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HomeMy WebLinkAbout2992 Administrative Appeals Process ORDINANCE NO. ),qqd-. AN ORDINANCE AMENDING THE UNIFORM ADMINISTRATIVE APPEALS PROCESS AMC CHAPTER 2.30 and AMC 1.04.010 DEFINITIONS. Annotated to show deletions and additions to the code sections being modified. Deletions are bold" ~ .L 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 Firefiohters. Local 1660. Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland would like to amend the Uniform Administrative Appeals ordinance to provide additional clarity and more precise direction for the Hearings 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. Section 2.30.020 is hereby amended to read as follows: 2.30.020 Administrative Appeals Process. Any person aggrieved by the decision of a Department Head or Director may appeal such action to a Hearing Officer through the following procedures if the Ashland Municipal Code chapter granting the City Department Head or Director authority to make the decision expressly authorizes use of this appeals process. Land use decisions subject to AMC Chapter 18 shall not be subject to the appeals process in this Chapter. Appeals processes are as follows: A. A person appealing the Department Head's or Director's action shall, within 10 Days of such action and mailinQ of written notice, file a written notice of appeal with the City Recorder. The written notice of appeal shall include the name and address of the appellant, a statement of the authority or iurisdiction for the appeal. a statement of the appellant's standinQ or riQht to be heard. the Page 1 of 5 nature of the decision being appealed, a short and plain narrative statement includinQ the reason(s) the original decision is alleged to be incorrect, with reference to the particular sections of the Ashland Municipal Code involved" and the result the appellant desires on appeal. B. The City Recorder shall fix the time for the appeal to be heard by the Hearing Officer, place the hearing of the appeal upon the calendar of the Hearing Officer. and notify the appellant in writinQ of the time fixed no less than ten days prior to that time, unless the appellant agrees to a shorter time. C. The appellant shall pay a nonrefundable appeals fee to facilitate the appeal. Appeal Fees shall be set ill 1 SO for each decision appealed, and may be adiusted by Resolution of the Ashland City Council. D. The appellant parties shall be entitled to appear personally and by counsel and to present such facts. evidence and arguments as may tend to support the respective 'positions on his or her appeal. E.' The Hearing Officer shall afford the parties an opportunity to be heard at an appeal hearinQ after reasonable notice. The HearinQ Officer shall take such action upon the appeal as he or she sees fit. The Hearing Officer's decision shall be the final decision of the City. and it shall be issued in writing. The HearinQ Officer shall at a minimum: . 1) At the commencement of the hearinQ. the hearinQs officer shall explain the relevant issues involved in the hearinQ. applicable procedures and the burden of proof. 2) At the commencement of the hearinQ the hearinQs officer shall place on the record the substance of any written or oral ex parte communications concerninQ any relevant and material fact in issue at the hearinQ which was made to the officer outside the official proceedinQs durinQ the pendency of the proceedinQ. The parties shall be notified of the substance of the communication and the riQht to rebut the communication. NotwithstandinQ the above. the Parties are prohibited from enQaQinQ in ex parte communications with the hearinQ officer. 3) Testimonv shall be taken upon oath or affirmation of the witnesses. 4) The HearinQs officer shall insure that the record developed at the hearinQ shows a full and fair inquiry into the relevant and material facts for consideration fo the issues properly before the hearinQs officer. S) A verbatim. written or mechanical record shall be made of all motions. rulinQs and testimonv. The record need not be transcribed unless requested for purposes of rehearinQ or Court review. The City shall require a deposit for costs of transcription or a copy of such transcription. 6) Written testimony may be submitted under penalty of false swearinQ for entry into the record. All written evidence shall be filed with the City recorder no less than eS) five workinQ days before the date of the hearinQ. Page 2 of 5 7) Informal disposition may be made of anv casebv stipulation. aQreed settlement. consent order or default. F. The action of the Department Head or Director shall be stayed pending the outcome of an appeal properly filed pursuant to this section. G. Failure to strictly comply with the applicable appeal requirements, including but not limited to the required elements for the written notice of appeal, time for filing of the notice of appeal, and payment of the applicable appeal fee, shall constitute jurisdictional defects resulting in the summary dismissal of the appeal. H. If the appellant loses on appeal, the appellant will be held financially responsible for the cost to the City of Ashland for the appeal, including but not limited to the cost of hiring an independent Hearing Officer. SECTION 3. AMC Section 1.04.010 is hereby amended to read as follows: 1.04.010 General Provisions. Definitions. The following words and phrases whenever used in this code shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. A. City means the City of Ashland, Oregon, or the area within the territorial limit of the City of Ashland, Oregon. and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision. B. Computation of time means the time within which the act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day be a Saturday. Sunday or a legal holiday, that day shall be excluded. C. Council means the City Council of the City of Ashland, Oregon. All its members or all councilors means the total number of councilors provided by the general laws of the State of Oregon. D. County means the County of Jackson, Oregon. E. Day means calendar dav. unless otherwise stated. F.-€. Law denotes applicable federal law. the constitution and statutes of the State of Oregon, the ordinances of the City of Ashland, and when appropriate, any and all rules and regulations which may be promulgated thereunder. G. f.; May is permissive. H. G. Month means a calendar month. h W. Must and shall are each mandatory. 4. h Oath includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed. K. J. Ordinance means a law of the City; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution. , Page 3 of5 L. K. Owner, applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land. M. b. Person means natural person, joint venture. joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. N. M. Personal property includes money, goods, chattels, things in action and evidences of debt. O. N. Preceding and following mean next before and next after, respectively. P. Q. Property includes real and personal property. Q. P. Real property includes lands, tenements a'nd hereditaments. R. Q. Sidewalk means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians. S.-R. State means the State of Oregon. T. S. Street includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. U. +. Tenant and occupant, applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others. V. V. Title of Office. Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the City. W. V. Written includes printed, typewritten, mimeographed or multi-graphed. X. W. Year means a calendar year. Y. X. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. Z. "{. When an act is required by an ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent. (Ord. 1810 (part), 1974) SECTION 4. 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 5. Codification. Provisions of this Ordinance shall be incorporate9 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, Page40f5 4 and 5) 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 b~tle only in a Section 2(C) of the City Charter on the day of and duly PASSED and ADOPTED this day kllt~ Barbara M. Christensen, City Recorder SIGNED and APPROVED this L day of tJ~ 2009. Reviewed as to form: ty Attorney Page 5 of 5.