§ 30-387. Appeals.

(a)

Any party aggrieved by the action of the director or his or her designee, may notify the director in writing that such party is appealing the decision. The notification shall be delivered to the director no later than thirty (30) days after the decision on the application is rendered; otherwise, the applicant shall be deemed to have waived all rights to challenge the decision. (For purposes of this section, the term "renders" means the date the applicant initials or otherwise indicates receipt of the decision on the application. However, in the event the decision on the application is not accepted or is returned, the term "renders" means ten (10) calendar days after the date the decision was signed.) Upon receipt by the director of a timely notice of appeal, the director shall submit the appeal to the DRC, which shall consider the appeal no later than ninety (90) days following receipt or at such later date to which the applicant may consent.

(b)

Any decision of the DRC pursuant to this article may be appealed to the board of county commissioners by submitting a letter to the chairman of the DRC within thirty (30) days of the decision. For appeals regarding school concurrency exemptions or vested rights, a copy of the appeal request shall be submitted to the school board for its information,

(1)

The board of county commissioners may deny or approve (with or without conditions) the application or may return the application to the appropriate committee or staff for further consideration with or without comments or directions.

(2)

The board of county commissioners shall review the application on the same basis and in accordance with the procedures of this division, and an approval issued by the board of county commissioners shall have the same effect as an approval by the respective committee or director and shall accordingly enable the director to issue a vested rights certificate or school concurrency exemption, which may contain such conditions as the board of county commissioners may require.

(c)

A person aggrieved by a decision of the board of county commissioners on an application for a vested rights certificate or exemption may challenge the decision in the Circuit Court for the Ninth Judicial Circuit. If the aggrieved person decides to challenge the decision, he/she shall file a petition for writ of certiorari with the clerk to the circuit court not later than thirty (30) days after the decision is rendered by the board of county commissioners. The record before the circuit court shall consist of the complete record of the proceedings before the board of county commissioners.

(Ord. No. 2010-10 , § 2, 9-21-10)