(A) Created. There is hereby created and established an appeal authority, which shall be known as the Administrative Hearing Officer.
(B) Powers and duties. The Administrative Hearing Officer shall hear and decide:
(1) Variances from the terms of this chapter, with a finding of unreasonable hardship, as required by UCA Title 10, Chapter 9a, as amended;
(2) Render decisions on determination of nonconforming uses and noncomplying structures;
(3) Requests for the issuance of a building permit authorizing the reconstruction, remodeling, expansion or enlargement of a noncomplying building or structure;
(4) Hold hearings on appeals of code enforcement actions; and
(5) Meet on an as needed basis.
(C) Matters not considered. The Administrative Hearing Officer shall have no power, jurisdiction or authority to consider any of the following:
(1) Any variances or waivers to any of the standards governing the approval of a general plan amendment application, zoning ordinance amendment application, zoning districts map amendment application, subdivision ordinance amendment application, or any other approval, permit or license;
(2) Amendments to the general plan, any element or map thereof, or any provision, requirement or map of this chapter, or any provision or requirement of the subdivision ordinance;
(3) Make any decisions or determinations that would have the effect of authorizing a use, which is not identified in the table of uses located in § 153.155; and
(4) Variances of unreasonable hardship if the hardship is self-imposed or economic.
(D) Appointment, removal and terms.
(1) The Administrative Hearing Officer (AHO) shall be contracted with by the Mayor, with advice and consent of the City Council. The AHO shall be appointed for a three-year term, unless terminated earlier as set out herein, and may be reappointed for subsequent terms.
(2) The Administrative Hearing Officer should be law trained and knowledgeable in civil code enforcement and due process.
(3) The Administrative Hearing Officer is a contract position, and is not entitled to any of the benefits that the city provides for city employees.
(4) The Mayor, with the advice and consent of the City Council, may terminate the Administrative Hearing Officer’s contract by written notice for violation of this chapter.
(5) The Mayor shall assign a staff person to act as the recording secretary to serve the Administrative Hearing Officer. The recording secretary shall keep the minutes of all proceedings of the hearing, which minutes shall be the official record of all proceedings before the Hearing Officer. The minutes of all hearings of the Administrative Hearing Officer shall be filed in the city office. All such records shall be available for public review and access in accordance with the Government Records and Access Management Act, UCA §§ 63A-2-101 et seq., as amended.
(6) All decisions of the Administrative Hearing Officer shall be final and shall take effect on the date of the meeting when the decision is made, unless a different date is designated at the time the decision is made.
(Prior Code, § 10-2-4) (Ord. passed 8-10-2006)