(A) Where the right to an administrative appeal has been established by the county, a person having that right may request an administrative review, if the request is filed within ten business days from the date of service of one of the following:
(1) Itemized statement of costs, as defined in § 11.004 of this chapter, has been issued in a notice of violation of a code violation to a responsible person;
(2) Administrative citation, as defined in § 11.004 of this chapter, has been issued in a notice of violation of a code violation to a responsible person;
(3) A decision made by a land use appellant, a board or officer of the county, or an adversely affected party may after approval of a written decision issued by the county, appeal that decision to the Administrative Law Judge by alleging that there is error in any order, requirement, decision or determination made by the Planning Commission, Board, County Administrator or Director of Planning in the administration or interpretation of the land use ordinance;
(4) An administrative process decision, as defined in § 11.004 of this chapter;
(5) Notice of emergency abatement, as defined in § 11.004 of this chapter, has been issued in a notice of violation of a code violation to a responsible person; or
(6) Notice of any other county action where the right to an administrative review is provided under any published county ordinance or policy.
(B) The request for an administrativereview shall be made in writing addressed to the office of the County Clerk/Auditor or to the Chief Administrative Officer.
(C) The request shall comply with the following requirements:
(1) It shall be in writing;
(2) It shall contain a legible, plain statement of the reason or reasons that the person requesting the review is entitled to relief from the county action;
(3) It shall be accompanied by a copy of the itemized statement of costs, administrative citation, administrative process decision, notice of emergency abatement or other notice of county action for which the review is requested;
(4) It shall contain the name of the person requesting the review and the address to which all notices and orders shall be mailed; and
(5) It shall be dated and signed by the person requesting the review.
(D) The county may initiate an administrative review by service and filing of a notice of violation and summons. Service of the notice of violation and summons shall be served by any of the following methods, unless different provisions are otherwise specifically stated to apply:
(1) Regular mail, postage prepaid, to the last known address of the property owner or other responsible person;
(2) Posting the notice conspicuously on or in front of the property. If not inhabited, the notice must also be mailed as in division (D)(1) above;
(3) Personal service; or
(4) Published in a newspaper of general circulation once a week for a period of two weeks.
(E) Within 20 calendar days after receiving a request for an administrative review or the service of a notice of violation and summons, the Administrative Law Judge shall schedule a date, time and place for an administrative hearing, if required. Failure to hold the hearing within 20 days of the request shall not be a basis for reversal of the county action. No adverse action, except an emergency abatement, shall be taken pending the administrative review.
(F) Failure to request an administrative review within ten business days from the date of service of any of the notices in division (E) above shall constitute a waiver of the right to an administrative review and the right to an appeal.
(G) At the discretion of the Chief Administrative Officer, an appeal of a denial by the county, a county department, or county official of a Government Records Access and Management Act (GRAMA) request may be referred to the Administrative Law Judge.
(H) Any person adversely affected by a final action of the San Juan County Recorder when applying the statewide standards for county recorders may appeal the action to the Administrative Law Judge under this chapter. The party appealing the final action shall set forth any errors (acts or omissions) the County Recorder made in applying the rules adopted by the County Recorder Standards Board established under UCA § 63C-29-201. Appeals shall be filed with the County Clerk within ten business days of the effective date of the County Recorder’s final action.
(Ord. 2020-11, passed 9-2-2020; Ord. 2023-03, passed 5-16-2023)