West Palm Beach |
Code of Ordinances |
Chapter 78. STREETS, SIDEWALKS AND PUBLIC PLACES |
Article XI. COMMUNICATIONS SERVICES FACILITIES IN THE PUBLIC RIGHT-OF-WAY |
Division 5. ENFORCEMENT |
§ 78-420. Appeal.
(a)
Appeal of any decision made administratively by city staff shall be addressed in writing to the city administrator within 20 calendar days of the denial. Such appeal shall be reviewed by city administration and a decision provided to the registrant in writing within 20 calendar days of receipt of the appeal.
(b)
Appeal of any decision of the city administrator may be made to the city commission by filing a written notice of appeal to the city administrator, with a copy to the city clerk and city attorney, within ten days of the city administrator's written decision. Upon receipt of a written appeal, the matter shall be placed on the commission's agenda for consideration within 45 business days. Should the registrant not appear, the determination of the city administrator shall be final. The decision of the city commission shall be the final decision of the city.
(c)
Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, all final written decisions of the city may be appealed to the circuit court in and for the county, or applicable federal or district court. Any appeal not timely filed shall be waived. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the city commission. The city may charge a reasonable fee for preparation of the record for purposes of making the appeal. No communication placement permit shall be issued by the city to such registrant until all appeal proceedings have been completed.
(Ord. No. 4774-18, § 2, 10-22-2018)