Fountain Valley Municipal Code Ch. 16.40 Board of Supervisors

(a) The board of supervisors shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision or determination made by the superintendent in the administration or enforcement of any of the provisions of this title.

(b) An appeal shall be in writing and shall be filed in triplicate in the office of the superintendent. An appeal from any order, requirement, decision or determination by the superintendent must set forth specifically wherein it is claimed there was an error or abuse of discretion by his action or where the decision is not supported by the evidence in the matter.

(c) Any appeal not filed within ten days from and after the date of the order, requirement, decision or determination complained of shall be dismissed by the board of supervisors.

(d) Within five days from and after the filing of the appeal, the superintendent shall transmit to the board of supervisors all papers involved in the proceedings and two copies of the appeal. In addition, he may make and transmit to the board of supervisors such supplementary report as he may deem necessary to present clearly the facts and circumstances of the case.

(e) Upon receipt of the record, the board of supervisors shall set the matter for hearing and give notice by mail of the time, place and purpose thereof to appellant and to the superintendent and any other party at interest who has requested in writing to be so notified and no other notice need be given.

(f) Upon the date set for the hearing, the board of supervisors shall hear the appeal, unless for cause the board of supervisors shall on that date continue the matter. No notice of continuance need be given if the order therefor be announced at the time for which the hearing was set.

(g) Upon the hearing of such appeals, the board of supervisors may affirm, change or modify the ruling, decision or determination appealed from or in lieu thereof may make such other or additional determination as it deems proper in the premises subject to the same limitations as are placed upon the superintendent by this ordinance and by other provisions of law.

(Ord. 27, 1959)