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HomeMy WebLinkAboutordinance.council.087-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. d(~'~'_ (Series of 1975) AN ORDINANCE IMPOSING HEARING PROCEDURES TO BE USED BY ALL CITY BOARDS, cOMMISSIONS, AND THE CITY cOUNCIL WHEN CONDUCTING QUASI- JUDICIAL PROCEEDINGS; ESTABLISHING THE RIGHT TO BE REPRESENTED BY COUNSEL, AND TO GIVE AND REBUT TESTIMONY; PROVIDING FOR THE MAKING OF A RECORD, FOR THE ABSTENTION OF MEMBERS HAVING HAD Ex-PARTE CONTACT AND FOR THE MAKING OF FINDINGS AND CONCLUSIONS TO SUPPORT A DECISION MADE; REQUIRING THAT EVIDENCE ADDUCED AND EXHIBITS PRE- SENTED BE CONSIDERED PUBLIC RECORD AND MADE AVAILABLE FOR INSPEC- TION; REQUIRING THAT THOSE GIVING FACTUAL TESTIMONY BE PLACED UNDER OATH; ABSOLVING REVIEWING AGENCIES FROM APPLYING FORMAL RULES OF EVIDENCE BUT REQUIRING THAT DECISIONS BE SUPPORTED BY RELIABLE, PROBATIVE AND SUBSTANTIAL EVIDENCE; PERMITTING INSPECTION OF BUILD- INGS AND pREMISES BUT ONLY WITH NOTICE IF DEMANDED BY THE APPLICANT; AND STATING THAT EXISTING NOTICE REQUIREMENTS, REVIEW CRITERIA OR APPEAL PROCEDURES SHALL SURVIVE THE PROVISIONS OF T~IS ORDINANCE AND NOT BE DEEMED SUPERSEDED THEREBY WHEREAS, the City Council is advised that recent colorado court decisions have held that certain activities of the City's boards and commissions and the Council itself constitute quasi-judicial actions and require the imposition of procedural safeguards during such proceedings, NOW, THEREFORE, BE IT oRDAINED BY THE CITY cOUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Purpose The purpose of this ordinance is to provide a uniform, consistent and expeditious method of procedure for the conducting of quasi-judicial proceedings by all the city's reviewing agencies, in- cluding its boards, commissions and the Aspen City Council- An action of a reviewing agency is quasi-judicial if all the following factors exist: (a) there is a state or local law requiring that the agency give adequate notice to the community before acting, (2) there is a state or local law requiring that the agency conduct a public hearing, pursuant to notice, at which time concerned citizens must be given an opportunity to be heard and present evidence; and (c) RECORD OF PROCEEDINGS 100 Leaves there is a state or local law requiring the agency to make a deter- mination by applying the facts of the specific case to certain criteria established by law. Section 2 Hearing Procedures All quasi-judicial hearings shall be conducted under procedures designed to insure all interested parties due process of law and shall, at a minimum, provide for the following: (a) The administration of oaths to all parties or witnesses who appear for the purpose of testify- ing upon factual matters. (b) The right to be represented by counsel. (c) The right to present and rebut testimony and evidence. (d) The right of a party in interest to cross- examine other persons giving testimony, provided that: (1) Such right is asserted at the meeting in which the person is giving testimony; and (2) Such right is asserted at the first available opportunity. (3) A record of the hearings, whether by electronic or stenographic reproduction, within a period of six (6) months after any hearing any party in interest shall be entitled to listen to the electronic reproduction of the proceedings at reasonable times in the City Clerk's office; and shall further be entitled to a copy of the trans- cript of the proceedings, or any portion thereof, upon the payment of a reasonable fee to be determined by the City Clerk. After such six (6) month period, -2- Section 3 RECORD OF PROCEEDINGS 100 Leaves the City Clerk is authorized to dispose of any recording provided minutes of the proceeding, approved by the reviewing agency, are and do remain of record. (f) The right, insofar as possible, .to have members of the reviewing agency free from pre- hearing contact on quasi-judicial matters heard by them, At the commencement of the hearing, any member of the council, board, commission or other agency who has been unable to avoid a pre-hearing contact with the applicant or any interested party with respect to the subject matter of the hearing, shall reveal such pre-hearing contact. If such contact impairs the member's ability to vote on the matter, the member shall so state and shall abstain therefrom to the end that the proceedings shall be fair and shall have the appearance of fairness. (g) The right to a written decision setting forth the findings of facts and conclusions, with the reasons or basis for said decision, on the material and relevant issues presented on the record. Deliberations and Findings After the presentation of the case by the applicant, and presentation of all evidence and testimony by all interested parties, including city administrators, the review agency, after discussion, shall vote on the matter, which vote shall be in the form of a motion briefly stating the findings of fact and con- clusions of the agency with reference to the relevant and material -3- RECORD OF PROCEEDINGS 100 Leaves evidence and testimony supporting such findings of fact and con- clusions. As an alternative, the