§ 50-227. Appeal of administrative decision.  

Latest version.
  • (a)

    After having complied with 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; however, such appeal must be filed within ten days from the date of the decision being appealed. Upon failure to file such appeal within ten days of the decision being appealed, the decision shall be binding and final upon all parties.


    A notice of appeal shall address the reasons why the terms and provisions of this article should be waived.


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


    The board of commissioners, having received the report of the issuing authority under this section, 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 that there is an 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 county zoning laws, subdivision regulations, or any other regulation or ordinance.


    A written copy of the findings and decision of the board of commissioners on an appeal under this section shall be transmitted to the applicant and to the issuing authority.


    An applicant aggrieved by the decision of the board of commissioners on an appeal under this section shall have the right to appeal to the superior court of the county by writ of certiorari.

(Ord. of 9-27-88; Code 1977, § 3-24.5-33)