The URL can be used to link to this page

Home My WebLink About10594 ORDINANCE NO.10594 AN ORDINANCE AMENDING SECTION 1-5-3 OF CHAPTER 5 OF TITLE I OF THE PUEBLO MUNICIPAL CODE RELATING TO DEPARTMENTAL ORGANIZATION, ABOLISHING THE DEPARTMENT OF HOUSING, ESTABLISHING THE DIVISION OF HOUSING UNDER THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT AND AMENDING SUBSECTION 4-8-4(2) OF CHAPTER 8 OF TITLE IV AND SECTION 8-1-8 OF CHAPTER 1 OF TITLE VIII OF THE PUEBLO MUNICIPAL CODE TO MAKE CONSISTENT THEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 1-5-3 of Chapter 5 of Title I of the Pueblo Municipal Code is amended to read as follows: Sec. 1-5-3. Departmental organization; divisions. (a) The administra?ve service of the City shall be divided under the Mayor into the following departments and heads thereof, and may be divided into the following divisions: Department Head (1) Finance Director of Finance (2) City Clerk and Records City Clerk (3) Police Chief of Police a. Operations Bureau b. Support Services Bureau c. Investigation Division d. Crime Prevention Division e. Traffic Division f. Code Enforcement Division (4) Fire Fire Chief a. Fire-fighting Division b. Fire Prevention Division c. Communications Division d. Training Division (5) Public Works Director of Public Works a. Engineering Division b. Streets Maintenance Division c. Stormwater Utility Division d. Traffic Maintenance Division e. Public Building Maintenance Division f. Transportation Division g. Solid Waste Division (6) Parks and Recreation Director of Parks and Recreation a. Park Maintenance b. Recreation Division c. Swimming Pools Division d. Golf Course Division e. Cemeteries Division (7) Aviation Director of Aviation a. Airport Operation b. Property Management (8) Purchasing Director of Purchasing (9) Law City Attorney (10) Human Resources Director of Human Resources (11) Planning and Community Development Director of Planning and a. Land Use Division Community Development b. Transportation Planning Division c. CDBG/HOME/Housing Division (12) Information Technology Director of Information Technology \[(13) Department of Housing Director of Housing\] (b) The designation of divisions and the description of division functions as set forth in this Chapter shall not be deemed to limit a department head from reorganizing his or her department from time to time as circumstances may require. Any such reorganization shall be reported to the Mayor without unnecessary delay and shall become effective immediately upon regulation issued by the Mayor. (c) Reference to a department or department head in this Code by any title other than as set forth in this Section shall be construed to refer to the department or department head as set forth herein. SECTION 2. Subsection 4-8-4(2) of Chapter 8 of Title IV of the Pueblo Municipal Code is amended to read as follows: Sec. 4-8-4. Amendments to the I.P.M.C. The following Subsections of the I.P.M.C. are hereby amended to read as follows: . . . (2) Subsection 103.2 Appointment. The Mayor, Department of Planning and Community Development, the Building Official (as defined in Chapter 1 of this Title), Code Enforcement Officers designated under Chapter 5 of Title XVII, Pueblo Municipal Code as amended, the Fire Chief, the Police Chief and the Police Department's Police Support Technicians, the Health Officer, \[Director of Housing,\] and any of their designees shall each be deemed Code Officials for purposes of the I.P.M.C. The following Code Officials shall have responsibility for enforcement of the following Sections of the I.PM.C., but the Mayor may, from time to time, delegate or reassign responsibility to enforce any section of the I.P.M.C to any Code Official: a. Director of Planning and Community Development or designee thereof \[and its Code Enforcement Officers\]: Subsection 301.3, Section 303, Section 306, Section 308, and Section 302, except Subsection 302.5; b. Police Department and its Police Support Technicians Code Enforcement Officers: Section 301.3, Subsection 302.8, Section 303, Section 307.1, Section 308, and Section 302, except Subsection 302.5; c. Building Official: Section 304 and Section 606; and the following Sections, but only as to commercial buildings: Subsection 301.3, Subsection 307.1, Section 504, Section 505, Section 506, Section 507, Section 603, Section 604, Section 605, and Section 607. d. Fire Chief: Subsection 307.1; Section 701, Section 702, Section 703, and Section 704; e. Health Official: Subsection 301.3, Subsection 302.5, Section 308, Section 309; and f. \[Director of Housing\]Director of Planning and Community Development or designee thereof: the following Sections, but only as to residential buildings: Subsection 301.3, Section 305, Section 306, Subsection 307.1, Section 401, Section 402, Section 403, Section 404, Section 501, Section 502, Section 503, Section 504, Section 505, Section 506, Section 507, Section 601, Section 602, Section 603, Section 604, Section 605, and Section 607. SECTION 3. Section 8-1-8 of Chapter 1 of Title VIII of the Pueblo Municipal Code is amended to read as follows: Sec. 8-1-8. Emergency Housing Rehabilitation Program. (a) A special housing rehabilitation revolving fund to be designated Emergency Housing Rehabilitation Fund is hereby established. Appropriations to said Fund may be made by the City Council by resolution. Payments out of said Fund shall be made by the Director of Finance upon the written request of the Director of the Department of \[Housing and Citizen Services\] Planning and Community Development or designee thereof based upon applications for assistance submitted and approved in accordance with the provisions of this Section. (b) The owner of any owner-occupied residential