§ 58-89. Appeals to the county council.

(a)

The county council has the sole authority to hear and decide appeals from the decision or determination of the CLCA pursuant to the CLCA's authority under this article. Appeals may be taken by any person aggrieved or by any officer, board, department or agency of county government adversely affected by the decision or determination of the CLCA. An appeal shall be taken within ten working days after rendition of said decision or determination, by filing with the building official and with the legal department, a written notice of appeal specifying its grounds. The appeal shall be on a form prescribed by the building official.

Upon receipt of the notice of appeal, the building official shall transmit to the county council all documents, plans, papers, minutes, applications, recommendations or other materials relating to the appealed decision. The appeal of any decision of the CLCA shall be on evidence made on the record made before it.

(b)

Public hearing. The county council shall hold a hearing on said appeal after publication of notice stating the time, place and purpose of the hearing in a newspaper of general circulation in the county at least ten days before said hearing. The applicant or his duly authorized agent shall also post, at least ten days prior to the date of such hearing, a notice provided by the building official in a conspicuous place or places on the building or structure involved in the hearing. In all cases, affidavit proof with the date and place of the required publication and posting of the notices shall be present at the hearing. The county council shall decide the appeal within a reasonable time. It may, upon appeal, reverse, affirm or modify any order, decision or determination of the CLCA. If the county council finds that the county should pay the costs of an appeal, it may so authorize. No appeal shall be granted in whole or in part unless four members of the county council concur.

(Ord. No. 00-20, § XI, 5-18-00; Ord. No. 2006-05, § I, 3-2-06)