(A) The Council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision or determination made by the Agency in the administration or enforcement of any of the provisions of this title. If an applicant is denied a permit under this title, he or she may appeal the denial in accordance with the following procedure:
(1) An appeal from any order, requirement, decision or determination of the Agency shall be in writing and shall be filed in triplicate in the office of the Agency. The written appeal must set forth specifically wherein it is claimed the Agency erred or abused its discretion or wherein its decision is not supported by the evidence and material presented to it;
(2) Any appeal not filed within ten days from and after the date of the order, requirement, decision or determination from which the appeal is taken shall be dismissed by the Council. With five days from and after filing of the appeal, the Agency shall transmit to the City Council all papers involved in the proceedings and two copies of the appeal, including such supplementary report as it may deem necessary to present clearly the facts and circumstances of the case. A copy of the report shall be mailed certified, postage prepaid to the appellant four days prior to the hearing;
(3) Upon receipt of the papers, including the Agency’s report, the Council shall set the matter for hearing no later than 15 days from the date of its receipt of the papers and give notice by mail of the time, place, date and purpose thereof to appellant and any other interested party who has requested in writing to be so notified and no other notice need be given;
(4) Upon the date set for the hearing, the Council shall hear the appeal, unless for cause the Council shall on that date continue the matter. No notice of continuance need be given if the order therefor be announced at the time for which the hearing was set;
(5) Upon the hearing of the appeal, the Council may affirm, reverse, change, add to or modify the Agency’s ruling, decision or determination appealed from or in lieu thereof may make such other or additional determination as it deems proper in the premises, subject to the same limitations as are placed upon the appellant by this title and by any other provisions of law;
(6) The Council may affirm the Agency’s decision if it finds that any of the following conditions exist concerning the application in question:
(a) The drilling or redrilling of the well will be of serious disadvantage to the city and its inhabitants or detrimental to the public welfare by reason of:
1. The location of the proposed well and the character and value of the permanent improvements already erected on the property upon which it is proposed to drill such well;
2. The use to which such property is adapted for civic or other purposes, for sanitary reasons, for fire protection or for the protection of the common convenience, prosperity and welfare of the inhabitants of the city as a whole; or
(b) Any other conditions which the Council deems to be detrimental to the health, safety and welfare of its citizens.
(B) The decision of the Council upon appeal shall be final.
(`78 Code, § 14.32.070.)