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(A) The Stormwater Appeals Committee or its successor shall be charged with addressing appeals to violations and related matters of this chapter.
(B) In order to have an appeal considered, the applicant shall submit a written request. The Committee shall have the authority to grant appeals to violations of this chapter or overwrite decisions made by the county provided they are consistent with the objectives and policies of this chapter. The Committee does not have the authority to permit actions by the applicant that are based in lack of proper planning or implementation of site development as defined in this chapter and other measures applied to the county.
(C) The Committee will be made available to review accepted request(s) for appeals on an as-needed basis. The decisions of the Committee are final and conclusive, but may be reviewed through the appropriate court actions. The Committee shall make its findings within five business days after the appeal hearing.
(D) Upon issuance of a decision, citation or notice of violation of this chapter it shall be conclusive and final unless the accused violator submits a written notice of appeal to the county within ten days of the violation notice being served. If the county does not issue a decision within ten days of the written notice of appeal, then the violation is considered upheld. If the county does not reverse the decision, the aggrieved party may appeal to the Stormwater Appeals Committee or successor, by filing a written request for hearing within ten days of the county’s decision on the appeal. The request for hearing shall state the specific reasons why the decision of the county is alleged to be in error, and shall be accompanied by a cost bond in the amount of $500 with sufficient surety to secure the costs of the appeal, including the cost of court reporters, transcripts, plan reviews and other costs.
(Ord. 20-2004, passed 12-16-2004)