[R.O. 1997 § 150.010; Ord. No. 195 § 1, 1-8-1996]
This Chapter shall be known and referred
to as the City of Wildwood Code of Administrative Procedure.
[R.O. 1997 § 150.020; Ord. No. 195 § 2, 1-8-1996]
As used in this Chapter, the following
terms shall be defined as follows:
AGGRIEVED
A person directly impacted by an action or decision of the
City such that the person would have standing in a court of law to
challenge the action.
BOARD
The Board of Administrative Review established herein.
FINAL ACTION
Means:
1.
Any action or decision for which
no further review or amendment is contemplated or apparent, other
than through this procedure; and
2.
Any temporary or interim action or
failure to act for which immediate irreparable injury will occur prior
to any final action being taken.
UNLAWFUL
Any act or omission in violation of any applicable law or
actions that are not authorized by any applicable law.
[R.O. 1997 § 150.030; Ord. No. 195 § 3, 1-8-1996]
The administrative review procedures
set forth in this Chapter shall apply to all final actions of any
City Officer, employee, board, commission, or the Council that are
claimed by an aggrieved party to be unlawful or an unconstitutional
taking of property without compensation; provided, however, that this
Chapter shall not apply to appeals of zoning decisions required to
be reviewed by the Board of Adjustment pursuant to Section 89.090,
RSMo. The City shall not intentionally take any action that is unlawful
nor shall it unconstitutionally deprive property owners of real property
interests without just compensation. This Chapter shall be construed
to provide for the objective and fair review of claims by aggrieved
persons asserting unlawful actions of the City or unconstitutional
deprivation of vested real property rights or interests, without just
compensation. Nothing contained herein shall be construed to limit
the ability of the City to lawfully fulfill its duties and functions.
[R.O. 1997 § 150.040; Ord. No. 195 § 4, 1-8-1996]
A. There is hereby established the Administrative
Review Board to review petitions pursuant to this Code of Administrative
Procedure. The Council hereby designates the Board of Adjustment of
the City of Wildwood to act as the Board of Administrative Review
to hear and consider petitions within the scope of this Code. The
Board may establish additional procedures to fulfill the purposes
of this Chapter.
B. Any aggrieved party shall petition to the
Board for a review of any final decision of any City Officer, employee,
board, commission, or the Council. To the fullest extent permitted
by law, the review procedures herein shall be exhausted before any
action may be filed in any court against the City or its officers,
employees, boards, officials, or commissions.
[R.O. 1997 § 150.050; Ord. No. 195 § 5, 1-8-1996]
A. The following procedures for review of
a final action shall be followed:
1.
Final Decision. The person petitioning
for review shall obtain a final decision before requesting review.
2.
Petition For Review. Within ten (10)
days from the date of the final decision, the person requesting the
review shall file, in the office of the City Clerk, a written petition
for review of that decision. A copy shall also be filed with the City
Attorney.
3.
Initial Review Of Decision. The City
Administrator, in consultation with the City Attorney where appropriate,
shall review each petition and determine whether it seeks review authorized
by this Code. In the event that the petition does not allege a review
authorized by this Code, the petition shall be dismissed upon direction
of the City Administrator.
4.
Stay Of Final Action.
a. Upon request of the petitioner, the Board may stay pending its review
the final action of any decision, other than a decision of the Council,
upon a showing:
(1) The petitioner has a
substantial likelihood of demonstrating that the final action to be
reviewed is unlawful or an unconstitutional taking;
(2) Irreparable harm if
such stay is not issued; and
(3) The public interest
would not be harmed by issuance of such stay.
b. Where the final action is a decision of the Council, the petitioner
may seek such stay from the Council, whereupon in its discretion,
such stay may be granted pending review by the Board.
5.
Hearing Date.
a. The Board of Administrative Review shall set a time to review the
decision that gave rise to the petition as soon as reasonably practical
and shall provide public notice of such meeting.
b. The Board shall hear and consider the evidence related to and submitted
by the petitioner, the City or other interested parties in the discretion
of the Board. The hearing shall include written submittals.
6.
Hearing Requirements. Unless a hearing
or the requirements herein are waived by petitioner, each hearing
shall provide a record of the proceedings (by audio, video, stenographic,
or other reliable means of recording capable of transcription) and
shall permit the parties to introduce evidence under oath, and shall
provide for cross-examination, when requested. The formal hearing
requirements herein shall be deemed waived if not affirmatively requested
by petitioner in its petition.
7.
The Council or the Mayor may remove
any matter directly to the Council for review by filing notice with
the Board to such effect.
8.
Nothing herein regarding hearing
requirements shall prevent summary decision on any petition where
there is no genuine dispute as to the relevant facts.
[R.O. 1997 § 150.060; Ord. No. 195 § 6, 1-8-1996]
In the event that the aggrieved party
claims irreparable harm will occur unless immediate review is granted,
the party may request expedited review, upon facts justifying such
action alleged by affidavit, whereupon the Board, if it determines
it is appropriate, shall shorten the time for submissions and review.
