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 Flagler Beach
 Code of Ordinances
 Appendix A. LAND DEVELOPMENT REGULATIONS
 Article VII. SIGNS

  § 7.02.03. Appeals.  

Latest version.

  • A.

    Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by the city manager or designee in the enforcement and application of any provision contained within this article pertaining to sign permits (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party may file a written appeal to the city commission.

    B.

    The written appeal, together with any appeal fee as may be set by resolution of the city commission, shall be filed with the city clerk within thirty (30) days of the date of the alleged error. The written appeal shall describe the alleged error and the applicable provisions of the article pertaining to the city manager or designee's order, decision, requirement or failure to act.

    C.

    The city commission shall hold a hearing within forty-five (45) days following receipt of the written appeal, not counting the day of receipt and not counting any Saturday, Sunday, or legal holiday, which falls upon the first, or the 45th day after the date of receipt.

    D.

    The city commission shall render a decision within ten (10) days following the hearing.

    E.

    If the city commission does not render a decision within ten (10) days following the hearing, the appeal shall be deemed denied.

    F.

    Failure to appeal the decision of the city manager or designee to deny a sign application shall not be deemed a failure to exhaust administrative remedies. The applicant may choose to proceed directly to a judicial action once the sign application has been denied by the city manager or designee.

    G.

    Once a decision is appealed to the city commission, the city manager or designee shall take no further action on the matter pending the Commission's decision, except for unsafe signs that shall present an immediate and serious danger to the public in which case the city may pursue any proper legal remedy available to it.

    H.

    All decisions shall be mailed, transmitted electronically or hand delivered to the applicant. The city shall keep a record of the date of mailing, electronic transmittal or hand delivery.

(Ord. No. 2010-15, § 2, 11-18-10)