ARTICLE XV-AA
SAN DIEGO COUNTY EYE GNAT ABATEMENT APPEALS BOARD*
SAN DIEGO COUNTY EYE GNAT ABATEMENT APPEALS BOARD*
*Note--Article XV-AA, San Diego County Eye Gnat Abatement Appeals Board, added by Ord. No. 10241 (N.S.), effective 1-4-13.
Cross reference(s)--Definitions, § 20 et seq.; general rules, § 50 et seq.
There is hereby created and established the San Diego County Eye Gnat Abatement Appeals Board ("EGAAB" or "Board"). This Board is established to hear administrative appeals and petitions filed pursuant to Chapter 4 of Division 4 of Title 6 of the County Code.
(Added by Ord. No. 10241 (N.S.), effective 1-4-13)
The EGAAB shall be composed of two persons who are owners or operators of a commercial organic farm, one person who is a California licensed pest control advisor and not associated with the County of San Diego, Department of Environmental Health and Quality or Agriculture, Weights and Measures, or any commercial organic farm, and two persons who are representatives of the community at large, not associated with any commercial organic farm, one of whom is a business owner. Appointees to the EGAAB may concurrently serve on the Fly Abatement Appeals Board if appointed to do so.
When necessary due to a vacancy or recusal with business pending, the EGAAB may be composed of two of the persons described above plus one alternate member. The alternate shall be an available County Hearing Officer appointed pursuant to Section 650 et seq. of the County Administrative Code, selected for the pending EGAAB matter by the Clerk of Board.
Members shall be nominated by the following for appointment by the Board of Supervisors:
(1) First community at large member (for an initial two year term), by the Supervisor, District 2. For subsequent vacancies, any Supervisor from a district that has recently generated a substantial number of eye gnat complaints may also make a nomination for this position.
(2) Second community at large member (for an initial three year term) by the Supervisor, District 5. For subsequent vacancies, any Supervisor from a district that has recently generated a substantial number of eye gnat complaints may also make a nomination for this position.
(3) First owner or operator of an organic farm (for an initial four year term), by the Supervisor, District 3.
(4) Second owner or operator of an organic farm (for an initial three year term) by the Supervisor, District 4.
(5) California licensed pest control advisor (for an initial two year term) by the Supervisor, District 1.
(Added by Ord. No. 10241 (N.S.), effective 1-4-13; amended by Ord. No. 10411 (N.S.), effective 2-26-16; amended by Ord. No. 10708 (N.S.), effective 1-15-21; amended by Ord. No. 10821 (N.S.), effective 1-13-23)
Initial appointments to create the EGAAB shall have staggered terms of two to four years as set out in section 235.1. All subsequent appointments shall be for a term of three calendar years. Members shall be eligible for reappointment.
(Added by Ord. No. 10241 (N.S.), effective 1-4-13)
A vacancy shall occur on the happening of any of the following events before the expiration of the term:
(1) The death of the incumbent.
(2) The resignation of the incumbent.
(3) Voluntary recusal of an incumbent from a matter based on a conflict of interest.
(4) Absence from any proceeding where a quorum could not be established.
(5) Or for any reason specified in Government Code Section 1770.
When a vacancy occurs as the result of recusal or absence both the member and the nominating authority shall be notified by the Director of the Department of Environmental Health and Quality. Vacancies shall be filled in the same manner as the initial appointment when a vacancy occurs. If a vacancy occurs, a new appointee shall serve for the unexpired term of the member being replaced.
(Added by Ord. No. 10241 (N.S.), effective 1-4-13; amended by Ord. No. 10708 (N.S.), effective 1-15-21)
(a) The EGAAB shall choose a presiding officer for each appeal hearing or petition proceeding that it conducts.
(b) Rules. The Board shall conduct hearings and respond to petitions as set forth in the County Code.
(c) Quorum. Three members of the EGAAB, including at least one farmer and one community representative, shall constitute a quorum. An action by the EGAAB requires a quorum to be present and except as set for in the County Code for the consideration of petitions, at least three concurring votes.
(d) Minutes. The Board shall keep written minutes of its meetings, a copy of which shall be filed with the Clerk of the Board of Supervisors.
(e) Meetings. The Board shall give public notice of the time and place of meetings in compliance with the requirements of the Ralph M. Brown Act. All meetings of the Board shall be open and public and all persons shall be permitted to attend any meetings of the Board.
(Added by Ord. No. 10241 (N.S.), effective 1-4-13)
The Board shall have the following duties and responsibilities:
(1) To hear administrative appeals filed pursuant to Chapter 4 of Division 4 of Title 6 of the County Code.
(2) To respond to petitions for advisory opinions as set out in Chapter 4 of Division 4 of Title 6 of the County Code.
(Added by Ord. No. 10241 (N.S.), effective 1-4-13)
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