Many construction and demolition (C&D) diversion ordinances include an “appeals” section to clarify upfront what the process will be if an applicant chooses to appeal a decision made regarding:
- Granting or denying an exemption.
- Determining an applicant’s level of good faith shown in complying with the ordinance.
- The amount of deposit the compliance officer determined to be appropriate.
This section would not only give an applicant the right to appeal such a decision, but would also spell out what the process is for making an appeal. Including this section will provide clarity and add flexibility to the ordinance in how applicants and the jurisdiction will handle any special circumstances that occur that make it difficult, or impossible, for an applicant to comply with the ordinance requirements.