Land Development Ordinance - Amended 4-2-2024

30 days before the filing of the summary ejectment proceeding, that the Board of Commissioners has ordered the Inspections Director or Code Enforcement Officer to proceed to exercise his duties under North Carolina General Statutes §160D-1127 to vacate and close or remove and demolish the nonresidential building or structure. (3) Appeal . An appeal from any judgment entered under this Subsection by the magistrate may be taken as provided in North Carolina General Statutes §7A-228, and the execution of the judgment may be stayed as provided in North Carolina General Statutes §7A-227.

m. Filing of Ordinances

An ordinance adopted by Town Board of Commissioners, pursuant to this Article, shall be recorded in the Office of the Register of Deeds of Wake County and shall be indexed in the name of the property owner in the grantor index as provided by North Carolina General Statutes §160D-1127.

n. Alternative Remedies

Neither this Article nor any of its provisions shall be construed to impair or limit, in any way, the power of the Town of Fuquay-Varina to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this Article by criminal process as authorized by North Carolina General Statutes §14-4 and by this Article, and the enforcement of any remedy provided herein or in other ordinances or laws.

o. Appeals

(1) Appeals before Housing Appeals Board . All appeals which may be taken from decisions or orders of the Inspections Director or Code Enforcement Officer pursuant to this Article shall be heard and determined by the Housing Appeals Board. As the appeals body, the Housing Appeals Board shall have the power to fix the times and places of its meetings, to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties.

(2) Appeals within 10 Days . Appeals shall be subject to the following:

A. An appeal from any decision or order of the Inspections Director or Code Enforcement Officer may be taken by any person aggrieved thereby. Any appeal from the Inspection Director or Code Enforcement Officer shall be taken within 10 days from the rendering of the decision or service of the order and shall be taken by filing with the Clerk to the Housing Appeals Board, and a copy provided to the Town Clerk, a notice of appeal

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