§ 22-66. Appeals from orders of code enforcement officer, directed to housing board of appeals on dwellings, buildings and property standards.

(a)

An appeal from any decision or order of the code enforcement officer may be taken by any person aggrieved thereby. Any appeal from the code enforcement 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 inspections department and with the housing board of appeals on dwellings, buildings and property standards a notice of appeal which shall specify the grounds on which the appeal is based. Upon the filing of any notice of appeal, the code enforcement officer shall forthwith transmit to the board of appeals on dwellings, buildings and property standards all of the papers constituting the record on which the decision appealed from was made.

(b)

When appeal is from a decision of the code enforcement officer refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When any appeal is from a decision of the code enforcement 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 code enforcement officer certifies to the board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of this requirement would cause imminent peril of life or property in which case the requirement shall not be suspended except for due cause shown upon not less than one day's written notice to the code enforcement officer by the board, or by a court of record on petition made pursuant to G.S. 160A-446(f) and section 22-67 of this Code.

(c)

The board shall fix a reasonable time for the hearing of appeals, shall give due notice to 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, provided that the interpretation of the board complies with the city Code as written, and the spirit of the ordinance is fulfilled, and may make such decision and order as in its opinion ought to be made in the manner. To that end it shall have all the powers of the code enforcement officer, but the concurring vote of four members of the board shall be necessary to reverse or modify any decision or order of the code enforcement officer. The board shall have power also in passing upon appeals, when practical difficulties or unnecessary hardships would result from carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

(d)

Every decision of the board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the board, but not otherwise, as provided by G.S. 160-446(e).

(Ord. No. 1998-44, § 152.35, 11-17-1998)

State law reference

Board of appeals on dwellings, buildings and property standards permitted to hear appeals, G.S. 160A-446.