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(a) After approval, denial, suspension or revocation of a permit, any affected person may appeal the decision to the Board of Supervisors in writing within ten days after the written decision.
(b) Consideration of an appeal of the decision shall be conducted pursuant to Chapter 86.08 of this Title, and which hearing shall occur within 45 days of the filing or initiation of the appeal.
(c) Upon the conclusion of the de novo public hearing, the Board of Supervisors shall grant or deny the appeal. The Board of Supervisors’ decision shall be final and conclusive and shall be rendered in writing within four County business days of the hearing, such written decision to be mailed to the party appealing the decision.
(d) In reaching its decision, the Board of Supervisors shall not be bound by the formal rules of evidence.
(e) Notwithstanding any provisions in this Section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this Section or may request a continuance regarding any decision or consideration by the County of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the County or constitute failure by the County to provide for prompt decisions on applications.
(f) Failure of the Board of Supervisors to render a decision to grant or deny an appeal of a permit denial within the time frames established by this Section shall be deemed to constitute an approval of the Adult Business Regulatory Permit.
(g) The time for a court challenge to a decision of the hearing officer is governed by Code of Civil Procedure § 1094.8.
(h) Notice of the Board of Supervisors’ decision and its findings shall include citation to Code of Civil Procedure § 1094.8.
(i) Any applicant or permittee whose permit has been denied pursuant to this Section shall be afforded prompt judicial review of that decision as provided by Code of Civil Procedure § 1094.8.
(Ord. 4239, passed - -2014)