(a) The provisions of this division are not applicable to the extent, but only to the extent, that they would violate the Constitution or laws of the United States or of the State of California.

(b) Any person claiming to be adversely affected by an unlawful or unconstitutional application of this division may apply to the County Administrative Officer for an exception, setting forth the basis for the application and requesting an exception. The County Administrative Officer or her/his designee must respond in writing within twenty-one (21) days, granting or denying the exception. Such determination of exception shall be published to the County of Humboldt website.

(c) Within ten (10) calendar days after publication of the determination of exception, any determination by the County Administrative Officer that an exception will be granted or denied may be appealed by any person aggrieved by such action to the Board of Supervisors. If no appeal is filed, the County Administrative Officer’s decision is final.

(d) The Clerk of the Board will set the appeal for hearing before the Board of Supervisors at a regular or special meeting within sixty (60) calendar days and give notice to the applicant, the appellant, and by publication pursuant to Government Code § 6061 not less than ten (10) days prior to the hearing. The hearing will be conducted de novo. The Board may continue the hearing from time to time. The Board’s findings and determination on the appeal will be final and conclusive. (Ord. 2689, Att. 1 § 1, 2/8/2022)