HomeMy Public PortalAboutORD-CC-2022-08CITY OF MOAB
ORDINANCE 2022-08
AN ORDINANCE AMENDING MOAB CITY MUNICIPAL CODE,
SECTION 1.04.020, DEFINITIONS AND RULES OF CONSTRUCTION,
AND SECTION 4.11.040, APPEAL PROCEDURE, TO SPECIFY APPEAL
AUTHORITY MEANS THE HEARING OFFICER
RECITALS
WHEREAS Utah Code Ann. § 10-3-702 authorizes the Moab City Council to pass any
ordinance to regulate, require, prohibit, govern, control or supervise any activity, business, conduct
or condition authorized by this act or any other provision of law; and
WHEREAS Utah Code Ann. § 10-3-707 authorizes the Moab City Council to revise,
codify and compile from time to time and to publish in book, pamphlet or looseleaf form all
ordinances of the municipality of a general and permanent character and to make such changes,
alterations, modifications, additions, and substitutions therein as it may deem best to the end that
a complete simplified code of the ordinances then enforced shall be presented, but with errors,
inconsistencies, repetitions, and ambiguities therein eliminated; and
WHEREAS Utah Code Ann. § 10-3-703.7 authorizes the Moab City Council to establish
administrative proceedings to review and decide certain administrative matters, including appeals
of decisions rendered by Moab City; and
WHEREAS the Moab City Council intends to codify its current practice that the presiding
officer in an administrative adjudicative proceeding shall be the hearing officer, unless otherwise
specified in the Moab Municipal Code; and
WHEREAS the amendments to the ordinance will serve the best interests of the City of
Moab and the public to clarify administrative appeal provisions.
NOW, THEREFORE, IT IS ORDAINED by the Moab City Council, Moab, Utah, as
follows:
1. Title 1, General Provisions. Chapter 1.04. Definitions and Rules of Construction of the
Moab Municipal Code is hereby amended:
1.04.20. Definitions and rules of construction.
2. Appeal Authority. The term "appeal authority" means the hearing officer unless
otherwise specified in this code. [Remaining sections renumbered.]
10. Hearing Officer. The term "hearing officer" means the person appointed by the
Mayor with the advise and consent of the city council to be the appeal authority who possesses
knowledge of the Moab Municipal Code, administrative adjudicative hearing procedures, and
due prrress ri lats caf land use applicants and other appli
subsections r°enure ered,l
Title 4. Special Event and Street Perlin°rnance Perraaits. Chapter 4.11. Special (vent;
Application Denials . et ocatidans, and Appeals is hereby repealed and reenacted:
apper
-edrngs. [I' e1'a7ainin
4.11.040. Appeal proced rrre.
A. \nyF special event applicant adversel • al'`ect id by a perrtrittlrg decisir n under dais chapter
may appeal as l °ided in this section.
B. The hearing officer is the appeal arcthorit ° leer appeals filed under his chapter.
C. Appeals rafdecisions by the Special events Coordinator, SERC, or the City: Council shall he
appealed to the hearing officer by delivering written notice to the City no later than seven
calendar days from the date of the decision or order which is the subject of the appeal. The
hearing officer shall promptly hold a hearing, and the hearing officer's decision shall be final,
D. In any appeal proceeding under this chapter, the her
decision that is the subject of the appeal if it is tt and to he
uunlaa fda1,. (Ord, 18-15 3, 20 18)
` overturn
capricious, or
This Ordinance shall be effective inarrrediatel upon passage,.
.PP P1) AND ADOPT by the
2022.
daraarrrar rorara
City ° of Moab/1
la f. it) Council. 10 b. 1. tah, this day of
By
Tawny Knu oyd.