(a) Appeal of Permit Decision; Informal Hearing. If the landowner or designated agent is aggrieved by a permit decision made by the Soil Erosion Control Agent, a written appeal including the reason for the appeal referencing applicable sections of the chapter; a photocopy of any written action; and the required fees may be filed with the Administrator’s Office within 14 calendar days of that decision. If an appeal is filed, an informal hearing will be scheduled within 14 calendar days from the date of the filing. The informal hearing will allow the landowner or designated agent opportunity to submit additional information or re-emphasize previously submitted data. The Administrator’s Office will then review the information and take under advisement any other comments received before making a final decision within twenty-one (21) days of the informal hearing, and forward this final decision to the landowner or designated agent in person or by first class mail.
(b) Appeal of Notice of Violation; Informal Hearing. If the landowner or on-site authorized agent is aggrieved by a compliance and enforcement action made by the Soil Erosion Control Agent pursuant to Section 1470.07(b) of this chapter, a written appeal including the reason for the appeal referencing applicable sections of the chapter; a photocopy of any written action; and the required fees may be filed with the Village within 24 hours of receiving a notice of violation. If an appeal is filed, an informal hearing will be scheduled within three (3) calendar days of the date of the filing. The informal hearing will allow the landowner or on-site authorized agent opportunity to submit additional information or re-emphasize previously submitted data. The Village will then review the information and take under advisement any other information received before making a final decision within two (2) days of the informal hearing, and forward this final decision to the landowner or on-site authorized agent in person or by certified mail, return receipt requested.
(c) Village’s Decisions; Standard of Review.
(1) The Village shall sustain the decision of the Soil Erosion Control Agent unless the Village finds, by clear and convincing evidence that the Soil Erosion Control Agent’s decision:
A. Was based upon a mistake(s) of fact and that the correction of that mistake(s) leads to a different result; or,
B. Was based upon a mistake(s) of law and that the correction of that mistake(s) leads to a different result; or
C. Constitutes an abuse of discretion and no factual or legal argument provides any support for the Soil Erosion Control Agent’s position.
(2) All decisions, whether oral or written, must include a brief recap of testimony and evidence presented. The decision of the Village shall be binding upon the Soil Erosion Control Agent and the landowner, designated agent and/or on-site authorized agent.
(Ord. 93 A-1. Passed 1-12-11.)