(A) Applicability. Appeals may be filed pursuant to this section related to interpretations of this chapter, decisions of the City Engineer related to the final denial, suspension, or revocation of a permit, or if the applicant believes that the final denial of a permit materially inhibits the provision of service in violation of the Telecommunications Act of 1996 (47 U.S.C. §§ 253 or 332). However, the appeal process provided by this section shall not be available for criminal violations of this chapter. An appeal filed pursuant to this section does not postpone the effectiveness of the final decision of the City Engineer regarding denial, suspension or revocation of a permit. The City Engineer's decision is the final decision under Tex. Local Govt. Code § 284.154(d). The City Engineer may adopt rules regulating the process and requirements for appeals.
(B) Appeal to City Manager. A permittee or applicant may appeal interpretations or decisions referred to in division (A) above by filing a written appeal with the City Manager within seven business days of receipt of denial, suspension, or revocation of the permit. An appeal filed pursuant to this section shall specifically state the basis for the aggrieved party's challenge to the City Engineer's interpretation or decision under this chapter. The City Manager may adopt rules regulating the process and requirements for appeals.
(C) Issuance of decision by City Manager. Decisions of the City Manager shall be issued within ten business days of receipt of the written appeal. Decisions of the City Manager shall be final. Failure to render a decision shall constitute a denial.
(Ord. O-23-978, passed 7-17-2023)