Civil citation issued pursuant to § 10.99, except civil citation issued in violation of Chapter 150 (Building Regulations), Chapter 151 (Flood Damage Prevention), Chapter 152 (Subdivision), and Chapter 153 (Zoning), may be appealed first to the head of the issuing department, or their designees, and, then, to the Town Manager, or their designee, if the appealing party finds the department head’s decision unacceptable in accordance with this section. Those issued under Title XV - Land Usage section of the code shall follow procedures outlined in § 153.322. An appeal of a civil citation shall adhere to the following procedure:
(A) To be considered, an appeal of a civil citation shall be submitted in writing to the Town Clerk within 14 days from the date the civil citation is issued.
(B) Upon receipt, the Town Clerk shall forward the appeal to the department head for review and action to either reverse or affirm the issuance of the civil citation. In their consideration of the appeal request, the department head shall include written and/or oral comment from the appealing party and the staff member who issued the civil citation. The department head shall review and act on the appeal as soon as possible or within 30 days of the date of receipt to complete this process.
(C) In the event the appealing party is dissatisfied with the department head’s action to either reverse or affirm the issuance of the civil citation, a second appeal request may be submitted in writing to the Town Manager by the appealing party not later than five days from the date the first appeal is held, and this second appeal shall be held as soon as possible or within 30 days of the department head’s decision.
(D) After deliberation, the Town Manager may reverse or affirm the decision of the department head on the issuance of the civil citation.
(E) In the event the appellant has exhausted all administrative remedies with the town, then they may file a civil action in the Superior Court for Dare County, North Carolina.
(Ord. 05-17, passed 9-12-05; Am. Ord. 18-5, passed 6-14-21)