If the findings, order or decision of the city, made in pursuance of the provisions or of this chapter, are not acceptable to any person, such person shall have the right to appeal as follows.
(A) Two professional engineers shall be chosen, one by the industry and the other by the city, neither of whom shall be a regular employee of either party. Such persons shall act as consultants. As soon as such consultants are chosen, the city shall file with them a copy of the complaint and the decision of the Public Works Director and it shall be the duty of such consultants to investigate the complaint and to agree either to affirm or reject the findings of the Public Works Director and file a report with the city within a reasonable time setting down their decision. If the consultants so chosen are unable to agree, they shall choose a third professional engineer, and the decision or recommendation of the majority shall be reported to the City Council. Upon consideration of the report, the Council will make a final decision which shall be reported to the persons and the Public Works Director.
(B) The fees and expenses of the consultant appointed by the person shall be paid by the person, and the fees and expenses of the consultant appointed by the city shall be paid by the city. The fees and expenses of the third consultant shall be equally divided between the person and the city.
(Prior Code, § 51.13) (Ord. 215, passed 3-20-1977)