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Home My WebLink About1981 Ordinance No. 068.. . . • • • ,,/ I •• BY AUTHORITY ORDINANCE NO. (, .r SERIES OF 198_1 __ _ 7,6 COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCEDURE BEFORE HEARING BODIES OF THE CITY AND PROVIDING FOR APPEAL THEREFROM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title I, Chapter 7, Sections 1 through, to and lncludinq 7, of the E.M.C.'69, as amended, relating to rules of procedure before hearinq bodies of the City and providing for appeal therefrom be amended to read as follows: 1-7-1: PURPOSE AND APPLICABILITY The purpose of the rules of procedure contained herein is to provide a uniform, consistent and expeditious method of procedure for the conduct of all hearings held before the City Council, or any board, commission, or official of the City. The provisions of this chapter shall be applied uniformly in all such hearings1 provided, however, that any board, commission, or official may supplement the provisions of this chapter by the adoption of further rules of procedure not inconsistent herewith. All rules adopted to supplement the provisions of this chapter by any board, commission, or official shall be reduced to writing and copies thereof shall be made available to the public. Nothing herein contained shall be construed or interpreted to qrant to any person a riqht to appeal to the City Council or to any board, commission, or official of the City, or to have a hearing before the same, unless the provisions of the City Charter, any applicable State statute, or other ordinance, grants such a right, the sole purpose of this chapter beinq to establish procedural rules for hearings otherwise required by the provisions of other laws. 1-7-2: DEFINITIONS (a) As used in this chapter: (1) Atilftinis~ra~ive HEARING body shall mean the City Council ·or any board, commission, or official of the City • • • ,. • ... -.. (2) Clerk shall mean the City Clerk or the secretary of any board or commission or . other appropriate official. (3) Applicant shall mean the petitioner, appealing party, or complainant. (4) Opponent shall mean any person in interest opposing the applicant. (5) Aggrieved person shall mean any person having a direct and substantial interest in the outcome of any quasi-judicial hear- ing, or any person having a right of appeal therefrom by virtue of any Charter provision, State statute or ordinance. (b) Department Heads or authorized officials of the City, or the City itself, may be applicant or a respondent, or an aggrieved person as the case may be • 1-7-3: NATURE OF HEARINGS (a) Quasi-Judicial Hearings. The provisions of Section 1-7-7 hereof shall be applicable only to those hearings where the atbliftiseraeive HEARING body is called upon to exercise a power of a judicial or quasi-judicial nature, which, for the purpose of this Chapter, shall be deemed to eefteiee eftiJ ef INCLUDE, BUT NOT BE LIMITED TO, the following: (1) (2) Hearings before ei~y-ee.meii LIQUOR LICENSING AUTHORITY upon application for the issuance, or hearings for the suspension or revocation, of liquor or fermented malt beverage licenses1 HEARINGS BEFORE CITY COUNCIL upon ordinances which zone or re-zone realty1 ORDINANCES WHICH aftftexae~eft ANNEX eraiftafteee PROPE RTY TO THE CITY OF ENGLEWOOD1 and upon all appeals from the decisions of any City official, board or commission, where such an appeal is eeherwiee authorized BY CHARTER, STATUTE OR ORDINANCE, and which requires an evidentiary hearing to determine such appeal. i~t (3) Hearings before the Board of Adjustment and Appeals apen appea~e i.e• asy &ee~a.i.ea -2- ,• .• • •• •• -t3t (4) -+•t (5) (6) of-~ Departsene--M -B\lildinfJ ~ ~ ~peR *e~~ea~a ~o~ a varianee er eteeepe~ell ~~Qlll ~fte •e••• el any e•a,Raftee. Hearings before the Board of Career Service Commissioners upon appeals from disciplinary actions against employees. Hearings before the City Council or any board OR commission or official respecting the issuance, suspension or revocation of any license issued by the City, or the imposition of any assessments or penalty. . . . . . .. . . . . Hearings before other Boards or Commissions that ineet the requirements of a quasi- j udicial hearing as established by the Colorado Supreme Court. {b) Administrative Hearings. All other hearings before an ac!lftinistrative HEARING body shall be deemed to be administrative hearings the p u r- pose of which is to obtain information to enable Council to determine legislative policy or to enable any board or commission to make recommendations to Council upon proposed or pending legislation. Such hearings shall be conducted in compliance with the provisions of Sections 1-7-4, l ·-7-5 and 1-7-6, and in such a manner so as to enable any person desiring to be heard a reasonable opportunity for the presentation of his views, but there shall be no requirement for compliance with the provisions of Section 1-7-7. (c) THE QUESTION OF WHETHER A HEARING IS ADMINIS- TRATIVE OR QUASI-JUDICIAL SHALL BE RAISED AT THE HEARING AND THE HEARING BODY SHALL RULE THEREON OR MAY ADJOURN THE HEARING FOR LEGAL ASSISTANCE. 