§ 15-349. Appeals from decisions of environmental protection officer.

(a)

The applicant, or parties who have previously filed written objections, may, within fifteen (15) calendar days of the decision of the environmental protection officer, file a written notice of appeal with the environmental protection officer. If no notice of appeal is received within the fifteen (15) calendar day period, then the prior ruling of the environmental protection officer shall be final. If an appeal is taken, such appeal shall be heard by the environmental protection commission. The environmental protection commission shall render a recommendation to the board approving, approving with modifications, or denying the recommendation of the environmental protection officer. The recommendation of the environmental protection commission shall be provided to the board within twenty-one (21) days, provided that if no meeting is scheduled within the 21-day period, then the recommendation shall be presented at the first meeting of the board following the expiration of the 21-day period. The board may accept the recommendation or call for a public hearing.

(b)

Parties who have previously filed written objections and whose substantial interests are adversely affected by the recommendation of the environmental protection commission may appeal to the board within ten days of the rendering of the recommendation. The appeal shall be filed with the environmental protection officer and shall be scheduled for a public hearing before the board. The notice of the appeal will be provided to the applicant and to parties who have previously objected in writing. The board may affirm, reverse, or modify the decision of the environmental protection commission. The decision of the board shall be final.

(c)

For the purposes of this section, the term "party" shall not include the Windermere Water and Navigational Control District Advisory Board, the Conway Water and Navigational Control District Advisory Board, other county departments, agencies, or governmental bodies.

(d)

Notices of appeal filed pursuant to this section shall contain the following:

(1)

A statement identifying the decision being appealed;

(2)

The name, address, telephone number, and facsimile number (if any) of the person or persons appealing the decision (the "appellant");

(3)

A detailed statement asserting the grounds for appeal; and

(4)

A statement describing with particularity each section and paragraph of this article the appellant contends requires reversal or modification of the decision.

(e)

Failure to provide the information required in subsection 15-349(d) shall be a basis for dismissal of the appeal by the environmental protection officer. The environmental protection officer shall promptly give written notice to the appellant of the dismissal of the appeal and shall state the reasons for the dismissal. Dismissal of an appeal shall, at least once, be without prejudice to appellant's filing an amended notice of appeal within fourteen (14) days of the date of the dismissal.

(Ord. No. 2004-08, § 2, 5-18-04)