(A) Appeals. The city may provide for a Housing Appeals Board, as permitted by G.S. § 160D-305. However, in its absence the Board of Adjustment may act in its place. An appeal from any decision or order of the officer is quasi-judicial and may be taken by any person aggrieved thereby or by any officer, board or commission of the city. Any appeal from the officer shall be taken within ten days from the rendering of the decision or service of the order and shall be taken by filing with the officer and with the Appeals Board or Board of Adjustment, a notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the officer 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 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 an appeal is from a decision of the officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the officer certifies to the Board, after the notice of 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 this requirement would cause imminent peril to life or property; in which case, the requirement shall not be suspended except by a restraining order. Such a restraining order may be granted for due cause shown upon not less than one day’s written notice to the officer, by the Board or by a court of record upon petition made pursuant to division (E) below.
(B) Hearing. The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all 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 such decision and order as in its opinion ought to be made in the matter; and, to that end, it shall have all the powers of the officer, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the officer. The Board shall have the power also in passing upon appeals, when practical difficulties or unnecessary hardships would result from carrying out the strict letter of this chapter to adapt the application of the chapter of the necessities of the case to the end that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done.
(C) Certiorari. Every decision of the Housing Appeals Board or the Board of Adjustment 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) Petition to Superior Court by order. Any person aggrieved by an order issued by the officer or a decision rendered by the Board shall have the right, within 30 days after issuance of the order or rendering of the decision, to petition the Superior Court for a temporary injunction restraining the officer from carrying out the order or decision pending a final disposition of the cause. 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.
(E) If any dwelling is erected, constructed, altered, repaired, converted, maintained, or used in violation of this chapter or of any ordinance or code adopted under authority of this chapter or any valid order or decision of the public officer or board made pursuant to any ordinance or code adopted under authority of this chapter, the public officer 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.
(2009 Code, § 153.37) (Ord. passed 6-11-2002; Ord. 2021-Z-19, passed 6-22-2021)