Imperial County Municipal Code Ch. 9 Appeals

A party aggrieved by a decision of the board of supervisors, the commission or the director, pursuant to this division, may seek review of such decision as provided in this division.

(Prior code § 92209.00)

If the director revokes a registration or permit pursuant to this division, the registrant or operator shall have thirty (30) days after revocation by the director to request that the revocation be reviewed by the commission. The request for review shall be filed by the applicant with the director.

(Prior code § 92209.01)

If the director denies an application for a permit or approval of a development project pursuant to this division, the applicant shall have fifteen (15) days after denial by the director to request that the application be considered by the commission. The request for review shall be filed by the applicant with the director, along with the appropriate appeal fee as established by the rules and regulations.

(Prior code § 92209.02)

In the event that the commission denies an application for a permit or approval of a development project pursuant to this division, the applicant shall have fifteen (15) days after denial by the commission to request that the denial of the application be considered by the board of supervisors. The request for review shall be filed by the applicant with the clerk of the board of supervisors.

(Prior code § 92209.03)

Any order issued by the commission in enforcement of this division, may be appealed to the board of supervisors by written request filed with the clerk of the board of supervisors within fifteen (15) days after issuance of the order by the commission.

(Prior code § 92209.04)

In the event that any decision or order of the commission is appealed to the board of supervisors, the board of supervisors shall provide a hearing on the appeal and provide notice thereof in the same manner as that required of the commission.

(Prior code § 92209.05)

No decision of the director, the commission, or the board of supervisors shall be subject to review by, or appealed to the superior court unless and until the appeals procedures specified in this Section 92209.00 have been exhausted.

(Prior code § 92209.06)

Within sixty (60) days after publication of any regulation or resolution adopted pursuant to this division, any interested party may file with the superior court a petition for writ of mandate for the review thereof. Failure to file such an action shall not preclude a party from challenging the validity of such a regulation or resolution in any judicial proceedings brought to enforce such regulation or resolution or for such other civil remedies, including the imposition of civil penalties.

(Prior code § 92209.07)

The commission may reconsider all or part of a decision on petition of any person affected by the decision, only upon a showing that the commission failed to follow an applicable procedure established by this division or regulation adopted pursuant to this division. Any such petition shall be filed with the commission within fifteen (15) days after the decision by the commission. The commission shall decide whether to reconsider its decision within sixty (60) days after the petition is filed.

(Prior code § 92209.08)

A decision of the commission shall be final. Any person aggrieved by a decision of the commission may, within fifteen (15) days of the decision, appeal the decision to the board of supervisors.

(Prior code § 92209.09)