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HomeMy WebLinkAbout1967 Ordinance No. 034I II I Introduced a• a Bill by councilman Parkinson. BY Atn'IERITY ORDillAllCB 80. 34, SERIES OF 1967 A8 ORDillAllCB PRBSCRIBIBG AllD ADOPTIBG RULES OF PROCEDURE FOR ALL ADllDIISTRATJH AllD QUASI-JUDICIAL BBARIRGS BEFORE CITY COUNCIL OR AllY BOARD, CQ181ISSI08 OR OFFICIAL OF THE CITY. BB IT ORDAillBD BY TBB CITY COUBCIL OF THE CITY OF BRGLEWOOD, COLORADO, a• follow•1 Section 1. Purpo•• and Applicability. 'fh• purpoae of th• rule• of procedure contained herein is to provide a unifona, con•i•tent and expeditiou• method of procedure for the conduct of all hearin9• held before the City council, or any board, ccr i••ion or official of the City. The provi•ion• of this ordinance ahall be applied uniformly in all auch hearin9•: provided, however, that any board, callld.aaion or official may •upplement the provisions of thi• ordinance by the adoption of further rules of proceedings not inconai•t•nt her.with. All rule• adopted to aupplement the provisions of thi• ordinance by any board, coani•aion or official •hall be reduced to writift9 and copi•• thereof ahall be made available to the public. 110thift9 herein contained ahall be construed or interpreted to grant to any peraon a r19ht to appeal to the City council or to any board, com- aiaaion or official of the City, or to have a hearing before the same, unl••• the proviaion• of the City Charter, any applicable state statute, or other ordinance, 9ranta auch a ri9ht, the sole purpose of this ordinance being to ••tabliah procedural rule• for hearings otherwise required by the proviaiona of other law•. Stction 2. Bature of Bearing•. 2-1 Qgaai-Judicial Bearing• 'fh• proviaiona of 16-1 throu9h 16-5 hereof shall be applicable only to tho•• hearing• where the council, board, coanisaion or official i• called upon to exerciae a power of a judicial or quasi-judicial nature, which, for purpoaea of this ordinance, shall be deemed to con- •i•t only of the followin91 (a) eearin9a before City Council upon application for the i•auance, or hearings for the au•pen•ion or revocation, of liquor or fenaented malt beverage licenae•: kpon ordinances ~ich son• or re-zone realty: upon annexation ordinances: and upon all appeal• from the decision• of any city official, board or ca111ai••ion, where •uch an appeal i• otherwise authorized, and which require• an evidentiary hearing to determine such appeal: (b) Bearin9• before the Board of Adjuatment and Appeals upon appeal• from any decision of the Department of Building Inspector or upon reque•t• for a variance or exception f rcm the terms of any ordinancer (c) Bearing• before the Board of Career ·Service Commissioners upon appeal• from diaciplinary actions against employees: (d) Bearing• before any board, coaniasion or official respect- ing the iaauance, au•penaion or revocation of any license issued by the City. 2-2 Adminiatrative Bearing• All other hearings before Council or any board or commission •hall be deemed to be administrative hearings, the purpose of which i• to obtain information to enable council to determine legislative policy or to enable any board or connission to make recc endation• to Council upon proposed or pending legislation. Such hearing• •hall be conducted in compliance with the provisions of Section 3, 4 and 5 hereof and in such a manner so as to enable any peraon deairing to be heard a reaaonable oppo1'tunity for the preaentation of hi• view•, but there shall be no requirement for caapliance with the provi•iona of Section 6 hereof. Section 3. camaenc .. ent of Proceedings. All proceedings conducted pursuant to the provisions of this ordinance ahall be comDenced in the manner provided by the Charter, atatute or ordinance 90verning the matter. In any proceeding involving the appeal of a decision of a city official, board or ca1111iaaion, the appeal procedure shall be coaaenced by the filing with the City Clerk, or with the secretary of the board or com- aiaaion involved, aa the case may be, of a written notice of appeal by any party entitled to take such appeal upon forms to be aupplied by the Council, board or c0111Diaaion having jurisdicition over the appeal within a period of thirty (30) days from the date of the deciaion being appealed, unleas a different time for appeal ia ••t by the Charter, atatute or other