Plumas County Municipal Code Art. 3 Appeals

Decisions on exceptions from the sections of this code which implement the SRA Fire Safe Regulations may be appealed in writing to the Board, within ten (10) days after the decision by:

(a) The applicant;

(b) Any owner of real property within 300 feet of the exterior boundaries of the property involved who was present at any hearing held for an exception or who presented written testimony for that hearing, or who may be adversely affected by the decision;

(c) Such other person whom the Board determines to have been adversely affected by the decision; or

(d) Any interested County department head, the headquarters of the Ranger Units of the California Department of Forestry and Fire Protection which administer State Responsibility Area fire protection in Plumas County, local fire protection entity.

(§ 1, Ord. 91-762, eff. October 3, 1991)

Appeals shall be initiated by filing a written notice of appeal with the Clerk of the Board, paying the fee therefor, and stating in the written notice of appeal the reasons why the decision on the exception should be amended, modified, or reversed. Such reasons shall be based upon the evidence presented at the original hearing or upon evidence presented to the Planning Director or Building Official at the time of his decision, or shall be based on evidence of adverse effects on the appellant, if not the applicant, of the decision. The failure of the appellant to present such reasons shall be deemed cause for the denial of the appeal.

(§ 1, Ord. 91-762, eff. October 3, 1991)

Notices of hearings on appeals from decisions on exceptions from the sections of this Code which implement the SRA Fire Safe Regulations shall be given by the Clerk of the Board, as provided in Article 11.5 of Chapter 2 of Title 9 of this Code, commencing with Section 9-2.1151, with the appellant considered to have filed a written request for notice as provided for in Section 9-2.1153 of that article.

(§ 1, Ord. 91-762, eff. October 3, 1991)

The Board may assume the jurisdiction of any matter which may be decided by the Zoning Administer or the Commission by a simple majority vote of the quorum at any time prior to a decision. Upon the assumption of jurisdiction by the Board, a hearing shall be scheduled and notice shall be given by the Clerk of the Board as provided in Article 11.5 of Chapter 2 of this title.

(§ 1, Ord. 91-762, eff. October 3, 1991)

If an appeal made under this article is granted the Board shall make findings that the decision meets the intent of providing defensible space consistent with the SRA Fire Safe Regulations. The findings shall include a statement of reasons for the decision. A written copy of the findings shall be provided to the headquarters of the Ranger Units of the California Department of Forestry and Fire Protection which administer State Responsibility Area fire protection in Plumas County.

(§ 1, Ord. 91-762, eff. October 3, 1991)