(A) Right of appeal.
(1) Notwithstanding anything in this chapter, or any city ordinance, to the contrary, the city shall not take, exact or require the dedication of any property without complying with the requirements of A.R.S. §§ 9-500.12 et seq.
(2) In the event any person believes that a dedication or exaction of property is being required by the city to use, develop or improve land, in violation of A.R.S. §§ 9-500.12 et seq., such person shall have a right to appeal the decision made by any official or agency of the city to the Board of Adjustment. The appeal procedure will be in conformity with A.R.S. §§ 9-500.12 et seq.
(3) In order to provide notice of this chapter and the appeal rights provided herein to all property owners who apply to the city to use, improve or develop their property, the policy provisions of division (B) below will be provided to all property owners who apply to the city for any use, improvement or development of their property.
(Prior Code, § 10-8.01)
(B) City policy concerning appeals from required dedications or exactions. In addition to other rights granted by the U.S. and Arizona Constitution, federal and state law and city ordinances or regulations, one is notified of his or her right to appeal any dedication or exaction which is required of him or her by an administrative agency or official of the city as a condition of granting approval of the request to use, improve or develop the property.
(Prior Code, § 10-8.02)
(C) Appeal procedure.
(1) The appeal must be in writing and filed with or mailed to the Board of Adjustment, (c/o City Clerk, 113 South First Street, Williams, Arizona 86046) within 30 days of the administrative agency or other official determination requiring the dedication or exaction.
(2) No fee will be charged for the filing.
(3) The hearing will be scheduled within 30 days of receipt of the request. The city will bear the burden of proving that the dedications or exactions to be imposed on the property bear an essential nexus between the requirement and a legitimate governmental interest and that the proposed dedication or exaction is roughly proportional to the impact of the use, improvement or development proposed by the person.
(4) Ten days’ notice will be given to him or her of the date, time and place of the hearing.
(5) The Board of Adjustment must render its decision in a public meeting either at the first hearing or no later than their next regular meeting, but in no event longer than 30 days from the first hearing date.
(6) The Board of Adjustment can affirm the dedication or exaction, modify it or delete the requirement.
(7) If a person is dissatisfied with the decision of the Board of Adjustment, he or she may file a complaint for a trial de novo with the Superior Court within 30 days of the Board of Adjustment decision.
(Prior Code, § 10-8.03)
(Ord. 747, passed - -1995)