HomeMy WebLinkAboutA001 - Memo from City Clerk to Housing Board of Appeals on Filing Fees, July 12, 1985 pk-Es N ►3A - -7-t z -Fs
TO : Housing Board of Appeals Mimi
FROM : Nancy Gibbons
DATE : July 12, 1985
SUBJECT : Filing fee for appeals
Staff has discussed Section 13.17 of the Municipal Code (copy attached)
and we feel that the Code needs revision, or at minimum, clarification
regarding the $20.00 refund.
The $20.00 filing fee does not begin to cover costs for processing of an
appeal , and whether or not the appellant prevails, the costs are still
incurred. We feel there are instances when it would be more proper for
an appellant to receive a refund (i .e. - if a renter applies for
assistance in dealing with a problem in rental property, perhaps he/she
should receive a refund, but perhaps this should come from the owner of
the property, not the City. )
I would like to discuss this issue with you at your next meeting. Please
keep in mind the direction that the City Council has given to staff; that,
in an attempt to keep general taxes at the lowest possible level , parties
most benefited by an action should bear the majority of the cost.
cc: City Council
City Manager
Assistant City Manager
Assistant to the City Manager
City Attorney
Sec. 13.17. HEARING.
Any aggrieved person may within two (2) weeks of the date of
adverse written decision of a housing inspector file a written application
for hearing before the housing appeal board. Such application should
be made upon forms to be supplied by the city clerk and shall include a
copy of the decision appealed, the specific details being appealed, and
such other documentary evidence as the appellant desires to bring to
the attention of the board. Such application shall be accompanied by a
filing fee of twenty dollars ($20.00) which shall be returned to an
appellant who prevails at the hearing. The city clerk shall publish
notice of the scheduled hearing in a paper of general circulation in
Ames at least three (3) days before the hearing date.
(Ord. No. 2603, Sec. 2, 5-24-77)
Sec. 13. 18. HEARING PROCEDURE.
To assure orderly procedure, the housing inspector, or a desig-
nee, shall present the records, reports, and testimony of witnesses to
support the decision or order appealed. The appellant, who may be
represented by an attorney, shall be given an opportunity to present
documentary evidence and testimony of witnesses in support of the
appeal. The board may also direct that other witnesses be called and
may call upon any city department for assistance or advice. All wit-
nesses shall be subject to cross examination by the opposing party.
The appellant shall have the burden of proof.
(Ord. No. 2603, Sec. 2, 5-24-77)
Sec. 13.19. HEARING TO BE PUBLIC.
Hearings shall be open to the public during the presentation of
testimony and other evidence and during any argument or discussion
the board may permit. Upon completion of the submission of evidence,
the board shall make findings and a determination based thereupon.
The board may request assistance from the city attorney's office in
formalizing its findings and determinations, which shall be issued in
written form. Findings and determinations will be made no later than
thirty (30) days after the hearing.
(Ord. No. 2603, Sec. 2, 5-24-77)
Sec. 13.20. POWERS OF THE HOUSING APPEAL BOARD.
The housing appeal board may on the basis of its findings and de-
terminations, and for each element of nonconformance appealed:
(1) Affirm the determination appealed.
(2) Overrule a determination it finds in error.
(3) If it determines that a dwelling unit is in sufficient confor-
mance with the requirements of this chapter that there would
not be any substantial danger to the health or safety of
occupants and that such an action would be in the best
interest of the public, it may:
SUPP. 8 13-14 Jul. 1, 1982