CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. O-26-10 ENACTMENT NO. ________________________
SPONSORED BY: Klarissa J. Pe?a
ORDINANCE
title
Amending Section 14-6-6-4(U)(5) Of The Integrated Development Ordinance To Define The Criteria For Awarding Appeal Costs (Pe?a)
body
WHEREAS, land use appeals to the City Council under the City's Integrated Development Ordinance (IDO) are closed record proceedings, meaning that the Land Use Hearing Officer (LUHO) and the City Council must base their findings and recommendations solely on the administrative record and the arguments presented by the parties; and
WHEREAS, existing language in Section 6-4(U)(5)(b) of the IDO requires consideration of factors such as financial hardship and the City's Social Vulnerability Index, which are not part of the administrative record and therefore cannot be properly evaluated within the procedural limits of a closed record appeal; and
WHEREAS, defining the procedures for incorporating these extra-record factors into the record and incorporating the additional considerations identified below ensures that the LUHO's findings on appeal costs and fees are based solely on the merits of an appeal, the record, and conduct presented in the record, consistent with the fair and impartial administration of the appeal process; and
WHEREAS, these revised criteria are objective, legally sound factors that align more closely with the standards used in judicial proceedings for determining the extent to which reasonable costs and attorney's fees should be awarded; and
WHEREAS, these revised criteria promote fairness and accountability while preserving access to the appeal process; and
WHEREAS, this amendment ensures that the assessment of costs and fees remains consistent with both the closed-record nature of the appeal and the legal and equitable principles that guide similar determinations in court settings.
BE IT ORDAINED BY THE COUNCIL, THE GOVE...
Click here for full text