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 Baytown
 Code of Ordinances
 Chapter 34. ENVIRONMENT
 Article IV. EXCAVATIONS
 Division 2. PERMIT

  § 34-166. Appeals from denial or issuance.  

Latest version.

  • (a)

    If an applicant is refused an excavation permit, he may, not later than ten days from the date of receiving notice of such refusal, appeal to the city council for a public hearing on the refusal by directing a letter to the city council setting forth therein the date of denial of the excavation permit and the reasons the applicant feels he has been wronged in being refused the permit.

    (b)

    If the city engineer recommends that the permit be granted, any person may, within ten days of the recommendation to grant the permit, appeal to the city council for a public hearing regarding the granting of the permit by directing a letter to the city council addressed to the office of the city clerk, at the city hall, setting forth therein the date of the recommendation of the city engineer and the reasons the person so appealing feels that he has been or will be injured by the action from which he is taking such appeal.

    (c)

    Upon the filing of such appeal, the right to operate under any such excavation permit shall be suspended until final determination by the city council and then in accordance with the final decision of the city council.

    (d)

    The city council shall, upon receiving such notice of appeal, direct the city clerk to place the appeal on the city council's work agenda to be considered in the due order of city business. The city clerk shall notify the appellant as to the date and place where the city council will consider the appeal and shall publish a notice one time in the official newspaper at least five days before the date when the city council will consider the appeal.

    (e)

    The city council on conducting the public hearing regarding the appeal may, by majority vote of all of the council, either grant or refuse to grant the permit. If the permit is granted, the city engineer shall direct the inspection division of the department of planning and community development to issue the permit in accordance with the direction of the city council.

(Code 1967, § 17-29; Ord. No. 6938, § 2, 2-24-94; Ord. No. 9034, § 9, 11-9-00)