(A) Appellant; appeals body. Any interested party, including the applicant may appeal any decision of the Administrator to the Board of the enforcing agency.
(B) Time for appeal; application; fee; grounds. Any appeal shall be filed with the Clerk of the Board of the enforcing agency not later than 15 days after the challenged decision. The appeal shall be made on an application form approved by the enforcing agency and accompanied by the required fee. The specific grounds for the appeal shall be stated. Omitted grounds shall not be considered and the appellant’s failure to state a ground shall constitute a waiver of the right to subsequently raise the omitted ground.
(C) Hearing; evidence. The appeal shall be a public hearing. The hearing shall commence at the next available meeting date of the Board of the enforcing agency after filing the appeal. In no event shall the hearing commence later than 60 days after the filing of the appeal. The hearing may be continued from time to time at the discretion of the Board, but in no event shall the hearing be continued for more than 60 days, unless consented to by the permittee and the appellant, if other than the permittee. The enforcing agency’s Board may act to reverse or modify the decision of the Administrator if it finds that the decision is not supported by substantial evidence in the record.
(D) Basis of decision. The Board of the enforcing agency shall state the basis for its decision. If the Board acts to reverse or modify the Administrator’s decision, it shall state the nature of the error requiring the reversal or modification.
(E) Notice of appeal. The notice of appeal also shall be given to permittee owner if the permittee is not the appellant. In all cases, a notice of appeal shall be published in a newspaper of general circulation at least ten days in advance of the commencement of the hearing.
(1966 Code, § 7C-1.90) (Ord. 664, § 1(part); Ord. 778, § 1(part))