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AG19811221
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AG19811221
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Last modified
3/28/2003 9:13:25 AM
Creation date
11/27/2017 12:16:01 PM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
12/21/1981
Board
Board of Commissioners
Meeting Type
Regular
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from' a decisfon of the Inspector requiring the person <br /> aggrieved to do any act, the appeal shall have the <br /> effect of suspending the requiremenn until the hear- <br /> ing by the Board, unless the Inspector certifies to <br /> the B~ard, 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 nhe person <br /> who is appealing), a suspension of his requirement would <br /> cause imminent peril to life or property, in which case <br /> the requmrement shall non be suspended e×cep[ for due <br /> cause sho~ upon not less than one (1) day wri[nen <br /> notice co the Inspecnor, by the Board, or Dv a cour5 <br /> of record upon petition made pursuant to G.~. 160A- <br /> 446(f) and subsection (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 winhin a reasonable t~me <br /> Any parny may appear in person or by agent or attorney <br /> The Board may reverse or affi~nn, 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 vone 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 ~he case ~vhere nhere are prac- <br /> tical diffuculties or unnecessary hardships ~n a wa5, of <br /> carring oun the strict letter of the ordinance, to adapt <br /> the app!iaation of nhe 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 subjec[ to review <br /> by proceedings in the nature of certiorari insnituted <br /> within fifteen (15) days of the decision of the Board <br /> but non onherwise <br /> <br />(e) Petition no Superior Court by Owner. Any person <br /> ~g~ieved by an order issue--d--D~iT--~ Insuector or a <br /> decision rendered by the Board shall have the rigat, <br /> winhin thirty (30) days after issuance of the order <br /> or rendering of the decision, to petition the superior <br /> cour~ for a temporary in3unction restraining Inspector <br /> pending ~ final disposition of the cause as provided <br /> bv G.S. !60A-446(f). <br /> <br /> <br />
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