1. Any property owner who disagrees with any final decision of the public works director under the groundwater incentive program may appeal that decision by following the appeal procedures for type I decisions under the Redmond Zoning Code. The appeal shall proceed to hearing and final decision by the Hearing Examiner in the same manner as other type I appeals under the City’s zoning code.

2. Draft authorized work, notice to proceed, authorized alternative, and reimbursement of cost letters will be issued prior to final decision by the public works director. As provided in Section 13.07.115, if a property owner disagrees with the terms of a draft authorized work, notice to proceed, authorized alternative, or reimbursement of cost letter, the property owner may file a written request that the City staff reconsider such terms within ten (10) calendar days of the issuance of the draft letter. If a timely request for reconsideration is filed, the property owner and the City will meet within ten (10) calendar days of the City having received the request in a good faith attempt to resolve the issues. If the meeting is not successful, either party may elect to submit any remaining issues to a neutral mediator by filing a mediation request within ten (10) calendar days of the unsuccessful meeting. Any required time period for the public works director to make a final decision is tolled pending completion of the reconsideration and mediation process and the submittal of a reconsideration request by a property owner constitutes the property owner’s consent to such tolling.

3. Notwithstanding the provisions of Section 13.07.140.B.2, either party may request that a neutral mediator be agreed upon at any time after the property owner submits its issues in writing, even though the obligatory meeting to resolve disputes has not yet taken place.

4. If the parties cannot agree upon a neutral mediator within five (5) business days of a request by either party that a mediator be named, either party may, on the shortest notice authorized by court rule, petition the presiding judge of the King County Superior Court to immediately appoint a neutral mediator with substantial land use, environmental, or civil engineering experience in addition to substantial mediation experience.

5. Each party shall pay an equal share of the mediator’s fees.

6. Mediation shall be completed within thirty (30) calendar days from the date the request for mediation is filed. If mediation does not result in an agreement, either party may, within five (5) calendar days after mediation is completed, request that the owners and the City staff meet with the mayor in a good faith attempt to reach a resolution. The meeting will be scheduled as expeditiously as possible given the mayor’s schedule.

7. If a request for reconsideration, mediation, or a meeting with the mayor results in agreement on the terms of an authorized work, notice to proceed, authorized alternative, or reimbursement of cost letter, the public works director shall issue a final authorized work, authorized alternative, notice to proceed, or reimbursement of cost letter containing the agreed-upon terms. If no agreement is reached as the result of a request for reconsideration, mediation, or meeting with the mayor, or if no timely request for reconsideration, mediation, or meeting with the mayor is made, the public works director shall issue a final authorized work, notice to proceed, authorized alternative, or reimbursement of cost letter setting forth the City’s final position and the period for appealing the public works director’s decision shall commence. (Ord. 2957 § 6 (part), 2019: Ord. 2704 § 3, 2013: Ord. 2596 § 2 (part), 2011: Ord. 2180 § 1 (part), 2003).