ordinance involved. Section 4. Referral to Bearing Body. Q 108 Ordinance Bo. 34, Serie• of 1967 Upon receipt by the City Clerk, the secretary of any board or CCI i••ion, or other appropriate official of the City, of any application, petition, notice of appeal, ccmplaint, or other inatru11ent initiating a hearing, the same shall be referred to th• council, board, ccmuaiaaion or official having jurisdiction over th• •atter, and a date, time and place for hearing thereon •hall be .. t by •aid Council, board, cOllllliaaion or official, who ahall direct public notice thereof to be given, if otherwise required1 provided, however, that the Council or any board or cCllllai.aaion may authorize ita Clerk or secretary to set a date, time and place for heml.ng upon receipt of such instrument without th• neceaaity for action by the Council, board or commission it••lf. Section s. Public llotice. Public notice, if required, of the date, time and place of the public hearing •hall be given in the manner provided by the Charter, atatute or ordinance purauant to which said hearing is to be held. In the abaence of provisiops specifi~ally 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 publiahed once in that newapaper deaignated by City Council as the City'• official newapaper not less than fifteen (15) days prior to the date of aaid hearing. In the event the public hearing ia poatponed, notice ahall be given of the date, time and place to which the hearing ha• been postponed, either by causing further notice to be publiahed a• above provided or by publically announc- ing at the date, time and place set in the original notice of the hearing'• poatpon .. ent and of the new date, time and place when and where the poatponed hearing shall be held. Section 6. guaai-Judicial Bearings. 6-1 Ri9ht• of Participant• All quaai-judicial hearings, a• hereinabove designated, shall be conducted under procedure• designed to insure all interested partiea due procesa of law and shall, in all cases, provide for the followings A. The adminiatration of oath• to all parties or witnesses who appear for the purpose of testifying upon factual matters: 8. The croaa-examination, upon request, by the interested partiea of all witnesses: c. 'l'he atenographic, or other verbatim, reproduction of all teatimony .Presented in said hearing1 and D. A written decision by the hearing body which shall set forth the factual baaea and reasons for the decision rendered. 6-2 Order of Procedure. In all quaai-judicial hearings, as herein designated, the following order of procedure •hall be followed1 A. Pir•t, there •hall be pre•ented those documents showing th• regularity of the cc:11111encanent of the proceedings and th• due form of the public notice given. 8. Bext, the applicant, petitioner, appealing party or ccmplainant •hall present such material evidence, if any, a• he or ahe desires. c 'fhe hearing body shall, upon completion .of the presentation of the applicant'•, petitioner's, appellant's or complainant's evidence, call upon any person present in support of applicant's, petiti&')ner'a, appellant'• or complainant's position to present auch material evidence and information as he or she may desire. D. '!hereafter, the hearing body shall call for the presenta- tion of information and evidence frcm any person present at the hearing who deaires to oppose the application, petition, appeal or complaint. B. 'l'he applicant, petitioner, appellant or ccmplainant shall then be given an opportunity to present any further matter in opposition or rebuttal to the matters presented by the opponents. P. All documents, or other itana of physical evidence, ahall be marked aa exhibits with such identifying symbols as •ay be neceaaary to determine the exhibit referred to by any witness or other person. II I 11 I I Ordinance llo. 34, Seri•• of 1967 6-3 RUl•• of Bvid•nc• '1'he hearing body ahall not be required to observe any formal rule• of evidence, but may conaider any matter which a majority thereof conclude ia reaaonabl• reliable and calculated to aid the hearinq body in reaching an accurate detezaination of the iaauea involved. 6-4 Deliberation• and Botice of Deciaion Bach hearing body i• hereby authorized to deliberate upon the iaauea pre .. nted at the hearing in private, non-public aeaaions1 pro- vided that no deciaion ahall be effective, except upon a vote of the •.