§ 10.00.06. Reconsideration of Matter by the Administrator

A.

Reasons for Reconsideration

1.

In the case of fraud or misrepresentation regarding Administrator action, when the specified appeal period has expired and no appeal was filed, the Administrator may reopen and reconsider determinations made concerning nonconformities. In cases where it is reasonable to conclude that there was 1) misrepresentation, 2) fraud, or 3) mistake, the following procedure shall be used:

a.

The Administrator shall notify the affected property owner that the previous decision is being reconsidered. Written notice shall be provided by proof of mailing to all owners-of-record of property immediately adjacent to the property, as well as across the road.

b.

Anyone so noticed, including the affected property owner, shall be given 30 days in which to supply the Administrator all the materials to be used in making a determination. Such parties shall have the right to appeal the Administrator's decision to reopen the matter, before a new determination is made.

c.

The Administrator may, if necessary, hold a meeting with appropriate parties to discuss the materials.

d.

Within a reasonable period of time, the Administrator shall make a written determination and shall send said written determination to all parties who previously received notice.

e.

The normal 30-day appeal period will be in effect following the written decision.

(Ord. No. 09-62, Item J, 10-26-09, eff. 2-1-2010)