§ 17.48.110. Appeals.

A.

A property owner aggrieved by the determination of the zoning administrator pursuant to Section 17.48.070(D) that the parcels have merged may appeal said determination in the manner set forth in this section.

B.

Within ten working days of the determination of the zoning administrator that parcels or units of land have merged, the property owner may file an appeal with the director of planning. Said appeal shall be in writing on the form prescribed by the director of planning, shall state the basis of the appeal, and shall be accompanied by the applicable fee. The director of planning shall fix a time, date and place for the appeal hearing, and shall notify the property owner of same. The appeal hearing shall be conducted not more than thirty working days following the receipt by the director of planning of the completed appeal but may be postponed or continued with the mutual written consent of the director of planning and the property owner.

C.

The county hearing officer shall hear the appeal and make a recommendation to the board, except that if at the time the notice of appeal is filed a county hearing officer has not been appointed, or is unavailable to hear the matter within thirty working days, the appeal shall be scheduled to be heard by the board within said thirty-day time period.

D.

The county hearing officer, or the board in the event the county hearing officer has not been appointed or is unavailable, shall permit additional evidence to be presented at the appeal hearing if necessary for a proper resolution of the matter. Alternatively, at the request of the property owner and for good cause shown, the county hearing officer or the board may hear the matter de novo.

E.

If the county hearing officer hears the matter, following the close of the hearing the county hearing officer shall prepare written findings and recommend to the board that it confirm, reverse, or modify the determination of the zoning administrator. The board may adopt the recommended findings, conclusions, and decision, or may reject the recommendations and enter its own findings, conclusions, and decision after a review of the board.

F.

If the board hears the matter due to the unavailability of the hearing officer, it shall confirm, reverse or modify the determination of the zoning administrator and enter its own findings, conclusions and decision.

(Ord. 1098 § 5, 1996: Ord. 1083 § 12, 1995: Ord. 1012 § 2, 1992: Ord. 854 § 2 (part), 1987: prior code § 11695.70)