404 Hearing Officer

1) Creation: The position of Appeals and Variances Hearing Officer (Hearing Officer) is created pursuant to the enabling authority granted by the municipal land use, development and management act, section 10-20-11 of the Utah Code Annotated. 2) Jurisdiction and Authority: The Hearing Officer shall have the following powers and duties in connection with the implementation of this title: a) Hear and decide appeals from any administrative decision made by the Planning and Zoning Commission pursuant to the procedures and standards set forth in this code; b) Authorize variances from the terms of this title pursuant to the procedures and standards set forth in Chapter 17, "Appeals and Variances", of this code; c) Hear and decide appeals from final determinations of fees paid by the applicant for any land use application. 3) Qualifications: The Hearing Officer shall be appointed by the Mayor with the advice of the Town Council. The Hearing Officer shall be appointed for a term of two (2) years and thereafter may be appointed for succeeding two-year terms. The Hearing Officer shall either be law trained or have significant experience with land use laws and the requirements and operations of administrative hearing processes. 4) Conflict of Interest: The Hearing Officer shall not participate in any appeal in which the Hearing Officer has a conflict of interest. If an appellant alleges that the Hearing Officer has a conflict of interest, and the Hearing Officer does not recuse himself/herself, the matter shall be brought before the Town Council which will make the final decision concerning the existence of a conflict and what remedies are necessary to mitigate the conflict. 5) Removal of the Hearing Officer: The Hearing Officer may be removed by the Mayor for violation of this title or any policies and procedures adopted by the Planning and Zoning Commission Chairman following receipt by the Mayor of a written complaint filed against the Hearing Officer. If requested by the Hearing Officer, the Mayor shall provide the Hearing Officer with a public meeting conducted by a different Hearing Officer appointed by the Mayor. 6) Employment Agreement: The Hearing Officer shall be an independent contractor; and will enter into a contract for service at the beginning of each appointed term. Terms for compensation and reimbursement will be determined and agreed upon in the contract. The terms and conditions of the contract shall be approved by the Town Council.