(A) Rights of property owner. In addition to other rights granted to you by the United States and Arizona Constitution, federal and state law and town ordinances or regulations, you are hereby notified of your right to appeal any dedication or exaction which is required of vou by an administrative agency or official of the town as a condition of granting approval of your request to use, improve or develop your property.
(B) Appeal procedure. If you wish to appeal, the following procedures will apply to your appeal.
(1) It must be in writing and filed with or mailed to the Hearing Officer designated by the town within 30 days after the administrative agency or official has made his or her determination requiring the dedication or exaction.
(2) No fee will be charged for filing your appeal.
(3) Your hearing will be scheduled within 30 days of receipt by the Hearing Officer of your request. The town will bear the burden of proving that the dedication or exaction to be imposed on your property has an essential nexus to a legitimate governmental interest and that the proposed dedication or exaction is roughly proportional to the impact of the use, improvement or development proposed by you.
(4) Ten-days’ notice will be given to you of the date, time and place of the hearing unless you indicate to the Hearing Officer in your request that less notice is acceptable to you.
(5) The Hearing Officer must render his or her decision within five working days after the hearing.
(6) The Hearing Officer can affirm the dedication or exaction, modify it or delete the requirement.
(7) If you are dissatisfied with the decision of the Hearing Officer, you may file a complaint for a trial de novo with the Superior Court within 30 days of the Hearing Officer’s decision.
(C) Questions. If you have questions about this appeal process, you may wish to contact an attorney. This appeal procedure is governed by A.R.S. §§ 9-500.12, 9-500.13 and 11-811.
(D) Certification. I hereby certify that I have received a copy of this Procedures of the Town of Clifton on Appeals of Required Dedications or Exaction, and have read this document.
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Date Signature
(Ord. 01-95, passed 9-21-1995)