Any applicant, aggrieved by a decision as to action, provided for in § 154.05 and § 154.45 of this chapter, of the City Engineer or absence of the decision, may appeal the decision to the governing body of the City of Elephant Butte. The appeal shall be made by notice of appeal in writing addressed to the Municipal Clerk and delivered, or received in the office of the City Clerk-Treasurer within 30 days after the date of the decision was mailed to the applicant. The City Clerk-Treasurer shall notify the applicant and the City Engineer of the date time, and place of the appeal hearing at least 5 days prior to the hearing date. The hearing shall be conducted not earlier than 10 days or later than 30 days after final review of the engineering reports. At the hearing, the governing body may consider the facts, exhibits, and engineering principles as may be presented by the applicant or City Engineer or his or her designee, or of which the members may have knowledge or experience, and may affirm, reverse, or modify the decision appealed from, and attach as conditions to their decision the requirements as in their opinion may be necessary or appropriate in compliance with the policies of this chapter to safeguard persons and property from storm water runoff. The city may choose to have the engineering reports submitted by the City Engineer and the applicant's engineer reviewed by a neutral engineer. In that event, the time for deciding the appeal will be tolled for a reasonable period of time until the analysis from the neutral engineer is received. If the city chooses to refer the engineering report to a third party engineer, the person shall not have performed engineering work for either the applicant or the city within the previous 12 months. Any expense incurred by a third party engineer will be borne by the property owner. Each decision of the governing body shall be in writing and shall state reasons thereof. A copy of the decision shall be promptly mailed to the applicant and to the City Engineer.
(Ord. 77, passed 1-5-2005)