§ 122-9. Appeals.


Latest version.
  • (a)

    Authority. The Division of Administrative Hearings (DOAH) shall have the authority to hear and decide appeals from administrative actions regarding the floodplain management provisions of this Land Development Code.

    (b)

    Initiation. An appeal may be initiated by an owner, applicant, adjacent property owner, any aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), or any resident of real property, from administrative actions regarding the floodplain management provisions of this Land Development Code.

    (c)

    Procedures. A notice of appeal in the form prescribed by the Building Official must be filed with the county administrator and with the Building Department within 30 calendar days of the administrative action. Failure to file such appeal shall constitute a waiver of any rights under this article to appeal administrative actions regarding the floodplain management provisions of this Land Development Code. Such notice shall be accompanied by the names and addresses of the owner, applicant, property owner, and adjacent property owners. The filing of such notice of appeal will require the County to forward to the BOCC any and all records concerning the subject matter of the appeal and to send written notice of the appeal to the owner, applicant, property owner, and adjacent property owners, if different from the person filing the appeal. Upon receipt of the written notice of the appeal, the County shall refer the appeal to DOAH with a request that an administrative law judge be assigned to conduct a hearing. The request shall be accompanied by a copy of the petition and a copy of the notice of County action.

    (d)

    Effect of filing an appeal. The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the Building Official certifies in writing to the BOCC and the applicant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The BOCC shall review such certification and grant or deny a stay of the proceedings.

    (e)

    Action of DOAH. DOAH shall consider the appeal pursuant to Rule 28-106.201(3) F.A.C.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)