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HomeMy WebLinkAbout2971 Administrative Appeals ORDINANCE NO. ~97 , AN ORDINANCE RELATING TO ESTABLISHMENT OF A UNIFORM ADMINISTRATIVE APPEALS PROCESS Annotated to show delotions and additions to the code sections being modified. Deletions are bold . and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefiahters. Local 1660. Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland would like to adopt a simple administrative appeals process that provides for uniform notice and an opportunity to be heard and which can be referenced and used whenever such a process is necessary. WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code to provide some standardized procedures for administrative appeals and to direct such appeals to the City Administrator or other designated officer. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. Sections 2.30.010 [Definitions] through 2.30.020 [Appeals Process] are hereby added to read as follows: 2.30.010 Definitions. A. City Recorder. The person holdina the position of city recorder for the City of Ashland. B. Day. Unless otherwise specified "Days" means calendar days. Page 1 of 3 C. Department Head. The person holdina the position of department head for anv department of the Citv of Ashland. or anv aaent. emplovee. or desianee of the Department Head authorized to perform the duties of the Department Head bv express written deleaation of the Department Head. D. Director. The person holdina the position of director for anv department of the Citv of Ashland. or anv aaent. emplovee. or desianee authorized to perform the duties of the director bv express deleaation of the director. E. Hearina Officer. The Citv Administrator or an outside partv not affiliated with the Citv of Ashland that is hired or selected bv the Citv Administrator or Citv Attornev to conduct an appeals proceedina. 2.30.020 Administrative Appeals Process. Anv person aaarieved bv the decision of a Department Head or Director mav appeal such action to a Hearina Officer throuah the followina procedures if the Ashland Municipal Code chapter arantina the Citv Department Head or Director authoritv to make the decision expresslv authorizes use of this appeals process. Land use decisions subiect to AMC Chapter 18 shall not be subiect to the appeals process in this Chapter. Appeals processes are as follows: A. A person appealina the Department Head's or Director's action shall. within 10 Davs of such action and notice. file a written notice of appeal with the Citv Recorder. The written notice shall include the name and address of the appellant. the nature of the decision beina appealed. the reason{s} the oriainal decision is alleaed to be incorrect. and the result the appellant desires on appeal. B. The Citv Recorder shall fix the time for the appeal to be heard bv the Hearina Officer. place the hearina of the appeal upon the calendar of the Hearina Officer. and notify the appellant of the time fixed no less than ten davs prior to that time. unless the appellant aarees to a shorter time. C. The appellant shall pava nonrefundable appeals fee to facilitate the appeal. Appeal Fees shall be set bv Resolution of the Ashland Citv Council. D. The appellant shall be entitled to appear personallv and bv counsel and to present such facts and arauments as mav tend to support his or her appeal. E. The Hearina Officer shall take such action upon the appeal as he or she sees fit. The Hearina Officer's decision shall be the final decision of the Citv. and it shall be issued in writina. F. The action of the Department Head or Director shall be staved pendina the outcome of an appeal properlv filed pursuant to this section. G. Failure to strictlv complv with the applicable appeal reauirements. includina but not limited to the reauired elements for the written notice of appeal. time for filina. and pavment of the applicable appeal fee. shall constitute iurisdictional defects resultina in the summary dismissal of the appeal. Page 2 of 3 H. If the appellant loses on appeal, the appellant will be held financiallv responsible for the cost to the City of Ashland for the appeal, includina but not limited to the cost of hirina an independent Hearina Officer. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 1, 3 and 4) need not be codified and the City Recorder is authorized to correct any cross- references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 10 day of ~~ be,.-- , 2008, and duly PASSED and ADOPTED this Z/ day of &cJlJfxr- ,2008. ~ it {/4;~ Barbara M. Christensen, City Recorder SIGNED and APPROVED this Zl day of ~2008. ^ ...... . Page 3 of 3