reviewing agency may, upon vote of the members: (a) Make a decision and vote on the date of hearing, but request a city administrator to prepare, in a form approved by the Office of the City Attorney, findings of fact and conclusions for approval and adoption at the next regular meeting; or (b) Defer a decision and direct a city admin- istrator to prepare findings of fact and conclusions, in a form approved by the office of the City Attorney, to be submitted to the reviewing agency at its next regular meeting, with final deliberations, decision and adoption of said findings of fact and conclusions at that meeting; or (c) Defer a decision until a date certain by which time the record and all evidence can be re- viewed. At that time the reviewing agency can either adopt findings of fact and conclusions or direct a city administrator to prepare findings of fact and conclusions in a form approved by the office of the City Attorney, for adoption at the next regular meet- ing after the meeting to which the matter has been deferred. Section 4 Record of Proceedings The findings of fact and conclusions, recommendations of city administrators, responses to referrals, and all exhibits tendered in support of or in opposition to an application shall be submitted to the City Clerk. The same, along with a transcript or minutes of the meeting, shall become a part of the records, shall be considered public and made available in the office of the City Clerk for examination by any person during the office business hours. -4- RECORD OF PROCEEDINGS 100 Leaves Section 5 Oath Ail parties or witnesses who appear for the purpose of testifying upon factual matters shall testify under oath. The City clerk and her deputies are hereby authorized to give such oaths the form of which shall be substantially as follows: "DO you swear (or affirm) that the testimony that you are about to give is the truth, the whole truth, and nothing but the truth?" Section 6 Rules of Evidence The reviewing agency shall not be required to enforce any formal rules of evidence, but may consider any matter which a majority thereof concludes is reasonably reliable and calculated to aid the reviewing agency in reaching an accurate determination of the issues involved. If the agency, or any member thereof, has knowledge of any facts which bear upon the matter and which have not been submitted into evidence, it shall be the duty of the member or agency to submit such facts into the record. Any decision made by the agency must be supported by reliable, probative and sub- stantial evidence and shall be based only on evidence presented to it at the time of hearing and admitted into evidence. No member who did not hear the evidence, or has not listened to the entire record of the proceedings and examined the record and exhibits, shall vote on or take part in the decision. Section 7 Inspection of Premises ~xcept as hereinafter provided, prior to the hearing, during %he course of the hearing, and up to the time a vote is taken and a decision made, the members of any reviewing agency may inspect any building or premises involved in an application, and do so at their own convenience. However, in the event an applicant shall so demand, members shall not inspect a building or premises involved in an application unless and until the following shall occur: -5- RECORD OF PROCEEDINGS 100 Leaves (a) Notice of such inspection shall be given to the applicant before an inspection is made. (b) The applicant is given an opportunity to be present during the inspection; and (c) The reviewing agency shall state for the record upon completion of the inspection material facts observed and conclusions drawn therefrom. The applicant shall then have opportunity to rebut or explain the matters so stated by the members. Section 8 Existing Provisions Nothing herein shall be deemed to supersede or qualify any notice requirements, review criteria, or appeal procedures provided for by existing local or state law; and to the extent consistent with these regulations, this ordinance and its provisions are to be construed to apply only to the hearing pro- cedures of the city's boards, commissions and city council, and other reviewing agencies of this municipal government. Section 9 Severabilit~ If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalid- ity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 10 Public Hearin~ A public hearing on this ordinance shall.be held on the ~ day of ~-(~*J , 1975 at 5:00 PM in the City -6- RECORD OF PROCEEDINGS 100 Leaves City Council Chambers, Aspen City Hall, Aspen, colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held ~~/.' 1975.~ / ATTEST: KATHRYN S/~ H , 1975. ATTEST: -7- STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above'and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen om ~/ ~/~, 197 and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~~ , 197 ~ and ~as finally adopted and approved at a regular meeting of the City Council on ~~_~ ~ , 197 J~, and ordered published as No. ~;~ , Series of 197 5--, of said City, Ordinance provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this /2 day of ~j , 1975~. as ter, City Clerk