Saratoga Municipal Code Art. 8-45 Denial

If the officer to whom application has been made has cause to deny the application and determines that it would not be feasible or in the public interest to approve a temporary or provisional permit, then the officer shall deny the application.

A permit shall be denied if the applicant fails to demonstrate adequate conformity to the provisions of this Chapter. In addition, a permit can be denied for any of the grounds upon which the permit would be subject to revocation pursuant to Article 8-50.

The decision to deny the application shall be given to the applicant in writing, setting forth the findings upon which the decision is based. A copy of such decision shall be mailed to the applicant and shall also be furnished by mail to the City Manager.

Within thirty days from the date of deposit of the decision in the mail in accordance with Section 8-45.030, the applicant may appeal, in writing, to the County Executive, or the designee thereof, setting forth with particularity the ground or grounds for the appeal.

The County Executive shall set a time and place for the hearing on the appeal and shall notify the applicant, in writing, of such date and time, not later than ten working days from the date the appeal was received by the County Executive. A copy of such notice shall also be furnished to the City Manager. The hearing shall be conducted within thirty days from the date the appeal was received by the County Executive.

After the hearing on the appeal, the County Executive, or Designee thereof, may refer the matter back to the originating officer for a new investigation and decision, may affirm the decision of the originating officer, may approve a provisional permit as provided in Section 8-40.050 or may approve the application with or without conditions. The decision of the County Executive shall be the final administrative determination and is subject to judicial review. A copy of such decision shall be furnished to the City Manager.