(A) Any person who violates any provision of this chapter shall be notified by the Public Works Director of the specific violation by certified or registered mail, return receipt requested, or by hand delivery. The notice shall set forth the nature of the violation, the measures required to comply with this chapter, if compliance is at all practicable, and a reasonable time period within which compliance must be had.
(B) If any aggrieved person disagrees with a decision of the Public Works Director, such person may request a hearing within 10 working days of receipt of the violation. The request must be in writing and directed to the Tree Board's secretary. The secretary shall immediately assemble an appeals board from among the membership of the Tree Board. The chairperson of the Town of Wilkesboro Tree Board shall always serve on the appeals board as the chairperson and shall not vote except to cast the deciding vote in case of a tie. The members to sit on the board shall be selected on a rotating basis. The owner shall have the right to be represented by counsel, examine and cross-examine witnesses at said hearing. The town attorney shall serve as the appeals board's legal advisor during said hearing. The appeals board shall render its written decision within 30 days after the hearing.
(C) The appeals board may modify, amend or revise the decision appealed. The decision of the appeals board shall be served upon the appealing party by registered or certified mail, return receipt requested, or by hand delivery.
(D) If any aggrieved party is dissatisfied with the decision of the appeals board, an appeal may be taken to the Wilkes County Superior Court. Notice of the appeal must be filed within 10 working days of receipt of the appeals board's decision. The parties may stipulate that the appeal to the Wilkes County Superior Court shall be a review of the record only. In the absence of a mutual stipulation, the review shall be de novo.
(E) Any aggrieved party may request an injunction to preserve the status quo during the pending of any appeal in accordance with applicable North Carolina law.
(Ord. passed 9-11-2006)