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 Butte County
 Code of Ordinances
 Chapter 23B. WATER WELLS

  § 23B-15. Appeal.  

Latest version.

  • (a)

    Any person whose application for a permit or for an approval has been revoked or denied, may, within thirty (30) days after the date of such denial or revocation, appeal therefrom in writing, accompanied with the appropriate appeal fees, to the board of supervisors. Upon the filing of a sufficient and proper appeal and payment of the fees provided for in this Code, the clerk of the board shall fix a time and place for a public hearing. The board shall affirm or overrule the denial or revocation. This section does not authorize appeals to the board from any action of the health officer authorized or required by state law or regulation.

    (b)

    Any person, may, within fifteen (15) days after the date of the issuance of a variance under this chapter, appeal therefrom in writing, accompanied with the appropriate appeal fees, to the board of supervisors. Upon the filing of a sufficient and proper appeal and payment of the fees provided for in this Code, the clerk of the board shall fix a time and place for a public hearing. The board shall affirm or overrule the issuance of a variance. This section does not authorize appeals to the board from any action of the health officer authorized or required by state law or regulation.

    (c)

    If the board needs the advice of an expert geologist or groundwater hydrologist in order to make a decision on the appeal, the board may retain such expert advice, and the costs shall be borne by the appellant. The board shall inform the appellant of the not-to-exceed cost of such expert advice before the cost is incurred and the appellant may withdraw the appeal before any such costs are incurred. If the board needs to retain an expert, then the hearing on the appeal may be continued for up to sixty (60) days so as to allow the expert time to investigate and to write a report on the results of that investigation. The report shall be a public document and a copy of the report shall be given to the appellant.

    (d)

    At the hearing of an appeal to the board of supervisors, any interested party may present oral or written evidence. Following the hearing, the board shall render a decision upon the appeal and may sustain, modify, or reverse any action of the health officer. The decision of the board shall be final.

(Ord. No. 3272, § 1, 6-25-96)