Yuba County Municipal Code Art. 4 Violations and Severability

The disposal of sewage in violation of the terms of this Chapter and/or the standards established in this Chapter is hereby determined to constitute a public nuisance and its maintenance and operation may be abated by any appropriate proceeding permitted by State or County law as defined in County Property Maintenance Ordinance Chapter 7.36, Article 3 Public Nuisance, Section 7.36.310—Conditions creating (5).

(Ord. No. 1571)

Any person whose application for a permit under Section 7.204 has been denied or granted conditionally may appeal to the Appeals Board. The Appeals Board shall consist of five members appointed by the Board and holding office at its pleasure to wit: a contractor licensed to install private sewage disposal systems in California; a Registered Environmental Health Specialist; a Medical Doctor; a Registered or Professional Civil Engineer; and a member of the public. The Appeals Board shall designate one of these members as its chairman.

1. To be effective, an appeal must be written and delivered to the Yuba County Environmental Health Department within 30 calendar days after the date of the action being appealed. Appeals that do not comply with this paragraph (1) will be rejected. Filing of an appeal that is rejected will not toll the time within which an appeal must be filed.

2. The written appeal shall include a statement explaining the grounds for appeal. Only the following grounds will be considered: (a) disputed issues of fact; and (b) disputed interpretations of statutes, ordinances, and other laws and regulations so long as appellant's interpretation does not waive the requirements of this Chapter or, of any regulations properly issued if such waiver would result in a violation of mandatory state laws or regulations. The written appeal shall also include a copy of the plans and specifications for the proposed septic system; a site-evaluation report describing the location and physical characteristics of the site (e.g., soil type, water table) for the proposed system; and the appellant's name, phone number, and mailing address.

3. At the hearing, the appellant may present any written, oral, or physical evidence that bears on the issues set forth in the written appeal. The appellant may appear personally or be represented by an appropriate and qualified consultant.

4. The Appeals Board shall adopt reasonable rules and regulations for its investigations, meetings, and hearings. These rules and regulations shall include the following minimum provisions:

A. A hearing on an appeal shall begin within 30 calendar days and conclude within 45 calendar days after the appeal is received by the Department.

B. Notice of hearing shall be mailed to the appellant and his or her representative at least ten calendar days before the scheduled hearing.

C. At any time before the hearing begins, the appellant may move, orally or in writing, to disqualify an Appeals Board member from participating. The challenged member shall be disqualified if the remaining members find by a majority that a fair and impartial hearing cannot be had because of the challenged member's bias or conflict of interest, and the remaining members shall proceed with the appeal. If more than two members are disqualified, the Board shall appoint temporary replacements who have the same general qualifications as the disqualified members. The replacements shall hear only the appeal for which they are appointed.

D. The Appeals Board shall not hear an appeal unless at least three members are present. After the hearing, the Appeals Board shall do one or more of the following: affirm the action under appeal, in whole or in part; reverse the action under appeal, in whole or in part; or modify the action under appeal, in whole or in part. Any action by the Appeals Board shall be by vote of at least a majority of the members who hear the appeal.

E. The Appeals Board shall prepare a written decision, which shall include findings of fact, and shall provide both the Director and appellant with a copy of the decision within 20 calendar days after the hearing.

F. The Director shall serve ex officio as secretary of the Appeals Board.

G. The Appeals Board may, at their discretion, visit the site for the proposed septic system before rendering its decision.

5. All decisions by the Appeals Board are final. There is no right of appeal to the Board.

6. The Appeals Board shall not waive the requirements of this Chapter or, of any properly issued regulations if such waiver would result in a violation of mandatory state laws or regulations.

7. When hearing and deciding an appeal, the Appeals Board shall give priority to protecting public health and the quality of ground and surface waters within the County.

(Ord. No. 1571)