§ 7.5-189. Administrative appeal; judicial review.

(a)

Administrative remedies. 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, sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance, or after having complied with the application requirements of the issuing authority, should the applicant dispute a decision of the issuing authority, shall entitle the person submitting the plan or holding the permit to a hearing before the mayor and city council within thirty (30) days after receipt by the local issuing authority of written notice of appeal.

(1)

The notice of appeal shall address the reasons why the applicant's request, if granted, would not impair the quality, vitality or stability of the area affected by the application and would not destroy more than minimum amount of natural ground surface, vegetation or cover within such area.

(2)

The issuing authority shall review the notice of appeal and transmit to the mayor and city council a written report of its findings and recommendations, which shall become a part of the official record.

(3)

The mayor and city council, having received the report of issuing authority, making it a part of the official record, and having considered the written and oral statements of the applicant, and any other evidence, is authorized to hear and shall hear and decide appeals where it is alleged there is any error in any order, requirement, decision or determination made by the issuing authority in the administration or enforcement of this article, the decision of the mayor and city council shall not result in a violation or circumvention of any applicable condition of zoning, provision of the city zoning laws, subdivision regulations or any other regulation or ordinance.

(4)

A written copy of the findings and decision of the mayor and city council shall be transmitted to the applicant, and to the director of the issuing authority.

(b)

Judicial review. Any person, aggrieved by a decision or order of the local issuing authority, after exhausting his administrative remedies, shall have the right to appeal de novo to the Superior Court of Bartow County, Georgia.

(Ord. No. 11-10, 5-6-10; Ord. No. 27-16, § 1, 11-17-16)