§ 152.39 APPEALS.
   (A)   A person who, as follows, may have the denial, revocation or fee imposition reviewed by the City Council, upon written request. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation or fee imposition must be in writing and supported by written findings establishing the reasonableness of the decision:
      (1)   Has been denied registration;
      (2)   Has been denied a right-of-way permit;
      (3)   Has had its right-of-way permit revoked; or
      (4)   Believes that the fees imposed on the user by the city do not conform to the requirements of law.
   (B)   Upon affirmation by the City Council of the denial, revocation or fee imposition, the right-of-way user shall have the right to have the matter resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the city and the person. If the parties cannot agree on an arbitrator, the matter must be resolved by a three-person arbitration panel made up of one arbitrator selected by the city, one arbitrator selected by the person and one arbitrator selected by the other two arbitrators. The costs and fees of a single arbitrator shall be borne equally by the city and the person. In the event there is a third arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third arbitrator and of the arbitration.
   (C)   Each party to the arbitration shall pay its own costs, disbursements and attorney fees.
(Ord. 2004-09, passed 11-23-2004 ; Ord. 2019-02, passed 1-8-2019)