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applicable national safety ordinances, industry construction standards, or the <br />City's pertinent and applicable ordinances, including but not limited to this <br />Ordinance, provided that City standards are no more stringent than those of a <br />national safety ordinance. <br />(b) Any breach of the terms and conditions of a Facilities <br />Permit shall also be deemed a violation of this Ordinance, and in lieu of <br />revocation the Director may initiate prosecution of the applicant or the Facilities <br />Owner for such violation. <br />5. Appeals and Alternative Dispute Resolution. <br />(a) Any Person aggrieved by a final determination of the <br />Director may appeal in writing to the City Manager within five business (5) days <br />thereof. The appeal shall assert specific grounds for review, and the City <br />Manager shall render a decision on the appeal within fifteen (15) business days <br />of its receipt affirming, reversing or modifying the determination of the Director. <br />The City Manager may extend this time period for the purpose of any <br />investigation or hearing deemed necessary. A decision affirming the Director's <br />determination shall be in writing and supported by findings establishing the <br />reasonableness of the decision. Any Person aggrieved by the final determination <br />of the City Manager may file a petition for review pursuant to Chapter 536 of the <br />Revised Statutes of Missouri, as amended, in the Circuit Court of the County of <br />St. Louis. Such petition shall be filed within thirty (30) days after the City <br />Manager's final determination. <br />(b) On agreement of the parties and in addition to any other <br />remedies, any final decision of the City Manager may be submitted to mediation <br />or binding arbitration. <br />(i) In the event of mediation, the City Manager and the <br />applicant shall agree to a mediator. The costs and fees of the mediator shall be <br />borne equally by the parties, and each party shall pay its own costs, <br />disbursements and attorney fees. <br />(ii) In the event of arbitration, the City Manager and the <br />applicant shall agree to a single arbitrator. The costs and fees of the arbitrator <br />shall be borne equally by the parties. If the parties cannot agree on an arbitrator, <br />the matter shall be resolved by a three-person arbitration panel consisting of one <br />arbitrator selected by the City Manager, one arbitrator selected by the Applicant <br />or Facilities Owner, and one person selected by the other two arbitrators, in <br />which case each party shall bear the expense of its own arbitrator and shall <br />jointly and equally bear with the other party the expense of the third arbitrator <br />and of the arbitration. Each party shall also pay its own costs, disbursements and <br />attorney fees. <br />Page 6 of 9 <br /> <br />