HomeMy WebLinkAboutordinance.council.028-12 ORDINANCE N0. 28
(Series of 2012)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO,AMENDING CHAPTER 26.222 OF THE ASPEN MUNICIPAL
CODE, ADMINISTRATIVE HEARING OFFICER.
WHEREAS, Chapter 26.222 of the Aspen Land Use Code sets forth the powers, duties
procedures and other requirements regarding the appointment and conduct of an
Administrative Hearing Officer; and
WHEREAS, the Administrative Hearing Officer acts in a quasi-judicial capacity and
requires specific expertise in order to hear potentially legally complicated appeals; and
WHEREAS, consistent with the rules used for hearing officers in Pitkin County, it is
believed that it is appropriate to provide reasonable compensation to an independent hear-
ing officer, with such expense passed onto the applicant or the appellant; and
WHEREAS, other changes are designed to make the actions of the hearing officer
and the conduct of hearings consistent with applicable procedural requirements, and to
provide Council with the ability to remove the hearing officer with or without cause; and
WHEREAS,the amendments to the Code are delineated as follows:
• Text being removed is delineated with strikethrough. Text being r-°moved
looks like thi-
• Text being added is bold and underline. Text being added looks like this.
• Text which is not highlighted is not affected; and
WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN,COLORADO,THAT:
Section 1: The City Council hereby amends Chapter 26.222 to read as follows:
26.222.030. Membership; appointment, removal, terms and vacancies.
B. All Officers serve at the pleasure of the City Council and may be removed with or
without for- cause at any time prior to the expiration of their appointment by a majority
vote of the City Council. Cause may inelude, but is not limited to, the follewing:
member is no longef a qualified eleetor or-the member while in offiee is convieted of a fel
ony or-an offense involving moral tar- it a
i�ude.
F. Officers shall be provided reasonable sefve without compensation. The compen-
sation of the officers shall be billed to the appellant as part of the Community Devel-
opment Fees.
Sec. 26.222.050. Decisions.
The Hearing Officer shall render a decision at a public hearing. The Offi^°" shat r-ende"
deeision within (10) working days of the elose of a hearing.- The Officer may ap-
prove, approve with conditions or deny a development application. All decisions shall be
placed in the public record with the County Clerk and Recorder and shall be available to
the public.
Section 2: Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 3. Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 4. Notice
A public hearing on the ordinance was held on November 26, 2012, in the City Council
Chambers of City Hall, fifteen (15) days prior to which hearing a public notice of the same
was published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12th day of November 2012.
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V?ity�yC'l rk Michael C. Ireland,Maydr
FINALLY,adopted,passed and approved this 26�h day of November, 2012.
Michael C. IrelWA*d- avor
d . .:
ATTEST: APPROVED AS TO FORM:
Kathryn Ko ,City Clerk ames R. True, City Attorney
LEGAL NOTICE
Ad Name: 8585442A
ORDINANCE#28,2012 PUBLIC NEARING
Customer: Aspen (LEGALS) City of Ordinance#28,t Series of Council was adopted er
first reading This the City Council meeting November /
12,2012. This ordinance,if adopted,will amend (/
Your account number: 1013028 the land use code regarding administrative hearing
officer. The public hearing on this ordinance is
scheduled for November 26,2012 at 5 PM,City
hall,130 South Galena.
PROOF OF PUBLICATION To see the entire text,go to the city's legal notice
website
httoWwww.ast)enpitkin.com/Departments/C/erk/
Legal-Noticesl
If you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
Published in the Aspen Times Weekly on Novem-
ber 15,2012. [8585442]
STATE OF COLORADO,
COUNTY OF PITKIN
1,Jim Morgan, do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 11/15/2012 and that the last publication of
said notice was in the issue of said newspaper dated
11/15/2012.
In witness whereof,I have here unto set my hand
this 12/06/2012.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 12/06/2012.
(0o-�Jcciv�
Mary E.Borkenhagen,Notary Public
,,,..nikly,,Commission expires:September 12,2015
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