building who qualifies under Subsection (c) of this Section shall be entitled to make application for emergency housing rehabilitation assistance within thirty (30) days after occurrence of a qualifying event. Applications shall be timely made to the Department of Planning and Community Development \[Housing and Citizen Services\] upon forms prepared by said Department. (c) The owner of an owner-occupied residential building may qualify and be eligible for emergency housing assistance if such owner either receives a Notice and Order under the International Property Maintenance Code, as adopted and amended by the Pueblo Municipal Code, as amended, ("I.P.M.C.") or, if the I.P.M.C. is not applicable, receives notice from a code official that the residential building fails to meet requirements of any other building codes or ordinances of the City. In such case, the owner may apply for housing rehabilitation assistance if the income and assets, excluding the value of the building in question, of such owner, or of a family the head of which or whose spouse is the owner, are within the limits prescribed for persons or families occupying public housing in the City financed pursuant to Chapter 8, Title 42 United States Code. The Department of \[Housing and Citizen Services\] Planning and Community Development shall certify all owner-applicants meet such qualifications. The department will prepare an estimate of the costs of repairs required to rehabilitate said building to meet the standards of the Housing Code. (d) The Director of the Department of \[Housing and Citizen Services\] Planning and Community Development or designee thereof shall consider all applications for emergency housing rehabilitation assistance and, subject to available appropriations, may approve any application meeting the program requirements. All grants of assistance shall be used only for repairs and rehabilitation of an owner-occupied residential building which will abate the conditions which make the building noncompliant with the I.P.M.C. or other building codes or ordinances. (e) The Department of \[Housing and Citizen Services\] Planning and Community Development shall not approve any application for assistance until after the Director of Finance shall certify in writing to the Director of the Department of \[Housing and Citizen Services\] Planning and Community Development that there are sufficient monies in the Emergency Housing Rehabilitation Fund for such grant of assistance and until after the Department of \[Housing and Citizen Services\] Planning and Community Development receives proof that the applicant-owner is the fee owner of said land and building. (f) The owner of any owner-occupied residential building who receives housing rehabilitation assistance shall enter into an agreement with the City, on forms to be approved by the City Attorney, to repay to the City such financial assistance based on existing loan formulas and criteria used within the Department of \[Housing and Citizen Services\] Planning and Community Development. Such repayment agreement shall be placed of record and shall become and remain a lien and encumbrance on the building and land upon which the building is located until paid in full. Said grant of assistance shall become due and payable immediately upon the transfer of title to said land and building by the owner, or, upon the death of the owner, unless title to said land and building shall pass to the spouse of or an issue of such owner who meets the qualification of Subsection (c) hereof, and the Department of \[Housing and Citizen Services\] Planning and Community Development shall certify the same in writing to the Director of Finance within sixty (60) days after the death of such owner. Failure of the surviving spouse or issue of the deceased owner to request and obtain such certification from the Director of the Department of \[Housing and Citizen Services\] Planning and Community Development or designee thereof within said sixty-day period shall conclusively constitute a waiver of all rights of such surviving spouse or issue to further defer repayment of the grant of assistance. (g) All repayments of rehabilitation grants of assistance shall be credited to the Emergency Housing Rehabilitation Fund. (h) Nothing contained in this Section shall obligate the City Council to appropriate funds to the Emergency Housing Rehabilitation Fund. SECTION 4. The officers and staff of the City are authorized to perform and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures within. SECTION 5. This Ordinance is subject to and conditioned upon City Council passage and approval of an ordinance submitted contemporaneously herewith and captioned “AN ORDINANCE AMENDING SECTION 1-5-3 OF CHAPTER 5 OF TITLE I OF THE PUEBLO MUNICIPAL CODE RELATING TO AND UPDATING DEPARTMENTAL ORGANIZATION TO REFLECT CURRENT DEPARTMENTAL ORGANIZATION AND DIRECTORS”. This Ordinance is further subject to and conditioned upon City Council passage and approval of an ordinance submitted contemporaneously herewith and captioned “AN ORDINANCE AMENDING THE FISCAL YEAR 2023 STAFFING ORDINANCE BY ADDING ONE (1) FULL-TIME CDBG/HOME & HOUSING ADMINISTRATOR POSITION TO THE AUTHORIZED STAFFING OF THE PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT AS PART OF A REORGANIZATION” (the “Staffing Ordinance”). Subject to such conditions, this Ordinance shall become effective on the date the CDBG/HOME & Housing Administrator position is filled as set forth in the Staffing Ordinance but not later than December 31, 2023. