HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/03/2002 - FIRST READING OF ORDINANCE NO. 129, 2002, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 21
DATE: September 3, 2002
FORT COLLINS CITY COUNCIL
FROM: Steve Roy/
Wanda Krajicek
. SUBJECT :
First Reading of Ordinance No. 129,2002,Amending the City Code to Create a Standard Procedure
for Administrative Appeals to the City Manager.
RECOMMENDATION:
Staff recommend adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
This Ordinance amends the City Code to create one standard procedure for appeals to the City
Manager of administrative decisions, when such an appeal is authorized by the Code.
There are approximately twelve sections of the City Code that currently authorize appeals to the City
Manager of certain decisions made or actions taken by City employees or officers,such as decisions
regarding pawnbroker,secondhand dealer and right-of-way contractor licenses;decisions regarding
natural areas and recreation areas permits; and decisions regarding capital improvement expansion
fees. However, the appeals procedures outlined in those sections are not consistent,and sometimes
no procedure is specified at all. This could potentially create confusion both for the public and for
City staff.
The City Clerk's Office and City Attorney's Office looked at the current appeals procedures in the
Code, compared them to the procedure for appeals to the City Council, and developed a new,
standard procedure for appeals to the City Manager. This procedure covers the filing of a notice of
appeal and what the notice should contain, provides for review of the notice for sufficiency, and
describes how a hearing will be scheduled and conducted. Where existing Code provisions specify
additional requirements specific to a particular type of appeal,those requirements would be retained.
In addition, the procedure for appeals of decisions on special events permits under Section 23.5-8
will remain unchanged, as it provides for an expedited process.
IaI
I
ORDINANCE NO. 129, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO CREATE A STANDARD
PROCEDURE FOR ADMINISTRATIVE APPEALS TO THE CITY MANAGER
WHEREAS, various sections of the City Code currently allow for appeals to the City
Manager of certain decisions made or actions taken by City employees or officers; and
WHEREAS,the appeals procedures outlined in such sections are not consistent,as they vary
in both content and complexity; and
WHEREAS,although some variation in appeals procedures is necessary because of the type
or nature of decision or action being appealed, the Council believes it is in the best interests of the
City that a consistent general procedure be established for administrative appeals to the City
Manager.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Article VI of Chapter 2 of the Code of the City of Fort Collins is hereby
enacted to read as follows, and the subsequent Articles contained in Chapter 2 are renumbered
accordingly:
ARTICLE VI. ADMINISTRATIVE APPEALS PROCEDURE
See. 2-540. Definitions.
The following words,terms and phrases,when used in this Article,shall have the
meanings ascribed to them in this Section:
Administrative decision maker shall mean the City officer or employee whose
decision or action is subject to appeal to the City Manager pursuant to the City Code.
Appellant shall mean the person or organization who has taken an appeal from
an administrative decision maker to the City Manager by the filing of a notice of
appeal.
Sec. 2-541. Certain appeals to be taken to City Manager.
Where the Code allows for appeals to the City Manager of decisions made or
actions taken by an administrative decision maker, the appeals procedures set forth
herein shall apply unless different or additional procedures are specifically set forth
in the Code sections pertaining to such decision or action. Where different
procedures are set forth,those procedures shall control. Where additional procedures
are set forth,they shall be in addition to the procedures set forth in this Article. This
Article shall not apply to the appeals process set forth in the City's Personnel
Policies and Procedures.
Sec. 2-542. Filing of notice of appeal.
An appeal may be taken by filing a written notice of appeal with the City
Manager within fourteen (14) days after the decision or action which is the subject
of the appeal. The notice of appeal shall be signed by all appellants and shall include
the following:
(1) The action or decision which is the subject of the appeal;
(2) The date of such action;
(3) A specific statement of the reasons for appeal, and any data or
documentation upon which the appellant seeks to rely.
(4) The name,address,telephone number and relationship of each appellant to
the subject of the action or decision being appealed; and
(5) In the case of an appeal by more than one (1) appellant, the name, address
and telephone number of one(1)such appellant who shall be authorized to
receive,on behalf of all appellants, any notice required to be mailed by the
city to the appellants under the provisions of§§ 2-543 or 2-544.
Sec. 2-543. Review of notice of appeal by City Attorney.
Within five(5) working days of the date of the filing of the notice of appeal, the
notice shall be reviewed by the City Attorney for any obvious defects in § 2-542
shall be deemed deficient. The City Manager shall notify the appellant in writing of
any such deficiency, which notice shall be mailed no more than five (5) working
days from the date of the filing of the notice of appeal. The appellant shall have five
(5) working days from the date of mailing of the notice of deficiency to cure such
deficiency. If the appellant does not cure the deficiency within said period of time,
the appeal may be dismissed if, in the judgement of the City Manager, the notice of
appeal does not provide adequate information to allow the parties involved to prepare
for the hearing on the appeal.
Sec. 2-544. Scheduling of hearing.
