(A) An appeal may be taken to the County Board of Health by any person, firm or corporation aggrieved or affected by any decision of the Health Officer rejecting and denying any application or permit to commence construction. Such appeal shall be taken within ten days after any such decision of the Health Officer by the applicant filing notice of appeal to the County Board of Health specifying the grounds thereof. The Health Officer shall forthwith transmit to the County Board of Health all of the papers constituting the record upon which the action appealed from was taken. The County Board of Health upon, receipt of such notice and record shall forthwith select a reasonable time and place for the hearing of the appeal and shall give notice in writing to the applicant of the time and place thereof. The hearing of the appeal may be continued from time to time, but, following the conclusion of the hearing, a decision on the appeal shall be rendered within 20 days. Any person may appeal and testify at any hearing, either in person or by counsel.
(B) The County Board of Health shall hear such appeal and may decide the same where it is alleged that there is error in any decision or determination made by the Health Officer rejecting or denying an application for a permit to commence construction and may grant or deny an exception to this subchapter insofar as the same pertains to such permit.
(C) The County Board of Health shall have the power to hear and decide such a appeal and to grant an exception to the provisions of this subchapter, to overrule and revise the decision or determination of the Health Officer appealed from and to issue a permit to commence construction when the granting of an exception and the issuance of a permit will do substantial justice; or in harmony with the general purpose, intent and spirit of this subchapter, will not serve merely as a convenience to the applicant/appellant, but will alleviate a demonstrable hardship; and at the same time, surrounding property and the public in general will not be harmed thereby and will be reasonably protected.
(D) The concurring vote of a majority of the members of the County Board of Health shall be necessary to reverse any determination or decision of the Health Officer in rejecting or denying an application for a permit to commence construction. Every such decision of the County Board of Health shall be subject to review by certiorari proceedings.
(BC Ord. 1991-3, passed 5-28-1991)