<div class="chunk-title">Sec. 59-39. - Appeals procedure before board of commissioners.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               If a shoreline protection officer denies a permit under this article or prescribes
               conditions to the permit, the applicant may, within 30 days of the denial or issuance
               of the permit (as the case may be), file an appeal with the board of commissioners.
               If a shoreline protection officer grants a permit under this article, any property
               owner whose property is or may be damaged by action to be taken under the permit may
               file, within 15 days from the issuance of the permit, an appeal with the board of
               commissioners. On receipt of any appeal, the board of county commissioners shall be
               entitled to consider the matter ab initio and may take any action which a shoreline
               protection officer could have taken under this article.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Upon an appeal to the board of commissioners, the board may provide for such oral
               or written presentations, or both, as it may deem appropriate. The board may reverse
               or affirm, wholly or partly, or may modify the action appealed from, and shall make
               such an order, requirement, decision or determination as in its opinion ought to be
               made in the premises.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               The board shall fix a reasonable time for the hearing of the appeal and shall notify
               all parties to the appeal (in person or by certified mail):
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Of the date of the appeal hearing, at least seven days in advance thereof; and
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Of the final disposition of the appeal.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               The chairman of the board of commissioners, or any member of the board while temporarily
               acting as chairman, is authorized in his official capacity to administer oaths to
               witnesses upon any appeal coming before the board under this article. The board may
               authorize the chairman to issue subpoenas to compel the attendance of persons before
               the board, and the production of books and papers, for the purpose of examination
               in connection with any appeal to the board under this article. A full and complete
               record of all proceedings upon any such appeal shall be taken by a reporter appointed
               by the board or by any other method approved by the county attorney. No decision or
               order of the board shall be made in any such proceeding unless it is supported by
               competent material and substantial evidence upon consideration of the whole record.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               Following the hearing of any such appeal, the board of commissioners shall afford
               the parties a reasonable opportunity to submit within such time as prescribed by the
               board proposed findings of fact and conclusions of law. All orders and decisions of
               the board shall set forth separately the board's findings of fact and conclusions
               of law.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               As provided by general law, every decision of the board of commissioners on such an
               appeal shall be subject to review by the superior court of the county by proceedings
               in the nature of certiorari. Pending the final disposition of such appeal, no action
               shall be taken which would be unlawful in the absence of a permit issued under this
               article.
               </p>
            		
            <p class="historynote0">
               (Code 1978, Â§ 4-26)
               </p></div>