8.17.10 Dispute Resolution Procedures

(1) Disputes regarding the actual boundaries of geologic hazards may arise when: (a) There is a conflict between the boundary lines illustrated on the Geologic Hazard Overlay Zone maps and actual field conditions; (b) Detailed investigations show that mapped hazards are not present within a particular area; (c) Field conditions indicate that unmapped hazards may exist that require further study. (2) The foregoing disputes shall be resolved in accordance with the following dispute resolution process: (a) The person disputing the geologic hazard overlay zone boundary or the presence of mapped or unmapped hazard(s) within a particular area shall submit technical and geologic evidence to support his/her claim to the Town of Daniel in the form of a Geologic Hazard report. (b) The Town of Daniel shall request the Utah Geological Survey, and/or other experts to review the evidence prior to making a decision concerning the dispute. The cost of the review shall be paid by the person disputing the map. (c) In the event that the expert who issued the Geologic Hazard report and the reviewing expert disagree, the property owner may request that a third party review be performed at their expense. In that event the two (2) experts shall agree on a third expert to make the determination. In the event the experts cannot agree on the third party reviewer then the mayor of the Town of Daniel shall name the third party reviewer. (3) Any decision of the Town of Daniel may be appealed to the Board of Adjustment pursuant to the appeal procedures set forth by Daniel municipal ordinance.