A state franchisee applicant whose encroachment permit is denied under Section 12.13.030 may file an appeal with the council within fourteen days of the decision of the director of public works-city engineer. Within thirty days of the filing of a timely appeal of the city engineer's decision, the council shall hold a public hearing on the matter. At the public hearing, shall accept into evidence and consider any materials and documents as may be submitted by the state franchisee applicant and the city engineer. In determining such appeal, the council shall consider whether the city engineer's denial is consistent with Title 2, Title 12 or Title 18, as applicable, and other applicable state and federal laws. If the council denies the state franchisee applicant's appeal, its decision shall be given, in writing, setting forth a detailed explanation of the reasons for such denial. The decision of the council is final.
(Ord. 4945 § 33, 2007)