(a) Any person may request, in writing, an interpretation or ruling by the Director of Public Works and Services on any provision of this chapter and shall be entitled to a prompt written reply. If the inquiry deals with the imposition of civil penalties or termination of service proceedings resulting from a violation of this chapter, receipt of the person’s request shall suspend all such proceedings pending receipt of the Director’s written reply.
(b) If the findings, orders or decisions of the Director pursuant to this chapter are not acceptable to any person, such person may appeal as provided in this division. Two professional engineers shall be chosen, one by the person and the other by the Director. Neither engineer shall be a regular employee of either principal. The engineers, acting as referees, shall be provided with a certified copy of the complaint and the decision of the Director. The engineers shall investigate the complaint, affirm or reject the findings of the Director and, within a reasonable time, file a report of their decision with the Director. If the engineers are unable to agree, they shall choose a third professional engineer and the decision or recommendation of the majority shall be reported to the Director. The Director’s decision shall be final and shall be reported to the principals. The fees and expenses of the engineer appointed by the person shall be paid by such person. The fees and expenses of the engineer appointed by the Director shall be paid from funds appropriated by the city. The fees and expenses of the third engineer shall be equally divided between such person and the city.
(c) Any final order issued pursuant to this chapter may be appealed in accordance with local and state law.
(Ord. 86-32, passed 6-23-1986)