(A) Right of review by Council.
(1) A right-of-way user that:
(a) Has been denied registration;
(b) Has been denied a permit;
(c) Has had a permit revoked; or
(d) Believes that the fees imposed are valid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the Council.
(2) The Council shall act on a timely written request. A decision by the Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision.
(B) Arbitration.
(1) Upon affirmation by the Council of the denial, revocation, or fee imposition, the right-of-way user shall have the right to have the matter resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the Council and right-of-way user. If the parties cannot agree on an arbitrator, the matter must be resolved by a three-person arbitration panel made up of one arbitrator selected by the city, one arbitrator selected by the right-of-way user, and one selected by the other two arbitrators.
(2) The costs and fees of single arbitrator shall be borne equally by the city and right-of-way user. In the event there is a third arbitrator, each party shall bear the expense of his, her, or its own arbitrator and shall jointly and equally bear with the other party the expense of the third arbitrator and of the arbitration.
(2006 Code, § 14.91)