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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. ; l ` <� ATTEST: Mayor %�I-) . City Clerk