To: Board of Supervisors
From: DHHS: Public Health
Agenda Section: Public Hearing
SUBJECT:
title
Appeal of the Division of Environmental Health's Denial of On-site Wastewater Treatment System Permit Application Submitted Dec. 18, 2018 by Mike McEnry for River Bar Road, Fortuna, CA. Assessor's Parcel Number (APN) 204-331-003
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Open the public hearing and receive testimony of the Division of Environmental Health (DEH) staff, the appellant, any affected persons and/or the testimony of their respective agents;
2. Receive public comment;
3. Close the public hearing;
4. Based on the evidence and testimony received, affirm DEH's action; and
5. Direct the Clerk of the Board to give notice of the decision to the permit applicant, the Director of DEH, the Director of the Building Division, and any other interested party.
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SOURCE OF FUNDING:
Public Health Fund
DISCUSSION:
This is an appeal of Humboldt County Department of Health and Human Services, Public Health Branch, DEH acting on behalf of the Health Officer's denial of an On-site Wastewater Treatment System (OWTS) permit. The denial was made because the proposed OWTS design did not meet the minimum 50-foot property line setback requirement and no consent for a reduced setback was granted by the adjoining property owner.
Humboldt County Code (HCC), Title VI, Division 1, Chapter 2, Section 612-3 provides for any affected party to request a hearing to appeal DEH's action.
On Feb. 4, 2019, DEH and the Board of Supervisors received a Notice of Appeal from Dustin Owens, attorney for Mike McEnry (Appellant), in accordance with HCC Section 612-3(a) and (b) requesting a hearing in the matter of an OWTS permit application denial for the property located at River Bar Road, Fortuna, CA APN: 204-331-003 (Attachment A).
On March 21, 2019, DEH pursuant to HCC section 612-3(c) issued and mailed out the Notice of Appeal Hearing to all ...
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