612-3. Appeals.
(a) Any person affected by an approval, denial, suspension, or revocation of a permit by the Health Officer may appeal to the Board of Supervisors by filing a notice of appeal with the Department of Health and Human Services, Division of Environmental Health, within thirty (30) days of the action of the Health Officer or receipt of written notice by the Health Officer, whichever is later. The notice of appeal shall be accompanied by a filing fee set by resolution or ordinance of the Board of Supervisors in an amount sufficient to cover costs. The appeal shall stay the effect of the action of the Health Officer. However, no appeal may be taken concerning any action of the Health Officer which such officer is required to take pursuant to state or federal law, including the provisions of the State Water Resources Control Board’s Water Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems. (Ord. 2067, § 1, 4/25/1995; Ord. 2351, § 19, 12/6/2005; Ord. 2584, § 2, 11/7/2017)
(b) The appeal shall be in writing and addressed to the Department of Health and Human Services, Division of Environmental Health. The applicant shall also file a copy of the appeal with the Clerk of the Board of Supervisors on the same day of filing with the Division of Environmental Health. In the notice of appeal, the appellant shall specifically identify the action taken by the Health Officer that the appellant is challenging and the date of the action, as well as state in full the facts and circumstances which make the action of the Health Officer unreasonable, including citations to any applicable laws or regulations. Failure to comply with these appeal procedures will render the notice of appeal invalid and will not toll the time allotted to file a notice of appeal. (Ord. 2584, § 2, 11/7/2017)
(c) Upon receipt of a timely notice of appeal, the Board of Supervisors shall cause the matter to be set for hearing not earlier than twenty (20) calendar days after the notice of appeal has been filed with the Division of Environmental Health and the Clerk of the Board. The Board of Supervisors, in its discretion and upon stipulation of the Health Officer and appellant, may set the hearing on an expedited schedule. The Division of Environmental Health shall cause notice to be mailed to all affected persons at least ten (10) calendar days prior to the hearing. (Ord. 2584, § 2, 11/7/2017)
(d) At the time and place set for the hearing, the Board shall proceed to hear the testimony of the Health Officer, the testimony of the owner or his/her representatives, and the testimony of other competent persons concerning the conditions upon which the action of the Health Officer is based and other matters which the Board may deem pertinent. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine the Health Officer and other witnesses. The hearing may be continued from time to time at the discretion of the Board of Supervisors. (Ord. 2584, § 2, 11/07/2017)
The Health Officer may cross-examine the appellant and other witnesses and may be represented by counsel. At the request of the Health Officer, the County Counsel shall represent the Health Officer.
(e) “Any person affected” shall include, but not be limited to, the applicant or his/her agent, the owner of the affected property or his/her agent, and the owners or their agents of all adjoining properties to the property against which the action of the Health Officer is directed.
(f) The Board may, upon the appeal, either affirm the action of the Health Officer or grant a variance to the provisions of this division or regulations issued by the Health Officer upon which the action under appeal is based. No variance may be granted with respect to any requirement established pursuant to state or federal law, regulation, or rule, including requirements of the State Water Resources Control Board’s Water Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems. The decision of the Board of Supervisors upon an appeal shall be based upon the facts presented to it. (Ord. 945, § 6, 10/2/1973; Ord. 2067, § 1, 4/25/1995; Ord. 2584, § 2, 11/7/2017)
(g) Failure to challenge the Board’s decision within 45 days shall be deemed to be a waiver of any objection to the Board’s decision. (Ord. 2584, § 2, 11/7/2017)