A. In the event that an applicant is aggrieved by the decision of the city engineer in. the. computation of a drainage fee, or by the disapproval of a permit, or by the conditions imposed for approval of a permit required by this chapter, or by reason of the application, administration, or other requirements of this chapter, the applicant may, within fifteen days from the date of the decision of the city engineer or imposition of the drainage fee, appeal in writing to the city council. The clerk of the city council shall set a time for the hearing of such appeal, which hearing shall be held within thirty days from the date of receipt of the appeal, and shall mail or deliver notification to the appellant and the city engineer of the date at least two weeks prior to the date so set.
B. When the appeal is based upon the disapproval of a permit or the conditions imposed for approval of the application for a permit required by this chapter, it shall be incumbent upon the appellant to show to the satisfaction of the city council that denial of the permit or conditions attached thereto will cause undue hardship on the applicant, and will prevent him from making a reasonable use of the property; and that such structure so proposed will not impede, restrict, retard, or change the direction of the flow of water in the waterway; or will not catch debris carried by such water; or is not placed where the natural flow of the stormwater and flood water will carry away or damage the structure, or any part thereof; or will not damage, weaken, erode, or reduce the effectiveness of the banks to withhold stormwater and flood water; or will not interfere with facilities necessary for flood control and drainage; nor will it impose upon the city any liability therefor.
C. If the permit was denied by the city engineer because the work or activity, if completed, would prove. inconsistent with the general plan of the county or a specified drainage plan adopted by the city or the county, the permit shall not be granted on appeal unless the appellant, in addition to any other requirements of this section, shall prove to the city council that the work or activity proposed is not inconsistent with either the general plan of the county or a specific drainage plan.
D. The decision of the city council shall be final.
(Ord. 539 (part), 1988).