Laserfiche WebLink
<br /> D. The city's discretion in the exercise of its powers depends on the nature of the <br />. power being exercised <br /> 1. Police power <br /> a. The power to protect the public health, safety and general welfare <br /> b. A broad power, as to which the City has broad discretion, within <br /> constitutional limits <br /> c. The city acts under its police power in the administration and <br /> 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 legislative <br /> power, subject to: <br /> 1. Constitutional limitations <br /> 2. Statutory authority <br /> c. The approval of comprehensive plans and the adoption and <br /> amendment of zoning ordinances are legislative acts <br />. 3. Administrative/ quasi-judicial powers <br /> a. The power to make specific decisions in applying the terms of <br /> adopted ordinances <br /> b. The amount of discretion in exercising quasi-judicial powers <br /> varies, depending on the ordinance being enforced <br /> Examples: <br /> Building code/building permit issues; little discretion <br /> Conditional use permits; more discretion <br /> E. The city must keep an adequate record of its proceedings <br /> <br />1. Judicial review is on the local record if the record is clear, complete and <br />the municipal proceeding was fair <br /> <br />2. The record should include all evidence and findings in support of the <br />City's decision <br /> <br />. <br /> <br />3. <br />