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AG19820201
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AG19820201
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Last modified
3/28/2003 9:14:56 AM
Creation date
11/27/2017 12:14:31 PM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/1/1982
Board
Board of Commissioners
Meeting Type
Regular
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from a decision of the Inspecto~ requiring the person <br /> aggrieved to do any acc, the appeal shall have the <br /> effect of suspending the requirement until the hear- <br /> ing by the Board, unless the Inspector certifies to <br /> the Board, after the notice of appeal is filed with <br /> him, that by reason of the facts stated in the cer- <br /> tificate (a copy of which shall be furnished the person <br /> who is appealing), a suspension of his requirement would <br /> cause imminent peril to life or property, in which case <br /> the requirement shall not be suspended except for due <br /> cause shown upon not less than one (1) day wri'tten <br /> notice to the Inspector, by the Board, or ~y a court <br /> of record upon petition made pursuant to G.S. 160A- <br /> 446(~) and s~bsection (e) of this Section. <br /> <br /> The Board shall fix a reasonable time for the hearing <br /> of all appeals, shall give due notice to all the parties, <br /> and shall render its decision within a reasonable time. <br /> Any party may appear in person or by agent or attorney. <br /> The Board may reverse or affirm, wholly or partly, or <br /> may modify the decision or order appealed from, and <br /> may make such dicision and order as in its opinion <br /> ought to be made in the matter, and to that end it <br /> shall have all the powers of the Inspector, but the <br /> concurring vote'of four (4) members of the Board shall <br /> be necessary to reverse or modify any decision or order <br /> of the Inspector. The Board shall have power also in <br /> passing upon appeals, in the case where there are prac- <br /> tical diffuculties or unnecessary hardships in a way of <br /> tarring out the strict letter of the ordinance, to adapt <br /> the application of the ordinance to the necessities of <br /> the case to'the end that the spirit of the ordinance <br /> shall be observed, public safety and welfare secured, <br /> and substantial justice done. <br /> <br /> Every decision of the Board shall be subject to review <br /> by proceedings in the nature of certiorari instituted <br /> within fifteen (15) days of the decision of the Board, <br /> but not otherwise. <br /> <br />(e) Petition to Superior Court bv Owner. Any person <br /> ~-d--by an ~ e~ i-s~ inspector or a <br /> decision rendered by the Board shall have the right~ <br /> within thirty (30) days after issuance of the order <br /> or rendering of the decision, to petition the superior <br /> court for a temporary injunction restraining Inspector <br /> pending a final disposition of the cause, as provided <br /> by G.S. 160A-446(f). <br /> <br /> <br />
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