Land Development Ordinance - Amended 6-3-2024

t.

Appeals of Complaints & Orders

An appeal or notice of appeal from any decision or order of the Inspector may be taken by any person(s) aggrieved thereby. Any appeal from the Inspector shall be taken in writing within 10 days from the rendering of the decision or service of the order, unless otherwise provided herein or by North Carolina General Statutes.

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Housing Appeals Board

A. Establishment. The Town Board may provide for the creation and organization of a Housing Appeals Board, pursuant to North Carolina General Statutes §160D-305, to which appeals may be taken from any decision, complaint or order of the Inspector. The Town of Fuquay-Varina Board of Adjustment shall serve as the Housing Appeals Board, pursuant to the same. B. Powers & Duties. As the appeals body, the Housing Appeals Board shall have 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. The Housing Appeals Board shall perform the duties prescribed by herein, and shall keep an accurate record of all its proceedings. C. Filing of Notice of Appeal & Associated Action. An appeal from any decision or order of the Inspector shall be taken by filing, with the Inspector and forwarded to the Housing Appeals Board, a notice of appeal which shall specific the grounds upon which the appeal is based. i. Decision of Inspector . When an appeal is from a decision of the Inspector refusing to allow the person(s) aggrieved thereby to do any act, such decision shall remain in force until modified or reversed. ii. Suspending the Requirement . When any appeal is from a decision of the Inspector requiring the person(s) 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 Inspector certifies to the Housing Appeals Board, after the notice of appeal is filed, that by reason of facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of such requirement would cause imminent peril to life or property. In such a 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 (l) day's written notice to the Inspector, by the Housing Appeals Board, or by a court of record upon

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