Appeal.
El Paso City Code § 18.21.120
in effect18.21.120 - Appeal.
A. Any person aggrieved by an action or decision of the licensing authority made hereunder may, within thirty days of the date of the document giving notice of the action or decision, or within thirty days of the action, if no document is given, appeal to the on-site sewage disposal board of exceptions.
B. The appeal shall be initiated by filing a written objection with the board in triplicate. The written objection shall state what the complainant believes the action or decision of the licensing authority should have been and the reasons therefor. A copy of the document containing the notice of the complained of action or decision, or a written statement of the complained of action or decision, if no document was given, shall be attached to said written objection.
C. Upon receipt of said written objection and attachment, the board shall set the same down for a hearing to be held within the next thirty days and advise all parties of the date, time, and place of the hearing.
D. At hearings before the board, all witnesses shall be sworn. The board shall hear the testimony of the licensing authority and any witnesses the licensing authority may call. The board shall hear the testimony of the complainant and any witnesses the complainant may call. The board shall review all documents and exhibits submitted by the parties. The board shall not be bound by formal rules of evidence and shall control the evidence, reserving the power to exclude or limit testimony or exhibits it does not consider relevant.
E. The board shall maintain an accurate record of the evidence adduced at the hearing.
F. Within ten days of the close of the hearing, the board shall reduce to writing its report, which shall consist of a finding of facts and its decision, and shall notify the licensing authority and the complainant of its decision. The board shall file the original of its report with the city clerk, shall keep one copy for itself, shall send one copy to the complainant, and shall send one copy to the licensing authority.
G. If the licensing authority or the complainant is dissatisfied with the board's decision, he may, within thirty days from the date the board filed its report, file a written objection with the city clerk. When such an objection is filed, the clerk shall place the matter on the agenda of city council for review at the next meeting of city council that is at least ten days after the date of the filing of the objection. The city clerk shall notify the licensing authority and the complainant that the matter is on the agenda.
H. When the matter comes before city council, the city council shall review the matter, considering such information as is in the board's file and report along with such other evidence as city council may deem relevant and as may be offered by the licensing authority or the complainant. The city council shall either affirm, reverse, or modify the decision of the board.
I. These provisions for appeal are not exclusive, but are cumulative of any other remedies at law or in equity.
(Ord. 9448 (part), 1988)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT18BUCO_CH18.21PRSEFA_ARTIIAD_18.21.120APFetched: 10/28/2026
