Sections:
3-11-004-0001 Initiation
3-11-004-0002 Burden of Proof
3-11-004-0003 Contents
3-11-004-0004 Decision
3-11-004-0001 Initiation
A. An appeal from any decision of a City official pursuant to this Chapter shall be made to the Mayor and City Council by filing a written appeal with the City Clerk within thirty (30) days following the decision which is being appealed. Pursuant to Arizona Revised Statutes § 9-462.08, the Mayor and City Council may appoint a hearing officer to hear the appeal, in which case the hearing officer shall have the authority to conduct hearings as required by this Chapter.
B. If the notice of appeal is accompanied by a bond, letter of credit, or other form of assurance satisfactory to the City Attorney and the Finance Director in an amount equal to the development fee calculated to be due, a building permit may be issued to the new development.
C. The filing of an appeal shall not stay the imposition or the collection of the development fee as calculated by the City unless a bond, letter of credit, or other form of assurance satisfactory to the City Attorney and the Finance Director in an amount equal to the development fee calculated to be due has been provided.
3-11-004-0002 Burden of Proof
The burden of proof shall be on the appellant to demonstrate that the decision of the City is erroneous.
3-11-004-0003 Contents
All appeals shall detail the specific grounds therefor and all other information necessary for a determination.
3-11-004-0004 Decision
A. The Mayor and City Council shall:
1. determine whether there is an error in an order, requirement or decision made by a City official in the enforcement of this Chapter, and/or
2. determine whether the fee would amount to a taking of private property or otherwise violate the constitutional rights of the applicant pursuant to Arizona or federal law.
B. Based on the information provided at the hearing, reverse or affirm, wholly or partly, or modify the order, requirement or decision of the City official appealed from and make such order, requirement, decision or determination as necessary.
C. The Mayor and City Council shall render a decision on the appeal within ninety (90) days after the filing of the appeal.