§ 50-79. Appeal of administrative decision.

(a)

After having complied with the application requirements of the issuing authority, should the applicant dispute a decision of the issuing authority, the applicant may appeal to the board of commissioners by filing a notice of appeal with the issuing authority.

(b)

The notice of appeal shall address the reasons why the applicant's request, if granted, would not impair the quality, vitality or stability of the area affected by the application and would not destroy more than minimum amount of natural ground surface, vegetation or cover within such area.

(c)

The issuing authority shall review the notice of appeal and transmit to the board of commissioners a written report of its findings and recommendations, which shall become a part of the official record.

(d)

The board of commissioners, having received the report of issuing authority, making it a part of the official record, and having considered the written and oral statements of the applicant, and any other evidence, is authorized to hear and shall hear and decide appeals where it is alleged there is any error in any order, requirement, decision or determination made by the issuing authority in the administration or enforcement of this article, the decision of the board of commissioners shall not result in a violation or circumvention of any applicable condition of zoning, provision of the county zoning laws, subdivision regulations or any other regulation or ordinance.

(e)

A written copy of the findings and decision of the board of commissioners shall be transmitted to the applicant, and to the director of the issuing authority.

(f)

An applicant aggrieved by a decision of the board of commissioners pursuant to this article shall have the right of appeals to the superior court of the county by writ of certiorari.

(Ord. of 3-27-90; Code 1977, § 3-6-114; Ord. of 11-14-95)

State law reference

Stop work orders, O.C.G.A. § 12-7-14.