HomeMy WebLinkAbout124 - 09/01/1987 - AMENDING CITY CODE RELATING TO APPEALS PROCEDURES ORDINANCE NO. 124, 1987
OF THE COUNCIL OF THE CITY OF FORT COLLINS
BEING AN ORDINANCE AMENDING CHAPTER 3A
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO APPEALS PROCEDURES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1 . That Section 3A-3 of the Code of the City of Fort Collins
is hereby amended to read as follows:
Section 3a-3. Appeal of final decision permitted.
A party-in-interest may appeal to the City Council the final
decision of any board or commission to which this appeal
procedure applies in the manner provided herein. Grounds for
such appeal shall be limited to allegations that the board or
commission committed one (1) or more of the following errors:
(1) Abuse of discretion, in that its decision was arbitrary
and without the support of competent evidence in the
record.
(2) Failure to properly interpret and apply relevant
provisions of the Code and Charter of the City of Fort
Collins.
(3) Failure to conduct a fair hearing in that:
( a) The board or commission exceeded its
authority or jurisdiction as contained in the
Code and Charter of the City of Fort Collins;
(b) The board or commission substantially ignored
its previously established rules of
procedure;
(c) The board or commission considered evidence
relevant to its findings which was
substantially false or grossly misleading; or
(d) The board or commission improperly failed to
receive all relevant evidence offered by the
appellant.
Section 2. That Section 3A-10 of the Code of the City of Fort Collins
is hereby amended to read as follows:
Section 3A-10. Procedure at the hearing.
At the hearing on the appeal by City Council , the following
procedure shall be followed:
(1) There shall first be a determination by the Council , by
majority vote of its members, whether the written
grounds for appeal conform to the requirements of
Section 3A-3 of this Chapter. If the grounds do not so
conform, the appeal shall be denied.
(2) If the grounds do so conform, the Council shall next
consider any allegation that the board or commission
improperly failed to receive all relevant evidence
offered by the appellant as described in Section
3A-3(3) (d) above. If the Council finds that such error
occurred, it shall remand the matter back to the board
or commission for rehearing in light of the previously
excluded evidence.
(3) If the Council finds that such error regarding the
failure to receive evidence did not occur, it shall
then consider the merits of any additional allegations
of error which conform to the requirements of Section
3A-3 above.
The presentation of evidence and argument on the merits
of the appeal shall be made in the following order, subject
to such limitations, in time and scope as may be imposed at
the discretion of the mayor:
(1) Explanation of the nature of the appeal and pres-
entation by city staff.
(2) Presentation of evidence and argument by the appellant.
(3) Presentation of evidence and argument by opponents of
the appeal .
(4) Public discussion.
(5) Motion, discussion and vote by Council .
Section 3. That Section 3A-11 of the Code of the City of Fort Collins
is hereby amended to read as follows:
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Section 3A-11 . Alternative actions available to Council .
The Council shall consider an appeal based upon the record
on appeal and relevant provisions of the Code and Charter. New
evidence shall not be considered on appeal . At the conclusion of
such hearing, the Council shall uphold, overturn or modify the
decision of the board or commission; provided, however, that the
Council may instead remand the matter for rehearing as provided
in Section 3A-10(2) above.
Introduced, considered favorably on first reading, and ordered
published this 18th day of August, A.D. 1987, and to be presented for final
passage on the 1st day of September, A.D. 1987.
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading this 1st day of September, A.D.
1987.
Mayor
ATTEST:
- VCity C1
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