Sec. 10.2.11. Appeal of an Administrative Decision

Image

1. Applicability
   Any person with standing under N.C. Gen. Stat. § 160D-1402(c), or the City of Raleigh, may file an appeal of any decision, order, requirement or determination relating to the interpretation, compliance or application of this UDO made by an administrative official charged with the administration and enforcement of these provisions of the UDO. All appeals shall be filed in accordance with the provisions of this section.
2. Reviewing Body
   Appeals of an administrative decision are heard by the Board of Adjustment except for Minor Work Certificates of Appropriateness, which are heard by the Raleigh Historic Development Commission.
3. Stay of Proceedings
   An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from unless the official who made the decision certifies to the Board of Adjustment after notice of appeal has been filed that because of the facts stated in an affidavit, 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 ordinance. 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 appellant may file with the 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 the ordinance shall not stay the further review of an application for permits or permissions to use such property; in these situations, the appellant 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.
4. Notice of Decision and Filing An Appeal
   1. The official who made the decision shall give written notice of the 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.
   2. The owner or other party shall have 30 days from receipt of the written notice within which to file an appeal. 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.
   3. An appeal is taken by filing a notice of appeal along with an appeal application stating the grounds for appeal and containing all other required information with the City Clerk.
   4. The Department of City Planning shall provide the notices required in Sec. 10.2.1.C.
5. Hearing and Board Action
   1. The 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. The official shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.
   2. Within 90 days after a completed application of an appeal of an administrative decision is filed, the reviewing body shall hold a quasi-judicial public hearing as set forth in Sec. 10.2.1.D.1. and provide notice of the decision as required in Sec. 10.2.1.C.6.
   3. The official who made the decision shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. If any party or the city would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board shall continue the hearing.
   4. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The Board shall have all the powers of the official who made the decision.
6. Appeals from the Board of Adjustment are to Wake County Superior Court pursuant to N.C. Gen. Stat. § 160D-1402.