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The mayor, or the mayor's designee, shall review the facts and information presented by the petitioner and determine if the action by the city constitutes an unconstitutional taking. In doing so, the city attorney's office shall serve as legal counsel and shall be consulted. The mayor, or the mayor's designee shall review the facts in light of the applicable state and federal constitutional law. (Ord. 1-95 § 1, 1995)
If the mayor, or the mayor's designee, fails to hear and decide the petition within fourteen (14) days after the filing of the petition, the administrative decision of the city officer, employee, board, commission or the council shall be deemed approved; provided, however, the mayor, or the mayor's designee, may extend the time to reach a decision, not exceeding an additional one hundred twenty (120) days following the receipt of the information required pursuant to this chapter, if prior to the expiration of the fourteen (14) day period, the mayor, or the mayor's designee notifies the petitioner, in writing, of such extension. (Ord. 1-95 § 1, 1995)
After completing the review, the mayor, or the mayor's designee, shall make a determination regarding the petition and, if determined to be necessary and appropriate, make a recommendation to council or the appropriate officer, employee, board or commission.
After completing the review, the mayor, or the mayor's designee, shall make a determination regarding the petition and, if determined to be necessary and appropriate, make a recommendation to council or the appropriate officer, employee, board or commission. (Ord. 1-95 § 1, 1995)
The guidelines adopted and decisions rendered pursuant to the provisions of this chapter are advisory, and shall not be construed to expand or limit the scope of the city's liability for an unconstitutional taking of a vested property interest. The decision rendered pursuant to the provisions of this chapter is not admissible in court for any purpose other than to demonstrate that the petitioner has exhausted the requisite administrative remedies, and in no event shall any recommended compensation be admissible into evidence. (Ord. 1-95 § 1, 1995)