(A) Any party aggrieved by the following actions of the City Manager, the Public Works Director or the city may appeal pursuant to this section:
(1) The denial of registration following the reconsideration process provided for in this subchapter;
(2) The denial of a permit under this subchapter;
(3) The issuance of a conditional permit under this subchapter, where the party disagrees with certain of the condition(s) imposed;
(4) The revocation of any permit under this subchapter;
(5) A decision pertaining to installation, relocation or removal of a facility pursuant to this subchapter; and
(6) The imposition of any fee, penalty or charge under this subchapter which the party believes to be invalid.
(B) The appealed action shall be reviewed, upon written request, by the City Manager, or his or her designee, who shall act within a period of ten days from the receipt of the written request. The appealing party shall be afforded the opportunity to be heard and present relevant evidence to the City Manager should it desire to do so, and the decision by the City Manager shall be in writing and provide the basis for the decision.
(C) Any party aggrieved by a decision of the City Manager pursuant to division (B) above may appeal the City Manager’s decision, in writing, to the Board of Commissioners within ten days of the City Manager’s decision. The appealing party shall be afforded the opportunity to be heard and present relevant evidence to the Board of Commissioners should it desire to do so, and the decision by the Board of Commissioners, shall be in writing and provide the basis for the decision. The written decision of the Board of Commissioners shall constitute a final administrative decision, which may be appealed to the Kenton Circuit Court within 30 days of the Board of Commissioner’s written decision.
(1984 Code, § 96.46) (Ord. O-04-20, passed 1-28-2020)