§ 14-294. Appeals of Administrator's decisions.

(a)

Right of appeal. Any applicant who is aggrieved by any action of the City in disapproving a request for use or development within a Chesapeake Bay Preservation Area as described on the submitted Chesapeake Bay Site Plan shall have the right to file an appeal of such action with the Director. Such appeal must be filed within 30 days from the date of the action appealed and must be accompanied by a fee of as set forth in Appendix A to this Code to be paid into the City treasury.

(b)

Scheduling of hearing. Within 15 days of the date on which the applicant files the appeal in the Office of the Director, the Director shall schedule a hearing thereon at which both the applicant and the City representative may be heard. Such hearing shall be scheduled no sooner than 30 days after the Director furnishes the applicant and the City representative with written notice of the date, time and location of the hearing.

(c)

Review and decision. The Director shall review the evidence and arguments by both the applicant and the City representative. Such evidence and arguments may be submitted in writing prior to the hearing or presented during the hearing. No later than 15 days after the hearing described in Subsection (b) of this section, the Director shall issue to the applicant and the Administrator a written decision affirming, reversing or modifying the action of the Administrator.

(d)

Judicial review. The decision of the Director shall be final, unless the applicant appeals such decision to the Circuit Court of the City of Richmond within 30 days of the date on which the Director issues such decision.

(e)

Administrative procedures. The Director shall develop procedures not inconsistent with this section for the administration of the appeals process set forth in this section.

(Code 2004, § 50-342; Ord. No. 2014-116-89, § 2, 5-27-2014)

(Code 2004, § 50-342; Ord. No. 2014-116-89, § 2, 5-27-2014)