17.08.130 PERMIT—ISSUANCE—MODIFICATION—DENIAL—REVOCATION—APPEAL—HEARING.

The Superintendent of Streets may issue such permits, permitted by this chapter, with such modification as he or she may deem advisable, or deny such applications for permits, or revoke an issued permit as set forth in this chapter. Each application for such permit must be accompanied by a fee in an amount as shall be set by resolution of the Council.

If such permit has been denied, granted with modification, or revoked, the applicant or permittee is dissatisfied with the denial, order for such modification, or revocation, he or she may appeal therefrom to the Sustainability and Infrastructure Commission.

The appeal must be filed, in writing, within 10 days after such action. If an appeal is not filed within such period, applicant shall be barred for a period of six months from date of the original application from making further application with reference to the same matter. The appeal shall be filed within such period with the Commission Secretary, who shall set the hearing thereon for the next regular meeting of the Commission, provided such next regular meeting is to be held not less than 10 days from the date of filing such appeal. If such meeting is to be held within less than 10 days thereafter, such hearing shall be set for the regular meeting next subsequent thereto. At the hearing, the Commission shall receive all evidence offered by applicant and the Superintendent, and may hear other evidence with reference thereto, and may continue such hearing from time to time. At the conclusion of such hearing, the Commission shall make its findings thereon. If it finds that the granting or restoration of such permit, without modification, or otherwise, will not be injurious to the public health, safety or welfare, it shall refer the appeal with its findings and recommendations to the City Council. Otherwise, it shall affirm his or her order, and the applicant may then appeal to the Council. The decision of the Council shall be final and conclusive. Appeal to the City Council shall be made within the same period of time and manner as to the Commission, except that the filing shall be with the City Clerk.

No portion of the application fee shall be refunded except where the application is rejected and the rejection is not successfully appealed, in which case 50% of the fee shall be refunded.