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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: -2- 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 -3-