Loading...
Upon disapproval of the plans, the BAR shall state its reasons for doing so and transmit a dated record of such action and reasons in writing to the applicant. In addition to stating the reasons for denial, the BAR may also make general or specific recommendations in order for the application to be approved. The applicant may then make modifications to the plans and resubmit the application. After receiving denial of a COA, any applicant has the right to appeal the BAR's decision as provided herein.
(A) Forms of Appeal.
(1) Appeals from administrative decisions regarding an issue under BAR's purview shall be appealed to the BAR. Certificates of hardship shall be filed on forms approved by the BAR provided by the Code Enforcement Director. The BAR may require additional information if deemed necessary to make a determination. The failure to submit adequate information may be grounds for dismissal. An application filed by an agent shall be accompanied by written designation of the agent signed by the applicant or party in interest.
(2) Appeals from BAR decisions shall follow procedures outlined in S.C. Code § 6-29-900.
(B) Time of Appeal.
An appeal from a BAR decision must be filed within fifteen (15) days after the recorded date of notice of the decision. The appeal must be filed with the Code Enforcement Director who shall then notify the Chairman of the BAR.
(C) Calendar.
The Code Enforcement Director shall mark the date of receipt of appeals and applications for variances and place them on the hearing calendar in the order in which received. Appeals shall be heard in the order on the calendar unless otherwise set by the BAR for good cause shown.
(D) Withdrawal of Appeal.
Any appeal or application may be withdrawn by written notice filed with the Code Enforcement Director prior to the action of the BAR. An appeal that is withdrawn may not be refiled after the fifteen (15) day time for appeal has expired. Withdrawn applications for variances may be refiled after six (6) months and shall be placed on the calendar according to the date refiled.
(E) Continuances.
The Code Enforcement Director shall publish the hearing of the BAR in a local newspaper and post on or adjacent to the property affected at least fifteen (15) days prior to the hearing. The notice shall contain a description of each matter to be heard and identify the applicant and property affected.
(A) Appearances.
The applicant or any party in interest may appeal in person or by agent or attorney. The BAR may postpone or proceed to dispose of the matter on the records before it in the absence of an appearance on behalf of an applicant.
(B) Witness.
Parties in interest may present testimony under oath. Witnesses may be compelled to attend by subpoena requested at least ten (10) days prior to a hearing and signed by the chairman. The BAR may call its own witness when deemed appropriate.
(C) Cross-Examination.
No party shall have the right to cross-examine witnesses; however, the opportunity to examine opposing witnesses may be freely extended when conducted in an orderly manner. Intimidation of witnesses will not be allowed.
(D) Evidence.
Relevant documents, photographs, maps, plans, drawings, etc. will be received in the record without authentication in the form of legible copies. Relevant testimony that is not cumulative or hearsay will be received. The Chairman will rule on all evidentiary matters. Evidence may be placed in the record with an objection noted.
(E) Conduct of Hearing.
Conduct of Hearing: The normal order of hearing, subject to modification by the Chairman, shall be:
(1) Statement of matter to be heard ( Chairman or secretary).
(2) Presentation by applicant (five (5) minute limit).
(3) Presentation by official appealed (five (5) minute limit).
(4) Presentation by opponents (five (5) minute limit).
(5) Rebuttal by applicant (three (3) minute limit).
(6) Un-sworn public comment when appropriate.
(7) The BAR may question participants at any point in the hearing.
(8) Matters in which additional time is granted may be moved to the end of the agenda.
(F) Disposition.
The BAR may deliberate and make a final disposition of the matter by majority vote of the members present at the hearing and qualified to vote; provided that not less than a quorum are qualified to vote. The vote may be taken at the same or subsequent meeting. A member may not vote on a matter the member has not heard. Deliberations shall be conducted and votes taken in public.
(G) Form of Order.
Any order issued disposing of a matter by granting or denying relief with such conditions as may be deemed necessary; or affirming, modifying, or reversing an administrative decision. A matter may be dismissed for lack of jurisdiction or prosecution. Findings of fact and conclusions of law shall be separately stated in an order.
(H) Service of Order.
The Code Enforcement Director shall deliver a copy of an order to each party in interest by certified mail immediately upon execution of the order by the Chairman.
(I) Rehearing.
The BAR may grant a rehearing of an applicant which has been dismissed or denied upon written request filed with the Code Enforcement Director within fifteen (15) days after delivery or the order accompanied by new evidence which could not reasonably have been presented at the hearing, or evidence of a clerical error or mutual mistake of fact affecting the outcome.
A person who may have a substantial interest in any decision of the BAR or any officer, or agent of the appropriate governing authority may appeal from any decision of the BAR to the circuit court in and for the county by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty (30) days after the affected party receives actual notice of the decision of the BAR.
In case of contempt by a party, witness, or other person before the BAR, the BAR may certify the fact to the circuit court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.
(A) Upon filing of the appeal, the clerk of the circuit court shall give immediate notice of it to the Code Enforcement Director and within thirty (30) days from the time of the notice the BAR shall file with the clerk a duly certified copy of the proceedings, including a transcript of the evidence heard before it, if any, and the decision of the BAR including its findings of fact and conclusions.
(B) The filing of an appeal in the circuit court from any decision of the BAR does not ipso facto act as a supersedeas, but the judge of the circuit court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper.
At the next term of the circuit court or in chambers upon ten (10) days notice to the parties, the resident presiding judge of the circuit court of the county shall proceed to hear and pass upon the appeal on the certified record of the BAR proceedings. The findings of fact by the BAR are final and conclusive on the hearing of the appeal, and the court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review, the matter must be remanded to the BAR for rehearing. In determining the questions presented by the appeal, the court shall determine only whether the decision of the BAR is correct as a matter of law. In the event that the decision of the BAR is reversed by the circuit court, the BAR must be charged with the costs and the governing authority that established the BAR must pay them.
Loading...