HomeMy WebLinkAbout090 - 06/06/2006 - AMENDING CHAPTER 2, ARTICLE II, DIVISION 3 OF THE CITY CODE PERTAINING TO THE FILING OF APPEALS BY M ORDINANCE NO. 090, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2, ARTICLE II, DIVISION 3
OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO
THE FI
LING OF APPEALS BY E M MBERS OF THE CITY COUNCIL CL
WHEREAS, Chapter 2, Article II, Division 3 of the City Code establishes a procedure
whereby the final decisions of boards, commissions and other decision makers can be appealed to
the City Council; and
WHEREAS, the Council recently considered at a work session certain proposed changes to
that appeals process that have been recommended by City staff, and
WHEREAS,among the changes recommended by staff is clarification of the Code provision
pertaining to appeals filed by members of the City Council; and
WHEREAS,after considering various alternative ways in which the provisions of the Code
may be changed in this regard, the Council has determined that the Code should be clarified to
expressly state that Councilmembers filing an appeal should not participate in deciding the appeal,
although they may participate in the appeal hearing in the same manner as other appellants.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 2-48 of the Code of the City of Fort Collins is hereby amended to read as
follows:
Sec. 2-48. Appeal of final decision permitted; effect of appeal; grounds for
appeal.
(a) A party-in-interest may appeal to the City Council the final decision
of any board, commission or other decision maker to which this appeal procedure
applies in the manner provided in this Division. Any action taken in reliance upon
any decision of a board,commission or other decision maker that is subject to appeal
under the provisions of this Division shall be totally at the risk of the person(s)taking
such action until all appeal rights related to such decision have been exhausted, and
the City shall not be liable for any damages arising from any such action taken during
said period of time.
(b) Except for appeals by members of the City Council, the permissible
grounds for appeal shall be limited to allegations that the board,commission or other
decision maker committed one (1)or more of the following errors:
(1) Failure to properly interpret and apply relevant provisions of the Code
and Charter.
(2) Failure to conduct a fair hearing in that:
a. The board, commission or other decision maker exceeded its
authority or jurisdiction as contained in the Code or Charter;
b. The board,commission or other decision maker substantially
ignored its previously established rules of procedure;
C. The board, commission or other decision maker considered
evidence relevant to its findings which was substantially false
or grossly misleading; or
d. The board, commission or other decision maker improperly
failed to receive all relevant evidence offered by the appellant.
(c) Appeals filed by members of the City Council need not include
specific grounds for appeal,but shall include a general description of the issues to be
considered on appeal.Upon the filing of any such appeal,the director of the affected
City service area shall identify the specific Code provisions that may pertain to the
issues raised by such appeal and shall provide such information to the City Clerk
prior to the date that the notice of hearing on the appeal is to be mailed by the City
Clerk to parties-in-interest under§2-54.Said information shall then be mailed to the
parties-in-interest together with the notice of hearing. Councilmembers who file an
appeal shall not participate in deciding the appeal. Such Councilmembers may,
however, participate in the appeal hearing in the same manner as other appellants,
notwithstanding the provisions of Section 2-568(c)(2).
Introduced, considered favorably on first reading, and ordered published this 16th day of
May, A.D. 2006, and to be presented for final passage on the 6th day of June, A.D. 2006.
Ma Zr
ATTEST:
City Clerk ��
Passed and adopted on final reading on the 6th day of June, A.D. 2006.
May
ATTEST:
City Clerk