§ 467-140. APPEAL RIGHTS AND PROCEDURES

(a)

Any applicant for a permit, or a permittee, shall have the right to appeal a decision to deny a permit application or renewal application, or the requirements or conditions thereof, or a decision to suspend or revoke a permit, by filing a written notice of appeal with the Clerk of the Board of Supervisors, specifying the grounds of the appeal, within 15 days after the decision has been served on the applicant or permittee.

(b)

Such appeal shall be heard by the County Administrative Officer, or such other hearing officer as he or she may designate, upon not less than 15 days written notice to the appellant. The County Administrative Officer, or designated hearing officer, shall consider all relevant evidence introduced at such hearing, and may continue the hearing for good cause and require such legal briefing as may be required to address any issues raised in the appeal.

(c)

Within a reasonable time, but in no event later than 30 days following the conclusion of the hearing, the County Administrative Officer, or designated hearing officer, shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced to supporting evidence.

(d)

The decision of the County Administrative Officer, or designated hearing officer, shall be final, and shall be served on the appellant as provided in Code of Civil Procedure Section 1094.6(b), with a copy submitted to the Clerk of the Board of Supervisors. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.

In the event the County Administrative Officer, or designated hearing officer, decides to issue or to renew a permit upon appeal hereunder, the County Administrative Officer shall issue the permit within ten days of such decision, for a period up to three years, subject to such terms and conditions as the County Administrative Officer deems reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter impose.

In the event a suspension or revocation of a permit is overturned upon appeal hereunder, the original permit shall be valid for the remainder of its term, subject to such additional terms and conditions as the County Administrative Officer may impose. In the event the original term of such permit has expired, the County Administrative Officer shall issue a new permit within ten days of such decision, for a period up to three years, subject to such terms and conditions as the County Administrative Officer deems reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter.

(Ord. No. 1641, § 1, 11-7-2017)