City of Washington, PA Street Opening and Pavement Restoration Regulations

Any street with a traffic volume of 2,500 to 10,000 vehicles per day, including Jefferson Avenue, Maiden Street, Beau Street, Chestnut Street, _____________.

ASPHALT CONCRETE or AC

Blend of aggregate and asphalt binder meeting the specifications set forth in the City of Washington Standard Specifications, "Asphalt Concrete," and the PennDot specifications, "Asphalt Concrete."

CHIP SEAL

See the definition of "slurry seal."

CITY

The City of Washington, an agency of the Commonwealth of Pennsylvania and a Third Class City pursuant to the Pennsylvania Third Class City Code.

ENCROACH

Constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over or under any public right-of-way or using any right-of-way so as to prevent, obstruct or interfere with the normal use of that way, including but not limited to the performance of any of the following acts:

Excavating or disturbing the public right-of-way;

Erecting or maintaining any post, sign, pole, fence, guardrail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over or under a public right-of-way;

Planting any tree, shrub, grass or other growing thing within the public right-of-way;

Placing or leaving on the public right-of-way any rubbish, brush, earth or material;

Constructing, placing or maintaining on, over, under or within a public right-of-way any pathway, sidewalk, driveway or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility or cable; or

Constructing, placing, planting or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public right-of-way which causes or may cause an encroachment.

ENGINEER

The City Engineer, his or her designee.

EXCAVATION

Any trench cuts within the street right-of-way to access or install a utility line or any related facility in excess of four square feet or four feet long, whichever is smaller. All such excavations shall require an encroachment permit.

EXCAVATOR

The applicant/permittee to which an encroachment permit is issued for the purposes of excavation.

FACILITY

Any fiber-optic, coaxial or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath or across any public right-of-way.

MAJOR ARTERIAL STREET

Any street with a traffic volume of more than 15,000 vehicles per day, including __________.

MAJOR DEFECTS

Any defects greater than the deficiency tolerances specified in the City of Washington Standard Plans and Details; the PennDot Specifications and Details; or individual contract plans and specifications.

MICRO PAVING

See the definition of "slurry seal."

MICRO SURFACING

See the definition of "slurry seal."

PERMITTEE

Any person, contractor, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee or assignee of the original permittee. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.

PERSON

Any natural person, firm, joint venture, joint-stock company, partnership, association, club, company, corporation, business trust, organization or the manager, lessee, agent, servant, officer or employee of any of them, or any other entity which is recognized by law as the subject of rights or duties, not including the City of Washington, the Washington Community Redevelopment Agency, or the City's or Agency's officers, employees, or agents.

PROHIBITION STREET

Streets that have been reconstructed or resurfaced within the past three to five years.

PUBLIC RIGHT-OF-WAY

The area in, upon, above, beneath or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway or emergency vehicle easement.

PUBLIC STREET

The full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes and alleys have been accepted as and declared to be part of the City system of public streets, except highways forming a part of the state highway system.

SLURRY SEAL

A mixture of polymer-modified asphalt emulsion, mineral aggregate, mineral filler, water and other additives, properly proportioned, mixed and spread in accordance with the City of Washington Standard Plans and Details and the Caltrans Standard Specifications; usually less than 1/2 inch in thickness.

SPECIAL DISTRICT

Any agency of the state for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area within which a property tax or assessment will be levied to pay for a service or improvement benefitting that area.

STREET OVERLAY

One or more courses of asphalt construction on an existing pavement; usually greater than 1/2 inch in thickness; generally includes an asphalt-leveling course to correct the contour of the old pavement.

STRUCTURE

Any physical alteration or improvement, including but not limited to a building, post, cabinet, fence, vault, sign, pole, guardrail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment or excavation.

UTILITY

Any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers and which, pursuant to state law or local franchise, is entitled to install its facilities in the public right-of-way.

WEARING SURFACE DEFECTS

The defects in the surface of a roadway that is in direct contact with traffic and that resists the resulting abrading, crushing or other disintegrating action.

§ 310-76 Prohibition period.

Newly constructed or resurfaced streets shall be termed "prohibition streets" within this section. Permission to excavate in prohibition streets will not be granted for five years after the completion of street overlays. An overlay consists of a at least a one-half-inch-thick layer of asphalt. For those streets with chip seal, slurry seal coating, or micro paving with less than 1/2 inch of new pavement, the prohibition period shall be for three years. Utilities shall plan well enough in advance to determine alternate methods of making necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are as follows:

(1)

Emergencies that endanger life or property;

(2)

Interruption of essential utility service;

(3)

Work that is mandated by City, state or federal law;

(4)

Service for buildings where no other reasonable means of providing service exists; and

(5)

Situations in which no alternative course of action exists, as determined by the Engineer in writing, setting forth the facts giving rise to the conclusion that no alternative exists.

