§ 5.28. DECLARATION OF RESULTS.

(a) Declaration of results. If a recount shall show that a candidate other than the one declared elected or nominated has the greatest number of votes cast for that office, the board of recount shall declare such candidate elected or nominated.

(b) Refund of fee. If the recount shall show that the applicant was elected or nominated, the city clerk, within ten (10) days after such recount, shall return the filing fee.

(c) Assessment of cost. If the election results shall show that the applicant lost the election by more than ten (10) percent of the votes cast for that office, such applicant's request for a recount shall be deemed frivolous. If the recount is unsuccessful in overturning the election results, the applicant shall be required to pay the cost of the recount, as determined by the city clerk, within ten (10) days after such determination.

(d) Right of appeal. Nothing herein shall be construed as affecting the right of any person to appeal to the court in any matter relative to the election.