15.08.030 Kenosha county sanitary board of review.
(1) Appeals. Any person, firm or corporation aggrieved by an order, requirement, interpretation or determination made by the County Sanitarian with respect to this ordinance may appeal such a decision to the Kenosha County Board of Sanitary Review in accordance with Chapter 68 of the Wisconsin Statutes. To this end:
(a) The Kenosha County Board of Sanitary Review shall be comprised of the same members as the Kenosha County Department of Planning and Development Board of Adjustments and the terms of office of these two (2) boards shall be identical.
(b) Application to Appeal. The applicant desiring to appeal a decision shall request in writing to the Sanitarian a written denial and must file the appeal within thirty (30) days of the date of action taken in accordance with Section 68.10 of the Wisconsin Statutes. The request to appeal must be done on an application provided by the Department of Planning and Development, Division of County Development and delivered directly to the Sanitarian with payment of the appropriate fee.
(c) Public Hearing Schedule. The Board of Sanitary Review shall provide the appellant with a hearing within fifteen (15) days of the Board’s receipt of the appeal and shall notify the appellant by mail at least ten (10) days prior to the hearing. It will be preferred by the Board to hold Board of Sanitary Review hearings immediately after the regularly scheduled Board of Adjustment hearings. If the time table of scheduling such a hearing cannot be accomplished, then the time for review may be extended by written agreement with the person aggrieved. The hearing shall be conducted in accordance with Section 68.11 of the Wisconsin Statutes.
(d) Final Decision. Final determination of the Board’s decision shall be given to the appellant within twenty (20) days of the hearing conducted under Section 68.11 and the filing of briefs, if any, the decision made shall be mailed or delivered to the appellant the Board’s written determination stating the reasons therefore. Such determination shall be a final determination.
(e) Judicial Review. Judicial review of the decision by any party to a proceeding resulting in the final determination may seek review thereof by writ of certiorari within thirty (30) days of receipt of the final determination in accordance with Section 68.13 of the Wisconsin Statutes.
(f) Variances. Variances to the provisions of this ordinance may be made when the Sanitary Board of Review has made a finding that an unnecessary hardship will result from the literal enforcement of this ordinance. The Board may not however, grant a variance that would relax the requirements of any section of the Wisconsin Administration Code unless the state agency having jurisdiction over that section of the code has first authorized the variance. [Code § 15.08-3, 2018.]