Nuisance Appeals Process
Sec. 34-54. - Appeal.
- At any time before the expiration of the 15-day abatement period specified in section 34-55(b), the respondent may request a hearing before the town manager to appeal the finding that a public nuisance as defined in section 34-50 exists on the respondent's property. Upon completion of the hearing, the town manager shall consider the evidence before him and shall either revoke the initial order, issue a final order which differs from the initial order, or reinstate the initial order as a final abatement order.
- Any request for a hearing pursuant to this section must be in writing and must be filed in the office of the town manager. The town manager shall fix a time for the hearing, and the initial abatement order shall be suspended pending such hearing. The hearing must be held by the town manager within 31 calendar days following receipt of the request for hearing by the office of the town manager. At the hearing, the respondent shall be given the opportunity to present evidence to refute the findings which supported the abatement order or the removal of the nuisance condition.
Zoning, Minimum Housing, and Other Code Enforcement Appeals
Sec. 66-67. - Appeals from decisions of the code enforcement officer.
- An appeal from a decision of the code enforcement official may be taken to the board of adjustment by any person who has standing under G.S. 160D-1402 or the town may appeal a decision to the board of adjustment. An appeal is taken by filing a notice of appeal with the town clerk. The notice of appeal shall state the grounds for the appeal.
- The code enforcement official who made the decision from which the appeal may be taken shall give written notice of his decision to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail or by first-class mail.
- The owner or other party shall have 30 days from receipt of the written notice within which to file an appeal to the board of adjustment. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the decision within which to file an appeal.
- It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the decision from the date a sign containing the words "Zoning Decision" or "Subdivision Decision" in letters at least six inches high and identifying the means to contact a town official for information about the decision is prominently posted on the property that is the subject of the decision, provided the sign remains on the property for at least ten days. Any such posting shall be the responsibility of the land owner or applicant. Verification of the posting shall be provided to the code enforcement official who made the decision. Provided, however, that posting of such signs is permissive and shall not be required under the terms of the ordinance from which this section derives.
- The code enforcement official who made the decision shall transmit to the board all documents and exhibits constituting the record upon which the action appealed from is taken. Such official shall also provide a copy of the record to the appealing party and to the owner of the property that is the subject of the appeal if such owner is not the appealing party.
Appeals Frequently Asked Questions:
- For nuisance cases you have 15 days from the date listed on the notice
- For all other appeals the owner of a party with standing has 30 days from the date listed on the notice
A party with standing includes an individual with an ownership interest in the subject property, the applicant for a permit or recipient of a notice of violation (if different from the owner), the local government, any person who will suffer special damages from the decision, and certain associations that have members who will suffer special damages.
Once an appeal is filed, all enforcement actions and civil penalties are placed on hold until an appeals decision is made, unless the code enforcement officer certifies that “a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation,” then enforcement is only stayed by a restraining order (G.S. 160D-405(f)).
Yes. The appeals process before the board of adjustment is quasi-judicial in nature, meaning you will have the opportunity to present evidence, call witnesses, etc. You will also be allowed to present any evidence to refute the decision of the code enforcement officer during nuisance hearings with the Town manager.