A. Any person, property owner, business, or agent of the aforementioned shall have the right to appeal any administrative decisions in this chapter to the municipal utility board, who shall make a recommendation to the city council regarding the issue on appeal.
B. All appeals must be in writing, submitted to the city administrator in sufficient time to appear on the next available municipal utility board agenda.
C. The person appealing shall be permitted to present evidence related to their appeal, including testimony of witnesses. The municipal utility board will listen to the evidence, may ask questions of the witnesses, and conduct any other investigation regarding the facts surrounding any appeal. The person appealing bears the burden, by a preponderance of evidence, to prove their case. Following the hearing of the municipal utility board, the board will provide its recommendation to the city council to consider. The municipal utility board shall place in the minutes its reasons for the recommendation it will provide to the city council.
D. The city council may adopt the recommendation of the municipal utility board, amend the recommendation of the municipal utility board, or deny the recommendation of the municipal utility board. The city council may direct the person appealing to appear before the city council to respond to questions or to provide clarification if necessary. The decision of the city council is final.
E. The city attorney shall be responsible to represent the city and its employees during any appeal to the municipal utility board and shall provide the city council with the recommendation of the municipal utility board. (Ord. 674, 5-12-2016)