggrieved thereby. Any appeal from the Code Enforcement Official shall be taken within 10 days from the rendering of the decision or service of the order, and shall be taken by filing with the Code Enforcement Official and with the Board of Adjustment a notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Code Enforcement Official shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made. When the appeal is from a decision of the Code Enforcement Official refusing to allow the person aggrieved thereby to do any act, the Code Enforcement Official's decision shall remain in force until modified or reversed. When any appeal is from a decision of the Code Enforcement Official requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Code Enforcement Official certifies to the Board, after the notice of appeal is filed, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant) a suspension of the requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown, upon not less than 1 day's written notice to the Code Enforcement Official, by the Board, or by a court of record upon petition made pursuant to G.S. § 160A-446(f) and this section.
(2) The Board shall fix a reasonable time for the hearing of all appeals, shall give notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Code Enforcement Official, but the concurring vote of 4/5 of the members of the Board shall be necessary to reverse or modify any decision or order of the Code Enforcement Official. The Board shall have power also in passing upon appeals, in any case when practical difficulties or unnecessary hardships would result from carrying out the strict letter of this subchapter, to adapt the application of this subchapter to the necessities of the case to the end that the spirit of this subchapter shall be observed, public safety and welfare secured, and substantial justice done.
(3) Every decision of the Board shall be subject to review by the Superior Court by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.
(Ord. 16-163, passed 5-17-2016) Penalty, see § 152A.097