48-11. Means of Appeal
- Right of Appeal. Any person directly affected by a decision of the Code official shall have the right to appeal by filing a written request with the Henderson County Board of Adjustment for an administrative hearing within 20 calendar days after the decision, notice or order was served. In the event of an unknown or absent property owner, the appeal must be requested within 20 calendar days of the day of posting of the notice under Section 48-7.
- Hearing. If any owner or occupant makes a written request to the Board of Adjustment for hearing, such hearing shall be held in a quasi-judicial procedure before the Board of Adjustment. A 4/5 vote of the Board is required to overturn the decision of a Code official.
- Schedule. The hearing shall be held at the next available meeting after the request for a hearing was received.
- Notice. The Department shall mail a notice to the appealing party of the time and place of the hearing at least ten calendar days prior to the hearing.
- Witnesses and Evidence. All parties shall have full opportunity to respond to and present evidence and witnesses.
- Standard of Proof. The appellant shall have the burden of proving its position by clear and convincing evidence.
- Rules of Evidence. Hearings shall be informal and the rules of evidence as applied in the courts shall not apply. Irrelevant, immaterial and repetitious evidence shall be excluded.
- Record of Hearing. The hearing shall be recorded and the minutes of the meeting shall be approved by the Board of Adjustment at their next scheduled meeting.
- Notice of Decision. The written decision of the Board of Adjustment shall be issued within 45 calendar days following the hearing. Unless otherwise provided by law, the decision of the Board of Adjustment shall constitute the final decision.
- Further Appellate Rights. Any party aggrieved by a final decision is entitled to judicial review of the decision. A petition for a writ of certiorari by the party must be filed with the Court of Appeals not more than 30 calendar days after the party receives the written decision from the Board of Adjustment.
