<div class="chunk-title">Sec. 3.5-46. - Appeals from order of the code enforcement officer.</div>
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            <p class="incr0">
               (a)
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            <p class="content1">
               An appeal from any decision or order of the officer may be taken by any person aggrieved
               thereby. Any appeal from the officer shall be taken within ten (10) days from the
               rendering of the decision or service of the order by filing with the officer and with
               the 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 such act, this decision shall remain
               in force until modified or reversed. When any 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, that because of facts stated
               in the certificate (a copy of which shall be furnished the appellant), a suspension
               of his requirement would cause imminent peril to life or property. In that case the
               requirement shall not be suspended except by a restraining order, which may be granted
               for due cause shown upon not less than one (1) day's written notice to the officer,
               by the board, or by a court of record upon petition made pursuant to G.S. Â§ 160A-446(f)
               and subsection (d) of this section.
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            <p class="incr0">
               (b)
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            <p class="content1">
               The board of adjustment shall fix a reasonable time for hearing 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, and may make
               any decision and order that 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-fifths
               of the members of the board shall be necessary to reverse or modify any decision or
               order of the 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 this article, to adapt the appellation of this article to the necessities
               of the case to the end that the spirit of this article shall be observed, public safety
               and welfare secured, and substantial justice done.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Every decision of the board of adjustment shall be subject to review by proceedings
               in the nature of certiorari instituted within fifteen (15) days of the decision of
               the board, but not otherwise.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               Any person aggrieved by an order issued by the officer or a decision rendered by the
               board of adjustment may petition the superior court for an injunction, restraining
               the officer from carrying out the order or decision and the court may, upon such petition,
               issue a temporary injunction restraining the officer pending a final disposition of
               the cause, as provided by G.S. Â§ 160A-446(f).
               </p>
            		
            <p class="historynote0">
               (Ord. of 5-2-00, Â§ 3.5-47)
               </p></div>