§ 15.16.040. Port Wardens hearings, decisions and appeals.  


Latest version.
  • A.

    Whenever an application is submitted to the Port Wardens, the Port Wardens shall hold a hearing on the application. The fee for an application for a Port Wardens hearing shall be set by resolution of the City Council.

    B.

    Upon receipt of a duly and properly filed application the Port Wardens shall cause notice of the hearing of the application to be published once in each week for two consecutive weeks in one newspaper of general circulation published in the City. The second advertisement shall be published at least seven days prior to the hearing. The first advertisement shall be published between eight and fourteen days prior to the hearing.

    C.

    The notice required by Subsection B. of this section shall specify the names and residency of the applicant, the location of the projected construction and description of the construction proposed and such other information as the Port Wardens shall direct. The notice also shall advise that an appeal from a decision of the Port Wardens is on the record of the proceedings made before the Port Wardens and that persons who may desire to appeal a decision of the Port Wardens shall provide a verbatim Transcript of the Port Wardens' proceedings. The cost of the publication of notice of hearing shall be borne by the applicant.

    D.

    Additionally, a sign indicating that a permit is being sought and stating the date and time of the meeting of the Port Wardens shall be posted on the property, both at the street and at the water, by the applicant at least ten days prior to the meeting of the Port Wardens and shall be removed by the applicant within ten days following the completion of the Port Warden's consideration of the application.

    E.

    The decision of the Port Wardens shall be based upon their judgment of testimony presented to them at the hearing, shall be in writing and shall contain the findings of fact upon which the decision is based. All decisions of the Port Wardens shall be filed with the City Clerk.

    F.

    The Port Wardens shall cause notice of their decision pertaining to an application to be published within two weeks in one newspaper of general circulation published in the City. The cost of the publication of the notice of decision also shall be borne by the applicant.

    G.

    A person aggrieved by a decision of the Port Wardens may appeal that decision to the Circuit Court of Anne Arundel County in accordance with Maryland Rules of Procedure, Title 7, Chapter 200.

    (Ord. O-22-04 § 1, 2004: Ord. O-26-03 § 1 (part): Ord. O-31-02 § 1 (part): prior code §§ 10-27(g), 10-28)

(Ord. No. O-48-09, § I, 10-21-2009; Ord. No. O-13-13, § I, 6-10-2013; Ord. No. O-7-18, § I, 4-23-2018)