A. In the event the application for the permit is denied in whole or in part or the conditions imposed by the administrative authority are unacceptable to the applicant, the applicant may appeal his or her decision to the city council within ten days of receiving notice of the decision.
B. Appeals shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the city clerk within ten calendar days after the date of the action being appealed. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived.
C. The city council shall have the power, upon an appeal by the owner, agent in control or permittee under permit issued pursuant to this encroachment permit code, to reverse, modify or otherwise alter the determinations and orders of the city engineer made pursuant to the procedures authorized in this chapter, under such rules and regulations as the city council, may, from time to time, adopt. The city engineer shall not participate in the decision of the city council in such cases. If the city council is unable to render a decision, the hearing officer's decision will be considered to be upheld.
D. The city council's decision on an appeal shall be furnished in writing to the appellant and to the city engineer, and all such decisions shall be final immediately.
(Ord. 264 § 1 (part), 2002)