Upon receipt of an appeal,the City Manager shall schedule a date for hearing the
appeal, which hearing shall be held no later than forty-five (45)days after the filing
of the notice of appeal. Written notice of the date,time and place of the hearing shall
be mailed by the City Manager to the appellant no less than fourteen (14) calendar
days prior to the date of said hearing. Notice shall also be provided to the
administrative decision maker and all city staff and members of the public who
• appeared before or presented evidence or information to the administrative decision
maker regarding the decision that is the subject of the appeal. Said notice shall
include a copy of the notice of appeal.
Sec. 2-545. Procedure at hearing; burden of proof; final decision.
(a) In hearing an appeal that has been filed under the provisions of this Article,
the City Manager shall hear the matter anew,and shall not be limited to the evidence
originally presented to the administrative decision maker. The City Manager's
decision shall be based on the evidence and such criteria as exist in the Code or
administrative guidelines.
(b) At the hearing, the City Manager shall provide the appellant and city staff
an opportunity to present testimony and evidence regarding the matter being
appealed. This shall include:
(1) Explanation of the nature of the appeal by city staff;
(2) Presentation by the appellant and any other interested parties of evidence
and argument in support of the appeal;
(3) Presentation by city staff and any other interested parties of evidence and
argument in opposition to the appeal;
(4) Presentation of rebuttal arguments, as permitted in the discretion of the
City Manager.
(c) The burden of proof in the hearing shall be on the appellant.
(d) The hearing shall be tape recorded and the tape retained for sixty(60) days
from the date of the City Manager's written decision.
(e) The City Manager shall issue his or her final decision in writing no later
than fourteen (14) days following the hearing, and shall provide a copy of such
decision to all appellants and the administrative decision maker. Other interested
parties may obtain a copy of the decision upon request to the City Manager's Office.
(f) The decision of the City Manager shall be final, subject only to such
judicial review, if any, as may be available under the Colorado Rules of Civil
Procedure. The date of the City Manager's written decision shall be the date of final
action for the purpose of any such subsequent judicial review of the decision of the
City Manager.
•
Secs. 2-546—2-565. Reserved.
Section 2. That Section 7.5-23 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 7.5-23. Appeals.
(a) Any property owner or developer may appeal the following decisions to the
City Manager,pursuant to such administrative I proeessntnaybeestabiished
tlieagprals a Cod"e,attCl t te ed t tl rticle IgfCapter2cfth
reurem6 ifSuh ,'below:ispecific:(1) The applicability of any fee to the development;
(2) The amount of any such fee;
(3) The availability, amount or application of any offset or credit; or
(4) The amount of any refund, as determined by the Financial Officer, under
the provision of§ 7.5-25 below.
(b) The burden of proof in any such hearing shall be on the applicant to
demonstrate that the amount of fee or offset or credit was not properly calculated by
the city. In the event of an appeal of the amount of a fee, the feepayer shall, at his
or her expense, prepare and submit to the City Manager an independent fee
calculation study for the fee in question. The independent fee calculation study shall
follow the methodologies used in the Capital Improvement Expansion Cost Study,
dated May 21, 1996, as amended, or the city's Street Oversizing Impact Fee Study,
dated July 15, 1997, as amended, whichever is applicable. The independent fee
calculation study shall be conducted by a professional in impact analysis. The
burden shall be on the feepayer to provide the City Manager all relevant data,
analysis and reports which would assist the City Manager in determining whether the
ca ital im rovement ex ansion fee should be ad'usted. en,
OR(C) All VlJeals 111t1st state Witt! 011ecificitY tile =S011S fOl tile Vplfti Wid shall
eity MaLlarCL, as applicable, shall notifj tile aPjJliC2tL1t Of thC 11CMiLig date On the
applicant and city Stftff 2M OPPOIhMity to present testintony and evidence regwding
aMMILIt Only if thme is mbstantiad COLIlVetClIt evidence in tile MCOLd that the city
Section 3. That Section 7.5-25(d) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-25 Procedure to obtain refund.
(d) The decision of the Financial Officer with regard to the refund may be
appealed to the City Manager under the provisions of§ 7.5-23(4),an4 Article VI of
Chapter 2 of this Code.
Section 4. That Section 7.5-49 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 7.5-49. Appeals of amount of in-lieu fees.
(a) Any property owner or developer may appeal to the City Manager,pursuant
to theappeals-procedure
set fcsrth in A icle H of Chapter;2 of-Lltis-Code, fit{l=the spec ftc requirements of
Sil'Ui&ec(# nj,belQyx, the amount of any in-lieu fee or any determination regarding
the refund of a fee under the provisions of§ 7.5-50(c) below.
(b) Any sad, appeal mast be filed With thC eity NfWIagCL in wriffilg WithiLl
thirty (30) day. Vf the date of thed. CiSiOtl VI aCtiOn being appealed. Tile btIldCLI 0
In the event of an appeal of the
amount of a fee, the feepayer shall, at his or her expense, prepare and submit to the
City Manager an independent fee calculation study for the fee in question. The
independent fee calculation study shall follow the criteria described in § 7.5-48(d)
above. The burden shall be on the feepayer to provide the City Manager all relevant
data, analysis and reports which would assist the City Manager in determining
whether the in-lieu fee should be adjusted. .
reffind being appe2ded. The E!ity Nfanaget shall modffy said 2miciant 0.11rif them is
finai-
Section 5. That Section 7.5-83(e) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-83. Independent fee calculation study.
