Land Development Ordinance - Amended 4-2-2024

petition made pursuant to North Carolina General Statutes §160D-1208 and this Section.

D. Hearing Procedures

i. Notice of Appeal . Upon the filing of any notice of appeal, the Inspector shall forthwith transmit to the Housing Appeals Board all the papers constituting the record upon which the decision appealed from was made. ii. Setting Time for the Hearing . The Housing Appeals Board shall fix a reasonable time for the hearing of all 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. iii. Action . 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 Inspector, but the concurring vote of four (4) members of the Housing Appeals Board shall be necessary to reverse or modify any decision or order of the Inspector. The Housing Appeals Board shall have power also in passing upon appeals in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Article, to adopt the application of the Article to the necessities of the case to the end that the spirit of the Article shall be observed, public safety and general welfare secured, and substantial justice done. E. Review of Decision . Every decision of the Housing Appeals Board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise. (2) Petition to Superior Court by Owner(s). Any person aggrieved by an order issued by the Inspector or a decision rendered by the Housing Appeals Board shall have the right, within 30 days after issuance of the order or rendering of the decision, to petition the superior court for a temporary injunction restraining the Inspector pending a final disposition of the cause, as provided by North Carolina General Statutes §160D-1208.

u. Violations & Penalties

Made with FlippingBook interactive PDF creator