Title
AN ORDINANCE ESTABLISHING AND AMENDING CERTAIN ADMINISTRATIVE APPEAL PROCESSES WITHIN THE CITY.
Brief Description: The City of Hudson is interested in redefining and clarifying its internal administrative appeal processes. The current process and Codified Ordinances do not specify a standard of review for appeals, and this legislation will clarify boards or commissions’ obligation to render findings of fact and will establish a presumption in favor of the lower body’s determination.
Body
Legislative History
None.
Purpose & Explanation
In the past, the City of Hudson has faced several internal administrative appeals from various board and commission determinations. Based on this recent experience, it is recommended that a clearer process be developed and that a specific standard of review be established for those matters that come before the Board of Zoning and Building Appeals as well as City Council. As such, it is proposed that all appealed decisions be afforded a presumption of validity and a rule that in order for that decision to be overturned, it must be found unreasonable in that it was arbitrary, capricious, or unconscionable.
Also absent from the current code is a reviewing body’s ability to remand a case for the issuance of more detailed findings of fact in the event that the reviewing body determines the decision on appeal lacks the necessary findings. This remand authority will improve the quality of review, streamline the process, and support this legislation’s intent of granting a lower body’s determination a presumption of validity and correctness.
Timing Considerations
No emergency clause is requested.
Fiscal Impact
None
Recommendation
Suggested Action
That the Codified Ordinances of the City of Hudson be amended and provide a new, streamlined process for processing certain administrative appeals.
Submitted by,
Christopher Foster, Council President