(A) The Board of County Commissioners (Board) finds that the enforcement of this code, the adopted rules and regulations and applicable state statutes altogether referred to herein as “code”) is an essential public function. Code enforcement is vital to the protection of the public’s health, safety and quality of life. The Board therefore recognizes that enforcement starts with the drafting of precise regulations that can be effectively applied in administrative code enforcement hearings, judicial proceedings, land use decisions, administrative processes affording a hearing and personnel decisions. The Board finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain compliance with these regulations. Failure to comply with an administrative code enforcement order may require the county to file a criminal or civil action to gain compliance. For specified county action, or a decision made by a county official, as more particularly defined and designated in published county ordinances or policies, in which an adverse administrative decision by the county results in detriment to a person, it is the purpose and intent of the county to afford that person due process of law by way of an administrative hearing. Due process shall require proper notice of the nature of the administrative decision and the opportunity to be heard, a hearing before a fair and impartial Administrative Law Judge, the right to present evidence, the right to cross-examination, the right to be represented by an attorney or other advocate, the right to receive an adequate explanation of the reasons justifying any resulting administrative order.
(B) The Board of County Commissioners further finds that an effective county administrative review process gives property owners, citizens, businesses, and the county an opportunity for an independent review of administrative decisions. An effective administrative review allows the appeal authority to revisit and establish the relevant facts and information, and ensure the proper legal standards are applied. An effective administrative appeal process provides an opportunity for the parties to mediate settlement alternatives, as appropriate. The county administrative review process safeguards the rights of businesses, property owners, citizens, and associations; identifies and addresses errors in administrative decisions; and reduces the potential for county legal costs and financial liability associated with protracted litigation.
(Ord. 2020-11, passed 9-2-2020; Ord. 2023-03, passed 5-16-2023)