Kern County Municipal Code Art. VI Boating Areas—Administration

In the respects that the board of supervisors may adopt any regulation under this chapter, it may be done by ordinance, resolution or order of the board.

(Prior code § 5391.3.8)

A. In the respects that the director may adopt any rule or make any order under this chapter, it may be done by the director or by an authorized officer who has been authorized by the director to adopt rules or make orders under this chapter.

B. Neither this section nor other provisions of this chapter authorizing the adoption of any rule or making any order by an authorized officer shall be deemed to limit the authority of the director over his subordinates.

(Prior code § 5391.3.9)

All orders and rules adopted or made by the director shall be consistent with and shall be construed consistently with the provisions of this chapter and any regulation adopted by the board, except insofar as the director is expressly authorized to make inconsistent orders or rules.

(Prior code § 5391.3.10)

A. The director shall cause the substance of orders, rules and regulations to be promulgated by one or more reasonable means to persons or groups of persons affected thereby, including but not confined to signals, directions or oral orders, or by the posting of written notices or brochures or pamphlets or by distribution of same to persons or parties entering the recreation area.

B. Notice that a previously established order, rule or regulation is operative may be given by means of showing a distinctive light, flag or signal, or a combination thereof.

(Prior code § 5391.3.11)

If any person is dissatisfied with any order or rule made by the director or any authorized officer pursuant to, or purporting to be pursuant to, the provisions of this chapter, he shall be entitled to appeal the same to the board by filing his appeal in writing within thirty (30) days after the making of such order or rule.

(Prior code § 5391.18.1)

Such appeal shall be filed with the clerk of the board or with the director, and if filed with the director, he shall promptly forward same to the board.

(Prior code § 5391.18.2)

The board shall read such appeal and hear the applicant within fifteen (15) days after the filing of such appeal, unless the applicant consents to a continuance. The board may continue such hearing from time to time in the exercise of its discretion, but in any case shall conclude the same within a reasonable period of time.

(Prior code § 5391.18.3)

A. The clerk of the board shall cause notice to be given of the time and place of the hearing of such appeal by mailing a notice thereof not later than three (3) calendar days prior to the date set for hearing (1) to the applicant at his address shown in his appeal, and (2) to the director.

B. The clerk of the board shall also cause notice to be given of the time and place of the hearing of such appeal by showing such matter on the regular advance agenda of meetings of the board.

(Prior code § 5391.18.4)

A. Not more than seven (7) days after it concludes such hearing, the board shall declare its decision. It may sustain, modify, reject or overrule any such order or rule, and may make such order, rule, regulation, requirement, condition or decision as the board deems should be made under the provisions of this chapter and under any applicable state or federal laws or regulations.

B. The clerk of the board shall promptly mail a copy of the order or resolution showing the decision of the board (1) to the applicant at his address shown in his appeal, and (2) to the director.

(Prior code § 5391.18.5)

If any person is dissatisfied with any regulation made by the board of supervisors pursuant to the provisions of this chapter, he shall be entitled to appeal the same pursuant to all of the provisions of this article.

(Prior code § 5391.18.6)