HomeMy WebLinkAbout067 - 07/20/1993 - AMENDING CITY CODE PERTAINING TO THE PRESENTATION OF APPEALS TO THE CITY COUNCIL ORDINANCE NO. 67, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE PROVISIONS OF CHAPTER 2, ARTICLE II,
DIVISION 3, OF THE CITY CODE PERTAINING TO THE
PRESENTATION OF APPEALS TO THE CITY COUNCIL
WHEREAS, the decisions of certain City boards and commissions are
appealable to the City Council under the provisions of Article II, Division 3 of
the City Code; and
WHEREAS, the City Council believes it to be in the best interests of the
City that certain amendments be made to the provisions of the City Code which
establish the procedure for such appeals.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the definition of "Final decision" under Section 2-46 of
the City Code is hereby amended to read as follows:
Sec. 2-46. Definitions.
Final decision shall mean the action of a board or commission by
a vote of a majority of its members when no further rehearing is
available before such board or commission; provided, however, that
a recommendation to the City Council from a board or commission
shall not be considered as a final decision of that board or
commission.
Section 2. That Section 2-49 of the City Code is hereby amended to read
as follows:
Sec. 2-49. Filing of notice of appeal .
An appeal shall be taken by filing a notice of appeal of the
final decision of a board or commission to which this Division
applies with the City Clerk within fourteen (14) days after the
action which is the subject of the appeal . Such notice of appeal
shall be signed by all appellants and shall include the following
information:
(1) The action of the board or commission which is the
subject of the appeal ;
(2) The date of such action;
(3) The name, address, telephone number and relationship of
each appellant to the subject of the action of the board
or commission;
(4) For all appeals except those filed by members of the
City Council , the grounds for the appeal , including
specific allegations of error and a summary of the facts
contained in the record on appeal which support those
allegations.
Section 3. That Section 2-56 of the City Code is hereby amended to read
as follows:
Sec. 2-56. Alternative actions available to the City Council ; date
of final action.
(a) The City 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 except to the extent
that such new evidence is offered in support of or in opposition to
an allegation under §2-48(3(c) that a board or commission considered
evidence relevant to its findings which was substantially false or
grossly misleading. Any such new evidence shall be limited to that
which directly rebuts or supports the allegedly false or misleading
evidence. The Mayor, upon the advice of the City Attorney, shall
determine the admissibility of all evidence at the hearing on
appeal , which determination may be overturned by majority vote of
the members of the Council present at the hearing.
(b) At the conclusion of such hearing, the City Council shall
uphold, overturn or modify the decision of the board or commission;
provided, however, that the City Council may instead remand the
matter for rehearing if it finds that the appellant was denied a
fair hearing before the board or commission for any of the reasons
stated in §2-48(3) . No later than the date of its next regular
meeting, the City Council shall adopt, by resolution, findings of
fact in support of its decision. The date of passage of such
resolution shall be the date of final action of the City Council for
the purpose of any subsequent judicial review of the decision of the
City Council .
Introduced, considered favorably on first reading, and ordered published
this 6th day of July, A.D. 1993, and to be presented for final {JassagePe
20th day of July, A.D. 1993.
"YlaIr
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of�ddly, A.D. 93. ;
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ATTEST: Mayor
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City Clerk