§ 18.44.100. Appeals.

A.

Who May Appeal—Time for Appeal.

1.

An appeal may be made to the Board of Supervisors by any public agency or person aggrieved by a decision of the Director of Building Services pursuant to this Chapter, other than those relating to aesthetics and plant selection. Appeals relating to aesthetics and plant selection shall be made to the Planning Commission pursuant to Chapter 20.100 of the Monterey County Code. Such appeal shall be in writing and shall be filed with the Clerk of the Board of Supervisors and with the Department of Building Services within ten (10) days after written notice of the decision has been mailed to the applicant.

2.

Written notice of the decision shall be given promptly to the applicant and to those who have requested notice, in writing, at the hearing on the application; and no appeal shall be accepted until the notice of the decision has been given.

3.

At the time of the filing of the appeal the appellant shall pay the required filing fee as established from time to time by the Board of Supervisors to the Clerk of the Board of Supervisors.

B.

Requirements for Contents of Appeal. The appellant must specifically state in the notice of appeal:

1.

The identity of the appellant and his or her interest in the decision;

2.

The identity of the decision appealed from and the conditions appealed from;

3.

A clear, complete, but brief, statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed were unjustified or inappropriate;

4.

The specific reasons the appellant disagrees with the findings of the Director of Building Services;

5.

The specific facts of the matter in sufficient detail to notify interested persons of the nature of the proceedings, to place the interested persons upon notice as to how any proposed action may affect their interest so that they may formulate their defense or opposition without being subjected to surprise. The Board will not accept an appeal stated in generalities, legal or otherwise.

C.

Form. A form for giving notice of appeal shall be provided. The form need not be used if the contents of the notice of appeal is complete.

D.

Acceptance of Appeal. An appeal shall not be accepted by the Board of Supervisors unless it is complete and complies with all requirements. The Clerk of the Board shall not accept a notice of appeal if it is obvious on the face of the notice that it is incomplete.

E.

Notice. The appellant shall furnish the Director of Building Services stamped envelopes addressed to those on the departments list to receive notice of the hearing appealed from, if any, and the list of those who have requested to receive notice of appeal.

F.

Action by the Board of Supervisors on Appeal.

1.

Upon receipt of the notice of appeal, the Board shall within fifteen (15) days following the filing of the appeal, set a date for public hearing thereon, giving notice thereof to the appellant, to those in the departments list, if any, and to those who have requested notice of the appeal, in writing, during the consideration of the matter by the Director of Building Services. The evidence presented to the Board of Supervisors on appeal shall be limited to that evidence which was presented to the Director of Building Services; provided, however, that when relevant new evidence is available at the time of appeal, the application may be returned to the Director of Building Services for reconsideration.

2.

If the basis of the appeal is the adequacy or weight of the evidence to support the findings, conditions or decision of the Director of Building Services, the Board shall affirm if there is substantial evidence to affirm despite the evidence to the contrary.

3.

If a request for continuance is granted, the person who asks for the continuance shall notify the interested public in the same manner and to the same extent that notice was given to the public regarding the hearing on the appeal. The notice shall state the date to which the hearing upon the appeal is continued. If notice is not given, the appeal may not be heard on a date for which inadequate notice is given. Failure to give notice may be grounds for denial of an appeal.

4.

The Board of Supervisors may reverse or affirm, wholly or in part, or modify the order, requirement, condition, findings or decision appealed from, and may make such order, requirement, condition, finding or decision as should be made, and such action shall be final.

(Ord. 3190, 1986)

(Ord. No. 5135, § 32, 7-7-2009)