The Board adopted and enacted Ordinance on June 27, 2017. Section 5, Water Use Limitations, subsection (C) states: "If the [Public Works] Director grants a variance, the maximum permitted water consumption shall be as determined by the Director, and the civil penalty provisions prescribed in this Ordinance shall apply to the increased maximum permitted water consumption. The Director shall inform the water consumer seeking a variance of the decision within 30 days of the Director’s receipt of the request for a variance. Service of the Director’s decision shall be by first-class mail addressed to the water consumer at the address given by the water consumer in the request for a variance and shall be deemed received by the water consumer five days after the date of mailing. The water consumer may appeal the Director’s decision to the Shasta County Board of Supervisors (“BOS”) by filing an appeal. The water consumer’s appeal must be received by the Clerk of the Board within 30 days of the receipt by the water consumer of the Director’s decision. The Clerk of the Board shall set the matter for hearing before the BOS and shall inform the water consumer seeking a variance of the BOS’s of the date, time and place of the hearing of the appeal and shall inform the water consumer seeking the variance of the BOS decision. The BOS’s decision on the appeal shall be final."
Catherine B. McCandless submitted a request for a variance on July 30, 2017 and the Public Works Director denied the request on August 17, 2017. As the ordinance allows, on August 29, 2017 Ms. McCandless submitted a request to the Clerk of the Board to have the BOS consider her appeal to the denial of her variance request.
Ms. McCandless carries the burden of proving that the variance request should be granted. The BOS can consider all evidence, written or oral, presented and make an independent (de novo) determination of the request for the variance.