§ 32-153. Appeals.

(a)

The city council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion regarding the issuance of a gas well permit or the revocation or suspension of any gas well permit issued hereunder. Any person or entity whose application is recommended for denial by the inspection services provider (other than for distance requirements set out in this article) or whose gas well permit is suspended or revoked or whose well or equipment is deemed, by the inspection services provider or city administrator, to be abandoned may, within 30 days of the date of the written decision of the inspection services provider or city administrator, file an appeal to the city council in accordance with the following procedure:

(1)

An appeal shall be in writing and shall be filed in triplicate with the official designated by the city administrator. The grounds for appeal must be set forth specifically, and the error described, by the appellant.

(2)

Within 45 days of receipt of the records, the official designated by the city administrator shall transmit all papers involved in the proceeding, place the matter on the city council agenda for hearing and give notice by mail of the time, place and purpose thereof to appellant and any other party who has requested in writing to be so notified. No other notice need be given.

(b)

Appeal fees shall be required for every appeal in the amount as approved by action of the city council.

(c)

The decision of the city council shall be final and binding on the appellant.

(Code 1994, § 4.726; Ord. No. 496, § 1, 8-18-2010)