HomeMy WebLinkAbout234 - 01/05/1999 - AMENDING CITY CODE PERTAINING TO THE PROCEDURE FOR HEARING APPEALS TO THE CITY COUNCIL ORDINANCE NO. 234, 1998
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 PROCEDURE FOR HEARING APPEALS TO THE CITY COUNCIL
WHEREAS, Chapter 2, Article II, Division 3 of the Code of the City of Fort Collins
establishes a procedure for hearing appeals taken to the City Council from the decision of certain
boards and commissions,as well as other decision makers as defined in the City of Fort Collins Land
Use Code (the "Appeals Procedure"); and
WHEREAS, the current provisions in the Appeals Procedure relating to the time period
wherein an appellant may amend an appeal are difficult to interpret and apply; and
WHEREAS,staff has recommended certain amendments to the Appeals Procedure to clarify
these provisions, which amendments also affect time periods contained in other provisions of the
Appeals Procedure; and
WHEREAS, the Appeals Procedure currently prohibits any action being taken in reliance
upon an appealable decision until the appeal rights arc exhausted; and
WHEREAS, staff has recommended that the prohibition against the taking of action be
changed to a provision stating that actions taken in reliance upon such decisions be permitted, but
at the sole risk of the person taking such action.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 2-48(a) of the City Code is hereby amended so as to read in its
entirety 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.
Section 2. That Section 2-50 of the City Code is hereby amended so as to read in its
entirety as follows:
Sec. 2-50. Review of notice of appeal by City Attorney.
Within five (5) working days of the date of the filing of the notice of appeal, the
notice shall be reviewed by the City Attorney for any obvious defects in form or
substance. The City Clerk shall notify the appellant in writing by certified mail of
any such defect in the notice of appeal, which notice shall be mailed no more than
seven (7) working days from the date of filing of the notice of appeal.
Section 3. That Section 2-51 of the City Code is hereby amended so as to read in its
entirety as follows:
Sec. 2-51. Amended notice of appeal permitted.
An amended notice of appeal may be filed by the appellant within fourteen (14)
working days after the date of filing of the notice of appeal. Such amended notice of
appeal shall contain all of the information required under § 2-49 for the original
notice of appeal and, upon filing with the City Clerk, shall supersede the original
notice of appeal. Amendments to the notice of appeal need not be limited to those
defects, if any, which have been identified by the City Attorney.
Section 4. That Section 2-54 of the City Code is hereby amended so as to read in its
entirety as follows:
Sec. 2-54. Scheduling of the hearing.
(a) In the event of an appeal,the City Clerk shall schedule a date for hearing the
appeal no less than thirty (30) nor more than sixty (60) calendar days after the date
of filing of the notice of appeal. Written notice of the date, time and place of the
hearing shall be mailed by the City Clerk to the appellant and all other parties-in-
interest no less than ten (10) calendar days prior to the date of said hearing. Said
notice shall also include a copy of the notice of appeal or amended notice of appeal,
as applicable, and shall inform the parties-in-interest of the period of time within
which additional issues may be identified under §2-56.
(b) Any written materials that any party-in-interest may wish the City Council
to consider in deciding the appeal shall be submitted to the City Clerk no later than
12:00 p.m. on the Wednesday immediately preceding the date upon which the
hearing on the appeal is scheduled to be held. Such materials shall then be included
by the City Clerk in the agenda materials pertaining to the appeal.
Section 5. That Section 2-56(a)of the City Code is hereby amended so as to read in its
entirety as follows:
Sec. 2-56. New evidence; scope of review; 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,
the relevant provisions of the Code and Charter, the grounds for appeal cited in the
notice of appeal and any additional issues identified by a member of the City Council
prior to the hearing.Any such additional issues must be identified in writing and filed
with the City Clerk no later than seven (7) calendar days prior to the date of the
hearing.
Section 6. That the amendments to Chapter 2 of the City Code contained in this
ordinance shall apply to all appeals filed on or after January 15, 1999.
Introduced, considered favorably on first reading, and ordered published this 15th day of
December, A.D. 1998, and to be presented for final passage on Stlyday of Janua999.
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nor
ATTEST:
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City Clerk
Passed and adopted on final reading this 5th day of Ja y,A.D. 1999.
ar
ATTEST:
City Clerk