To excavate in a prohibition street, a waiver must be obtained.

(1)

To request a waiver, the applicant must submit a written request to the Engineer. The request must include:

(a)

The location of the excavation.

(b)

Description of the work to be performed.

(c)

The reason(s) the work was not performed before the street was paved.

(d)

The reason(s) the work cannot be deferred until after the prohibition period.

(e)

The reason(s) the work cannot be performed at another location.

(f)

The reason(s) it is justified to excavate the prohibition street.

(2)

Any excavation in prohibition streets will be repaired with full-lane-width paving on the street as follows (refer also to § 310-80, Paving):

(a)

Overlaid or reconstructed streets. All lanes that are affected shall be ground down two inches and repaved with two inches of asphalt concrete, or all lanes that are affected shall be resurfaced per § 310-80, Paving.

(b)

Slurry-sealed, chip-sealed, or micro-surfaced streets. All lanes that are affected shall be resurfaced per § 310-80, Paving.

(c)

A minimum of one foot on either side of the trench shall be resurfaced if the excavation is a lateral cut. For longitudinal trenches, the entire length plus one foot on either end shall be resurfaced.

(d)

Exception. Full-lane-width restoration shall not be required if either of the following conditions apply:

[1]

The work is not considered an excavation as defined herein.

[2]

The work is being performed on behalf of a low-income household in order to bring an owner-occupied single-family residence into compliance with sanitary sewer regulations at any time other than as part of the sale of the residence. "Low income" is defined as 80% of area median family income. The purpose of this exception is to prevent hardship to property owners of limited means, and it shall be interpreted and applied solely to achieve that purpose.

[3]

Before issuing a permit for work in a prohibition street, the Engineer will verify that the applicant has analyzed all feasible alternatives to make the necessary repairs using a trenchless method in prohibition streets to avoid excavating a newly resurfaced street whenever possible.

§ 310-77 Encroachment permits.

Any and all construction work within the public right-of-way shall require an encroachment permit. Anyone doing excavation work within the City of Washington public right-of-way shall obtain a street cut permit for the purpose of excavation in addition to any other required permits. The contractor performing the work shall apply for the permit.

The permit application may be obtained from the City of Washington Engineering Services Department.

Prior to applying for a street cut permit, the excavator must register with the City of Washington. The contractor performing the work shall apply for the permit. The following must be provided to register for an excavation permit:

(1)

A cash deposit equal to $500 or 25% of the value of the work (whichever is greater) as a warranty bond. Companies working under a franchise agreement that includes a bond are not required to post the cash deposit unless/until they have been issued a notice or citation for a violation of the City of Washington standards or permit requirements.

(2)

A current City of Washington business license.

(3)

Current evidence of insurance.

(4)

Twenty-four-hour phone number for emergencies.

(5)

The name, telephone number, and mailing address (fax number, cell phone, and e-mail address, if available) of the person who will receive all office correspondence from the City of Washington.

All applications shall include plans indicating the following:

(1)

Name of the street to be excavated and the nearest cross street.

(2)

Distance of proposed excavation from the face of curb.

(3)

Distance of proposed excavation from the intersection.

(4)

The size of the excavation (length and width).

(5)

The location of any aboveground facilities to be installed, showing:

(a)

Distance from curb and any street facilities/furnishings.

(b)

Purpose of the facility.

(c)

Size of the facility.

(d)

Location of doors and door swings.

(6)

The location of any existing underground facilities and the location of underground facilities to be installed, showing:

(a)

Conduit vaults, maintenance holes, pipes, etc.

(b)

Structural detail and additional information for structures to be installed such as vaults and maintenance holes.

(c)

The construction method of the structure to be installed.

(d)

Construction detail, location, size, design criteria and the purpose of the facility to be installed.

(7)

Cross section of a typical trench, indicating:

(a)

The approximate depth of the facility to be installed.

(b)

Trench backfill depth, compaction and layer depths.

(c)

Pavement section detail (type and depths).

(d)

Plans, structural details, and trench cross section must be signed and stamped by a licensed civil engineer when legally required.

(8)

The plan may show the approximate location of the excavation provided that, on an "as-built" plan, the exact location of the excavation is shown. The as-built plan shall be submitted prior to the permit being finalized.

(9)

A traffic control plan.

All excavation permit fees are due at the time the permit is issued. These fees represent the value of staff time in processing a permit application and are nonrefundable.

