(A) The Town Clerk shall forward an appeal to the Director of the Land Management Department, who shall forward such appeal to the Board of Adjustment. The town officials shall prepare a summary of the case, including all relevant data. The summary shall be provided to the board and the owner at least five working days before the hearing.
(B) The Appeal Board shall fix a reasonable time for hearing appeals, shall give due notice to the owner of the individual rental unit, and shall render a decision within a reasonable time.
(C) The owner may appear at the hearing in person or by representation by an agent or attorney of his or her choice. The North Carolina Rules of Evidence, G.S. Chapter 8C, shall not strictly apply to the hearing, but all parties shall have an opportunity to offer evidence, cross-examine witnesses, and inspect documents. Only sworn testimony shall be accepted. The chair of the Appeal Board, as well as any Board member designated by the chair, shall have the authority to administer the oath as set forth for witnesses in a civil matter by G.S. § 11-11. All hearings before the Appeal Board shall be de novo and recorded. The Appeal Board has the authority to develop rules and regulations consistent with this article to facilitate the hearing process.
(D) The town shall have the burden of proof. With respect to revocations of permits and INRA status the town must establish by the preponderance of the evidence that the owner's property is in need of remedial action and the owner has failed to act in good faith to comply with the remedial action plan. After reviewing the evidence and hearing testimony from the witnesses, the appeal board shall issue findings of fact and conclusions of law and issue a decision in writing either affirming or reversing, wholly or partly, or may modify the decision of the town officials and may make any decision and order that in the opinion of the appeal board ought to be made in the matter. The decision of the Appeals Board may be delivered to the owner either by personal service or by registered or certified mail return receipt requested or by mailing a copy of the decision by signature confirmation as provided" by the United States Postal Service.
(E) The owner shall have the right to seek judicial review of the Appeal Board's decision in a proceeding in the nature of certiorari instituted in the superior court of the county within 30 days after the date the Appeal Board votes to uphold the Town Officials. Judicial review shall not automatically stay the revocation.
(Ord. 18-017, passed 9-11-18)