(a)

In order to comply with State and Federal laws, there is hereby created the office of hearing officer for the City of Globe to hear appeals from property owners who have been required by a decision of an administrative agency or official of the City to complete a dedication or exaction as a condition of approving an applied for use, improvement, or development of the owner's real property. All actions of the hearing officer shall be in full compliance with the provisions of A.R.S. § 9-500.12 et seq., as amended from time to time, and with the provisions of this article. Should there be a conflict between the provisions of this article and State law, the provisions of State law shall apply.

(b)

The hearing officer shall be appointed by the Mayor and Council and shall serve a term of two years, be over the age of 18, be a resident of the City of Globe, shall not be a City employee other than as a hearing officer, and shall be informed of, and follow, the conflict of interest policy established by the City.

(c)

The compensation of the hearing officer shall be determined by the Mayor and Council at the time of appointment and shall include reimbursement for expenses of appearing at hearings. There shall be no change to the compensation during the term of office.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

The City Manager shall establish procedures to comply with the provisions of A.R.S. § 9-500.12 et seq. as same may be amended from time to time, including the establishment of a procedure to notify property owners of their appeal rights pursuant to State law and this article. The City Manager shall further establish a method of insuring continuing education and notification of all City administrative agencies, City staff and the Mayor and Council of the requirements of State law.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

(a)

At the time of any decision by an administrative agency or official of the City which makes a final determination granting the approval of a requested use, improvement, or development of real property subject to the requirement of a dedication or exaction as a condition of granting the approval, the property owner shall be notified in writing of his/her right to appeal the required dedication or exaction pursuant to this Code and A.R.S. § 9-500.12. The notice shall further describe the appeals procedure which shall, in all respects, comply with A.R.S. § 9-500.12.

(b)

Appeals.

(1)

The appeal shall be in writing and filed with or mailed to the hearing officer designated by the City within 15 days of the decision of the administrative agency or official requiring the dedication or exaction.

(2)

No fee will be charged for the filing.

(3)

The hearing officer shall schedule a hearing within 30 days of the receipt of the request.

(4)

At the hearing, the City shall bear the burden of proving that the dedications or exactions being required bear an essential nexus between the requirement imposed and a legitimate governmental interest of the City and that the proposed dedication or exaction is roughly proportional to the impact of the use, improvement, or development proposed by the property owner.

(5)

The hearing officer shall provide at least ten days' notice of the date, time, and place of the hearing unless the property owner acknowledges, in writing, that less notice is acceptable to him/her. The hearing officer must render his/her decision within five working days after the appeal is heard.

(6)

The hearing officer can affirm the dedication or exaction, modify it, or delete the requirement. His/her decision shall be in writing and delivered to the address provided by the property owner and to the City Manager and City Attorney.

(7)

If the property owner is aggrieved by decision of the hearing officer which modifies or affirms the requirement of the dedication or exaction, the property owner may, within 30 days, after the hearing officer has rendered a decision, file a complaint for a trial de novo in Superior Court on the facts and the law regarding the issues of the condition or the requirement of a dedication or exaction.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

The provisions of this article shall not apply to a dedication or exaction required in a legislative act of the City Council which does not give discretion to an administrative agency or official to determine the nature or extent of the dedication or exaction.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)