Section 20.04.180 of this chapter shall not apply if an exemption is granted as provided in this section:

    1. Determination by City Engineer - Procedure. Prior to the issuance of a building permit, or within twenty days thereafter, the applicant shall submit a written request for an exemption under this subsection to the city engineer, who shall within twenty days of the receipt of such request determine and notify the applicant in writing whether construction of new public sidewalks is then required or whether existing sidewalks are in good repair according to city specification, as the case may be.  In determining whether an exemption is to be granted or denied, the city engineer shall consider the public safety and convenience, the existence of severe topographical conditions which make the construction of sidewalks structurally impractical or economically wasteful, the proximity of traffic generators, including but not limited to the structure or complex in question, schools, churches, parks and commercial areas, the location and condition of existing public streets and sidewalks, and the zone in which the premises are located.

    2. Appeal - Procedure. If the request for an exemption is denied, such denial may be appealed by filing a written notice of appeal with the city clerk within seven days of the receipt of the denial of the exemption setting forth the reasons why the denial should be set aside.  The appeal shall then be heard by the city council at a regularly or specially scheduled meeting within fourteen days of the filing of the notice of appeal.  The city engineer's determination  shall be afforded a presumption of correctness, and the applicant shall have the burden of proof by clear and convincing evidence.  The decision of the city council shall be final.  (Ord. 90/T-9317)