13.  MEDIATION AND APPEALS

 

13.1.                    Mediation:

13.1.1.  Purpose: To provide a method and procedure short of formal appeal or judicial action to resolve issues and concerns specific to a land use application between interested parties pursuant to IC 67-6510.

13.1.2.  Invoking Mediation: During any phase of the processing of an application for which public hearing is required by this ordinance, but prior to the rendering of a final decision, mediation may be invoked by the applicant or an affected person by submitting written request to the administrator.

13.1.3.  Effect of Invoking Mediation: Upon agreement to mediate, all processing of the affected application will stop and any public hearings scheduled will be canceled. Any time limitations affecting processing the application will cease. The mediation process will not be part of the official record regarding the application.

13.1.4.  Agreement to Mediate: Where an applicant or a party affected by the application invokes mediation and those parties agree, at least one meeting between the affected parties will be held within fifteen days to attempt resolution, to forego mediation or to select and retain a professional mediator. Within thirty days of invoking mediation, the administrator will be informed as to whether resolution has been reached or if agreement is reached that mediation is to continue. In the event the administrator is not notified within thirty days, the application will be deemed to have been withdrawn.

13.1.5.  Concluding Mediation: At the conclusion of mediation or when either the applicant or the affected party choose not to proceed further with mediation efforts, the applicant will notify the administrator that mediation has been concluded, submit any amended documentation, and remit additional public notification expenses as agreed by all parties. Application processing will proceed as follows:

13.1.5.1.        If mediation was invoked prior to a decision or recommendation having been rendered by the planning and zoning commission, the application will be re-scheduled for public hearing before the planning and zoning commission.

13.1.5.2.        If mediation was invoked subsequent to a recommendation by the planning and zoning commission, the application will be scheduled for public hearing before the board of county commissioners.

13.2.                    Appeals:

13.2.1.  Purpose: To establish consistent procedures by which those adversely affected by decisions rendered as established by this ordinance may be adjudicated in an efficient, fair and timely manner.

13.2.2.  Establishment of Authority: The board of county commissioners is the first body of authority in considering and deciding an appeal of the provisions established herein, and all methods of relief established by this chapter will be exhausted prior to seeking redress in a court of law.

13.2.2.1.        Establishment of Standing to Appeal: Any person or group adversely affected by a decision required by this ordinance has the right to appeal.

13.2.3.  Notice of Appeal to be Filed: Any person aggrieved by a decision rendered pursuant to this ordinance will, within seven working days of the decision being rendered, file notice of appeal with the board of county commissioners. This notice will be in the form of a letter and contain, at minimum, the following:

13.2.3.1.        The appellantís name, address and telephone number

13.2.3.2.        The specifics of the decision in dispute, including the file number and date decision was rendered.

13.2.3.3.        A summary of the reasons that the decision may be flawed or that procedural errors have been committed.

13.2.3.4.        The action expected of the county to resolve the appeal or satisfy a grievance.

13.2.4.  Administration:

13.2.4.1.        Upon receipt of a notice of appeal, the board of county commissioner clerk will, within five working days, provide copies of the appeal to each member of the board of county commissioners and to the administrator and schedule a review of the appeal on the next available agenda of the board of county commissioners to determine if the appeal has merit and should continue forward or be dismissed; and, if to proceed forward, whether the matter is to be heard in open meeting or public hearing. If the reason for the appeal is due to procedural errors, the administrator will inform the board of county commissioners steps available by which to remedy the errors and county commissioners may direct that such steps be carried out, thus resolving the appeal.

13.2.4.2.        Following the appeal review, the administrator will notify the appellant by mail, first class postage, of the decision of the board of county commissionerís and, if the decision is to proceed, applicable fees to be required. The appellant will have ten days from the date of mailing to remit fee to the administrator to continue with the appeal process. If the applicable fee is not received, the appeal will be deemed void.

13.2.4.3.        Upon receipt of applicable fee, the administrator will schedule the matter on the next available agenda of the board of county commissioners and provide the appellant, affected parties, and each member of the board all documentation on file regarding the application and the decision rendered, and a staff analysis addressing the specifics of the appeal. If the appeal is to be considered in public hearing, public notice will be sent pursuant to Section 21.

13.2.4.4.        The appellant and those affected may request from the administrator, at their own expense, copies or transcripts of the audio record of any public hearing pertinent to the decision rendered, submitting such request in writing, within five working days from the date notice of hearing was mailed. Cost of audio record and transcription will be as established by the Boundary County Clerk of Court,.

13.2.5.  Appeal Hearing: Appeal hearings will be conducted in accordance with the procedures for quasi-judicial public hearings established at Section 21, this ordinance, with the appellant filling the role of applicant. Following an appeal hearing, the commission may, at its discretion, direct the affected parties to enter into mediation and table proceedings on the appeal until such mitigation is concluded.

13.2.6.  Decision: Upon conclusion of an appeal hearing, the board shall, within thirty days, render a written decision, providing a reasoned analysis of the facts and findings used to reach the decision. The board may, but is not limited to:

13.2.6.1.        Uphold the appeal, overturning the initial decision that prompted the action.

13.2.6.2.        Deny the appeal, upholding the initial decision.

13.2.6.3.        Modify the decision so as to mitigate the grievance.

13.2.7.  Judicial Relief: Any person aggrieved by a decision rendered as a result of an appeal hearing may seek judicial review pursuant to Rule 84, Idaho Court Rules, or other relief as established by the court.