(e) Appeal of independent fee calculation study decision.
(1) A feepayer affected by the administrative decision of the Fee Administrator
on an independent fee calculation study may appeal such decision to the
City Manager
pursuant to the
apReal ;procedure set foRli m Article VI of Chapter 2 of tlu s,,Code,and the
Spec"Ific Cegtatremegts of Stkbpapgraph,42ibelow.
(2)
ievem the decision of the Fee AdHlilriftl2ftl. In making his or her
decision, the City Manager shall apply the standards in § .5-83 this
$O, 'c If the City Manager reverses the decision of the Fee
Administrator, the City Manager shall direct the Administrator to
recalculate the fee in accordance with his or her findings.
Section 6. That Section 7.5-84(d) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-84. Credits.
(d) Appeal of credit decision. A feepayer affected by the decision of the Fee
Administrator regarding credits may appeal such decision to the City Manager by
fifing voith the Fee Adminiattato., within ten (10) oorking, days of the date of tile
�, uf�g`'ter 2 of:!
e City Manage ,
iecision of the Fee AdLLTi11i3ft2ttOL shall'apply the standards
in§:7.5-84 OxiS Sec Za . If the City Manager reverses the decision,the City Manager
shall direct the Fee Administrator to readjust the credit in accordance with his or her
findings.
• Section 7. That Section 7.5-85(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-85. Benefit districts.
(c) Appeal of refund decision. A feepayer affected by the Fee Administrator's
decision regarding refunds may appeal such decision to the City Manager by fifing
Put , xaPexfeset for nu nat44fts,Code
In Tthe City Manage.,
shEWi" the standards in
this Section. If the City Manager reverses the decision of the Fee Administrator;the
City Manager shall direct the Administrator to readjust the refund in accordance with
his or her findings.
Section 8. That Section 15-265(g) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-265. Investigation and approval of licensees and managers required.
(g) The revocation,suspension or denial of the issuance or renewal of a license
or manager's certificate maybe appealed to the City Manager pt; suant fa?the appeals
procedure seGrfonh=in,,4 Geleu,VI of ChaM 2,of,t¢ts Code,
Rules of 6ivil ProcedUM.
Section 9. That Section 15-318(e) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.15-318. Application for secondhand dealer license;renewal;limitation on
use; appeals.
(e) The revocation,suspension or denial of the issuance or renewal of a license
may be a Baled to the City Manager.:
•
Section 10. That Section 15-368 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-368. Suspension or revocation of license or endorsements.
The City Engineer may suspend or revoke any license or endorsement issued
under this Article upon determining that the licensee:
(1) Has failed to abide by the requirements of this Code, including this Article,
relating to work done under the license and/or endorsement.
(2) Is unqualified to perform the work for which the license or endorsement
was issued.
(3) Has demonstrated a careless, dangerous or destructive approach to the
work being performed.
(4) Has violated provisions of the applicable construction or repair standards
or specifications.
Upon taking action to suspend or revoke a license, the City Engineer shall give
written notice to the licensee of such action.Such license shall not be in effect again
until duly reinstated by the City Engineer, nor shall any refund of the license fee be
made for any length of time for which the license has been suspended or revoked.
The licensee may appeal the decision of the City Engineer to the City Manager by
puruap ;t1 t , gpIs.pufo"sit frth iu Article�!I of
Cli 0W 2 ofth Qbde
shall be final:
Section 11. That Section 23-194(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-194. Natural areas permit process.
(c) A permit decision by the Director under§23 i94(b) ,
may be a ealed to the Cit Manager
Section 12. That Section 23-204(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-204. Recreation area permit process.
(c) A permit decision by the Director under§z23 264(b)Su ctio (b)above
may be appealed to the City Managerthe pernfitapplied for,the specific deeisiml tinde, appeai and the b2mis for the appeal.
g,' ta;�'a �pedure s�1`y{rth in
Atttele 4 "liapte ��tohiole
subject decision.�Rie eity Nimiage, may conduct attelt diSCUSSiMS V1 proceedings as
lie m she deenis aPpr0JJLi3tC to investigate the appeal, and shall issue 2t Mitt=
Section 13. That Section 24-1 l3(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-113. Fee waiver, appeals.
(b) Appeals. Any decision of the City Engineer under Subsection (a) of this
Section abpye may be appealed to the City Manager gursuant to the appeals
groged trr� ticl i of ChapCec2 oftlus,God
fhiah Ally dMiSiVn Of till eity NfftL!ftrCL UrldCL Subsection (b) of this Srction mny
of the Ebde..
Introduced, considered favorably on first reading, and ordered published this 3rd day of
September, A.D. 2002, and to be presented for final passage on the 17th day of September, A.D.
2002.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of September, A.D. 2002.
Mayor
ATTEST:
City Clerk