[R.O. 2016 § 132.010; Ord. No.
486 § 2, 4-20-2016]
For the purposes of this Chapter, the following terms shall
have the meanings as set forth below.
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
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. 2016 § 132.020; Ord. No.
486 § 2, 4-20-2016]
The administrative review procedures set forth in this Chapter
shall apply to all final actions of any City officer, employee, board,
commission, or the Board of Aldermen 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. 2016 § 132.030; Ord. No.
486 § 2, 4-20-2016]
A. There is hereby established the Administrative Review Board to review
petitions pursuant to this Code of Administrative Procedure. The Board
of Aldermen hereby designates the Board of Adjustment of the City
of Twin Oaks to act as the Board of Administrative Review (hereinafter
referred to as the "Review Board") to hear and consider petitions
within the scope of this Code. The Review Board may establish additional
procedures to fulfill the purposes of this Chapter.
B. Any aggrieved party may petition to the Review Board for a review
of any final decision of any City Officer, employee, board, commission,
or the Board of Aldermen. 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. 2016 § 132.040; Ord. No.
486 § 2, 4-20-2016]
A. The procedures for review of a final action shall be a follows:
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 Clerk, 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
Clerk.
4.
Stay Of Final Action.
a.
Upon request of the petitioner, the Review Board may stay pending
its review the final action of any decision, other than a decision
of the Board of Aldermen, 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 Board of Aldermen,
the petitioner may seek such stay from the Board of Aldermen, whereupon,
in its discretion, such stay may be granted pending review by the
Review Board.
5.
Hearing Date. A time shall be set for the Review Board to review
the decision that gave rise to the petition as soon as reasonably
practical and public notice of such meeting shall be provided. The
Review 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 Review 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.
Removal. The Board of Aldermen or the Mayor may remove any matter
directly to the Board of Aldermen for review by filing notice with
the Review Board to such effect.
8.
Exception. 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. 2016 § 132.050; Ord. No.
486 § 2, 4-20-2016]
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 Review Board, if it determines it is appropriate, shall
shorten the time for submissions and review.
[R.O. 2016 § 132.060; Ord. No.
486 § 2, 4-20-2016]
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 Review Board determines that additional
information is needed, it 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 petitioner shall also provide the Review Board:
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. 2016 § 132.070; Ord. No.
486 § 2, 4-20-2016]
The Review 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 Review 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 Review Board shall be required
to support any decision.
[R.O. 2016 § 132.080; Ord. No.
486 § 2, 4-20-2016]
If the Review Board fails to hear and decide the petition within thirty (30) days after the filing of the petition, the final action of the City officer, employee, board, commission, or the Board of Aldermen shall be deemed to be submitted to the Board of Aldermen without recommendation pursuant to Section
150.090(A); provided, however, the Review 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 thirty-day period, the petitioner is provided written notice of such extension.
[R.O. 2016 § 132.090; Ord. No.
486 § 2, 4-20-2016]
A. After completing the review, the Review Board shall make a determination
regarding the petition and, if determined to be necessary and appropriate,
make a recommendation to the Board of Aldermen or the appropriate
officer, employee, board or commission. The evidence before the Review
Board shall be submitted to the Board of Aldermen for its determination.
B. The Board of Aldermen shall have thirty (30) days to take action
on the petition or recommendation of the Review Board, unless extended
by the Board of Aldermen for cause. No petition shall become final
for purposes of judicial review of the action subject to review until
the effective date of the Board of Aldermen action on the petition,
or upon expiration of the review period after the petition is submitted
to the Board of Aldermen.
[R.O. 2016 § 132.100; Ord. No.
486 § 2, 4-20-2016]
The decisions of the Review 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 Review 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 Board of Aldermen pursuant to the
preceding Section shall be deemed the final decision for purposes
of judicial review.