A. An appeal from any decision or order of the public officer may be taken by any person who is the subject of the decision or order. Any appeal from the public officer shall be taken within ten (10) days from issuance of the decision or notice of the order, and shall be taken by filing a written notice of appeal with the city clerk and the planning and development department which shall specify the grounds upon which the appeal is based.
B. Upon the filing of any notice of appeal, the public officer shall forthwith transmit to the City Council all 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 decision shall remain in force until modified or reversed.
C. The City Council shall hear the appeal in accordance with G.S. 160D-406 and Sec. 7-3.9.
D. The City Council shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties pursuant to Sec. 7-3.9 and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The City Council 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 public officer, but the concurring vote of four members of the City Council shall be necessary to reverse or modify any decision or order of the public officer.
E. The City Council 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 the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
F. Every decision of the City Council shall be subject to review by proceedings in the nature of certiorari instituted within fifteen (15) days of the decision of the City Council, but not otherwise.
(Ord. No. O-21-06-15-5, §1, 6-15-21)