§ 166-169. Appeals.

(a)

Any applicant or permittee affected by a decision of the county administrator in the enforcement or interpretation of any of the terms or provisions of this article may appeal such decision to the board of county commissioners. Such appeal shall be taken by filing written notice thereof with the clerk of the board of county commissioners, within ten days after notice of the decision of the county administrator.

(1)

Upon receipt of a timely filed appeal, the clerk to the board of county commissioners shall schedule and properly notice a public hearing to be held before the board of county commissioners as soon as practicable.

(2)

At the public hearing, the board of county commissioners may consider the record developed in proceedings before the county administrator, as well as all testimony and evidence presented at the public hearing.

(3)

The board of county commissioners shall make its determination based upon this record in light of the standards and factors outlined in this article and such other factors as the board of county commissioners may deem relevant.

(4)

An applicant or permittee denied relief may seek judicial review of the board of county commissioners' determination by the timely filing of an action in a court of competent jurisdiction.

(b)

Any person may appeal to the board of county commissioners for the following reasons:

(1)

To appeal the county administrator's permit conditions, denial of a permit, general exemption or nondisclosure of a trade secret.

(2)

To appeal an intent to revoke or revise an operating permit and a general or special exemption.

(3)

To request a special exemption. When requesting special exemption, written petitions for relief shall be filed with the clerk of the board of county commissioners and the factual basis for the relief requested. Such petitions shall include all materials and documents which are necessary to support the specific relief requested. Except in the case of an application for special exemption, a written request for relief shall be filed with the clerk of the board of county commissioners within 20 days after the date upon which the petitioner receives a permit, or written notice of an intent to revoke or revise his permit, general exemption, or that trade secret protection has been denied. Failure to file within 20 days shall constitute a waiver of the person's right to an administrative hearing. The filing of a petition authorized by this section shall stay all proceedings with respect to the matters that are contained in the petition until there is a final decision of the board of county commissioners as provided in this section.

(c)

Hearing date:

(1)

All appeals and applications shall be heard within 45 days of the date from which the petition and supporting data are filed with the clerk of the board of county commissioners. An extension of time for the hearing may be granted by the board for good cause shown.

(2)

Notice of hearing shall be served upon the applicant or permittee and property owner, if different, by hand delivery or by certified mail, return receipt requested, no less than ten days prior to the hearing. When the owner or responsible individuals are not present or are avoiding service of the notice of hearing, service shall be accomplished by posting copies of the notice of hearing in a conspicuous place on the premises of the facility that is the subject of the appeal.

(d)

The notice of hearing provided for in this section shall contain the following information:

(1)

Name and address of the petitioner and property owner, if different;

(2)

Description of the facility;

(3)

Ordinance section (of this article) or regulation section alleged to have been the basis of the denial or proposed revocation or revision;

(4)

Time, date and place of the hearing;

(5)

A statement that "Failure to attend may result in an order being issued adverse to your interest";

(6)

A statement that all parties shall be given the opportunity to present witnesses and evidence in support of their position; and

(7)

A statement reflecting the requirements of F.S. ch. 286, regarding a verbatim record of the proceedings.

(e)

In computing the period of time within which an appeal must be taken from the permit conditions, denial of a permit, general exemption or application for nondisclosure or from intent to revoke or revise a permit, general exemption or special exemption, the day of receipt of notice of such denial or intent to revoke or revise shall not be included. In computing the period of time in which the board of county commissioners must set a hearing date, the date on which the clerk of the board receives the written petition and accompanying information shall not be included. In computing the period within which notice shall be provided prior to the hearing, the date of the hearing shall not be included. The last day of any period of time provided in this article shall be counted, unless it is a Saturday, Sunday or a legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or a legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation when any period of time prescribed in this article is less than ten days; where such period is ten days or greater, Saturday, Sunday and legal holidays shall be included.

(f)

Hearing procedure. The procedure for hearing of appeals under this article shall be as follows:

(1)

All testimony shall be under oath and shall be recorded.

(2)

If there is a proper notice of hearing as provided in subsection (c)(2) of this section, the hearing may proceed in the absence of the alleged petitioner and property owner, if different.

(3)

Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence shall be admissible in a trial in the courts of the state. Any part of the evidence may be received in written form. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

(4)

Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available.

(5)

The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.

(6)

Each party shall have the following rights:

a.

To be represented by counsel;

b.

To call and examine witnesses;

c.

To introduce exhibits;

d.

To cross examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination;

e.

To impeach any witness, regardless of which party called the witness to testify;

f.

To rebut the evidence.

(7)

Any interested party or person whose substantial interests are affected may make application, and upon good cause shown, may be allowed by the board of county commissioners to intervene in a pending proceeding.

(8)

In an appeal of an intent to revoke or revise a special exemption or general exemption that also requires an operating permit under the terms of this article, the appeal of both the intent to revoke or revise the applicable exemption and the accompanying permit shall be consolidated into one hearing.

(g)

At all hearings under this article, the board of county commissioners shall hear and consider all facts material to the appeal or application for special exemption and shall thereafter issue a decision based on the competent and substantial evidence presented at the hearing. Such decision may affirm, reverse or modify the action or proposed action of the county administrator.

(h)

The decision of the board of county commissioners, as applicable, shall be the final administrative action on behalf of the county administrator and the county. Any person who is a party to the proceeding before the board of county commissioners, if applicable, may appeal to the circuit court of the county in accordance with applicable Florida Appellate Rules.

(Ord. No. 18-36 , § 3(Att. E), 10-23-18)