§ 109-544. Administrative appeal.

(a)

An appeal from the requirements of this article or of the decision or interpretation of the director shall be submitted by the property owner on an application form as prescribed by the department, along with such fees as may be established from time to time by the Mayor and Council.

(b)

The suspension, revocation, modification or grant with condition of a permit by the local issuing authority upon finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of this article; shall entitle the person submitting the plan or holding the permit to a hearing before the Mayor and Council to be scheduled in their normal course of business after receipt by the local issuing authority of written notice of appeal.

(c)

The property owner shall state clearly why the requirements of this article cannot be met or why the interpretation or decision of the Director is in error.

(d)

The director shall transmit a copy of the appeal application to all affected county departments, including the Soil and Water Conservation District, soliciting their respective recommendations and coordinate the recommendations of each respondent. The other responses together with the director's recommendation shall be forwarded to the Mayor and Council, with the exception of appeals from buffer variance request decisions, for final action in their normal course of business. Buffer variance appeals shall be decided upon by the Soil and Water Conservation District in their normal course of business whose decision shall be final. An appeal in conflict with the provisions of the Georgia Erosion and Sedimentation Act (O.C.G.A. § 12-7-1 et seq.), shall not be considered or approved by the Mayor and Council.

(e)

After final action by the Mayor and Council, the Director shall transmit a copy of said action to the City Soil and Water Conservation District and to the property owner.

(Ord. No. 11-2010, pt. I, 7-7-2010)