(A) Appeals may be taken from any of the following decisions made or action taken by the County Health Officer:
(1) Denial of an application for a permit to construct, install, alter, or repair an onsite system or privy;
(2) Failure to approve an application to have name placed on “Register for those engaged in the installation, construction, and repair of onsite systems or equipment”;
(3) Removal of name from “Register for those engaged in the installation, construction, and repair of onsite systems or equipment”;
(4) A determination that work completed, in process, or planned is in violation of any of the provisions of this chapter, or that any other violation of the provisions of this chapter exists;
(5) Order to make direct connection with a public sanitary sewerage system and to abandon an onsite system or privy under § 52.27 of this chapter; and/or
(6) Prohibition against use of an onsite system where a building site consists of less than two acres as set forth in § 52.28 of this chapter.
(B) An appeal may be filed with the County Board of Health by any person aggrieved or affected by any decision of the County Health Officer, as set forth in division (A) above. Such appeal shall be submitted in writing at the office of the County Board of Health within ten days after the applicable decision of the County Health Officer (unless the appellant obtains an extension of time, in writing, from the County Board of Health). Said appeal shall specify the adverse decision being appealed and the grounds for said appeal. The County Health Officer shall forthwith transmit to the County Board of Health all the papers in the Health Officer’s possession constituting the record of the case. The County Board of Health, upon receipt of such notice and record, shall immediately select a reasonable time and place for the hearing of the appeal and shall give notice, in writing, to the appellant of the time and place thereof. The hearing of the appeal may be continued from time to time. Following the conclusion of the hearing, the Board shall render a decision within 20 days thereafter. Any person may appeal and testify at such hearing, either in person or by counsel.
(C) The County Board of Health shall hear and decide the appeal and may overrule or modify the decision or determination of the County Health Officer if the Board determines that the County Health Officer incorrectly decided the matter. The County Board of Health shall overrule or modify the decision of the County Health Officer only if the appellant shows by clear and convincing evidence that:
(1) Strict compliance with the provisions of the chapter will impose upon such person unusual difficulties and/or hardship; and
(2) That overruling or modifying the decision of the County Health Officer:
(a) Will constitute substantial justice;
(b) Is in harmony with the general purpose, intent, and spirit of this chapter;
(c) Will not serve merely as a convenience to the appellant;
(d) Will alleviate a demonstrable hardship; and
(e) Surrounding property and the public in general will not be harmed thereby.
(D) A quorum of the County Board of Health shall be required to hear an appeal under this chapter, and a concurring vote of a majority of the members present at the hearing shall be necessary to reverse or modify any determination or decision of the County Health Officer.
(Ord. 2018-10, passed 10-2-2018)