§ 15-7-7. APPEAL TO CITY COUNCIL.

(A)

If an applicant has been denied attachment rights substantially in their entirety under Section 15-7-5(D) ( Application to Use Utility Infrastructure ), or if a user's attachment rights have been terminated substantially in their entirety under Section 15-7-6(C) ( User's Duties and Responsibilities ), the applicant or user may appeal the denial to the city council. A person must file a written notice of appeal to the city council with the director no later than the 14th day after the date of the director's denial of the applicant or user's appeal. The notice of appeal shall include:

(1)

the name, address, and telephone number of the appellant;

(2)

the name, address and telephone number of all interested parties, if any, including existing users of the units of infrastructure occupied by, or proposed to be occupied by, the appellant;

(3)

the decision being appealed;

(4)

the date of the decision being appealed; and

(5)

the basis of the appeal, including a concise statement describing the reasons the appellant believes it was wrongfully denied attachment rights or its attachment rights were wrongfully terminated.

(B)

Upon receipt of a notice of appeal, the director shall schedule a public hearing before the city council, and notify the appellant and all interested parties of the time and date of the hearing by first class mail at least ten days before the date of the hearing. A public hearing under this section may be postponed or continued in accordance with Sections 25-1-152 ( Postponement and Continuation of Public Hearings ) and 25-1-153 ( Change of Location of Public Hearing ) of the Code.

(C)

The appellant has the burden of proof to establish that the decision being appealed is incorrect.

(D)

The council shall decide preliminary issues raised by the parties, including a request for postponement or continuance, or questions of standing to bring an appeal, before the public hearing is opened. The public hearing shall proceed as follows:

(1)

a report from the director or appropriate City staff;

(2)

a presentation by the appellant;

(3)

comment by any interested parties supporting the appeal; and

(4)

comment by any interested parties opposing the appeal.

(E)

The city council may approve, modify, or overrule the director's decision.

Source: Ord. No. 20170817-045 , Pt. 4, 8-17-17.