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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