§ 30-5. Appeals.  


Latest version.
  • Unless otherwise provided, any person aggrieved by an action of the director or health officer issuing or refusing any permit, suspending or revoking any permit, or any other final action imposing affirmative or negative obligations on such user under this chapter may appeal such decision to the county administrator or his designee. No notice of violation under subsection 30-3(f) of this chapter, no requirement only for information or data concerning a regulated activity, and no action of the director or health officer not imposing specific affirmative or negative obligations shall be appealable. The county administrator must receive the written appeal within 15 days of the date of the director's action, identifying the action appealed from, the relevant facts, and any information that such person requests the county administrator to consider. The county administrator or his designee may in his discretion either informally decide the appeal without a hearing or may hold a hearing at which such person may present his arguments and evidence. At any hearing held pursuant to this section 30-5, testimony taken must be under oath and recorded. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. The county administrator will affirm, modify, or rescind the action in writing within 15 days of the appeal or any hearing held hereunder. Exhaustion of the opportunity for appeal under this section 30-5 shall be a jurisdictional prerequisite for judicial review of any action of the director or health officer.

(Code 1988, § 30-5; Ord. No. O-46-05, § 1, 6-2-2005; Ord. No. O-27-14, § 3, 4-10-2014)