[Ord. No. 3149, 11-15-2022]
A.
Whenever a person has been denied a right-of-way permit or a temporary
traffic control permit, had its right-of-way permit or temporary traffic
control permit revoked by the City Engineer, believes that the fees
imposed on the person by the City do not conform to the requirements
of valid and applicable portions of Section 67.1840, RSMo., asserts
any issues related to the use of the right-of-way, or deems themselves
otherwise aggrieved by any decision or action taken by the City, the
Director of Public Works, or the City Engineer under this Chapter,
the person may file an appeal to the City Administrator or his/her
designee by filing written notice of such appeal with the City Clerk's
office within ten (10) calendar days of the date of notice of such
decision or action.
1.
The City Administrator or his/her designee shall schedule an
informal meeting with the aggrieved person and shall have the power
to overrule such decision or action taken by the City, the Director
of Public Works, or the City Engineer, may extend the time limit of
such decision or action, or may grant exceptions to, or waive requirements
of, or grant a variance from the specific provisions of this Chapter.
2.
The City Administrator or his/her designee shall issue their
decision in writing. After the decision of the City Administrator
or his/her designee is rendered, the aggrieved person may appeal the
decision of the City Administrator or his/her designee to the Board
of Aldermen by filing written notice of such appeal with the City
Clerk's office within ten (10) calendar days of the date of notice
of such decision or action.
[Ord. No. 3149, 11-15-2022]
A.
Such appeals to the Board of Aldermen as provided for in Section 515.480 hereof shall be heard by the Board of Aldermen on the record with evidence and testimony as a contested hearing pursuant to Ch. 536, RSMo.
1.
The Board of Aldermen may overrule such decision or action taken
by the City, the Director of Public Works, or the City Engineer, may
extend the time limit of such decision or action, or may grant exceptions
to, or waive requirements of, or grant a variance from the specific
provisions of this Chapter.
2.
Any decision by the Board of Aldermen affirming the denial,
revocation, fee imposition or dispute resolution shall be in writing
and supported by written findings establishing the reasonableness
of the decision.
B.
Pending a decision by the Board of Aldermen, the order of the City,
the Director of Public Works, or the City Engineer shall be stayed,
unless the City Engineer determines that such action will pose a threat
to public safety or the integrity of the public infrastructure.
C.
In the event the Board of Aldermen affirms the prior decision of
the City, the Director of Public Works or the City Engineer, in addition
to all other remedies and if both parties agree, the aggrieved person
shall have the right to have the matter resolved by mediation or binding
arbitration.
1.
Binding arbitration shall be before an arbitrator agreed to
by both the City and the aggrieved person.
2.
The costs and fees of a single arbitrator shall be borne equally
by the City and the aggrieved person.
3.
If the parties cannot agree on an arbitrator, the matter shall
be resolved by a three-person arbitration panel consisting of one
(1) arbitrator selected by the City, one (1) arbitrator selected by
the aggrieved person, and one (1) arbitrator selected by the other
two (2) arbitrators. In the event that a three-person arbitrator panel
is necessary, each party shall bear the expense of its own arbitrator
and shall jointly and equally bear with the other party the expense
of the third arbitrator and of the arbitration.
4.
Each party to the arbitration shall pay its own costs, disbursements
and attorney fees.