(1)

All past-due fees, fines and penalties owed by the applicant must be paid before a permit will be issued.

(2)

If a permit violation occurs, no other application will be processed until the fines and penalties have been paid and all permit conditions are met.

If an account is past due or not in good standing, a permit cannot be issued until the account is brought into good standing. To bring the account to good standing, all fees and fines must be paid.

As a condition of the permit to excavate, the applicant shall provide evidence of an inquiry identification number issued by Pennsylvania One-Call.

Permittees and excavators shall pay close attention to the location and alignment of all USA markings while performing their work. USA codes are:

(1)

Electric: red.

(2)

Gas/oil: yellow.

(3)

Communication/CATV: orange.

(4)

Water: blue.

(5)

Sewer: green.

(6)

Temporary survey markings: pink.

(7)

Proposed excavation: white.

If an excavator damages other facilities during its excavation work, the excavator will need an additional street cut permit if additional excavation and trenches are needed to repair the damaged facility. The original permittee shall maintain the site and restore the pavement and any affected signage or striping.

Except in an emergency, street cut permits shall be taken out in advance of excavation work. An emergency is considered to exist only when life or property is endangered or when an essential utility service is or may be interrupted during weekends, holidays or between 5:00 p.m. and 8:00 a.m. of normal working days.

In the event of an emergency, the excavator shall notify the City of Washington and apply for a street cut permit for emergency work within four hours after the City of Washington's office opens.

Preconstruction meeting:

(1)

A preconstruction meeting shall be held for all projects that are scheduled to take longer than 15 working days to complete.

(2)

The owner, contractor, any other agency that is involved and the City of Washington shall attend this meeting.

(3)

For projects that are supposed to be completed within 15 days and are not completed within the allowed time, the City may issue administrative citations if a preconstruction meeting was not held.

(4)

The traffic control plan shall be approved prior to the preconstruction meeting.

Permit duration shall be indicated on the permit:

(1)

All permits shall include estimated start and completion dates. A permit is valid from the construction start date specified on the approved permit until the specified completion date.

(2)

Excavation permits are not valid if other required permits are not obtained or required notifications are not given.

(3)

No disruption of traffic is allowed after 4:00 p.m. and before 8:00 a.m. unless specifically approved for these hours.

(4)

Some permits may be valid on specific dates. They may be approved with special conditions specifying dates:

(a)

When work shall be done.

(b)

When work shall be completed.

(c)

Before which work shall not start.

(5)

Permits expire and become void, unless otherwise amended:

(a)

Sixty days after the start date, if no work has begun.

(b)

If the work is not diligently proceeding and there are delays of more than four working days after the work has started, unless the delays are caused by weather or other circumstances beyond the permittee's control.

(c)

When the excavation, including the trench restoration, is completed or on the date specified on the permit as the expiration date.

(6)

The work is determined to be proceeding diligently if:

(a)

After a project begins, work continues on a regular basis, except for weekends, holidays, inclement weather, labor disputes, or any emergency beyond the control of the permittee.

(b)

The permittee ensures that all necessary materials and supplies are on hand and ready for use so as not to delay the excavation and the prompt restoration of the public right-of-way.

A valid permit may be extended by requesting an extension prior to the expiration date by specifying the dates that need to be changed and explaining the reason for the extension. The Engineer reserves the right to deny a request for extension.

If an application has been withdrawn or an approved permit is cancelled prior to the start of work, the applicant or permittee may request a refund of the bond funds; all other permit fees are nonrefundable.

(1)

To request a refund, submit a written request to the Engineer.

(2)

The request shall include:

(a)

The reason for cancellation or withdrawal.

(b)

The permit number.

By accepting a street cut and/or encroachment permit, the permittee and the owner of the facility(ies) for which the permit has been issued agree:

(1)

To follow all laws, rules, regulations and permit conditions.

(2)

To assure that their employees, contractors and subcontractors comply with all laws, rules, regulations and permit conditions.

(3)

To indemnify the City of Washington against all claims for personal injury or property damage that may arise in connection with the work.

The street cut and/or encroachment permit shall be available during work periods at the excavation site, until the project is completed and approved by the Engineer. Permit(s) shall be shown to City of Washington employees upon request.

The excavator shall provide public notifications when excavating in the public right-of-way.

(1)

Minor projects lasting longer than 48 hours but less than 15 working days shall provide eleven-inch by seventeen-inch posters with one-inch minimum letters at the beginning and end of the project and every 300 feet between the beginning and the end of the project. Notes must contain:

(a)

The name, address, and telephone number of the owner and the permittee.

(b)

The start and completion dates of the project.

