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HomeMy WebLinkAbout09502ORDINANCE NO. 9502 AN ORDINANCE AMENDING OF TITLE VII OF THE CHAPTER 8 PUEBLO MUNICIPAL CODE CONCERNING NOTICE OF HEARING AND PROTEST DEADLINES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 7-8-2 of Chapter 8, Title 7, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 7-8-2. Notice of Hearing Upon receipt of the report, the City Clerk shall present it to City Council for consideration. City Council shall fix a time, date and place for a hearing at which any protests or objections to the report may be heard. The City Clerk shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation within the City, and served by certified mail, postage prepaid addressed to the owner of the property as the owner's name and address appears on the last assessment roll of the county, if such so appears, or as known \[\] fifteen (15) to the City Clerk. Such notice shall be given at least ten (10) days prior to the date set for the hearing and shall specify the day, hour and place when the hearing shall be held and when City Council shall pass upon the City's report and the recommendations of the Hearings Officer relating to any objections or protests which may be filed as herein after provided by any person interested in or affected by the proposed charge. SECTION 2. Section 7-8-3 of Chapter 8, Title 7, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 7-8-3. Protests and Objections Any person interested in or affected by the proposed charge may file written protests or \[\] seven days objections with the City Clerk no later than forty-eight (48) hours prior to the time set for the hearing on the report. Each such protest or objection must be in writing, contain a description of the property in which the signer thereof is interested, a description of the signer's interest in the property, and the grounds for such protest or objection. The City Clerk shall endorse on every such protest or objection the date of receipt. The City Clerk shall present such protests \[ or objections to the Hearings Officer. No protests or objections will be accepted later than forty- \] th close of business on the seventh (7) day eight (48) hours prior to the hearing. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 8, 2019 . Final adoption of Ordinance by City Council on July 22, 2019 . President of City Council Action by the Mayor: ☒ Approved on July 25, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 8, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Lisa Macchietto, Assistant City Attorney AN ORDINANCE AMENDING OF TITLE VII OF THE PUEBLO SUBJECT: CHAPTER 8 MUNICIPAL CODE CONCERNING NOTICE OF HEARING AND PROTEST DEADLINES SUMMARY: Attached is an Ordinance that amends the notice of hearing and protest filing deadlines for Chapter 8 of Title VII of the Pueblo Municipal Code. This section of the code regulates the assessment and certification of litter and weed abatement liens to the Pueblo County Treasurer’s office for inclusion on the tax rolls and collection in the same manner as general property taxes. PREVIOUS COUNCIL ACTION: Council approved Ordinance No. 8917 on September 14, 2015 which created Chapter 8 of Title VII of the code and established assessment and certification of liens as a means for collecting monies due from weed and litter abatements the City has performed on privately owned properties. BACKGROUND: The City is requesting a change to the deadlines to expand the time between the protest filing deadline and the hearing date. Currently, protests are due only forty-eight (48) hours before the hearing. This change will expand the deadline to seven (7) days prior to the hearing to allow City staff additional time to review the protests and prepare for hearing. This process has been in place for several years now and it is the general experience of City staff that most citizens wait until the last day to file a protest, resulting in a need for City staff to rush to prepare the majority of protests received for hearing. This change will ensure that City staff has adequate time to review and respond to or prepare protests before the hearing date. To accommodate the expansion of time between the protest filing deadline and the hearing date, the deadline for notice has been likewise increased. FINANCIAL IMPLICATIONS: The change may aid the City in collecting the outstanding lien amounts. It will eliminate the need for City staff to work overtime to prepare protests for hearing. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Members of the public are the primary stakeholders affected by the proposed Ordinance revision. ALTERNATIVES: Council can vote not to approve the proposed Ordinance. RECOMMENDATION: Approval of this Ordinance. Attachments: None.