§ 66-67. Appeals from decisions of the code enforcement officer.

(a)

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. 160A-393(d) 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.

(b)

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.

(c)

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.

(d)

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.

(e)

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.

(Code 2003, § 30-79; Ord. No. 02-21, § 1(19.179), 6-20-2002; Ord. No. 08-01, § 1, 1-17-2008; Ord. No. 15-19, § 3, 10-15-2015)

State law reference

Compliance with provisions, G.S. 160A-388.