A person receiving a notice of violation or a partial or full denial of a request for regulation variance may appeal as follows:
(a) Appeal of Notice of Violation.
(1) The person who receives the notice of violation may appeal the notice of violation by filing the appeal in writing with the Director on a form provided by the Department within seven days of the date of the notice of violation. The appeal must state specifically the basis of the appeal and supply any relevant material.
(2) The Director shall issue a written determination of the appeal within thirty days of the date the completed appeal form is filed with the Department. The Director may affirm the notice of violation or may modify the notice of violation in whole or in part. The Determination shall set forth the reasons for the determination. The Director's determination is final.
(3) Except for cases in which the violation is an imminent threat to the health, safety, and/or welfare of the public, the filing of an appeal under this section tolls the running of the period given under the notice of violation to take corrective action.
(4) Failure to comply with the determination of the Director will result in one or more of the enforcement actions available under this chapter or otherwise under law being pursued by the Department.
(b) Appeal of Determination of Request for Regulation Variance. A person whose request for regulation variance was denied in whole or in part may appeal the denial to the Calhoun County Circuit Court.
(c) Appeal of Determination of Time-of-Travel Zone Application to Property. An owner or lessee of property who is aggrieved by a determination of which time-of-travel zone applies may appeal the determination to the Calhoun County Circuit Court.
(Ord. 12-2. Passed 6-19-12.)