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An applicant aggrieved by the denial or conditioning of a right-of-way use permit, small cell permit, franchise, construction permit, or the renewal thereof shall have the right to appeal to the Hearing Examiner pursuant to Chapter 2.50 PMC.

(1) All appeals filed pursuant to this section must be filed in writing with the Director within 10 working days of the date of the decision appealed from;

(2) All appeals filed pursuant to this section shall specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the Director’s decision, which shall constitute the basis of the appeal;

(3) Upon receipt of a timely written notice of appeal, the Director shall note the appeal for hearing before the Hearing Examiner within 60 days of filing the appeal;

(4) All relevant evidence shall be received during the hearing on the appeal;

(5) Unless substantial relevant information is presented which was not considered by the Director, the decision of the Director shall be accorded substantial weight, but may be reversed or modified by the Hearing Examiner if, after considering all of the evidence in light of the applicable goals, policies, and provisions hereof, the Hearing Examiner determines that a mistake has been made. Where substantial new relevant information which was not considered in the making of the decision appealed from has been presented, the Hearing Examiner shall make its decision only upon the basis of the facts presented at the hearing of the appeal, or may elect to remand the matter for reconsideration by the Director in light of the additional information;

(6) For all appeals decided pursuant to this section, the City shall provide a record that shall consist of written findings and conclusions and a taped transcript;

(7) Unless otherwise provided by state statute or other law, all actions seeking review of a final action of the City, whether in the form of an appeal, declaratory judgment action, petition for writ of review, or other extraordinary writ, or in any other form shall be filed pursuant to the general appeal period as set forth in Chapter 1.01 PMC, or are thereafter barred; and

(8) No action to obtain judicial review shall be commenced unless all rights of appeal provided by this section are fully exhausted. The cost of transcription of all records ordered certified by the court for such review shall be borne by the party seeking such review. A copy of each transcript prepared by such party shall be submitted to the City for confirmation of its accuracy. [Ord. 4414 § 3, 2019; Ord. 3877, 2008; Ord. 3287 § 1, 1998; Code 1970 § 15.60.010.]