Title 9, A.R.S. § 9-500.12 specifies the terms under which a property owner is entitled to appeal from dedications or exactions required as a condition of the use, improvement or development of property.
If a property owner requests, and an administrative agency or official of the City makes a final determination that grants an approval for the use, improvement, or development of real property subject to the requirement of a dedication or exaction as a condition of granting approval, the property owner may appeal the required dedication or exaction to the hearing officer. The City shall notify the property owner that the property owner has the right to appeal the dedication or exaction pursuant to this section and shall provide a description of the appeal procedure. The City shall not request the property owner to waive the right of appeal or trial de novo at anytime during the consideration of the property owner's request.
This section does not apply to a dedication or exaction required in a legislative act of the City that does not give discretion to an administrative agency or official to determine the nature or extent of the dedication or exaction.
A. Procedure. The following procedures apply to appeals:
The appeal shall be in writing and filed with or mailed to the Hearing Officer within 30 days of the administrative decision requiring dedication or exaction.
B. Hearings. Hearings shall be scheduled within 30 days of receipt by the Hearing Officer. Ten days notice shall be given to the aggrieved party unless the aggrieved party indicates to the Hearing Officer that shorter notice is acceptable. The Hearing Officer shall render a decision within five working days after the appeal is heard. The Hearing Officer may affirm the dedication or exaction, modify it, or delete the requirements.
At the hearing any party may appear in person or by agent or attorney. Parties to an appeal shall have the right to present their case by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross examination of witnesses as may be required for full, true disclosure of the facts; provided that:
1. The submission of documentary evidence shall not, by reason of its written form, prejudice the interest of any party; and
2. The Hearing Officer shall, as a matter of policy, provide for exclusion of irrelevant, immaterial or unduly repetitious evidence and, in furtherance of this policy, may limit cross examination.
The burden of proof shall rest with the city that the following conditions apply:
1. The dedication or exaction must bear an essential nexus between the requirement and a legitimate governmental interest; and
2. The proposed dedication or exaction is roughly proportional to the impact or use, improvement or development.
C. Stay of Proceedings. Any appeal stays all proceedings in furtherance of action appealed from, unless the City certifies to the Hearing Officer after the notice of appeal is filed with him that, by reason of facts stated in this certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Hearing Officer or by a court of record in application or notice to the City and due cause shown.
(Ord. 743, passed 4-10-86; Am. Ord. 990, passed 10-26-95; Am. Ord. 1055, passed 1-8-98; Am. Ord. 1061, passed 2-12-98)