A city water user may file a request for relief from any provision of this chapter. The city manager shall review all requests and hold a hearing with each applicant. The city manager may grant relief from the provisions of this chapter if he determines that special circumstances make compliance not reasonably possible, or that the restrictions herein would either:
A. Cause an unnecessary and undue hardship to the water user or the public; or
B. Cause an emergency condition affecting the health, sanitation, fire protection or safety of the water user or of the public.
Such relief may be granted only upon written request to the city. Upon granting such relief, the city manager may impose any conditions he determines to be just and proper. The city manager shall make his determination within fourteen (14) days of receipt of the request for relief and shall inform the applicant of the decision in writing.
An applicant shall have the right to appeal the city manager's decision regarding his or her application to the city council or its designee. The appeal must be in writing and received by the city within ten (10) days of the date of the city manager's written decision. The appeal shall be heard by the city council or its designee within a reasonable period of time from the date the appeal is filed. The city shall provide written notice to the applicant of the time and date of the hearing. The city council or its designee, at its discretion, may affirm, reverse or modify the city manager's decision and impose any conditions it deems proper. The decision of the city council shall be final. (Ord. 2151 § 1, 1991)