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.
FINAL ACTION
A.
Any action or decision for which no further review or amendment
is contemplated or apparent, other than through this procedure, and
B.
Any temporary or interim action or failure to act for which
immediate irreparable injury will occur prior to any formal action
being taken.
REVIEW BOARD
The Board of Administrative Review established herein.
UNLAWFUL
Any act or omission in violation of any applicable law or
actions that are not authorized by any applicable law.
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 _____ (left blank)_____. 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.
The following procedures for review of a final action shall
be followed:
A. Final action. The person petitioning for review shall obtain a final
action before requesting review.
B. Petition for review. Within 14 days from the date of the final action,
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.
C. Initial review of final action. The City Clerk, in consultation with
the City Attorney where appropriate, shall review each petition and
determine whether it seeks review authorized by this chapter. In the
event that the petition does not allege a review authorized by this
chapter, the petition shall be dismissed upon direction of the City
Clerk.
D. Stay of final action. 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. That 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. That the public interest would not be harmed by issuance of such
stay. 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.
E. Hearing date. The Review Board 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. 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.
F. 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.
G. Removal. The Board of Aldermen or the Mayor may remove any matter
directly to the Review Board for review by filing notice with the
Board to such effect.
H. Exception. Nothing herein regarding hearing requirements shall prevent
summary decision on any petition where there is no genuine dispute
as to the relevant facts.
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.
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 of the five members of the Review Board shall be required to
support any decision.
If the Review Board fails to hear and decide the petition within
30 days after the filing of the petition, the final action of the
City Officer, employee, board, commission, or Board of Aldermen shall
be deemed to be submitted to the Board of Aldermen without recommendation;
provided however, the Review Board may extend the time to reach a
decision, not exceeding an additional 120 days following the receipt
of the information required pursuant to this chapter, if prior to
the expiration of the thirty-day period, the Review Board notifies
the petitioner, in writing, of such extension.
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.