§ 66-68. Appeals stay all proceedings.

An appeal stays all proceedings in furtherance of the action appealed from, unless the code enforcement official certifies to the board after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, or because a violation is transitory in nature, a stay would seriously interfere with enforcement of this chapter. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appealing party may file with the code enforcement official a request for an expedited hearing of the appeal, and the board of adjustment shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise affirming that a proposed use of property is consistent with this chapter shall not stay the further review of an application for permits or permissions to use such property. In those situations, the appealing party may request and the board may grant a stay of a final decision of permit applications or building permits affected by the issue being appealed.

(Code 2003, § 30-80; Ord. No. 02-21, § 1(19.180), 6-20-2002; Ord. No. 15-19, § 4, 10-15-2015)

State law reference

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