§ 1208. Railroad crossings - hearing, appeal.

A.

Administrative hearing. At such hearing the Mayor shall take into consideration the amount of public travel at any street crossing and also the amount of use to which the railroad tracks are subjected by the owner thereof for railroad purposes. Should the Mayor determine that any of the precautionary measures herein contemplated are necessary, he shall order such precautionary measures in writing, specifying the street crossings, the kind of precautionary measures to be maintained, the hours of the day during which the same shall be maintained and shall set forth such other facts pertaining thereto as deemed necessary. A copy of such order shall forthwith be furnished the owner of such railroad and, thereafter, a failure to comply with the conditions thereof shall constitute an offense unless an appeal form such order is taken as herein provided.

B.

Appeal. An appeal to the Council may be taken by the owner within ten (10) days of the date of the Mayor's order by filing with the Mayor and the City Clerk a notice of appeal, specifying the grounds thereof. The Mayor, upon receipt of notice, shall forthwith transmit to the Secretary of the Council, certified copies of all the papers constituting the record of the matter. Upon receipt of the record, the Secretary shall set the matter for public hearing and notify the Mayor and the owner of the date of the hearing. At the conclusion of the hearing, the Council may reverse, affirm or modify the order. The concurring vote of a majority of the Council shall be necessary to reverse the order. An appeal stays all proceedings in furtherance of the action appealed from, unless the Mayor certifies to the Council that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the Council on due and sufficient cause shown.