Any person receiving a notice of violation may appeal the determination of the Division. The written notice of appeal must be received within ten business days from the date of the notice of violation, and must state the grounds for the appeal. The hearing shall be held before the County Board, or a hearing examiner appointed by the County Board by resolution. The hearing examiner shall conduct an evidentiary hearing; and shall make and submit findings of fact, conclusions and recommendations to the County Board in a written report. The County Board may adopt, modify or reject a portion of or all of the written report, provided the County Board does not act unreasonably, arbitrarily, or capriciously. The appellant may send a written request for an extension of time to the Chair of the County Board. Unless the County Board grants said request for an extension, the hearing will be held no later than 45 calendar days after the date of service of request for a hearing, exclusive of the date of such service. In any event, such hearing shall be held no later than 90 calendar days after the date of service of request for hearing, exclusive of the date of such service. The decision of the County Board following the hearing shall be final. Any appellant aggrieved by the decision of the County Board may appeal that decision to any court with appropriate jurisdiction. This division does not apply to violations of other federal or state laws, or to incidents in which a hazardous material was spilled, released, or discharged.
(Ord. 92-2019, passed 4-16-19)