1-7-4: COMMENCEMENT OF PROCEEDINGS All proceedings conducted pursuant to this Chapter shall be commenced in the manner provided by the Charter, Statute or ordinance governing the matter. In any proceeding involving the appeal of a decision of a City official, board or commission, the appeal procedure ahall be commenced by the filing with the clerk or recording secretary of the atilllinise•aei•e HEARING body involved of a written notice of appeal by any party entitled to take such appeal upon froms to be supplied by th• • ._.ftiee•ae*ve HEARING body having jurisdiction over -3- I . . • • • the .~ppeal within a period of thirty (35.) days from the t1ate of the decision being appealed, unless a diff,,rent time for appeal is set by the Charter, Statnte or other ordinance involved. 1-7-5: REFERRAL TO ABM!Nf S~RA~!VB HEARING BODY Upon receipt by the clerk of any application, petition, notice of appeal, complaint, or other instrument initiating a hearing, the same shall be ref erred to the adm~niserae*ve HEARING body having jurisdiction over the matter, and a date, time and place for hearing thereon shall be set by said ac!miniseraeive HEARING body, which shall direct public notice thereof to be given, if otherwise required: provided, however, that the a8Jftinieeraeive HEARING body may authorize its clerk to set a date, time and place for hearing upon receipt of such instrument without the necessity for action by the ac!miniseraeive HEARING body itself . 1-7-6: PUBLIC NOTICE Public notice, if required, of the date, time and place of the public hearing shall be given in the manner provided by the Charter, Statute or ordinance pursuant to which said heating is to be held. In the absence of provisions specifically delineating the manner in which public notice is to be given, notice of the date, time, place and purpose of the hearing to be held shall be published once in that newspaper designated by City Council as the City's official newspaper not less than fifteen (15) days prior to the date of said hear- ing. In the event the public hearing is postponed, notice shall be given of the date, time and place to which the hearing has been postponed, either by causing further notice to be published, as above provided, or by publicly announcing at the date, time and place set in the original notice of the hearing's postponement of the new date, time and place when and where the post- poned hearing sha l l be held. 1-7-7: QUASI-JUDICIAL HEARINGS (a) Rights of Participants. All quasi-judicial hearings, as hereinabove designated, shall be conduct ed under THE FOLLOWING procedures: de~±gned te ±n~ttre a%% ineereeeed pareies dtte preeess ef %aw ane sha%%7 in a~% eases7 previde fer ~he f e%iewin~~ -4- ., •• • :• (1) ~he adl'ftift*seraeieft ef eaena ee All parties or witnesses who appear for the purpose of testifying upon factual matters SHALL TESTIFY UNDER OATH; (2) The cross-examination, upon request of the interested parties, of all witnesses; (3) The stenographic, or other verbatim, repro- duction of all testimony presented in said hearing; and (4) WITHIN 35 DAYS AFTER A QUASI-JUDICIAL HEARING, a written decision by the hear- ing ·body which shall set forth the factual bases and reasons for the decision rendered. (b) Order of Procedure. fft aft AT quasi-judicial hearings, as here~ft desi~ftaeed7 the following order of procedure shall be ·followed;.HOWEVER THE . PROCEDURE MAY BE MODIFIED BY THE HEARING BODY WHEN CIRCUMSTANCES REQUIRE THE ORDER TO BE CHANGED: (1) First, there shall be presented those documents showing the regularity of the commencement of the proceedings and the due form of the public notice given. (2) NEXT, THE HEARING BODY SHALL RECEIVF STAFF PRESENTATION CONCERNING THE ISSUE B'~FORE THE BODY. (3) Next, the applicant's aha~~ preaefte PRESENTATION OF such material evidence, if any, as he desires. (4) The aem~"is~rae~ve HEARING