§ 8-1.3. Appeal of Public Works Director Decisions.

a.

An appeal of a decision of the Public Works Director pursuant to subsection 8-1.2 shall be heard by the Transportation Commission. Any interested person may file an appeal of a decision of the Public Works Director by obtaining an appeal form from the Public Works Department or filing a letter with the Public Works Department. In the appeal, the applicant shall specifically state the basis of the appeal and provide facts supporting the basis. The appellant shall submit the appeal to the Public Works Department within ten (10) calendar days of the Public Works Director's decision along with the appeal fee as set forth by the Master Fee Resolution. Appeals will be considered by the Transportation Commission no later than the third regularly scheduled Transportation Commission meetings following the submittal of the appeal.

b.

In the event that it is not reasonable to provide prior notice of his/her decision as defined in subsection 8-1.2 due to imminent safety concerns to the public, the Public Works Director may act to ensure the safety of the public on the City's transportation system and abate the public safety concern prior to issuance of his/her decision. Notice of the action taken due to imminent safety concerns to the public shall be provided within two (2) business days of the action. The Public Works Direction shall record all evidence, including the statement of any experts and photographs and video recordings of the condition of the transportation concern, together with a statement of his or her findings which support the immediate action. An action of the Public Works Director taken due to imminent safety concerns to the public may be appealed in the manner set forth in this subsection.

(Ord. No. 2973 N.S. § 3)