Any person who deems himself aggrieved by the denial of a permit, the grant of a permit
subject to conditions he deems unacceptable, or against whom a civil penalty has been
assessed or an administrative order issued, shall have the right to request an adjudicatory
hearing before the POTW director or other hearing officer designated by the POTW director.
Such hearing must be requested not later than 30 days following receipt of the permit,
civil penalty assessment, administrative order, or other action complained of and
shall be made in writing directly to the POTW and shall specify the act or action
complained of in detail and the factual or legal basis for its reversal. Such written
request shall be delivered personally to the offices of the POTW and a receipt granted
therefore, or delivered via certified mail and return receipt with proof of delivery.
From and after thirty (30) days, of the date complained of, if no written demand for
a hearing is made, the action shall be deemed final and binding. Upon receipt of written
demand for a hearing, the POTW director shall establish a date, time and place for
the hearing on the issues so raised by the complaining party. Such hearing shall be
held not later than 45 days from the receipt of the written demand for a hearing.
At said hearing, the complaining party may present to the POTW Director or designated
hearing officer any evidence, legal authorities or argument which is relevant to the
contested issues, and may be represented by counsel or other authorized representative.
The POTW director or designated hearing officer may also hear other evidence as he
deems necessary. The POTW director or designated hearing officer shall enter his ruling
on the matters complained of not later than 20 days from the date of said hearing,
and shall transmit a copy of his decision by registered or certified mail to the POTW
and to the complaining party. The POTW director or designated hearing officer may
tax the costs of the hearing to any person whose appeal is denied, in whole or in
part. Costs as used here may include professional, legal, investigative, technical
or reporting services.
(Ord. No. OA-13-02, § 10.1, 9-3-2013)
var val = document.getElementById('citecontent').innerHTML;
art.dialog.defaults.title = window.location.href;
art.dialog.data('cite', val);
art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');