-bera of th• hearing body, conducted in an open ••••ion thereof, which ahall be duly recorded in the ainutea of the public body. All decision• ahall be in writing and a copy of the same shall be delivered to th• applicant, petitioner, appellant, coaaplainant and other interested partiea, via certified mail at the addreaa aet forth in the application, ptl:ltion, caaplaint or notice of appeal, unleaa •aid deciaion is to be 'lllbodied in an ordinance which is publiahed aa required by the provisions of the Charter, or unleaa the Charter, atatute or ordinance under which th• hearing i• being conducted requires notice of the decision to be given in a different aanner. 6-5 J\!ficial Bnforc .. ent and Review of Deciaion Any party aggrieved by any deciaion rendered by the hearinq body in any quaai-judicial hearing, a• well a• department heads or authorised official• of the City (whether the ... e appeared as a party or witn••• in th• hearing or not), or the City itaelf, may apply to have aaid deciaion reviewed by a court of competent jurisdiction, in accordance with the proviaiona therefor contained within the Colorad9~ Rul•• of-Ctvi 1 Proc:..ture provided the action i • c01111Denced not &nore .m ninety 90 aaya iUl)aequ6n~ to the date or aaia dec1a1on or w1tn1n sue aborter time aa -y be required by the Charter, statute or ordinance under which auch hearing waa held. The coat of preparation of the record of the hearing ahall be aaaessed against the appealinq party in th• event the deciaion appealed from is affirmed by the Court. In the event that such judicial review results in a judicial declaration aetting aaide or reversing aaid deciaion, the members of the Council, board, cCllllliaaion or the official which rendered such deciaion may take such steps aa may be neceaaary to obtain an appellate review of the amne, either through the institution of oriqinal pro- ceeding• or by -an• of the iaauance of a writ of error, in their own n .. ea, in their repreaentative capacitiea, aa IDelllbers of the hearinq body rendering the deciaion. Should any party not comply with any de- ciaion of any hearing body, the members of the hearing body involved, or the City it .. lf, may, in addition to any other legal remedies which .. y exiat for ccmpelling compliance therewith, petition any court of ccmpetent juriadiction for the entering of a judicial decree compellinq caaplianc• with aaid deciaion. Section 7. Preaervinq Order Bach hearing body •hall have the right to preserve order during the hearing and to take such steps, including the ejection of any diaorderly or obatreperoua peraon interferinq with the proceedinqs, aa .. Y be neceaaary, and the hearing body may, prior to any presenta-· tiona and aa a condition to the taking of testimony or information fraa any person, require the registration of all persons desiring to be heard during the hearing. It may restrict the testimony of any peraon to the material issues pending before it and, to prevent dup- licative or cumulative presentations, it may impose reasonable time reatrictiona on any peraon. Section 8. Ad:tournmenta After c0111Dencement of any hearing, the hearing body may, if it i• deaaed neceaaary to obtain a full presentation, adjourn the hearing fram time to time by publicly announcing the fact of such ad- journ11ent and the date, time and place when and where the adjourned hearing ahall re-comraence, without the neceaaity of any further pub- lished notice thereof. Section 9. Bearing Pees Bach board and cClllliaaion of the City is hereby authorized to require from each applicant, petitioner, appellant, complainant, or other peraon requesting a hearing before the same, to pay to the City a reaaonable, uniform fee therefor, to defray the expenses of the same: provided, however, that provision shall be made for the waiver of the payment of .... in all instance• of proven indigency. 110 Ordinance Ro. 34, Seri•• of 1967 Introduced, and pa••ed on fir•t readin9 by the City council of the City of Bnglewood, Colorado and ordered publiahed as a bill in the Englewood Herald and Bnterpri•e at it• reqular meetinq on the 4th day of Decmiber, 1967, A.D. Pa••ed on final reading by the ~ity Council of the City of Colorado thi• 18th day of Decam'ber, 1967, and ordered published in full in the Bnqlewood Herald and Bnterpri•e. Mayor Atte•t1 City Clerk-Trea•urer I ~. . I ' '