CITY OF HOMER

HOMER, ALASKA

City Clerk

ORDINANCE 05-43(A)

AN ORDINANCE OF THE HOMER CITY COUNCIL AMENDING HOMER CITY CODE CHAPTER 14.04, SEWAGE--GENERAL PROVISIONS, AND CHAPTER 14.08, WATER RULES AND REGULATIONS TO PROVIDE FOR UNIFORMITY IN THE TWO APPEAL PROCEDURES AND ESTABLISHING AN APPEAL FEE.

WHEREAS, The Sewer and Water Appeal Procedures differ; and

WHEREAS, It seems appropriate that the appeal procedures for Sewer and Water should be uniform;

WHEREAS, Thirty days is provided for appeals regarding sewer and thirty days is provided for appeals to the Planning Commission or Board of Adjustment; and

WHEREAS, Fifteen days written notice is required for appeal hearings with the Planning Commission or Board of Adjustment; and

WHEREAS, There are administrative costs associated with the appeals procedure.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code Chapter 14.04, Sewage--General Provisions, is hereby amended to revise 14.04.100 Appeals, to add two new sections and change the numbering of 105, 110 to read as follows:

14.04.010 Definitions

14.04.020 Connection--Required.

14.04.030 Sewage rental collection--Disconnection for nonpayment.

14.04.040 Sewer rate schedule

14.04.050 Sewer connections and extensions.

14.04.055 Sewer connection and extension permit fee.

14.04.060 Disposition of revenue.

14.04.070 Destruction of private sewage disposal systems.

14.04.080 Sewage or industrial waste disposal permit-- Requirements.

14.04.090 Discharge of surface drainage into public sewer.

14.04.100 Appeals -Board of Appeals; notice of appeal.

14.04.105 Appeals - procedure.

14.04.110 Appeal to Superior Court.

14.04.[105]115 Extraterritorial services.

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14.04.[110]120 Rule making authority.

Section 2. Homer City Code Section 14.04.100, Appeals, is hereby amended to read as follows:

14.04.100 Appeals - Board of Appeals; notice of appeal.

a. Any person who is dissatisfied with the action of the City Manager or his designee under

this chapter in denying a permit or granting a permit where conditions are imposed or in modifying or revoking a permit, or with any other order in which the person may be affected, may, [within thirty

days from the date of such action, ]appeal to the Board of Appeals, comprised of the Mayor and members of the City Council by giving notice thereof to the City Clerk. [ In event of such appeal, the City Manager shall transfer to the City Council a report setting for the reason for denying the permit, requiring a change therein, imposing conditions prior to granting the same, modifying or revoking the permit, or the reason for any other order affecting the person appealing.]

b. An appeal to the Board of Appeals must be filed within thirty days of the order or decision appealed from, after which the order or decision is unappealable. Untimely appeals will not be accepted. A notice of appeal must be filed in writing with the City Clerk and be accompanied by the appeal fee as set forth by Council Ordinance or Resolution in the City of Homer Fee Schedule. The notice must contain:

1. Name and address of the permittee;

2. A copy of the order or decision being appealed;

3. A statement of the grounds for appeal that must include detailed and specific allegations of error and references to applicable provisions of the City Code or other law.

[b. The City Council shall have full power to review any action on the part of the City Manager under this chapter, or any order made by him, and the determination of the City Council shall be final.]

14.04.105 Appeals - procedure. a. All appeals must be heard by the Board of Appeals within sixty days from the day the appeal is filed. The appeal must be decided within a reasonable time after the hearing.

b. The City Clerk must prepare a record for the Board of Appeals consideration. The City Clerk must mail the permittee a notice when the record is complete. The record must be paginated and include the following, if they exist:

1. The permittee's applicable permit file;

2. Complaints, notices and correspondence regarding the administrative hearing;

3. All exhibits and documents received;

4. Any orders or written decisions.

c. The permittee must be given fifteen [twenty-one ]days' notice of the appeal hearing by first class mail to the address stated in the notice of appeal.

d. The permittee and the City Manager or other administrative official may file simultaneous written briefs not later than seven days before the appeal hearing. They may be represented by counsel. The Board of Appeals may hear oral arguments from the parties if

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the Board determines it will be helpful to the Board.

e. An electronic recording shall be kept of the entire appeal proceeding. The hearing will be conducted in public, but the Board of Appeals may deliberate and decide the matter in executive session.

f. The Board of Appeals will issue a written decision including its findings and reasons supporting its decision. Copies of the Board of Appeals decision shall be promptly mailed to all parties participating in the appeal.

