(a) Review and Appeal. A Service Provider or Contractor may appeal any decision of the City Engineer regarding a denial, revocation or suspension of consent to occupy or use the Right-of-Way, initial or annual registration, or construction permit, or denial for a request for modification or waiver of any requirements of this Chapter.
(b) Hearing Procedure. Within fourteen (14) calendar days of a written decision of the City Engineer, a Service Provider or Contractor may file a written appeal to the Right-of-Way Appeals Board seeking relief from an adverse decision of the City Engineer regarding the Service Provider or Contractor. The Right-of-Way Appeals Board shall consist of the Director of Public Service, the Director of Finance and the Planning Director, and shall hear appeals pursuant to procedures established by the Board. The Board shall consider all relevant factors including, but not limited to: The purpose of the City Engineer’s decision or requirement of this Chapter from which relief is requested; whether the City Engineer’s decision or the requirement of this Chapter is necessary or appropriate to protect the interests of the City; the health, safety and general welfare of the City’s residents, the general public, and properties in the City; the purposes and intent of this Chapter; and the extent of the hardship, economic or otherwise, the Service Provider or Contractor will bear if the requested relief is not granted. The Board of Right-of-Way Appeals shall issue a written decision setting forth the Board’s reasons for granting or denying the petition for relief. The decision of the Board is the final decision of the City on the appeal.
(Ord. 2007-124. Passed 12-18-07.)