Chapter 8.22
APPEALS AND FEE WAIVERS
Sections:
8.22.020 Standing to appeal a decision of the health officer.
8.22.010 Applicability.
This chapter applies to the following board of health rules and regulations and fee schedule:
A. Chapter 8.04 SJCC, Food Service Health Regulations.
B. Chapter 8.06 SJCC, Water Wells and Water Systems.
C. Chapter 8.14 SJCC, Solid Waste and Biosolids Handling and Facilities.
D. Chapter 8.16 SJCC, On-Site Sewage Disposal.
E. Board of health adopted fee schedule. (Ord. 16-2007 § 1)
8.22.020 Standing to appeal a decision of the health officer.
A. Decisions of the health officer made pursuant to the following chapters of the County code can be made to the hearing examiner by any aggrieved person:
1. Chapter 8.04 SJCC, Food Service Health Regulations.
2. Chapter 8.06 SJCC, Water Wells and Water Systems; except that appeals of decisions made under SJCC 8.06.150 shall be made to the hearing examiner.
3. Chapter 8.14 SJCC, Solid Waste and Biosolids Handling and Facilities; except that appeals of permit denials or suspensions shall be made to the Pollution Control Hearings Board.
4. Chapter 8.16 SJCC, On-Site Sewage Disposal.
B. A person has standing to obtain review of the action of the health officer if that person is aggrieved or adversely affected within the meaning of this section only when all three of the following conditions are present:
1. The action of the health officer has injured or is likely to injure that person;
2. The person’s asserted interests are among those that the health officer was required to consider when he made the challenged decision; and
3. A ruling in favor of the person would substantially eliminate or redress the injury to that person caused or likely to be caused by the health officer’s action. (Ord. 7-2011 § 5; Ord. 16-2007 § 2)
8.22.030 Appeals.
A. Appeals.
1. Appeals to the hearing examiner must be made within 21 calendar days following the date of the written decision being appealed.
2. Content of Appeals. Appeals must be in writing, be accompanied by the appeal fee, and contain the following information:
a. Appellant’s name, address and phone number;
b. Appellant’s statement describing standing to appeal;
c. Identification of the decision being appealed;
d. Appellant’s statement on the grounds for appeal and the facts upon which the appeal is based.
3. A timely appeal of a decision made by the health officer stays the effective date of such decision until the matter has been resolved at the County level.
B. Authority of the Hearing Examiner. The San Juan County hearing examiner has authority to conduct open-record appeal hearings of decisions made by the health officer as provided in this chapter. The hearing examiner may affirm, reverse, modify, or remand the decision that is on appeal.
C. Notice of Public Hearing.
1. The administrator for purposes of appeals under SJCC Title 8 is the director of health and community services.
2. A notice of public hearing shall be prepared by the administrator. The administrator shall publish such notice of public hearing in the official County newspaper at least one time, not less than 10 days prior to the hearing. This notice shall include the date of public hearing and the information described in this section.
3. The applicant shall mail the notice of public hearing to any person who has submitted written comments on the application to the administrator or health officer. The applicant shall provide the administrator with a declaration of mailing and a list of the names and addresses of those individuals to whom the notice of public hearing was mailed. All notices which are returned to the applicant must be submitted to the administrator for inclusion in the file.
4. Notice of public hearing shall be deemed to have been provided on the date the notice is deposited in the mail.
5. All costs associated with meeting the requirements of this subsection shall be borne by the applicant.
D. Consolidation. All appeals of development permits or project permit decisions shall be considered together in a consolidated appeal hearing.
E. Decision Time and Notice.
1. The hearing examiner shall consider and render a written decision on all appeals. Such decision shall be issued within 60 days from the date the appeal is filed; provided, that the appeal contains all of the information specified in this section.
2. The parties to the appeal may agree to extend these time periods.
F. No Requests for Reconsideration. Requests for reconsideration to the hearing examiner are not authorized. (Ord. 7-2011 § 7)
8.22.040 Fee waivers.
A. Eligibility. The San Juan County board of health establishes fees by resolution following a public hearing. As such, the board of health has the authority to reduce and/or waive permit or license fees. Projects that are eligible for fee reductions and/or waivers include:
1. The development or owner-occupied dwelling is intended for occupancy by very low-income, low-income, and moderate-income families, as defined by Section 1 of the Housing Needs Assessment for San Juan County, Appendix 5 of the Comprehensive Plan; or
2. The applicant is an organization classified as a 501(c) nonprofit organization by the Internal Revenue Service and the development is intended for occupancy by very low-income, low-income, and moderate-income families, as defined by Section 1 of the Housing Needs Assessment for San Juan County, Appendix 5 of the Comprehensive Plan.
B. Procedure. The following procedure will be used to process all fee waiver or reduction requests:
1. Applicants for permits may request a fee waiver or reduction. The request must be in writing and contain the applicant’s name, the fee(s) reduction or waiver sought and the grounds for the reduction or waiver. The waiver request must be submitted to the department of health and community services for processing.
2. The board of health shall process the fee waiver and/or reduction request during their next regularly scheduled board meeting.
3. The applicant will be notified by phone of the date and time of the board of health meeting. The applicant is welcome to attend the board meeting, but attendance is not necessary to process the request.
4. A written decision will be sent to the applicant within one week of the board of health’s decision.
5. Decisions of the board are final. (Ord. 16-2007 § 5)