§ 18-273. Denial, suspension and revocation of operating permit.

(a)

An operating permit or an application for an operating permit under this article may be denied, temporarily suspended, or revoked by the operating permit officer only for due cause as defined in subsection (a) of this section.

(1)

If an operating permit is denied, temporarily suspended, or revoked by the operating permit officer, the reasons for such denial, suspension, or revocation shall be set forth in writing and mailed by certified mail to the applicant or permit holder at the last known address provided in writing by the applicant or permit holder. The applicant or permit holder shall have 30 days following the decision date contained in the notice of denial or suspension to file an appeal in writing with the operating permit officer. The operating permit officer shall forward any such appeal to the operating permit appeals board which shall consist of the members of the development waiver review committee referenced in the Paulding County Development Regulations. The appeals board shall hold an informal de novo hearing within 60 days of the filing of the appeal, shall thereafter render a decision in writing, and mail the same by certified mail to the applicant or permit holder at the last known address provided in writing by the applicant or permit holder. If the appeals board affirms the decision of the operating permit officer, then the operating permit shall remain denied, suspended, or revoked. If the decision of the operating permit officer is reversed, then the operating permit shall be issued or reinstated. Alternatively, the appeals board may elect to issue or reinstate the operating permit subject to such reasonable conditions as it deems appropriate.

(2)

If an applicant or permit holder desires to appeal the decision of the appeals board, he or she shall file an appeal in writing with the clerk of the board of commissioners within 30 days of the written decision date of the appeals board. The appeal shall set forth in writing the grounds and argument upon which the applicant or permit holder is relying. In the event of such an appeal, the appeals board shall forward its records pertaining to the matter to the board of commissioners for their review. Thereafter, the board of commissioners shall review the decision of the appeals board and render a decision on the appeal at a regularly scheduled meeting. It is within the discretion of the board of commissioners to receive oral argument or to render a decision based upon the record and written appeal alone.

(3)

Appeals from the decision of the board of commissioners shall be by writ of certiorari to the Paulding County Superior Court pursuant to O.C.G.A. § 5-4-1, et seq.

(b)

An operating permit or application therefor under this article may be denied, temporarily suspended, or revoked only if one or more of the following exists:

(1)

The applicant or permittee has failed to obtain any certificate, approval, or document necessary as may be required by any office, agency or department of the county, state or United States under authority of any law, ordinance or resolution of the county, state or United States.

(2)

The applicant or permittee has supplied false information to the operating permit officer or the board of commissioners.

(3)

The applicant or permittee has violated any county, state or federal law, or any ordinance or resolution regulating the telecommunications tower, antenna or billboard.

(4)

The applicant or permittee has failed to pay any fee required under this article, has failed to make a return or pay a tax due to the Paulding County Tax Commissioner in connection with its business or any predecessor business (to include, without limitation, occupational tax or real or personal property ad valorem tax), or has otherwise failed to comply with the provisions of this article; provided, however, that an operating permit may not be denied, suspended or revoked under this article with respect to ad valorem taxes (whether real or personal property) (i) due in the current calendar year; (ii) presently the subject of lawful appeal; or (iii) not collectible by virtue of duly enacted statute, ordinance, or other law. For purposes of this subsection (b)(4), a predecessor business (whether a sole proprietorship, corporation, partnership, or other entity) shall be a business engaged in substantially the same or related business as the applicant and from whom the applicant acquired title to or possession of a substantial portion of its business property, either directly or indirectly, whether real or personal, and for which taxes are outstanding.

(5)

There are conditions on the licensed premises or in the business operations conducted thereon that endanger public health or safety.

(6)

The applicant or permittee fails to cooperate with any officer, agent or employee of the county who is authorized or directed to inspect the premises used for or in connection with a telecommunications tower, antenna or billboard.

(Res. No. 11-06, § 2, 3-22-2011)