A. An applicant for a PROW permit under this Chapter or any resident or owner of property located within 500 feet of the proposed Facility may appeal the decision of the Director to issue or deny that permit to the City Manager by filing with the City Clerk a statement addressed to the City Manager setting forth the facts and circumstances regarding the Director’s decision and the basis for the appeal. The appeal shall be accompanied by a fee as established by resolution of the City Council. Appeals from an approval will not be permitted to the extent that the appeal is based on environmental effects from radiofrequency emissions that comply with all applicable FCC regulations, so long as such considerations are prohibited by federal law.

B. The right to such an appeal shall terminate upon the expiration of 10 business days following the deposit of the Director’s decision in the United States mail to the Company and all persons required to receive notice of the Director’s decision pursuant to Section 16.10.060.A. A decision by the Director shall inform the Company and any person receiving notice of the decision of their right to appeal to the City Manager.

C. The City Manager shall hear the appeal not less than 10 business days from the date on which it has been filed with the City Clerk, or such later date as the Company, any other appellant, and the City may agree to. The City Clerk shall provide written notification of the time and place set for hearing the appeal. The City Manager may sustain, overrule or modify the action of the Director. The decision of the City Manager shall be final. In the event that the time to approve or deny a permit application under state or federal law expires before the City Manager decides an appeal, the decision of the Director shall be final. Any such deadline may be extended by mutual agreement of all appellants and the permit applicant.

D. Appeals shall be accompanied by such fees as are established by resolution of the City Council except that such fee may be waived in the discretion of the Director to avoid denying equal access to the appeals process, or other good cause. (Ord. 7726-NS § 1 (part), 2020: Ord. 7083-NS § 4 (part), 2009)