(2)

Major projects lasting 15 working days or longer, the excavator shall:

(a)

After the permit has been issued and at least five days but no more than 30 calendar days before the anticipated start date of work, mail or deliver written notice to:

[1]

Residents and occupants along the affected street.

[2]

Schools, churches, and other assembly uses within 300 feet of the affected street.

[3]

The City of Washington Engineering Services and Public Works Departments.

(b)

At least five calendar days but not more than 15 calendar days prior to starting work, post and maintain eleven-inch by seventeen-inch notices in accordance with Subsection R(1) above. The notices must contain:

[1]

The name, address, and telephone number of the owner and the permittee.

[2]

A description of the project.

[3]

The start and completion dates of the project.

[4]

The name, address and twenty-four-hour telephone number of a contact person.

§ 310-78 Excavation material.

Pavement shall be cut to a straight, neat, vertical line prior to excavation.

All excavated material shall be removed from the job site within 24 hours.

Every trench must be backfilled or covered by trench plates the same day. The City may issue administrative citations or pursue any other legal remedy if the trenches are not properly covered or backfilled in a timely manner. Backfill must meet the requirements specified in § 310-79.

§ 310-79 Backfill.

Trenches shall be backfilled with Class 2 aggregate base as specified in the PennDot specifications, "Aggregate Base," or suitable material as required by the City of Washington Standard Plans and Specifications. Compaction of backfill shall be in accordance with the City of Washington Standards.

When undermining occurs, remove existing pavement as required to compact the backfill and restore the pavement.

Compaction tests shall be certified by an independent laboratory and submitted to the Engineer, who may require the contractor to recompact and retest until the test results show that proper compaction is being achieved.

§ 310-80 Paving.

Trenches shall be paved in accordance with the City of Washington Standard Plans and Specifications. After the trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut or milled according to City of Washington Standards to a vertical face. The cut shall be a "T-cut" according to City of Washington Standards, and the new asphalt concrete paving shall be butt-joined to the existing asphalt concrete vertical face. No feathering of new paving to existing paving is allowed. The vertical faces shall be tack coated. In prohibition streets, placement of the final two inches of asphalt concrete wearing surface shall be done by a paving machine or spreader box. Asphalt concrete shall be delivered and compacted in accordance with the City of Washington Standard Plans and Specifications. To allow for proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular to or parallel to the original trench lines. No diagonal cuts are to be made. Undamaged pavement of three feet or less between two damaged areas shall also be removed.

For trenches in recently paved prohibition streets, the entire lane shall be key-cut two inches deep and repaved with asphalt concrete unless the Engineer gives written authorization to resurface with a polymer-modified slurry seal instead. Authorization from the Street Department Superintendent to use slurry seal instead of asphalt concrete shall set forth the reasons for the authorization.

For trenches in recently slurry-sealed prohibition streets, the entire lane shall be resurfaced with polymer-modified slurry seal.

Trenches in concrete streets shall be repaved with concrete. The thickness of the new pavement shall be equal to the thickness of the existing pavement, with the minimum thickness to be six inches in the roadway.

Trenches in arterial and collector streets shall be paved with not less than six inches of asphalt concrete or match the existing pavement thickness (whichever is greater).

Pavement shall be restored within 14 working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather. For minor excavations such as service installations, the pavement shall be restored within 30 working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather.

Asphalt pavement shall be compacted to obtain a minimum of ninety-five-percent relative compaction. The asphalt concrete wearing surface shall have no irregularity greater than 5/16 inch in 10 feet in any direction.

On all streets, steel plates shall be used to facilitate traffic flow and to protect the excavation until finish pavement is restored. Steel plates used to bridge a street opening shall be ramped to the elevation on the adjacent pavement and secured against movement in any direction. Temporary ramps shall be constructed of asphalt and shall have a gradual 30:1 slope or flatter, using asphalt cutback.

All painted markings shall be removed by the permittee after the work has been completed.

All damaged pavement markings and striping shall be replaced and restored by the permittee.

Whenever there is any excavation, as defined by this article, that affects more than 40% of the integrity of a street, the excavator as part of the street restoration shall be required to repave the entire street beginning at the intersection located closest to the excavation and extending to the nearest street intersection located closest to the other end of said excavation. For purposes of this section, the term "excavator" shall also include those individuals or entities that commenced excavation on a City street without obtaining a valid permit.

§ 310-81 Defects.

Depressed trench pavement shall be repaired as follows:

(1)

Wearing surface defects: remove and restore wearing surface.

(2)

Major defects: excavate, remove and restore surface and base. The permit inspector will determine the severity of the defect.

Work not in compliance with the above requirements shall be rejected, removed and redone by the permittee to the satisfaction of the Engineer.

