Title 13 - Streets and Sidewalks

13.12.570 Appeals Process.

1. A.
   Whenever a Person shall deem themselves aggrieved by any decision or action taken by the City Engineer, the Person may file an appeal to the City Manager (or designee) within ten (10) 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).
2. B.
   The Persons shall be afforded a hearing on the matter before the City Manager within twenty (20) days of filing the appeal.
3. C.
   In cases of applicability or interpretation of the rules, the City Manager may revoke such decision or action taken by the City Engineer.
4. D.
   In cases where compliance with such decision or action taken by the City Engineer would cause undue hardship, the City Manager 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 Manager 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 Right-of-way.
5. E.
   Pending a decision of the City Manager, the order of the City Engineer shall be stayed, unless the City Engineer determines that such actions will pose a threat to public safety or the integrity of the public infrastructure.

If a Person still deems themselves aggrieved after the appeal to the City Manager, such Person shall have thirty (30) days after the effective date of the City Manager's final decision to institute an action in the District Court of Johnson County, Kansas.

(History: Ord. No. RW-3296 §22, 2020; Ord. RW-3139 §9, 2016; RW-2410 §14, 2002; RW-2184, 2000)

Effective on: 1/1/1901