§ 152.121 APPEALS PROCEDURE.
   (A) In the event that the shore line protection officer denies a permit under this subchapter or prescribes conditions to which a permit applicant objects, the permit applicant may within 30 days of the denial or issuance of the permit (as the case may be) file an appeal with the Board of Aldermen. In the event that a shore line protection officer grants a permit under this subchapter any property owner whose property is damaged by action taken under this permit, or any other aggrieved person, may within 30 days from the issuance of the permit file an appeal with the Board. On receipt of any appeal the Board shall be entitled to consider the matter ab initio and may take any action which a shore line protection officer could have taken under this subchapter.
   (B) Upon an appeal to the Board, the Board may provide for oral or written presentations, or both, as it may deem appropriate. The Board may reverse or affirm, wholly or partly, or may modify the action appealed from, and shall make an order, requirement, decision, or determination as in its opinion ought to be made in the premises.
   (C) The Board shall fix a reasonable time for the hearing of the appeal, and shall notify all parties to the appeal (in person or by certified mail):
      (1) Of the date of the appeal hearing, at least seven days in advance thereof, and
      (2) Of the final disposition of the appeal.
   (D) The Board may issue subpoena to compel the attendance before the Board of persons, and the production of books and paper, for the purpose of examination in connection with any appeal to the Board under this subchapter.
   (E) Following the hearing of any appeal, the Board shall afford the parties thereto a reasonable opportunity to submit within the time as prescribed by the Board proposed findings of fact and conclusions of law. The record in the proceeding shall show the Board's ruling with respect to each requested finding and conclusion. All orders and decisions of the Board shall set forth separately the Board's findings of fact and conclusions of law.
   (F) As provided by general law every decision of the Board on an appeal shall be subject to review by the Superior Court of New Hanover County by proceedings in the nature of certiorari. However, the appeal or petition for certiorari shall be made within 30 days after the Board's findings of fact and conclusions of law are made and signed by the Mayor, or Mayor pro tem as the case may be. Pending the final disposition of the appeal, no action shall be taken which would be unlawful in the absence of a permit issued under this subchapter.
(Ord., passed 2-22-73; Am. Ord., passed 1-11-78; Am. Ord. 1845, passed 6-22-23)