[Ord. No. 1527 §1, 8-7-2006]
Whenever a person has been denied a right-of-way permit, had
its right-of-way permit revoked, believes that the fees imposed on
the person by the City do not conform to the requirements 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 or the City Inspector under this Article, 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. 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 or the City
Inspector, 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 Article. 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. 1527 §1, 8-7-2006]
A.
The
Board of Aldermen may overrule such decision or action taken by the
City or the City Inspector 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 Article. 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 Inspector
shall be stayed, unless the City Inspector 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 or the City Inspector, 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. Binding
arbitration shall be before an arbitrator agreed to by both the City
and the aggrieved person. The costs and fees of a single arbitrator
shall be borne equally by the City and the aggrieved person. If the
parties cannot agree on an arbitrator, the matter shall be resolved
by a three (3) 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 (3) 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
(3rd) arbitrator and of the arbitration. Each party to the arbitration
shall pay its own costs, disbursements and attorney fees.
