<div class="chunk-title">Sec. 10-165. - Appeal procedures.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">To director.</span> Any owner may file a written appeal within ten days after issuance of the enforcement
               officer's report to the owner, with the director. The director is hereby given authority
               to rule on any dispute arising out of the interpretation of this article by the enforcement
               officer. The director will either affirm, reverse or modify the ruling of the enforcement
               officer.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">To appeals board.</span> Appeals on the record may be taken by an owner or other party in the interest from
               any decision or order of the director to an appeals board consisting of five members
               appointed by the county board of county commissioners.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               An appeal from any decision or order of the director may be taken by any person aggrieved
               thereby. Such appeal shall be taken within ten days from the service of the order
               and shall be taken by filing with the director and with the board a notice of appeal
               which shall specify the grounds upon which the appeals is based. Upon the filing of
               any notice of appeal, the director shall forthwith transmit to the board all papers
               constituting the record upon which the decision appealed from was made. When an appeal
               is from the decision of the director 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 director requiring the person aggrieved to do
               any act, the appeal shall have the effect of suspending the requirement until the
               hearing by he board, unless the director 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 to the petitioner) a suspension of this requirement
               would, in his opinion, cause imminent peril to life or property or that because the
               violation charged is transitory in nature a stay would seriously interfere with enforcement
               of the ordinance. In that case proceedings shall not be stayed except by a restraining
               order, which may be granted by the appeals board or by a court of record on application,
               on notice to the officer from whom the appeal is taken and on due cause show. To this
               end the board shall have all the powers of the officer from whom the appeal is taken.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The board shall fix a reasonable time for the hearing of 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, affirm, in whole
               or in part, or may modify the decision or order appealed. The concurring vote of four
               members of the board shall be necessary to reverse of modify any decision or order
               of the director. The board shall have power also in passing upon appeals in any case
               where there are practical difficulties or undue hardships in the way of 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.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Every decision of the board shall be subject to review by proceedings in the nature
               of certiorari instituted in the county superior court within 15 days after the written
               decision of he board is filed or after a copy thereof is delivered to the appealing
               party, whichever is later. The decision of the board may be delivered to the appealing
               party either by hand delivery or by any method authorized by the North Carolina Rules
               of Civil Procedure.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Injunction.</span> Any person aggrieved by a decision rendered by the board may petition the superior
               court for an injunction restraining the enforcement officer from carrying out the
               order or decision and the court may upon such petition, issue a temporary injunction
               restraining the enforcement officer pending a final disposition of the cause; provided,
               however, that such petition shall be filed within 30 days after issuance of the order
               or rendering of the decision.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 98-1-6, Â§ 15, 1-20-98)
               </p></div>