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HomeMy WebLinkAbout10059ORDINANCE NO. 10059 AN ORDINANCE AMENDING CHAPTER 9 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE CLARIFYING THE FEE FOR REGISTERING A VACANT PROPERTY AND CHANGING THE DEFINITION OF VACANT PROPERTY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 1 of Chapter 9 of Title IV of the Pueblo Municipal Code is hereby amended to read as follows: Section 4-9-1. – Definitions. As used in this Chapter, unless the context otherwise requires: . . . (11) Vacant means a building/structure that is not legally occupied for \[a period of ninety (90) or more continuous days or one hundred eighty (180) or more non- continuous days within the period of one (1) year.\] a total of thirty (30) days or more in any period of three hundred sixty-four (364) days. SECTION 2. Section 2 of Chapter 9 of Title IV of the Pueblo Municipal Code is hereby amended to read as follows: Section 4-9-2. – Registration. . . . (b) An annual registration fee shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1 of each year and must be received no later than January 31 of the year due. Registration fees will not be prorated. \[The annual registration fee shall be in an amount equal to the business license fee specified in Section 9-1-7 of this Code.\] SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance to implement policies and procedures described herein. SECTION 3. 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 November 8, 2021. Final adoption of Ordinance by City Council on November 22, 2021 . President of City Council Action by the Mayor: ☒ Approved on November 24, 2021 . □ 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 # S-13 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 8, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Kyle Aber, Assistant City Attorney SUBJECT: AN ORDINANCE AMENDING CHAPTER 9 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE CLARIFYING THE FEE FOR REGISTERING A VACANT PROPERTY AND CHANGING THE DEFINITION OF VACANT PROPERTY SUMMARY: This Ordinance deletes unnecessary language regarding the fee for registering a vacant property and changes the definition of “vacant.” PREVIOUS COUNCIL ACTION: On April 17, 2021, City Council approved Ordinance No. 9930 adding Chapter 9 to Title IV of the Pueblo Municipal Code generally referred to as the Vacant Property Registration Ordinance. BACKGROUND: Currently a vacant property is defined as a building/structure that is not legally occupied for a period of ninety (90) or more continuous days or one hundred eighty (180) or more non-continuous days within the period of one (1) year. During implementation of Chapter 9 City Council raised concerns that this definition may be over broad. This ordinance amends the definition of vacant to only include properties that have not been lawfully occupied for a total of 30 days or more in any twelve (12) consecutive months. This Ordinance also deletes some unnecessary language from Section 4-9-2(b) of the Municipal Code regarding the fee for registering a vacant property. The annual fee for registering a vacant property will still be $500 and the fee for failure to register a vacant property will remain at $500. FINANCIAL IMPLICATIONS: The City’s Finance Department will oversee registration of vacant buildings. The Code Enforcement officials of the Pueblo Police Department will be responsible for enforcement of the ordinance. The additional costs associated with registration and enforcement will be recovered through annual registration fees of $500 for each vacant building. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance STAKEHOLDER PROCESS: Not applicable to this Ordinance ALTERNATIVES: If this Ordinance does not pass Chapter 9 of Title IV will still be in effect as approved under Ordinance No. 9930. RECOMMENDATION: Passage of the Ordinance Attachments: Proposed Ordinance