(A) Under this subchapter, pursuant to G.S. § 160D-1127, any owner who has received an order issued under § 150.069 may appeal from the order to the Council by giving notice of the appeal in writing to the Chief Code Enforcement Officer and to the City Clerk within ten days following the issuance of the order. In the absence of such an appeal, the order of the Chief Code Enforcement Officer shall be final. The Council shall hear an appeal under this section within a reasonable time, and may modify, affirm or revoke the order.
(B) Upon the filing of any notice of appeal, the Chief Code Enforcement Officer shall forthwith transmit to the Council all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Chief Code Enforcement Officer 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 Chief Code Enforcement Officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Council, unless the Chief Code Enforcement Officer certifies to the Council, after the notice of the appeal is filed with him or her, that by reason of the facts stated in the certificate (a copy of which shall be furnished to the appellant), a suspension of his or her requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order granted by the Council for due cause shown upon not less than one day’s written notice to the Chief Code Enforcement Officer or by a restraining order of any court of record.
(Code 2019, § 4-10.6) (Ord. passed 6-27-2011)