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HomeMy WebLinkAboutRES 95-20RESOLUTION NO.95-20 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPOINTING A HEARING OFFICER PURSUANT TO A.R.S.§9-500.12,AND PROVIDING A METHOD FOR NOTICE TO REAL PROPERTY OWNERS OF THEIR RIGHTS OF APPEAL. WHEREAS,the Arizona State Legislature has enacted House Bill 2229 which,when effective,will be known as A.R.S.§9-500.12;and WHEREAS,paragraph A of that Section requires the City of Apache Junction to appoint a hearing officer and to notify property owners of their right to appeal a dedication or exaction which is a condition of granting approval for the use,improvement or development of real property; NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: Section 1.That the City of Apache Junction City Council hereby appoints Mr.Richard W.Garnett,7272 East Indian School Road,Suite 109,Scottsdale,Arizona 85251,to serve as the appointed hearing officer pursuant to A.R.S.§9-500.12.A. Section 2.That the City hereby directs the City Manager in cooperation with the City Attorney and the Director of the Department of Development Services to prepare and distribute a printed notice of the right to appeal a dedication and exaction in a form similar to the form attached to this Resolution and marked as Exhibit "A". Section 3.That the staff is requested to develop a system whereby written receipt of the Notice is evidenced by property owners or property owner's agents,and that each application which requests real property be put to a use,improvement or development shall require as part of the application the complete name and address of the real property owner so that a copy of the Notice can be mailed to the real property owner. Section 4.That the hearing officer appointed in Section 1 above is hereby directed that all hearings pursuant to A.R.S.§9-500.12, shall be conducted between the hours of 8:00 a.m.and 5:00 p.m.on Monday through Friday,except for holidays;and that they shall be conducted at the offices of the City of Apache Junction.Permission to hold hearings at any other time or any other location shall only be granted upon the expressed written approval of the property owner. RESOLUTION NO.95-20 PAGE 1 OF 2 APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 1ST DAY OF AUGUST,1995. SIGNED AND ATTESTED TO THIS 2ND DAY OF AUGUST,1995. ATTEST: APP GL rillitV 1111//MA fCliV17't IM411—"'` rifv Attnrn ATTACHMENTS: RESOLUTION NO.95-20 PAGE 2 OF 2 DOUGLAS C Mayor EMAN EXHIBIT A --Notice to Property Owner of Appeal Rights Under A.R.S.§9-500.12. EXHIBIT "A" NOTICE TO PROPERTY OWNER OF APPEAL RIGHTS UNDER A.R.S. §9-500.12. A.R.S.§9-500.12.A.requires you,as a property owner, to be notified that if you have requested from the City of Apache Junction approval for the use, improvement or development of real property, and an official or an administrative agency of the City has made a final determination that as a condition of your approval you must either make a dedication or an exaction, and you wish to appeal the required dedication or an exaction,there is a process in place for that appeal. The City of Apache Junction has retained Mr.Richard W. Garnett, 7272 East Indian School Road,Suite 109,Scottsdale, Arizona 85251,to serve as a hearing officer pursuant to A.R.S.§9-500.12.A. This right of appeal of a required dedication or exaction does not apply to those dedications or exactions required in a legislative act of the City Council that does not give discretion to an administrative agency or an official to determine the nature or extent of the dedication or exaction. The appeal must be in writing and signed by the property owner,and should be mailed or filed with the hearing officer within thirty days after the final determination is made.There is no charge for filing the appeal. The hearing officer shall schedule a time for a hearing no later than thirty days after the receipt of the appeal.You,as a property owner,will be given at least ten -day's notice of the time for the hearing of the appeal,and only you may agree to a shorter time period. At the hearing,the City of Apache Junction shall have the burden to establish, that there is an essential nexus between the dedication or exaction asked of you and a legitimate governmental interest.The City will further have the burden to show that the proposed dedication or exaction is roughly propor- tional to the impact of the proposed use,improvement or development of your parcel or parcels of land. The hearing officer shall decide the appeal within five working days after your appeal is heard. If the hearing officer either modifies or affirms the requirement of the dedication or exaction,and you as the property owner are aggrieved by the decision,within thirty days after the hearing officer has rendered a decision you may file a complaint for a trial de novo in Superior Court on the facts and law regarding the issue of the condition or requirement of the dedication or exaction. At the Superior Court,the judge has the authority to award reasonable attorneys fees incurred in the appeal and the trial to the prevailing party.The court may also award damages as are deemed appropriate to the land owner to compensate for direct and actual delay damages, but only upon a finding that the City of Apache Junction acted in bad faith in requiring the dedication or exac- tion. A.R.S. §9-500.12. contains legal rights that are for the benefit of proper- ty owners,and this sheet should not be relied upon as anything more than a notice that statute exists:and that you, as a property owner,have rights.For a further and detailed explanation of your rights, your should contact your own attorney.The City staff has been specifically directed not to answer any ques- tions regarding the appeal process or the trial in Superior Court.You may, however,obtain at no charge a copy of any of the written material necessary for you to pursue your rights under this statute including,but not limited to,a copy of all staff reports concerning your property,and minutes of any meeting of the Board of Adjustment, the Planning and Zoning Commission, or the Mayor and Council concerning your property.