§ 55.039 APPEAL OF SEWER TAP PERMIT DENIAL.

   Any person denied a sewer tap permit under § 55.036(B) or (C) of may appeal the denial to the City Board of Public Works and Safety in accordance with the procedures established in §§ 55.305 and 55.306 with the following additional requirements:

   (A)   Any person denied a sewer tap permit under § 55.036(B) shall include all the information required by § 55.306(A)(2) in the written request for appeal required by § 55.306(A)(2). Additionally, the written request for appeal shall also meet the following requirements:

      (1)   The appeal shall include the reasons given for the denial; and

      (2)   The appeal shall include the reasons why such denial should be reversed. Such reasons may include a showing that the sewer pipe composition or installation method proposed, while not in conformity with the provisions of this chapter, is, nevertheless, equivalent to the standards set out in this chapter; and

      (3)   The appeal shall contain such additional information as is sufficient to allow the City Engineer to review the petition prior to the appeal hearing and make a recommendation to the Board of Public Works and Safety as to whether sufficient cause is shown to issue a sewer tap permit. The City Engineer may request the appellant to supply such additional test data or other information as is necessary in order to enable the City Engineer to make a recommendation to the Board. Costs associated with supplying test data or other information requested by the City Engineer shall be the responsibility of the appellant.

   (B)   Any person denied a sewer tap permit under § 55.036(C) shall include all the information required by § 55.306(A)(2) in the written request for appeal required by § 55.306(A)(1). Additionally, the written request for appeal shall also meet the following requirements:

      (1)   The appeal shall include the reasons given for the denial; and

      (2)   The appeal shall include the reasons why such denial should be reversed. Such reasons must include documentation that the conditions described in § 55.036(C)(1) through § 55.036(C)(7) cannot occur; and

      (3)   Where the tap permit was denied based on §§ 55.036(C)(1) through (C)(3) or 55.036(C)(6) through (C)(7); the appeal shall contain such additional information as is sufficient to allow the Superintendent to review the petition prior to the appeal hearing and make a recommendation to the Board of Public Works and Safety as to whether sufficient cause is shown to issue a sewer tap permit. The Superintendent may request the appellant to supply such additional test data or other information as is necessary in order to enable the Superintendent to make a recommendation to the Board. Costs associated with supplying test data or other information requested by the Superintendent shall be the responsibility of the appellant.

      (4)   Where the tap permit was denied based on §§ 55.036(C)(4) through (C)(5) or § 55.036(C)(7); the appeal shall contain such additional information as is sufficient to allow the City Engineer to review the petition prior to the appeal hearing and make a recommendation to the Board of Public Works and Safety as to whether sufficient cause is shown to issue a sewer tap permit. The City Engineer may request the appellant to supply such additional test data or other information as is necessary in order to enable the City Engineer to make a recommendation to the Board. Costs associated with supplying test data or other information requested by the City Engineer shall be the responsibility of the appellant.

(Ord. 6619, passed 1-28-13)