The text
Sec. 3.10.020. - Administrative law judge.#
1.
Administrative law judge as appeal authority.
a.
Establishment. There is hereby established an appeal authority consisting of an administrative law judge, appointed by the mayor with the advice and consent of the legislative body.
b.
Administrative law judge and terms; selection of administrative law judge.
i.
Process of selection. Upon the need for the filling of a vacancy or establishing one or more new administrative law judges, the mayor shall act to post notice of the administrative law judge vacancy as a Class A notice as required under U.C.A. § 63G-30-102. Said notice shall include at least the general responsibilities of the judge, direction for interested applicants to submit a letter of interest, procedure for submitting letters of interest, and the closing date of the vacancy's notice. The notice shall be advertised for not less than ten days.
ii.
Selection. Upon completion of the vacancy notice period, the mayor shall be charged with the selection of the new administrative law judge from the collection of submitted letters of interest. It shall be to the mayor's discretion regarding the process for reviewing interested applicants for appointment to fill any administrative law judge vacancies.
iii.
Concurrency.
(1)
Members of the citizenry shall be considered ineligible to serve as an administrative law judge, if that person is a member of the city council, planning commission, city staff or any other city board or commission, or any other direct conflict of interest.
(2)
Term of the judge. The term of an administrative law judge shall be four years concluding at midnight on the 31st day of December of the year of term expiration. At the expiration of the term the mayor may reappoint the judge to additional four-year terms with the advice and consent of the legislative body.
(3)
Established administrative law judge. Individuals serving as an administrative law judge at the time of adoption of this ordinance shall be considered properly appointed and shall not be required to be reappointed. The mayor shall be required to establish terms for established members in accordance with this section.
c.
Vacancies and removal of the administrative law judge.
i.
Removal. Any judge may be removed for cause by the governing body upon written charges and after a public hearing, if a public hearing is requested by the governing body or the member being removed.
ii.
Vacancies. Upon the removal of a judge, as specified in this section, or the written resignation of any judge, the mayor shall pursue the selection of a new judge to fill the vacancy.
d.
Powers and duties. In accordance with U.C.A. § 10-9a-701, the administrative law judge shall be charged with the duties of the appeal authority to:
i.
Serve as the final arbiter of all issues involving the interpretation or application of land use ordinances;
ii.
Serve as the final arbiter of all issues involving requests for variances from the terms of the land use ordinances; and
iii.
Serve as the final arbiter of all issues involving appeals of land use authority decisions; and
iv.
May not hear appeals from subdivision improvement plans as provided for in U.C.A. § 10-9a-604.2.
e.
Organization and procedures.
i.
Meetings. The administrative law judge may hold meetings, as the appeal authority, according to U.C.A., Tit. 52, Ch. 4, Open and Public Meetings, and following proper notice as established in the Utah State Code. The administrative law judge may call special meetings as warranted following proper notice and in compliance with the open and public meetings requirements.
ii.
Judge required. The administrative law judge must be present in order to conduct any public meeting of the appeal authority or to hear items of business before the appeal authority.
iii.
Decision. The administrative law judge will listen to the facts presented and will base his/her decision upon his/her understanding of that information.
iv.
Rules of order. The administrative law judge may develop, adopt and maintain additional by-laws and/or rules of decorum and order to be followed during meetings of the appeal authority. All appeal authority hearings shall be conducted as quasi judicial proceedings and in accordance with U.C.A. § 10-9a-701 et seq.
v.
Evidence. Pursuant to U.C.A. § 10-9a-701, any adversely affected party being heard by the appeal authority shall be required to present to the appeal authority every theory of relief that they can raise in district court.
(Ord. 2015-04, 11/10/2015; Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)