Laserfiche WebLink
• i. Cannot provide for automatic extension on <br /> application form <br /> c. State laws have been strictly applied against cities by the <br /> courts. <br /> i. Strict compliance is necessary. <br /> d. Extensions. <br /> i. Tollefson case. <br /> D. The city's discretion in the exercise of its powers depends on the nature of <br /> the power being exercised. <br /> 1. Police power <br /> a. The power to protect the public health, safety and general <br /> welfare. <br /> b. A broad power, as to which the City has broad discretion, <br /> within constitutional limits. <br /> c. The city acts under its police power in the administration <br /> and enforcement of zoning and subdivision ordinances. <br /> 2. Legislative power <br /> a. The power to adopt ordinances. <br /> b. The city has broad discretion in the exercise of its <br /> legislative power, subject to: <br /> • 1. Constitutional limitations <br /> ii. Statutory authority <br /> c. The approval of comprehensive plans and the adoption and <br /> amendment of zoning ordinances are legislative acts. Some <br /> cases say that actions on variances are also legislative. <br /> 3. Administrative/quasi-judicial powers <br /> a. The power to make specific decisions in applying the terms <br /> of adopted ordinances. <br /> b. The amount of discretion in exercising quasi-judicial <br /> powers varies, depending on the ordinance being enforced. <br /> Examples: <br /> Building code/building permit issues; little discretion. <br /> Conditional use permits;more discretion. <br /> Variances; more discretion. <br /> E. The city must keep an adequate record of its proceedings. <br /> 1. Judicial review is on the local record if the record is clear, <br /> complete and the municipal proceeding was fair. <br /> 110 <br /> 3 <br />