§ 59-84. Appeal procedure.

(a)

Whenever a person shall deem themselves aggrieved by any decision or action taken by the public works director, the person may file an appeal to the city council within ten calendar days of the date of notice of such decision or action. Provided, this section shall not apply to any person who is availing themselves of the appeal provisions set forth in K.S.A. 66-2019(h)(6).

(b)

The persons shall be afforded a hearing on the matter before the city council within 30 days of filing the appeal.

(c)

In cases of applicability or interpretation of the rules, the city council may revoke such decision or action taken by the public works director.

(d)

In cases where compliance with such decision or action taken by the public works director would cause undue hardship, the city council 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 rules. The city council shall give due consideration to the purposes of the rules in preserving public safety and convenience, integrity of public infrastructure, and the operational safety and function of the public right-of-way.

(e)

Pending a decision of the city council, the order of the public works director shall be stayed, unless the public works director determines that such action will pose a threat to public safety or the integrity of the public infrastructure.

(f)

If a person still deems themselves aggrieved after the appeal to the city council, such person shall have 30 days after the effective date of the city council's final decision to institute an action in the district court of the county.

(Code 1967, § 24-188; Ord. No. 1757 , § 13, 9-26-2016)