§ 11B-11. Appeals from refusal to issue permit or from revocation of permit.

(a)

Written petition for review; time for filing. Any person whose application for a permit is denied by the County Manager, or any permittee whose permit has been revoked in the manner herein provided, may appeal to the Dade County Fire Prevention and Safety Appeals Board by filing with the Secretary of the Board a written petition for review and setting forth therein the reasons why his application for said permit should have been granted or why the permit should not have been revoked. In either case, the Board shall have no jurisdiction to entertain any such appeal unless a written petition or request for review is filed with the Secretary of the Board within twenty (20) days after the date upon which the permittee receives notice that his permit has been revoked or the person receives notice that his application for a permit has been denied.

(b)

Hearing date.

(1)

In the case of an appeal from the denial of an application for a permit, the Board shall set such appeal for hearing at the earliest possible date not to exceed fourteen (14) days from the day on which the Secretary of the Board receives the written petition and shall cause notice thereof to be given to the applicant and the County Manager.

(2)

In the case of an appeal from the revocation of a permit, the Board shall set such appeal for hearing on a date not later than five (5) days from the date on which the Secretary of the Board receives the written petition and shall cause notice thereof to be given to the permittee and the County Manager.

(c)

Computation of time. In computing the period of time within which an appeal must be taken from the denial or revocation of a permit, the day of receipt of notice of said denial or revocation shall not be included, and in computing the period of time within which the Board must set a hearing date, the day on which the Secretary of the Board receives the written petition for appeal shall not be included. The last day of any period of time herein provided shall be counted, unless it is a Saturday, Sunday or a legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday nor a legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation when any period of time prescribed herein is less than seven (7) days; where said period is greater than seven (7) days, Saturdays, Sundays and legal holidays shall be included.

(d)

Hearing procedure; time for decision of Board. At all hearings, the Board shall hear and consider all facts material to the appeal, and thereafter the Board may affirm, reverse or modify the action or decision appealed from, provided that the Board shall not take any action which conflicts or nullifies any of the provisions of this chapter. In the case of an appeal from the denial of a permit, the Board shall render its decision within five (5) days from the date on which the hearing is concluded, and in the case of an appeal from the revocation of a permit the Board shall render its decision by the end of the day following the day on which the hearing is concluded notwithstanding that day may be a Saturday, Sunday or legal holiday.

(e)

Review. The decision of the Board shall be final, and no rehearing or reconsideration shall be granted. Any person, including the permittee and the County, whether or not a previous party to the decision, who is aggrieved by any decision of the Board may apply to the Circuit Court of Dade County for a review thereof by writ of certiorari in accordance with the applicable Florida Appellate Rules.

(Ord. No. 69-81, § 9, 11-19-69)