The Board shall hear and decide appeals decisions of administrative officials charged with enforcement of this chapter and may hear appeals arising out of any other ordinance that regulates land use or development, pursuant to the following:
(A) Appeal eligibility. Any person who has standing under G.S. § 160D-1402(c) may appeal a decision of the Board. An appeal is taken by filing a notice of appeal with the County Clerk. The notice of appeal shall state the grounds for the appeal.
(1) The official who made the decision shall give written notice to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail.
(2) The owner or other party shall have 30 days from receipt of the written notice within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the decision within which to file an appeal.
(3) The official who made the decision shall transmit to the Board all documents and exhibits constituting the record upon which such action appealed from was taken. The official shall also provide a copy of the record to the appellant and to the owner of the property that is subject of the appeal if the appellant is not the owner.
(B) Effect of appeal. An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from unless the officer who made the decision certifies to the Board after notice of appeal has been filed that because of facts stated in an affidavit, a stay would cause imminent peril to life or property or that because the violation is transitory in nature, a stay would seriously interfere with enforcement of this chapter. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the board shall meet to hear the appeal within 15 days after such request is filed.
(C) The Board shall fix a reasonable time for hearing the appeal, not to exceed 30 days, give due notice of the appeal to the parties, and decide the appeal within a reasonable time. The Board may reverse or affirm, in whole or in part, or may modify the order, requirement, decision, or determination or interpretation appealed from, and shall make any order, requirement, decision, determination or interpretation that in the Board's opinion ought to be made under the circumstances.
(Ord. 39, passed 10-3-2011; Am. Ord. passed 12-1-2014; Am. Ord. 5-3-2021)