The purpose of this chapter is to comply with the provisions of Arizona Revised Statutes Sections 9-500.12 and 9-500.13. The adoption of this chapter will establish a position of administrative hearing officer to consider and rule upon appeals by property owners from final determinations made by any administrative agency or official of the city of Bullhead City that conditions an approval for the use, improvement or development of real property on the requirement of an exaction or dedication. In addition to establishing the position of hearing officer, this chapter provides for administrative procedures governing appeals initiated by aggrieved property owners which shall be followed by property owners, city administrative agencies and officials and the hearing officer in deciding such appeals.

(Ord. 2004-15 § 4 (part); Ord. 2000-1054 § 1 (part))

In order to decide appeals commenced by property owners from any final determination made by an administrative agency or official of the city that conditions an approval for the use, improvement or development of real property on the requirement of an exaction or dedication, there shall be, and is created, the position of administrative hearing officer.

(Ord. 2004-15 § 4 (part); Ord. 2000-1054 § 1 (part))

In addition to other rights granted to you by the U.S. and Arizona Constitution, federal and state law and city ordinances or regulations, you are notified of your right to appeal the adoption or amendment of a zoning regulation by the city that creates a taking of property or any dedication or exaction which is required of you by an administrative agency or official of the city as a condition of granting approval of your request to use, improve or develop your property.

(Ord. 2004-15 § 4 (part); Ord. 2000-1054 § 1 (part))

In each case in which a city administrative agency or city official grants an approval for the use, improvement or development of real property subject to the requirement of a dedication or exaction as a condition of granting the approval, the city shall notify the property owner in writing that the property owner has the right to appeal the dedication or exaction and shall additionally provide the property owner with a written description of the appeal process.

(Ord. 2004-15 § 4 (part); Ord. 2000-1054 § 1 (part))

No official, agency or employee of the city shall request any property owner to waive their right of appeal at any time.

(Ord. 2004-15 § 4 (part); Ord. 2000-1054 § 1 (part))

A.

The appeal of a property owner shall be in writing and filed with or mailed to the hearing officer designated by the city council within thirty days after the final determination is made. No fee shall be charged to a property owner for filing the appeal.

B.

After receipt of a written request for an appeal, the hearing officer shall schedule a time and date for the hearing not later than thirty days following the receipt of the appeal.

(Ord. 2004-15 § 4 (part); Ord. 2000-1054 § 1 (part))

At the time of the hearing on the appeal, the city shall have the burden to establish that there is an essential nexus between the dedication or exaction and a legitimate governmental interest and that the proposed dedication, exaction or zoning regulation is roughly proportional to the impact of the proposed use, improvement or development proposed by you, or, in the case of a zoning regulation, that it does not create a taking of property.

(Ord. 2004-15 § 4 (part); Ord. 2000-1054 § 1 (part))

A.

The hearing officer shall decide the appeal within five working days after the hearing.

B.

If the city does not meet its burden under Section 17.56.070, the hearing officer shall modify or delete the requirement of the dedication or exaction.

C.

The hearing officer can affirm the dedication or exaction, modify it or delete the requirement. In the case of the zoning regulation, the hearing officer shall transmit a recommendation to the city council.

D.

A property owner aggrieved by a decision of the hearing officer may, at any time within thirty days after the hearing officer has rendered a decision, file a complaint for a trial de novo in the superior court.

(Ord. 2004-15 § 4 (part); Ord. 2000-1054 § 1 (part))

This chapter does not apply to a dedication or exaction required in a legislative act of the city council that does not give discretion to a city administrative agency or city official to determine the nature or extent of the dedication or exaction.

(Ord. 2004-15 § 4 (part); Ord. 2000-1054 § 1 (part))