Land Development Ordinance - Amended 11-19-2024

which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Inspections Director or Code Enforcement Officer shall forthwith, in accordance with the procedures and by-laws, transmit to the Housing Appeals Board all the papers constituting the record upon which the decision appealed from was made. i. Decision in Force . When the appeal is from a decision of the Inspections Director or Code Enforcement Officer refusing to allow the person aggrieved thereby to do any act, the Inspections Director or Code Enforcement Officers decision shall remain in force until modified or reversed. ii. Suspending the Decision . When any appeal is from a decision of the Inspections Director or 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 Housing Appeals Board, unless the Inspection Director or Code Enforcement Officer certifies to the Housing Appeals Board, after the notice of appeal is filed, that by reason of the facts stated in the certificate (a copy of which shall be furnished to the appellant) a suspension of the requirement would cause imminent peril to life or property, in which 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 Inspections Director or Code Enforcement Officer, by the Housing Appeals Board, or by a court of record upon petition made pursuant to North Carolina General Statutes §160D-1208. B. Setting Housing Appeals Board Meeting . The Housing Appeals Board shall fix a reasonable time for the hearing of all appeals, shall give 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 Housing Appeals Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Inspection Director or Code Enforcement Officer, but the concurring vote of the majority of the member of the Housing Appeals Board shall be necessary to reverse or modify any decision or order of the Inspection Director or Code Enforcement Officer. The Housing Appeals Board shall have power also in passing upon appeals, in case when practical difficulties or unnecessary hardships would result from carrying out the strict letter of this Article, to adapt the application of this Article to the necessities of the case to the end that the spirit of the Article shall be observed, public safety and welfare secured, and substantial justice done.

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