10-3-1: APPEAL AUTHORITIES:
A. Land Use Appeals: Except as provided in subsections B and D of this section, the administrative hearing officer, appointed pursuant to title 1, chapter 15 of this code, is the appeal authority for challenges to all final land use authority decisions, and challenges to fees imposed hereunder. Appeals under this section shall be pursuant to title 1, chapter 15 of this code.
B. Land Use Appeal Of Geologic Hazard Determinations: An applicant who has appealed a decision of the land use authority, administering or interpreting a geologic hazard regulation, may request that a panel of qualified experts serve as the appeal authority for purposes of determining the technical aspects of the appeal. Upon the applicant’s timely written request, payment of one-half (½) of the cost of the panel, the city shall assemble a panel of:
1. One (1) expert designated by the city and unaffiliated with the project;
2. One (1) expert designated by the applicant and unaffiliated with the project; and
3. One (1) expert chosen jointly by the first two (2) designated experts and unaffiliated with the project.
C. Request For Variance: The appeal authority decides requests for variances. A land use applicant may request a variance by submitting the request on a form supplied by the city, and by paying any applicable fees.
D. Constitutional Takings Appeal: In order to promote the protection of private property rights, and to prevent the taking, seizure, or exaction of private property without just compensation, the city shall adhere to the following before authorizing the physical taking or exaction of private real property:
1. Takings Review Procedure: Prior to any proposed action to physically take or exact property by the city, the city attorney should review the proposed action to determine if a constitutional taking requiring just compensation would occur under the Fifth or Fourteenth Amendments to the Constitution of the United States, under Article I, Section 22 of the Utah Constitution, or under any recent court rulings. The city attorney should determine whether the proposed action bears an essential nexus to a legitimate governmental interest, and whether the action is roughly proportionate and reasonably related to the legitimate governmental interest. The city attorney should also determine whether the action deprives the private property owner of all reasonable use of the property. Upon identifying a possible constitutional taking, the city attorney should, in a confidential, privileged, and protected writing, inform the mayor, city council, and land use authority of the possible consequences of its proposed action. This opinion shall be advisory only. No liability shall be attributed to the city for failure to follow the recommendation of the city attorney. The guidelines in this chapter are advisory only and shall not expand nor limit the scope of the city’s liability for a constitutional taking;
2. Appeal: Any private property owner who believes that his/her property is proposed to be taken by a final action of the land use authority may appeal the that final decision to the appeal authority within thirty (30) days after the written decision is made. The appeal must be filed in writing with the city recorder. The appeal authority shall have fourteen (14) days to hear and decide the appeal after it is filed. The appeal authority can affirm or reverse the decision of the land use authority. The appeal authority, with advice from the city attorney, shall review the appeal pursuant to subsection D1 of this section. The decision of the appeal authority shall be in writing with copies given to the appellant, mayor, city council, and the land use authority. Failure to appeal does not constitute a failure to exhaust available administrative remedies, or as a bar to bringing legal action. (Ord. 2019-10-002, 10-10-2019)