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94 <br /> appealed fFemwas taken. An appeal stays all pt:eeeedifigs in fitt4hetunee of t4e aetion appea <br /> aftet: fietiee of appeal has been filed w44 him, t4at beeattse of faets stated ifl the eel4ifieat <br /> t e appeal is-taken. <br /> Appeals. - The board of adjustment shall hear and decide meals decisions of <br /> administrative officials charged with enforcement of the zoning or unified development <br /> ordinance and may hear meals arising out of any other ordinance that regulates land use or <br /> development,pursuant to all of the following_ <br /> Any person who has standing under G.S. 160A-393(d) or the city may <br /> appeal a decision to the board of adjustment. An meal is taken by filing a <br /> notice of meal with the city clerk. The notice of meal shall state the <br /> grounds for the meal. <br /> The official who made the decision shall give written notice to the owner of <br /> the property that is the subject of the decision and to the party who sought <br /> the decision, if different from the owner. The written notice shall be <br /> delivered by personal delivery, electronic mail, or by first-class mail. <br /> The owner or other party shall have 30 days from receipt of the written <br /> notice within which to file an meal. Any other person with standing to <br /> appeal shall have 30 days from receipt from any source of actual or <br /> constructive notice of the decision within which to file an meal. <br /> It shall be conclusively presumed that all persons with standing to meal <br /> have constructive notice of the decision from the date a sign containing the <br /> words "Zoning Decision" or "Subdivision Decision" in letters at least six <br /> inches high and identifying the means to contact an official for information <br /> about the decision is prominently-posted on the property that is the subject of <br /> the decision, provided the sign remains on the property for at least 10 days. <br /> Posting of signs is not the only form of constructive notice. Any such <br /> posting shall be the responsibility of the landowner or aplicant. Verification <br /> of the posting shall be provided to the official who made the decision. <br /> Absent an ordinance provision to the contrary, posting of signs shall not be <br /> required. <br /> The official who made the decision shall transmit to the board all documents <br /> and exhibits constituting the record upon which the action apealed from is <br /> taken. The official shall also provide a copy of the record to the apellant <br /> and to the owner of the property that is the subject of the meal if the <br /> appellant is not the owner. <br /> An meal of a notice of violation or other enforcement order stays <br /> enforcement of the action apealed from unless the official who made the <br /> decision certifies to the board of adjustment after notice of meal has been <br /> filed that because of the facts stated in an affidavit, a stay would cause <br /> imminent peril to life or property or because the violation is transitory in <br /> nature, a stay would seriously interfere with enforcement of the ordinance. <br /> In that case, enforcement proceedings shall not be stayed except by a <br /> restraining order, which may be granted by a court. If enforcement <br /> proceedings are not stayed, the apellant may file with the official a request <br /> for an expedited hearing of the meal, and the board of adjustment shall <br /> Page 2 Session Law 2013-126 SL201 `� �' <br />