14.04.110 Appeal to Superior Court. A final decision of the Board of Appeals may be appealed to the Superior Court no later than thirty days following the date the decision of the Board of Appeals is first mailed or delivered to the permittee. An appeal to the court must be filed according to the applicable court rules.

Section 3. Homer City Code Section 14.08.140, Appeals - Board of Appeals, is hereby amended to read as follows:

14.08.140 Appeals - Board of Appeals; notice of appeal. a. A suspension or revocation of a permit under section 14.08.130 may be appealed to a Board of Appeals comprised of the Mayor and the members of the City Council.

b. An appeal to the Board of Appeals must be filed within [fifteen ]thirty days of the order or decision appealed from, after which the order or decision is unappealable. Untimely appeals will not be accepted. A notice of appeal must be filed in writing with the City Clerk and be accompanied by the appeal fee as set forth by Council Ordinance or Resolution in the City of Homer Fee Schedule. The notice must contain:

1. Name and address of the permittee;

2. A copy of the order or decision being appealed;

3. A statement of the grounds for appeal that must include detailed and specific allegations of error and references to applicable provisions of the City code or other law. (Ord. 01-03(A)§5, 2001)

Section 4. Homer City Code Section 14.08.150, Appeals - procedure, is hereby amended to read as follows:

14.08.150 Appeals - procedure. a. All appeals must be heard by the Board of Appeals within sixty days from the day the appeal is filed. The appeal must be decided within a reasonable time after the hearing.

b. The City Clerk must prepare a record for the Board of Appeals consideration. The City Clerk must mail the permittee a notice when the record is complete. The record must be paginated and include the following, if they exist:

1. The permittee's applicable permit file;

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2. Complaints, notices and correspondence regarding the administrative hearing;

3. All exhibits and documents received at the administrative hearing;

4. Tapes or minutes of the administrative hearing;

5. Any orders or written decisions made by the administrative hearing officer.

c. The permittee must be given fifteen [twenty-one] days' notice of the appeal hearing by first class mail to the address stated in the notice of appeal.

d. The permittee and the City Manager or other administrative official may file simultaneous written briefs not later than seven days before the appeal hearing. They may be represented by counsel. The Board of Appeals may hear oral arguments from the parties if the Board determines it will be helpful to the Board.

e. An electronic recording shall be kept of the entire appeal proceeding. The hearing will be conducted in public, but the Board of Appeals may deliberate and decide the matter in executive session.

f. The Board of Appeals will issue a written decision including its findings and reasons supporting its decision. Copies of the Board of Appeals decision shall be promptly mailed to all parties participating in the appeal. (Ord. 01-03(A)§6, 2001)

Section 5. This Ordinance is of a permanent and general character and shall be included in the City Code.

Section 6. The City of Homer Fee Schedule shall be amended to include a section for Appeal Fees. The Appeal fee for sewer and/or water matters shall [be $75.00 per appeal.] shall be set by Resolution; in the event the appellant is the prevailing party [ appeal is granted] the fee shall be refundable.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this ________ day of ______________, 2005.

CITY OF HOMER

____________________________

MICHAEL YOURKOWSKI, MAYOR PRO TEMPORE

ATTEST:

____________________________________

MARY L CALHOUN, CMC, CITY CLERK

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YES: 6

NO: 0

ABSTAIN: 0

ABSENT: 0

First Reading: August 22, 2005

Public Hearing: September 26, 2005

Second Reading: September 26, 2005

Effective Date: September 27, 2005

Reviewed and Approved as to form and content:

__________________________ _________________________

Walt E. Wrede, City Manager Gordon J. Tans, City Attorney

Date: _______________ Date: _______________

Fiscal Note: Revenues to assist in covering appeal costs incurred by the City.