(a) Any Permit Holder or applicant for a permit under this chapter has 30 days of receipt of any decision rendered by the City Engineer or Inspector with respect to this chapter to appeal such decision. Such appeal shall be timely filed with the City Manager for review and final determination. The City Manager shall review the appeal and shall issue its determination no later than 10 days after receipt of the appeal. Such appeal shall be limited in scope as to whether or not the City Engineer or Inspector abused his or her discretion or was arbitrary or capricious in his or her decision. Such hearing shall be recorded with sworn testimony.
(b) The decision of the City Engineer or Inspector shall stand pending the decision of the City Manager; further, the appeal process does not bar the City Engineer or Inspector to cause to be removed any obstruction from the Right-of-Way pending the decision of the City Manager when such action is deemed immediately necessary by such City Engineer or Inspector to preserve the heath, safety or welfare of the public.
(c) The Appeal process as provided for in this chapter does not bar the filing of criminal charges under this chapter, nor is it applicable thereto.
(Ord. 133-01. Passed 12-3-01.)