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(1) A person aggrieved by the issuance or denial of a development permit or variance or by the imposition of a civil penalty may appeal such action to the board. Any such appeal shall be in writing and must be filed with the board within 14 days of the transmittal of the administrator’s decision to the applicant. The appeal shall specify the reasons therefor. The administrator shall provide the board with the findings and documentation relating to the decision being appealed.

(2) The board, following a de novo hearing, shall affirm, modify or reverse the administrator’s decision. The appellant carries the burden of proof on appeal. The board shall reach a decision on the appeal within 21 days following the filing of the appeal unless the appellant consents to an extension of time. The board’s decision shall be in writing and shall contain findings of fact and shall be filed with the clerk of the town and a copy thereof shall be transmitted to the appellant.

(3) The decision of the board shall be final and conclusive unless within 14 days from the date of transmittal the original applicant or an adverse party files an appeal to the superior court for Wahkiakum County for a writ of certiorari, a writ of prohibition, or a writ of mandamus. The filing of such an appeal within such time limit shall stay the effective date of the order of the board until such time as the appeal shall have been adjudicated or withdrawn. Concurrently with filing such notice of appeal, the aggrieved party shall serve a copy thereof on the clerk of the town.

(4) Any appeal hereunder which is transmitted through the United States mail shall be deemed filed and received by the county on the date shown by the post office cancellation mark stamped upon the envelope or other appropriate wrapper containing it. (Ord. 377 § 4.5, 1996)