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HomeMy WebLinkAboutOrdinance 6840 Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6840 File Number: 2025-62 ORDINANCE § 155.03 & 155.06 (CHAPTER 155 - APPEALS AMENDMENTS): AN ORDINANCE TO AMEND § 155.06 APPEALS FROM STAFF INTERPRETATIONS AND ACTIONS (A) APPEALS TO CITY COUNCIL TO ADD (3) STORMWATER MANAGEMENT UTILITY FEE DECISION AND TO AMEND § 155.03 STAY OF THE UNIFIED DEVELOPMENT CODE WHEREAS, the City Council has enacted Chapter 52 Stormwater Management Utility Fee into the Fayetteville Code which provides for a customer’s right to appeal the original fee to the City Engineer and further to the City Council; and WHEREAS, Chapter 155 Appeals needs to be amended to apply the proper procedural rules for these appeals; and WHEREAS, § 155.03 Stay needs to be amended to provide a stay during the city appeal process of a Stormwater Management Utility Fee so that the fee will not be collected until the final administrative decision is made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06 Appeals from Staff Interpretations and Actions, (A) Appeals to City Council by enacting a new subsection (3) as follows: “§ 155.06 (A)(3) Stormwater Management Utility Fee Decision. If an appealing property owner or customer disagrees with the City Engineer’s decision regarding their appeal concerning the application, assessment, legality, or constitutionality of the Stormwater Management Utility Fee to their property, that property owner or customer may appeal the City Engineer’s decision to the City Council.” Section 2: That the City Council of the City of Fayetteville, Arkansas amends § 155.03 Stay of the Unified Development Code by repealing it in its entirety and enacting a replacement § 155.03 as follows: “§ 155.03 Stay (A) An appeal shall stay all city proceedings in furtherance of the action appealed from unless the person in charge of administration of the chapter certifies that a stay would in their opinion cause imminent peril to life or property. (B) An appeal against the amount, legality or constitutionality of the application and assessment of the Stormwater Management Utility Fee to the City Engineer and City Council shall stay the enforcement and collection of the Stormwater Management Utility Fee (all other fees are unaffected) until the final decision by the City Engineer, or