HomeMy WebLinkAboutRes 1995-45c
RESOLUTION NO.1995-45
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS,ARIZONA
APPOINTING A HEARING OFFICER PURSUANTTO 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 beknown as A.R.S.§9-500.12.;and,
WHEREAS,paragraph A.of that Section requires theTownof Fountain Hills to
appointahearingofficer and to notify property owners oftheirrightto appeal a dedication
or exaction whichisaconditionofgranting approval forthe use,improvement or
development ofreal property;
NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS:
Section 1.That the Townof Fountain Hills TownCouncil 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.ThattheTown hereby directs the Community Development Directorin
cooperation with the TownAttorneyto prepare and distribute a printed noticeof the right
to appeal dedication and exaction inaform similiar to the form attached to this Resolution
and marked as Exhibit A.
Section 3.That the Community Development Director is requested to develop a system
whereby written receipt of the Noticeis evidenced by property owners or property owner's
agents and that each application which requests that real property be puttoa 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 AM and 5:00 PMon Monday through Friday,except for holidays;and that they
shall conducted at the offices of the Town of Fountain Hills.Permission tohold hearings
atany other timeor any other locationshallonlybe granted upon the expressed written
approval of the property owner.
PASSYFAIL *1~S-?S
MOTION *'\aA$£>V\
SECOND "PhbgiS FH1995.RES -1
COUNT ~~I-Q
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PASSED AND ADOPTED BY this5thdayofJuly 1995.
FOR THE TOWN OF FOUNTAIN HILLS:
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John M.:Cutillo,Mayor
ATTESTED TO:
Casswe Hansen,Town Clerk
APPROVED AS TO FORM:
illiam E.Farrell,TownAttorney
FH1995.RES-2
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NOTICE TO PROPERTY OWNER OF APPEAL RIGHTS
UNDER A.R.S.§9-500.12.
A.R.S.§9-500.12.A.requiresyou,asapropertyowner,tobenotifiedthat if youhave
requestedfromthe Town of FountainHillsapprovalfortheuse,improvement ordevelopment
of realpropertyandanofficialoranadministrativeagency of the Town hasmadeafinal
determinationthatasacondition of your approval,you must eithermakeadedicationoran
exactionandyouwishtoappealtherequired dedication oranexaction,thereisaprocessinplace
forthatappeal.
The Town of Fountain Hills has retained Mr.Richard W.Garnett,7272 East Indian
SchoolRoad,Suite109,Scottsdale,Arizona 85251,toserveasa hearing officer pursuant to
A.R.S.§9-500.12.A.
Thisright of appeal of adedicationorexactionrequireddoesnotapplytothose
dedicationsorexactionsrequiredinalegislativeact of the Town Councilthatdoesnotgive
discretiontoanadministrativeagencyoranofficialtodeterminethenatureor extent of the
dedication or exaction.
The appeal must bein writing and signed by theproperty owner and should be mailed
orfiled with thehearing officer within thirtydaysafterthefinal determination is made.There
isnochargeforfilingtheappeal.
The hearing officer shallscheduleatimeforahearingnolaterthanthirtydaysafterthe
receipt of theappeal.You asaproperty owner willbegivenatleasttendaysnotice of the time
forthehearing of theappealand only you may agreetoashorter time period.
At thehearing,the Town of FountainHills,will have the burden to establish thatthere
isan essential nexus between the dedication or exaction asked of you anda legitimate
governmental interest.The Town will further have the burden to show thatthe proposed
dedication or exaction is roughly proportionaltothe impact of the proposed use,improvement
or development of your parcelorparcels of land.
The hearing officer shalldecidetheappeal within five working daysafteryourappealis
heard.
If thehearing officer either modifies or affirms the requirement of the dedication or
exaction andyouastheproperty owner areaggrievedbythedecision,you may file,within thirty
daysafterthehearing officer hasrenderedadecision,a complaint foratrialde novo inSuperior
Courtonthefactsandlawregardingtheissue of the condition or requirement of thededication
or exaction.
A.R.S.9-500.12.-1
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At theSuperiorCourt,the Judge hasthe authority to award reasonable attorney fees
incurredinthe appeal andthetrialtotheprevailingparty.TheCourtmayalso award damages
as are deemed appropriate tothelandownertocompensatefordirectand actual delay damages
butonlyuponafindingthattheTown of Fountain Hillsactedinbadfaithin requiring the
dedication or exaction.
A.R.S.§9-500.12.containslegalrightsthatareforthebenefit of propertyownersand
thissheetshouldnotberelieduponasanythingmorethananoticethatStatuteexistsandthat
you,asapropertyowner,haverights.Forafurtheranddetail explanation of yourrights,you
shouldcontactyourownattorney.The Town Staff hasbeenspecificallydirectednottoanswer
anyquestionsregardingtheappealprocessorthetrialinSuperiorCourt.You may,however,
obtainatnochargeacopy of any of thewritten material necessaryforyoutopursueyourrights
underthisStatuteincluding,butnotlimitedto,acopy of all Staff reports concerningyour
propertyandminutes of any meeting of theBoard of Adjustment,thePlanning&Zoning
CommissionortheMayorandCouncilconcerningyour property.
A.R.S.9-500.12.-2