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THE ZONIMG REPORT Page Four borne by the appellafit. In cases of asserted indigency by an indivf, dual, [fees and costs can be waived when indig~ncy is proven] . . . "Sec. 115: Interpretations: In the event that the Hearing Officer,' in making a decision, makes an interpretation of the Zoning Code or the Comprehensive ~lan which is different from the interpretati(~n made by the Planning Department, the Direr_tot of Planning may ap- peal that interpret.~tion to the Colorado Springs City Council; !provided, however, that said appeal of the interpretation of the Hear- ing Officer shah noti in any way affect the right of the appliear{t or any other party in interest to appeal th~ decision of the Hearing Officer to the City C~)uneil. In the event that the City Council reverses the interpretation of the Hearing Officer, ~ither by resolution or by ordinance, then the I~earing Officer, in all fu- ture matters involvirf~ that same provision of [the zoning code] orr the Comprehensive Plan, shall be bound by the City Council interpreta- tion until changed bYi the City Council, either by ordinance or by re~olution. "Sec. 116: Enforcement: Any decision by the Hearing Officer w'hich is not appealed within the 10 da.,,, period, orI any final decision of the City Council on appeal from the Hearing Offi- cer shall be enforce_able_ through abatement proceedings, or a civil action initiated in Dis- trict Court. The remedies of the City shall be cumulative. . "Sec. 117: Refusal ~to Comply with Decision: The refusal of the applicant or any person sub- ject to a notice and ~rder asserting a violation of the Zoning Code rio comply with a final de- cision of the Hearir decision of the City the Hearing Officer d "Sec. 118: Rules a~ in§ Officer may ado~ tions of procedure ~g Officer, or of a final Council after appeal of ecision, shall be unlawful. ~d Regulations: The Hear- ~t such rules and regula- Mch are necessary for the conduct of the heari~ngs before her. . . The Hearing Officer shall~decide all ]~oints of order or pro~cedure and sh~] maintain order and to that end may order l_the removal of disorder}.y or disruptive personsl" "..." [Color~d0 S~rings CO] Excerpts from two hearing examiner provisions "Sec. 20.40.200: Hearing Examiner "Sec. .210 Purpose. is to provide an administrative land use regulatory system which will best satisfy the following basic needs: "1. The need to separate the City's land use regulatory function from its land use planning function; "2. The need to ensure and expand the prin- ciD}es of fairness and due process in public hearings; and "3. The need to provide an efficient and ef- fective land use regulatory system which inte- grates the public hearing and decision-making processes for land use matters. "Sec..220 'Office of Hearing Examiner. The Hearing Examiner shall exercise the authority of the Hearing Body, designated in the Belle- vue Land Use Code and Bellevue City Code for the land use matters set forth in Sec. .250. Hearings he}d by the Hearing Examiner shall constitute the hearings required by state law for such land use matters. "Sec.' .230. Appointment. The Examiner shall be appointed by the City Manager. The Examiner shall hold no other appointive or elective public office or position in the City Government except as herein provided. "Sec..235 Appointment of Hearing Examiners Pro Tempore. The City Manager may appoint one or more Hearing Examiners Pro Tempore to act in the absence of the regular Bearing Ex- aminer. Such appointment shall be from quali- fied applicants to be recommended by the Hearing Examiner. Hearing Examiners Pro Tern- pore when acting in such capacity, shall have all powers and duties of the Hearing Examiner as prescribed in this [zoning] Code or else- where. "Sec. .240 Hearing Examiner - Conflict of Interest and Freedom from Improper influence. The Examiner shall not conduct or participate in any hearing or decision in which the Exam- iner has a direct or substantial financial inter- est. January 21, 1994 issue