A. In addition to the general penalties set forth in this code, applicants who fail to satisfy the diversion requirement established in this chapter are subject to a penalty in the amount of five hundred dollars ($500.00) for each one-half percentage (1/2%) point of difference between the amount of C&D debris required to be diverted and the amount actually diverted. Such penalty may be amended from time to time in the annual fee schedule.
B. Any person aggrieved by any decision by the director under the provisions of this chapter or to granting or denying an application for an exception from compliance with this chapter may appeal the decision to the board of trustees of the village.
C. An appeal shall be commenced within thirty five (35) days of the date of the receipt of notice of the decision appealed from. Appeals not commenced within such time shall be deemed waived.
D. An appeal under this section shall be commenced by filing with the village clerk a notice of appeal, specifying the grounds thereof. The village clerk shall forthwith transmit to the board of trustees all of the papers constituting the records upon which the decision from which appeal has been taken was made. The notice of appeal and the appeal shall be filed in such number of copies, be in such form and contain such information as the board of trustees may provide from time to time by general rule.
E. The board of trustees shall select a reasonable time and place for a public hearing on the appeal, shall give due notice thereof to the parties having a known interest therein and shall render a written decision without unreasonable delay. Upon the concurring vote of a majority of its members then holding office, the board of trustees may reverse or affirm, in whole or in part, or may modify, the decision from which the appeal was taken, and to that end the board shall have all the powers of the director with respect to such decision. (Ord. 14-04-09, 4-16-2014)