The owner of the facility/utility company is responsible for any roadway defects in the area over and adjacent to the trench appearing after the permittee restores the trench. The owner is responsible for maintenance, repair or reconstruction of the excavation site's affected area until the City of Washington reconstructs, repaves or resurfaces the street.

If there is a trench-related failure after the City of Washington reconstructs, repave, or resurfaces the street, the owner of the facility/utility company is responsible for its repair if the failure occurs within one year of a trench repair.

When the City of Washington determines that an excavation or a defect is hazardous or constitutes a public nuisance or other imminent threat to public health, safety or welfare, the Street Superintendent may order the responsible party to remedy the condition immediately. If the responsible party refuses or fails to make the needed repairs immediately, the City of Washington will make the repairs and:

(1)

The responsible party will be charged all the actual costs, including administration, construction, consultant fees, equipment, inspection, notification and remediation, made necessary by the action or inaction of the permittee.

(2)

The repair or restoration by the City of Washington does not relieve the responsible party from liability for future pavement failures.

(3)

If the responsible party fails or refuses to pay the restoration cost, the City may use any legal means to recover the costs, including but not limited to property liens and/or court action.

§ 310-82 Violations and penalties; revocation.

Any violation of this article may be enforced either as a summary offense or by any remedy available to the City under this article or under state law. Potential enforcement measures include but are not limited to the following:

Fine.

(1)

If a City inspector finds that a contractor has committed any of the following violations, then the contractor may be required to pay a fine or penalty for his or her actions. The penalties for violations are listed in the City's Master Fee Schedule, which may be amended from time to time by resolution of the City Council.

	VIOLATIONS PENALTIES (not to exceed amount shown)
	1.	Working without a permit: administrative citation, stop-work, and apply and pay for the required permit.
	2.	Excavation without providing public notice: administrative citation and stop-work.
	3.	Beginning a major project without having a preconstruction meeting: administrative citation.
	4.	Violation of permit conditions: administrative citation.
	5.	Improper site protection: improper plating, path of travel, barricading, etc.: administrative citation.
	6.	No permit on site: administrative citation.
	7.	Improper trimming of trench: administrative citation.
	8.	Any trench left open after the allowed work hours that is not backfilled and covered: administrative citation.
	9.	Improper public notice; no notice sign, wrong information on sign/notice: administrative citation.
	10.	Noncompliance with trench restoration requirements: administrative citation.
	11.	Improper housekeeping; failure to remove spoil, dirty site, no sweeping, etc.: administrative citation.
	12.	Other excavation code violations: administrative citation.

(2)

The above fines, when assessed, shall be deducted from the cash deposit required by this article or will be paid by the applicant if there is not a cash deposit.

Suspension. Whenever the Street Superintendent finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the Street Superintendent may immediately suspend any such permit pending a hearing for remedial action or revocation. The Street Superintendent shall, within three working days of the emergency suspension, give a written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within 15 days after service of such a written notice of suspension, file with the Health Officer a request for a hearing regarding the suspension. The City Health Officer or his or her designee shall schedule a hearing on the suspension within five working days of receipt of a request for hearing. If the City Health Officer or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by or existing on the site of the encroachment, he or she shall issue one or more of the following:

(1)

An order to correct any particular noncompliance.

(2)

A revocation of the encroachment permit.

(3)

A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.

(4)

A modification or reinstatement of the encroachment permit, with conditions as necessary to prevent harm to the public. The City Health Officer or his or her designee shall, within 10 days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Health Officer or his or her designee shall be final, except a decision to revoke the permit, which may be appealed to the City Council in accordance with this article.

Revocation. The Street Superintendent may recommend that the City Health Officer revoke a permit where he or she finds that:

(1)

The permittee has violated any provision of this article or conditions of the permit;

(2)

The permittee has failed to pay any required fees or to post or maintain any bond or insurance required by this article;

(3)

The encroachment for which the permit was granted adversely affects the safety, capacity or integrity of the City's public right-of-way or increases the City's liability exposure;

(4)

The encroachment is causing the City to incur substantial additional maintenance costs; or

(5)

Material misrepresentations, omissions, or inaccuracies were made in the application for the permit. The Engineer shall give the permittee at least 10 days' written notice of a hearing before the City Health Officer or his or her designee on the proposed revocation of a permit issued pursuant to this article, setting forth the grounds for such action. If after reviewing all evidence presented before or at the public hearing the City Health Officer or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Health Officer or his or her designee shall, within 10 days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based and the action taken. The decision of the City Health Officer or his or her designee may be appealed to the City Council in accordance with this article.