§ 49-10. Appeal to board of supervisors.

a.

The written decision of the Hearing Officer required by Section 49-5 shall become final on the date it is deposited in the mail. The Hearing Officer shall notify the Clerk of the Board of Supervisors of his or her decision, the date upon which the decision became final and the last date upon which an appeal may be made. If the Board of Supervisors does not receive an appeal within twelve (12) days of the date the Hearing Officer's decision becomes final, the Board shall be deemed to have ratified and adopted the Hearing Officer's decision. If it is the decision of the Hearing Officer that a public nuisance exists, the owner of the property shall be responsible for paying all of the County's Abatement costs and Administrative costs, including, but not limited to, those cost items set forth in the notice required by subsection (a) of Section 49-9.

b.

Within the twelve (12) day period referred to in subsection (e) of Section 49-9, the responsible party, the Enforcement Officer or any other interested person may appeal the decision of the Hearing Officer to the Board of Supervisors of the County of Butte if such individual or entity does all of the following:

1.

Delivers a written appeal to the Clerk of the Board of Supervisors within the twelve (12) day appeal period; and

2.

Delivers to the Clerk of the Board of Supervisors within the twelve (12) day appeal period an appeal fee in the amount set forth in Section 3-43 of this Code.

c.

Within fifteen (15) days of being notified by the Clerk of the Board of Supervisors, the appellant shall deposit with the Clerk of the Board an amount of money equal to the estimated cost of transcribing the oral proceedings before the Hearing Officer and the cost of duplicating seven (7) copies of the administrative record, including all exhibits introduced at the hearing. The appellant shall be responsible for the cost of the appeal and record; provided, however, if the Board upholds the appeal and finds that no violation exists, then the costs of the appeal shall be borne by the County.

d.

In the event of an appeal to the Board of Supervisors, the Board shall decide the appeal based solely on the administrative record and transcript of the hearing. The Board shall review the record, transcript and evidence and then adopt, reject or modify the decision of the Hearing Officer.

e.

In the event of an appeal to the Board of Supervisors, the Board shall decide the appeal within ninety (90) days after receipt of the administrative record. Notice of the Board's decision shall be mailed to the property owner, the Director of Development Services, the Hearing Officer and those persons receiving notice pursuant to Section 49-5.

(Ord. No. 3900, § 1, 1-25-05)