§ 10.04.11. Public Hearings

A.

Appeals and public hearings for wellfields.

1.

Public hearings.

a.

Public hearings shall be required for:

i.

The issuance of a wellfield conditional use permit;

ii.

An appeal from an adverse administrative determination on issuance of a certificate to operate filed with the County Manager within 30 days of issuance of the administrative determination; and

iii.

County-initiated revocation or revision of a certificate to operate, a wellfield conditional use permit or wellfield exemption.

b.

Standards for Public hearings:

i.

Appeals from adverse administrative determinations, applications for wellfield conditional use permits and county-initiated revocation or revision proceedings shall be considered for approval, approval with conditions or denial by the board as a public hearing matter and shall be scheduled for public hearing in the same manner as an application for zoning atlas amendment and in accordance with Collier County Ordinance No. 82-2, and as may be amended or superseded, and when effective, the Collier County Unified Land development Code.

2.

Notice of public hearing.

a.

Notice to the public.

i.

Public notice shall be given in the same manner as for any ordinance affecting the use of land as set forth in F.S. § 125.01, and as required for an application for zoning atlas amendment as required in section 3.06.05 hereof and in accordance with Collier County Ordinance No. 82-2, and as may be amended or superseded, and when effective, the Collier County Unified Land development Code.

ii.

The unintentional failure of the owner/operator seeking approval of a wellfield conditional use permit or appealing an adverse administrative determination, to notify the contiguous property owner(s) or other persons shall not be grounds for a continuance of the hearing, nor in any way affect any action taken at such hearing.

b.

Notice to owner/operator.

i.

Notice of public hearing arising from county-initiated revocation or revision proceedings shall be served upon the owner/operator by certified return receipt mail no less than 15 days prior to the hearing.

ii.

The notice shall contain the following information:

(a)

Name and address of the owner/operator; and

(b)

A description of the regulated development ; and

(c)

Specific citations to the section(s) applicable of the LDC alleged to be the basis of the proposed revocation or revision; and

(d)

The time, place and date of hearing; and

(e)

The following statements:

(i)

"Failure to attend may result in an Order being issued which may be adverse to your interest."

(ii)

"All parties shall be given the opportunity to present witnesses and evidence in support of their position and to cross examine witnesses."

(iii)

"Pursuant to Section 286.0105, Florida Statutes, notice is hereby given that appeals from any decision of the County Commission with respect to any matter considered at the public hearing, will require a record of the proceedings and may require that a verbatim record of the proceedings be made."

(f)

The name and signature of the County Manager.

3.

Decisions by the Board.

a.

At all public hearings, the Board shall hear and consider all facts material to the application, petition or appeal and shall thereafter issue a decision based upon the greater weight of substantial competent evidence.

b.

The board may affirm, reverse or modify the action or proposed action of the County Manager.

c.

In all cases the board shall render a decision within 14 working days from the date on which the hearing is concluded which shall be the final administrative action on behalf of the County.

d.

Any person who is a party to the proceeding before the board may apply to a court of competent jurisdiction for review in accordance with applicable Florida Rules of Civil Procedure and Florida law.

e.

There shall be no administrative review on behalf of the County other than that review specifically provided in this section.