§ 15-38. Appeals from decisions of environmental protection officer.

This section sets forth the procedure for appeals of any final decision of the environmental protection officer. The procedures for appealing final decisions of the environmental protection officer, except for decisions related to the enforcement of the Code, are set forth in subsections 15-38(a) through (d). The procedures for appealing decisions of the environmental protection officer related to the enforcement of the Code are set forth in subsections 15-38(e) and (f).

(a)

Any person aggrieved by any final decision of the environmental protection officer, except for any decision related to the enforcement of any provision of the Code or the enforcement of any regulation, rule, permit or approval issued pursuant to the Code, may appeal to the commission by filing a written notice of appeal within fifteen (15) days of the rendering of the decision by the environmental protection officer. The written notice of appeal shall identify the decision that is the cause for the appeal, and shall set forth concisely the reasons or grounds for the appeal. The notice of appeal shall be filed with the environmental protection officer. The environmental protection officer shall schedule the appeal for hearing before the commission at the earliest possible date, and cause notice thereof to be served upon the appellant. The environmental protection officer may send notice to other interested persons or parties.

(b)

The commission shall hear and consider all facts, material to the appeal and shall render a decision promptly. The hearing shall be open to the general public. In its decision, the commission may affirm, reverse or modify the action or decision appealed from, provided that the commission shall not take any action which conflicts with or nullifies any provision of this chapter, or rules and regulations pursuant to this chapter, or any existing laws or rules related to environmental protection.

(c)

Parties that participated in the hearing before the commission by providing evidence or oral or written testimony and whose substantial interests are adversely affected by the recommendation of the commission, may appeal to the board of county commissioners by filing a written notice of appeal within fifteen (15) days of the rendering of the decision of the commission. The written notice of appeal shall set forth concisely the reasons and grounds for the appeal, and shall be filed with the environmental protection officer. The environmental protection officer shall schedule the appeal for a public hearing before the board of county commissioners. The notice of appeal will be provided to the applicant and to all parties who have participated in the hearing before the commission.

(d)

At the public hearing, the issues before the board of county commissioners shall be limited to the issues raised in the notice of appeal. The board of county commissioners may affirm, reverse, or modify the decision of the commission. The decision of the board of county commissioners shall be final, and may be appealed to a court of competent jurisdiction.

(e)

Any person aggrieved by any final decision of the environmental protection officer related to the enforcement of any provision of the Code or the enforcement of any regulation, rule, permit or approval issued pursuant to the Code, may request review of the decision of the environmental protection officer to the commission by filing a written request for review within thirty (30) days of issuance of a notice of violation. The request for review shall identify the decision that is the cause for the request and shall set forth concisely the reasons for the requested review. The request for review shall be filed with the environmental protection officer. The environmental protection officer shall schedule a hearing before the commission at the earliest possible date, and cause notice thereof to be served upon the appellant and any other interested party whom has requested notification. The environmental protection officer may send notice to other parties. The commission shall hear and consider all facts material to the request and shall give its recommendation to the environmental protection officer at the conclusion of the hearing. The recommendation of the commission shall not constitute a final decision and shall not be subject to appeal.

(f)

If a request for review is filed in accordance with subsection 15-38(e), the environmental protection officer shall not refer the notice of violation to the code enforcement special magistrate prior to the conclusion of the hearing before the commission.

(Code 1965, § 24-13; Laws of Fla. ch. 67-1830, § 13; Laws of Fla. ch. 84-490, § 11; Ord. No. 2007-02 , § 1, 5-1-07)

State law reference

Penalties for misdemeanors, F.S. §§ 775.081, 775.082.