§ 52-9. Appeals.
Right of appeal. When a public nuisance is declared, an owner and/or occupant of the
affected property may appeal the declaration, including an order for abatement or
remediation from the Department, by filing a written request with the Henderson County
Zoning Board of Adjustment for an administrative hearing within 10 calendar days of the
date of service under §52-7A. In the event of an unknown or absent property owner, the
appeal must be requested within 10 calendar days of the day of posting of the notice
Hearing. If any owner or occupant makes a written request to the Zoning Board of
Adjustment for hearing, such hearing shall be held before the Zoning Board of
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 10 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 Zoning Board of Adjustment at their next scheduled meeting.
Notice of decision. The decision of the Zoning Board of Adjustment shall be issued
within 10 calendar days following the hearing. Unless otherwise provided by law, the
decision of the Zoning 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 final
decision from the County Zoning Board of Adjustment.