(A) Where any officer or advisory board member has a doubt as to the applicability of any provision of the code to a particular situation, or as to the definition of terms used herein, he may apply to the City Attorney for an advisory opinion. The officer or advisory board member shall have the opportunity to present his or her interpretation of the facts at issue and of the applicability of provisions of the code before such advisory opinion is made.
(B) The City Attorney shall only issue advisory opinions concerning how the code applies prospectively to a particular situation, or how the definition of terms used herein applies prospectively to such a situation. The City Attorney shall not issue advisory opinions to city officer or advisory board members in matters when a complaint is already pending with the City Council or the situation in question has already occurred. These matters shall be handled as provided in § 34.46 hereof.
(C) Until amended or revoked, any advisory opinion shall be binding on the city, the City Council, and the City Attorney in any subsequent actions concerning the public officer or advisory board member who sought the opinion and acted on it in good faith, unless material facts were omitted or misstated in the request for the advisory opinion. Such opinion shall not be binding in any judicial proceedings initiated by any private citizen.
(Ord. 1466, passed 12-8-03; Am. Ord. OR-2182-20, passed 9-14-20)