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 Salisbury
 Code of Ordinances
 Chapter 10. HOUSING
 Article III. ENFORCEMENT

  § 10-54. Appeals.  

Latest version.

  • (a)

    Procedure.

    (1)

    An appeal from any decision or order of the inspector may be taken by any person aggrieved thereby or by any officer, board or commission of the city. Any appeal from the inspector shall be taken within ten (10) days from the rendering of the decision or service of the order, and shall be taken by filing with the inspector and with the zoning board of adjustment a notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the inspector shall forthwith transmit to the board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the inspector refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When any appeal is from a decision of the inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the board, unless the inspector certifies to the board, after the notice of appeal is filed with him, that, by reason of the facts stated in the certificate, a copy of which shall be furnished the appellant, a suspension of his requirement would cause imminent peril to life or property, in which 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 (1) day's written notice to the inspector, by the board, or by a court of record upon petition made pursuant to G.S. 160A-446(f) and section 10-53.

    (2)

    The 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. The board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make any decision and order that 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 board shall be necessary to reverse or modify any decision or order of the inspector. The board shall have power also in passing upon appeals, when practical difficulties or unnecessary hardships would result from carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.

    (3)

    If a structure located within a historic district or other area of the city has historical significance as defined in section 10-52(d), the board may grant additional time for the purpose of bringing the property into full compliance as follows:

    a.

    If, at the end of the time granted by the inspector in accordance with section 10-52(d), active efforts are being made to complete the work and at least fifty (50) percent of the work is completed, the commission can grant up to twelve (12) months additional time.

    b.

    Progress reports will be made to the board within the time period prescribed by the board. Failure of the property owner to make these reports or to complete the work according to the schedule set by the board will constitute a violation of this special provision, and all other provisions of the housing code shall apply.

    (4)

    Every decision of the board shall be subject to review by proceedings in the nature of certiorari instituted within fifteen (15) days of the decision of the board, but not otherwise.

    (b)

    Powers and duties of zoning board of adjustment. All appeals which may be taken from decisions or orders of the inspector pursuant to subsection (a) of this section shall be heard and determined by the zoning board of adjustment. As the appeals body, the board shall have power to fix the times and places of its meetings and to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties. The board shall perform the duties prescribed by subsection (a) of this section and shall keep an accurate journal of all its proceedings.

(Code 1977, §§ 12-24, 12-30; Ord. No. 2000-80, § 9, 10-3-00)

Cross reference

Zoning, App. B; flood damage prevention, App. C; zoning board of adjustment, App. B, Art. XIII.