(A) An appeal from any decision or order of the Town Administrator or designees is a quasi-judicial matter and may be taken by any person aggrieved thereby or by any officer, board, or commission of the local government. Any appeal from the Town Administrator or designees shall be taken within ten days from the rendering of the decision or service of the order by filing with the Town Administrator or designees and with the Town Board a notice of appeal that shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Town Administrator or designees shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Town Administrator or designees refusing to allow the person aggrieved thereby to do any act, the decision remains in force until modified or reversed. When any appeal is from a decision of the Town Administrator or designees requiring the person aggrieved to do any act, the appeal has the effect of suspending the requirement until the hearing by the Board, unless the Town Administrator or designees certifies to the Board, after the notice of appeal is filed with the officer, that because of facts stated in the certificate, a copy of which shall be furnished to the appellant, a suspension of the requirement would cause imminent peril to life or property. In that case the requirement is not 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 Town Administrator or designees, by the Board, or by a Court of record upon petition made pursuant to this section.
(B) The Town Board 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 Board 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 has all the powers of the Town Administrator or designees, but the concurring vote of four members of the Board is necessary to reverse or modify any decision or order of the Town Administrator or designees. The Board also has power in passing upon appeals, when 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 is observed, public safety and welfare secured, and substantial justice done.
(C) Every decision of the Town Board is subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.
(D) Any person aggrieved by an order issued by the Town Administrator or designees or a decision rendered by the Town Board may petition the Superior Court for an injunction restraining the Town Administrator or designees from carrying out the order or decision and the Court may, upon such petition, issue a temporary injunction restraining the Town Administrator or designees 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. Hearings shall be had by the Court on a petition within 20 days and shall be given preference over other matters on the Court's calendar. The Court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. It is not necessary to file bond in any amount before obtaining a temporary injunction under this division.
(E) If any dwelling is erected, constructed, altered, repaired, converted, maintained, or used in violation of G. S. Ch. 160, this chapter, or of any ordinance or code adopted under authority of G.S. Ch. 160D or any valid order or decision of the Town Administrator or designees or Board made pursuant to any ordinance or code adopted under authority of this G.S. Ch. 160D, the Town Administrator or designees 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 dwelling; or to prevent any illegal act, conduct, or use in or about the premises of the dwelling.
(Prior Code, § 9-1036) (Ord. passed 6-11-1974; Ord. passed 6-29-2021)