body shall upon completion of the presentation of the applicant's evidence, call upon any person present in support of applicant's position to present such evidence and information as he may desire. (5) Thereafter, the asm~ftieerae~ve HEARING body shall call for the presentation of information and evidence from any person present at the hearing who desires to oppose the application, petition, appeal or complaint. -5- . . . . • •• • • (6) The applicant shall then be given an opportunity to present any further matter in opposition or rebuttal to the matters presented by the opponents. (7) All documents, or other items of physical evidence, shall be marked as exhibits with such identifying symbols as may be neces- sary to determine the exhibit referred to by any witness or other person. (c) Rules of Evidence. The a4ia'ft'•trative HEARING body shall not be required to observe any formal rules of evidence, but may consider any matter which a majority thereof conclude is reasonably reliable and calculated to aid the hearing body in reaching an accurate determination of the issues involved. (d) Deliberations and Netiee ef Beeiaieft VOTE. Each ad!ftinistrative HEARING body is authorized to deliberate upon the issues presented at the hearing in private, non-public sessions; pro- vided that no decision shall be effective except upon a vote of the members of the hearing body, conducted in an open session thereof.whieh eha!! be dtt%y reeerded in the mift~tee ef the adlliftie- trat*ve bedyT A%% deeiaiefte aha!! be ift writift• and a eepy er the eaae eha!! be 4e!ivere4 te the app%ieant and ether ifttereate4 partie•T via eert*r*ed ma*% at the a44re•• aet ferth ift the app%ieatien1 petitien7 eeap!aiftt er netiee ef appea%1 ttn%ess said 4eeieieft ie te be eabe4ie4 in an erd*nanee whieh ie p~!iahe4 by the pre- vi siens er the eharter7 er ~ft!e•• the eharter7 Statttte er erdinanee ttnder whieh the hearin• ie be*n~ eendtteted re~airee ftetiee ef the 4eeisien te be ~iven *" a dirferent maftnerT (e) THE PARTY WHO APPEALS A DECISION OF A HEARING BODY SHALL PAY FOR PREPARATION OF THE VERBATIM RECORD AND EXHIBITS OF THE HEARING FROM WHICH THE APPEAL IS TAKEN. ~et (f) Judicial Enforcement and Review of Decision. Any party aggrieved by an adlliftietrative HEARING body in any quasi-judicial hearing, or the City itself, may apply to have said decision reviewed by a court of competent jurisdiction, in accordance with the provions therefor -6- . , .. ,. •• • • contained within the Colorado Rules of Civil Procedure. previded the aetien is eemaeneed nee mere ehan ninety i98~ daye allb•e•aene ee ehe date ef said deeieien er wiehin saeh sherter t*me as may be re•aired by 'the eharter7 Seaeate er erdinanee ander whieh eaeh hearin9 was heidT ~he eost oi preparatien ef the reeord of the hearin9 aha~~ be assessed a9ainee appea~in9 party in the event the deeiaion appeaie4 f roa *s affirmed by the eeartT (g) In the event that saeh ;aaieiai review results in a ;aaieia~ deeiaratien setting aside or reversing said decision, the members ef ~e a&ftin~strati¥e bedy whieh rendered aaeh deeieien CITY COUNCIL may take such steps as may be neces- sary to obtain an appellate review of the same, either through the institution of original pro- ceedings or through appeal. in their ewn naJRe•T in their respeetive eapaeitiee7 as members ef the adlllinistrative Betty renderin9 the deeisienT Shea~d any parey net eoapiy with any deeision of any hearint bedy7 the members of the ad!ftinistrative bedy invoived7 or the eity itee~fT may; in addition te any ether ie9ai remedies which may exist ~er eeapeiiin9 eeapiianee there- with 7 petition any eeart ef eoapetent ;ariediet*on for the enter*n9 ef a ;aaieiai deeree eoapei~int compi±ance therewith7 petitien any eoart ef competent ;arisdietien fer the enterint ef a jadic±a% decree eoapeiiint eeapiianee with said decision~ Introduced, read in full and passed on firat reading on the 21st day of September, 1981. Published as a Bill for an Ordinance on the23rd day of September, 1981. Read in full and passe~ as amended on the 5th day of October, 1981. Published in full as amended on the 7th day of October, 1981. Read by title and passed on final reading on the 19th day of October, 1981 • -7- ..,. ~. . .,. •. . .. . . . :e • • Published by title as Ordinance No.··~~, Series of 1981, on the 21st day of October, 1981. ~ Attest: . l/7\1_&11A. 22~ ex d'fftcio J11ty Cl~r~reasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ , Series of 1981. CQ<l '7!" ft~ ary R. H ee -8-