9-3-105. PROTEST REVIEW PROCEDURE.
(1) When a tenant of a residential dwelling has received written formal notice of eviction without cause and without at least 90 days notice of conversion required above, and has reason to believe that notice was issued because of a proposed condominium project, he may, within 30 days of the date of the notice of eviction, initiate an appeal regarding the issue of property notice to the City Council on a form provided by the Community Development Department. The filing of such a protest shall stay the issuance of any approval or issuance of any permits for the structure in question for a period of not to exceed 30 days and the matter shall be set for hearing before the City Council. In such cases, approval shall not be stayed other than by order issued by the district court upon petition, notice and due cause being shown.
(2) Upon filing, a copy of the appeal form shall be forwarded to the West Valley City Housing Authority for relocation advice and assistance. Said agency shall, within 10 days, forward to the City Council a statement of its report and recommendation.
(3) Upon filing of an appeal, the Community Development Director shall institute an investigation to determine if the notice requirements set forth above were satisfied. He shall then report his findings to the City Council.
(4) The City Council shall fix a reasonable time for the hearing of the appeal, give due notice to the appellant and to the owner/developer of the condominium project, and shall, at said hearing, review said appeal together with agency and department reports, recommendations and related permit or subdivision applications, and shall decide the same within 30 days from the date of filing of the appeal.
(5) The City Council, with regard to the hearing of said appeals, may:
a. Enforce the attendance of witnesses, the production of books and papers, and administer oaths;
b. Direct municipal resources, if necessary, and appropriate to alleviate relocation hardships;
c. Hear and decide allegations of error in any order, requirement, decision or determination made by a municipal official in the performance of his duties as related to the above;
d. See that the laws and ordinances are faithfully executed and direct investigations accordingly;
e. Institute any appropriate actions or proceedings to prevent or punish persons from or for performing any act contrary to the Building and Zoning Ordinances of the City.
f. Impose reasonable conditions relating to the terms and conditions upon which the project will be approved which may include suspension of approval pending preparation and implementation of a reasonable relocation plan or services for tenants who have not been given proper notice, or denial of the application in which event the owner/developer may not reapply for 18 months from the date of denial.