(A) Appeals to Board. All appeals which may be taken from decisions or orders of the Officer pursuant to this article shall be heard and determined by the Town Council. 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. The Board shall keep an accurate journal of all its proceedings.
(B) When appeal may be taken. An appeal may be taken by the owner or party in interest, or by any officer, Town Council, from a final decision or an order of the Officer. Any appeal shall be taken no later than 10 days from the rendering of the decision or order by filing with the Officer and with the Board of Commissioners a written notice of appeal which shall specify with particularity all of the grounds upon which the appeal is based.
(C) Duty of Officer upon the filing of an appeal. Upon the filing of any notice of appeal, the Officer shall forthwith transmit to the Town Council all the papers constituting the record upon which the final decision or order appealed from was made. The Officer shall also report the appeal to the Town Manager, who shall cause the matter to be placed on the agenda for action by the Board at its next ensuing regular meeting, and shall notify the owner of the date the Board will hear the matter.
(D) Staying of action. When an appeal is from a decision or order of the Officer refusing to allow the person aggrieved thereby to do any act, the Officer's decision or order shall remain in force until modified or reversed. When an appeal is from a decision or order of the 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, unless the Officer certifies to the Board, after the notice of appeal is filed with the Officer, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of the Officer's requirement would cause imminent peril to life or property. In that case, the requirement shall not be suspended except for due cause shown upon not less than 1 day's written notice to the Officer, by the Board of Commissioners, or by a court of record upon petition made pursuant to G.S. § 160A-434 and this section.
(E) Hearing of appeals. The Town Council shall fix a reasonable time for the hearing of all appeals, and shall reserve the right to continue the hearing of the appeal from time to time. Any party may appear in person or by authorized agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make any 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 Officer. The Board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this article, to adapt the application of this article to the necessities of the case to the end that the spirit of this article shall be observed, public safety and welfare secured, and substantial justice done. A copy of the Board's decision shall be served on the appellant by the Officer.
(F) Petition to superior court.
(1) Every decision of the Town Council shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the date of service of the decision of the Board, but not otherwise.
(2) Any person aggrieved by an order issued by the Officer or a decision rendered by the Town Council may petition the superior court for an injunction restraining the Officer from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the Officer pending a final disposition of the cause. The petition shall be filed within 30 days after issuance of the order or rendering of the decision.
(Ord. 11-9, passed 9-12-2011)