[R.O. 1997 § 150.070; Ord. No. 195 § 7, 1-8-1996]
A. Initial Filing Information. With the petition
for review, or within seven (7) days prior to the date of hearing,
the petitioner shall submit the following by affidavit:
1.
The name of the petitioner requesting
review;
2.
The precise final action to be reviewed,
including the date, the decision maker, and copies of all documentation
of the decision;
3.
If injury to an interest relating
to real property is claimed, the legal description of the property
and the name and business address of the current owner of the property;
the form of ownership, i.e., whether sole proprietorship, for-profit
or not-for-profit corporation, partnership, joint venture or other;
and if owned by other than a real person, the name and address of
all partners or shareholders owning ten percent (10%) or more of the
outstanding shares;
4.
A detailed description of the factual
and legal grounds for the claim that the final action is unlawful
or constitutes an unconstitutional taking, without just compensation;
and
5.
A description of the protectable
right or property interest claimed to be affected, including a statement
of any claimed or threatened damages and the basis for such computation.
B. Supplemental Information. If the Board
determines that additional information is needed, the Board may further
require legal briefing or such other information to be submitted by
affidavit as may be deemed necessary for adequate and prompt review.
With regard to claims of unconstitutional takings, the Board also
requests:
1.
The evidence and documentation as
to the value of the property interest claimed taken, including the
date and cost at the date the property was acquired. This material
should include any evidence of the value of that same property before
and after the alleged unconstitutional taking; the name of the party
from whom purchased, including the relationship, if any, between the
person requesting a review; and the party from whom the property was
acquired;
2.
The terms, including sale price,
of any previous purchase or sale of a full or partial interest in
the property during the three (3) years prior to the date of application;
3.
All appraisals of the property prepared
for any purpose, including financing, offering for sale, or ad valorem
taxation, within the three (3) years prior to the date of application;
4.
The assessed value of, and ad valorem
taxes on, the property for the previous three (3) years;
5.
All information concerning current
mortgages or other loans secured by the property, including the name
of the mortgagee or lender; current interest rate, remaining loan
balance and term of the loan and other significant provisions, including
but not limited to, the right of purchasers to assume the loan;
6.
All listings of the property for
sale or rent, price asked and offers received, if any, within the
previous three (3) years;
7.
All studies commissioned by the petitioner
or agents of the petitioner within the previous three (3) years concerning
feasibility of development or utilization of the property;
8.
For income producing property, itemized
income and expense statements from the property for the previous three
(3) years;
9.
Information from a title policy or
other source showing all recorded liens or encumbrances affecting
the property; and
10.
Such additional information reasonably
necessary in the Board's opinion, to arrive at a conclusion concerning
the nature of and the value of the alleged unconstitutional taking.
[R.O. 1997 § 150.080; Ord. No. 195 § 8, 1-8-1996]
The Board shall review the facts
and information presented by the petitioner and determine if the final
action is unlawful or constitutes an unconstitutional taking without
just compensation. In doing so, the City Attorney shall serve as legal
counsel and shall be consulted. The Board shall review the facts in
light of the applicable City, State and Federal law. An affirmative
vote of four (4) of the five (5) members of the Board shall be required
to support any decision.
[R.O. 1997 § 150.090; Ord. No. 195 § 9, 1-8-1996]
If the Board fails to hear and decide
the petition within twenty-one (21) days after the filing of the petition,
the final action of the City Officer, employee, board, commission,
or the Council shall be deemed approved; provided, however, the Board
may extend the time to reach a decision, not exceeding an additional
one hundred twenty (120) days following the receipt of the information
required pursuant to this Chapter, if prior to the expiration of the
twenty-one (21) day period, the Board notifies the petitioner, in
writing, of such extension.
[R.O. 1997 § 150.100; Ord. No. 195 § 10, 1-8-1996]
A. After completing the review, the Board
shall make a determination regarding the petition and, if determined
to be necessary and appropriate, make a recommendation to Council
or the appropriate officer, employee, board or commission.
B. After completing the review, the Board
shall make a determination regarding the petition, and make a recommendation
to Council or the appropriate officer, employee, board or commission
by filing the same with the Council. The evidence before the Board
shall be submitted to the Council for its determination.
C. The Council shall have thirty (30) days
to take action on the recommendation of the Board, unless extended
by the Council for cause. No petition shall become final for purposes
of judicial review of the action subject to review until the effective
date of Council action on the petition, or upon expiration of the
review period after the petition is filed with the Council.
[R.O. 1997 § 150.110; Ord. No. 195 § 11, 1-8-1996]
The decisions of the Board rendered
pursuant to the provisions of this Chapter are advisory, and shall
not be construed to expand or limit the scope of the City's liability
for any claimed unlawful action or unconstitutional taking of a vested
property interest. The decision of the Board rendered pursuant to
the provisions of this Chapter is not admissible in court for any
purpose other than to demonstrate that the petitioner has exhausted
the requisite administrative remedies, and in no event shall any recommended
compensation be admissible into evidence. The decision of the Council
pursuant to the preceding Section shall be deemed the final decision
for purposes of judicial review.