(A) The Board of Commissioners shall also hear any appeals from any decision or order of the inspector.
(B) An appeal from any decision or order of the inspector may be taken to the Board of Commissioners by any person aggrieved thereby or by any officer, Commissioner or commission of the town. Any appeal from the inspector shall be taken within ten days from the rendering of the decision or service of the order by filing with the office of the inspector, a notice of appeal to the Commissioners which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the inspector shall forthwith transmit to the Board of Commissioners all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the inspector refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed. When any appeal is from a decision of the inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board of Commissioners, unless the inspector certifies to the Board, after the notice of appeal is filed with him, that because of facts stated in the certificate (a copy of which shall be furnished the person making the appeal), a suspension of his requirement would cause imminent peril to life or property. In that case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day's written notice to the inspector by the Board of Commissioners, or by a court of record upon petition made pursuant to subsection (F) of this section.
(C) The Board of Commissioners shall fix a reasonable time for hearing appeals, shall give due notice to the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Commissioners may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make any decision and order that in its opinion ought to be made in the matter, and to that end it shall have all the powers of the inspector. The Commissioners shall have power also in passing upon appeals, when practical difficulties or unnecessary hardships would result from 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.
(D) Every decision of the Board of Commissioners shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Commissioner, but not otherwise.
(E) Any person aggrieved by an order issued by the inspector, or a decision rendered by the Board of Commissioners may petition the superior court for an injunction restraining the inspector and/or town from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the inspector 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. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. It shall not be necessary to file bond in any amount before obtaining a temporary injunction under this subsection.
(F) If any building, structure or dwelling is erected, constructed, altered, repaired, converted, maintained, or used in violation of this article or any valid order or decision of the inspector or Board of Commissioners made pursuant to any ordinance or code adopted under authority of this article or the North Carolina General Statutes, the inspector or Board may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration or use, to restrain, correct or abate the violation, to prevent the occupancy of the building, structure or dwelling, or to prevent any illegal act, conduct or use in or about the premises.
(Adopted 11-2-2021)