§ 20-5-128. APPEALS.

(a)

Upon reasonable notice in accordance with its rules and the provisions of the County Charter, the Board shall determine whether or not the determination, decision, order, or notice, which is the subject of review, is proper or correct. The Board, by a majority vote thereof, shall have the power and authority to reverse or affirm, wholly or partly, or may modify the determination, decision, order, or notice appealed from and may give or make such determination, decision, order, requirement, or notice as ought to be made. Provided, however, that nothing contained herein shall be taken or construed as authorizing the Board to waive, set aside, or in any manner change any specific provision or provisions of this title.

(b)

Any party appealing any decision to the Board of Appeals shall, within ten (10) days after filing the notice, file a petition setting forth, with reasonable particularity, the grounds for such appeal and the reasons why the action appealed from should be reversed or modified. Failure to file the petition required herein shall be grounds for dismissal of the appeal.

(c)

The county shall be made a party to all such appeals, and copies of the notice of appeal and petition shall be served on the Engineer and the County Attorney.

(d)

Hearings before the Board of Appeals shall be de novo.

(1988 Code, § 35-313) (Bill No. 30-03, § 1, 7-1-2004)