6.13.104: APPEALS:
Any aggrieved person may appeal any case in which the person believes that the City has failed to properly consider the person's application for personal or business relocation assistance under section 6.13.102 of this article. Assistance may include, but is not limited to, eligibility for, or the amount of, a required relocation payment.
   A.   Administrative Appeal: The aggrieved person may file a written notice of appeal with the Administrator of the City's real estate assets. The City shall consider the written notice of appeal regardless of form.
      1.   The written appeal must be filed within sixty (60) days of the date of the City's final written offer of relocation assistance. The Administrator shall set a hearing before the Administrator and the Project Manager not less than thirty (30) nor more than sixty (60) days from the date of the appeal.
      2.   Prior to the administrative appeal hearing, the City shall permit the appellant to inspect and copy all materials pertinent to the appeal, except materials that are confidential. Inspection and copying shall be in accord with the Colorado Open Records Act.
      3.   At the administrative appeal hearing, the appellant may, at the appellant's own expense, be represented by legal counsel or another person in connection with the appeal.
      4.   The administrative appeal hearing shall be recorded and the appellant, at the appellant's option and expense, may request a transcript of the recorded hearing.
      5.   The Administrator and Project Manager shall consider all pertinent justification and other material submitted by the appellant, and all other information that is needed to ensure a fair and full review of the administrative appeal. Within ten (10) days of the conclusion of the administrative appeal hearing, the Administrator and Project Manager shall make a written determination on the appeal, including an explanation of the basis on which the decision was made, and provide a copy to the appellant. If the full relief requested is not granted, the written determination shall advise the appellant of the right to a final administrative appeal.
   B.   Final Administrative Appeal: An appellant aggrieved by the decision of the written determination resulting from an administrative appeal may appeal that decision to a final administrative appeal panel (the "panel") by filing a written notice of appeal with the Administrator of the City's real estate assets within ten (10) days of the date of mailing of the written determination resulting from the administrative appeal hearing. The City shall consider the written notice of appeal regardless of form.
      1.   The Administrator shall forward the notice to the panel which shall set a hearing not less than thirty (30) nor more than sixty (60) days from the date of the appeal. The panel shall consist of the Mayor, the Executive Director of Utilities and the Chief Executive Officer of MHS Enterprise, or their designees, none of whom shall have had any prior involvement in the relocation.
      2.   The appellant may, at the appellant's expense, be represented by legal counsel or another person at the final administrative appeal hearing.
      3.   The panel shall review the relocation file, the justification and material presented at the administrative hearing and the resulting written determination. The panel, in its sole discretion, may receive additional information, documents or other material necessary to ensure a fair and full review of the appeal or to assist the panel in determining whether the City failed to properly consider the application for assistance under section 6.13.102 of this article, including, but not limited to, eligibility for, or the amount of, a required relocation payment. The final administrative appeal hearing shall be recorded and the appellant, at the appellant's option and expense, may request a transcript of the recorded hearing.
      4.   Within ten (10) days of the conclusion of the final appeal hearing, the panel shall issue a final written determination on the appeal, including an explanation of the basis on which the decision was made, and provide a copy to the appellant. If the full relief requested is not granted, the written determination shall advise the appellant of the right to seek judicial review of the panel's decision. (Ord. 06-221; Ord. 11-19; Ord. 15-64)