City of Oak Grove, MO
Jackson County
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Table of Contents
Table of Contents
[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.