Kern County Municipal Code Art. V Appeals

The Board of Supervisors is empowered to hear appeals and grant relief thereon as provided in this article.

(Ord. No. G-9359, § 17, 11-4-25)

For the purpose of this article, certain terms and words are defined as provided in this paragraph:

A. Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this chapter including the application for a hearing on appeal as well as the appeal process.

B. Applicant means a person who has applied for a development permit or for approval of a subdivision map, parcel map, or variance.

C. Board means the Board of Supervisors of Kern County.

D. Responsible authority means the officer or body with the duty of issuing any permit or rendering any approval or which has a duty, power, or discretion under this chapter, which is subject of the appeal.

(Ord. No. G-9359, § 17, 11-4-25)

A. The appellant shall show at the hearing thereon, and before granting relief on appeal the Board shall find:

1. Interpretation by the responsible authority of one (1) or more regulations mentioned in this chapter was unreasonable or arbitrary; or

2. Action taken or a decision by the responsible authority under this chapter was unreasonable or arbitrary; or

3. Failure to act by the responsible authority pursuant to this chapter was unreasonable or arbitrary.

B. The Board may refuse to grant relief on appeal with respect to any matter which should have been preliminarily considered under Article IV as a variance application.

(Ord. No. G-9359, § 17, 11-4-25)

A. Any applicant who is dissatisfied with any action, decision, or non-action of a responsible authority may appeal to the Board at any time. Any interested person adversely affected by any decision of a responsible authority may appeal to the Board within fifteen (15) days after such decision.

B. Each appeal shall be filed with the responsible agency and shall be in writing on such form as the Board may, from time to time, approve or if none, then on a form prescribed by the responsible authority.

C. Each appeal shall be signed by the appellant or his authorized agent.

D. The appeal shall identify the application for development permit or the subdivision or parcel map as to which issuance or approval is sought and shall identify the regulation which relates thereto and shall briefly state the facts which give rise to good and sufficient cause for granting relief on appeal. The appellant shall set forth the address for purposes of giving him notice and the telephone number of the appellant or his authorized agent.

E. If in addition to the responsible authority with which the appeal is filed, the action or non-action of any other responsible authority is also subject to such appeal, the appeal shall identify each such other responsible authority, in which case the one with which such application is filed shall promptly send a copy of it to each such other responsible authority. The Board is empowered to refuse to grant any appeal relating to the action or non-action of a responsible authority if the appeal failed to identify it.

F. The responsible authority shall promptly forward such appeal to the clerk.

(Ord. No. G-9359, § 17, 11-4-25)

The clerk shall fix a date and time for a hearing on such appeal which shall be within fifteen (15) days after the filing of the appeal or at the next succeeding regular meeting of the Board after fifteen (15) days unless the applicant and appellant (if one other than the applicant) join in consent to a delay or continuance. If the clerk fails to fix a date and time for hearing, the Board shall do so. The clerk shall cause notice to be given of the date, time, and place of the hearing on the appeal at least one (1) week prior thereto, as follows:

A. By mailing a copy of such notice to the appellant at the address set forth in the appeal, by ordinary U.S. mail;

B. By mailing a copy of such notice to the applicant (if one other than the appellant) by ordinary U.S. mail;

C. By mailing a copy of such notice to any person who has requested it and who has furnished the clerk with a stamped, pre-addressed envelope for such purposes; and

D. By posting a copy of such notice on the bulletin board adjacent to the Chambers of the Board.

(Ord. No. G-9359, § 17, 11-4-25)

A. The board shall hear the appeal and consider evidence presented by the appellant, the responsible authority, and any interested person at the time and place fixed in the notice of hearing.

B. With the consent of the appellant, the Board may continue the hearing from time to time.

C. Within fifteen (15) days after conclusion of the hearing, the Board shall declare its findings, if any, and decision. The clerk shall promptly transmit and post copies of same in the manner provided for notices in Section 17.48.480.

D. If relief on appeal is granted, the floodplain administrator shall send to the applicant, in the manner mentioned in Subsection 17.48.420(C), a notice over the signature of the floodplain administrator that:

1. The issuance of a variance to construct a structure below the regulatory flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage;

2. Such construction below the regulatory flood elevation increases risk to life and property; and

3. Any other relevant information prescribed by the floodplain administrator; and

4. A copy of such notice shall be maintained with the record of the variance action mentioned in subparagraph (D) following.

5. A copy of such notice shall be recorded by the floodplain administrator in the Office of the Kern County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

D. The clerk shall maintain a record of all actions taken by the Board on appeals.

(Ord. No. G-9359, § 17, 11-4-25)

This chapter shall take precedence over less restrictive conflicting ordinances or parts of ordinances. The Board of Supervisors of the county of Kern may, from time to time, amend this chapter to reflect any and all changes in the statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.C. Sections 4001 through 4128, or in the National Flood Insurance Program Regulations. The regulations of this chapter are intended to be in compliance with the National Flood Insurance Program Regulations, Parts 59 and 60 of Title 44 of the Code of Federal Regulations.

(Ord. No. G-9359, § 17, 11-4-25)