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 13, 2023. Final adoption of Ordinance by City Council on November 27, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on November 29, 2023 . ☐ 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 # R6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 27, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Nicholas Gradisar, Mayor Scott Hobson, Acting Director Planning and Community Development Bob Jagger, Acting City Attorney SUBJECT: AN ORDINANCE AMENDING SECTION 1-5-3 OF CHAPTER 5 OF TITLE I OF THE PUEBLO MUNICIPAL CODE RELATING TO DEPARTMENTAL ORGANIZATION, ABOLISHING THE DEPARTMENT OF HOUSING, ESTABLISHING THE DIVISION OF HOUSING UNDER THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT AND AMENDING SUBSECTION 4-8-4(2) OF CHAPTER 8 OF TITLE IV AND SECTION 8-1-8 OF CHAPTER 1 OF TITLE VIII OF THE PUEBLO MUNICIPAL CODE TO MAKE CONSISTENT THEREWITH SUMMARY: Attached for consideration are amendments to Section 1-5-3 of Chapter 5 of Title I, Section 4-8-4 of Chapter 8 of Title IV and Section 8-1-8 of Chapter 1 of Title VIII of the Pueblo Municipal Code relating to the reorganization of the Housing & Citizen Services Department with a change in department status to division status within the Planning & Community Development Department. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This ordinance would enact several changes to Pueblo Municipal Code for the purpose of abolishing the Housing & Citizen Services Department and establishing a new CDBG/HOME & Housing Division within the Planning & Community Development Department as part of a reorganization. By moving the Housing & Citizen Services Department under the Planning and Community Development Department as a division, the City and the citizens of the community will benefit from enhanced coordination in identifying potential infill multi-family residential development properties and determining the obstacles and costs of making these properties “housing development ready”. In many cases, potential housing sites require rezoning, subdivision, public infrastructure such as domestic water, wastewater, and stormwater improvements, along with roadway, sidewalk, ADA, and fire access improvements. These factors affect the timing and overall cost of constructing new housing units within the city. The integration of the departments will provide better coordination in implementing steps to make affordable and workforce housing project sites more competitive projects that can be chosen for CHAFA, CHAFA Multi-family Private Activity Bond financing, DOLA, Proposition 123 funding programs. The staff assigned to Housing & Citizen Services provide critical services for the coordination and implementation of CDBG and HOME funds that fund selective demolitions, mold remediation, roof replacement, accessibility modifications, and home repairs and retrofits. This important work will not change when this new division is created, but rather, will benefit from closer coordination on housing issues, which are a critical priority for the community. Additionally, the newly established CDBG/HOME/Housing Division will continue to coordinate with Pueblo County with the Community Services Advisory Commission (CSAC) and Citizens Advisory Commission, in recommending projects and program funding for non-profit agencies and service providers. Another key function that will continue within the division is the management of grant service contracts providing affordable housing financing, infrastructure improvements, and homeless prevention, substance abuse programs, victim’s assistance, youth recreation, daycare, and senior services. These will be a vital part of the integrated departments’ functions. Many of the Colorado Department of Local Affairs (DOLA) “Best Practices in Affordable Housing Development” identified in HB 21-1271 passed by the Colorado General Assembly in 2021 are interrelated between the Planning & Community Development and Housing & Citizen Services Departments. By integrating both departments, the coordinated implementation of best practices will be achieved. Working cooperatively, the planning and housing staff will be able to identify priority properties to be acquired by the City and placed in a land bank to move the properties into “housing development ready” status for multi-family housing development more efficiently and effectively. With the abolishment of the Housing & Citizen Services Department, all staff currently assigned to the department will move under the Planning & Community Development Department into the newly established CDBG/HOME & Housing Division. The only staffing change which will occur with this reorganization, beyond the general reassignment of positions will be the abolishment of the Director of Housing & Citizen Services position in the 2024 Staffing Ordinance, which will be preceded by the creation of a manager level position entitled CDBG/HOME & Housing Administrator which is being concurrently presented with these necessary code changes via separate ordinance. The changes to the sections of Pueblo Municipal Code listed in the title of this ordinance accomplish the abolishment of Housing & Citizen Services Department and the establishment of the CDBG/HOME & Housing Division under the Planning & Community Development Department. Specifically, the following sections of code require changes: Section 1-5-3 Abolishes the Housing & Citizen Services Department and creates the CDBG/HOME & Housing Division under the Planning & Community Development Department. Section 4-8-4 Provides certain authorities with respect to the International Property and Maintenance Code to the current director position in Housing. This authority will be transferred to the Director of Planning & Community Development or designee with the proposed changes. Section 8-1-8 Outlines rules and regulations governing the Emergency Housing Rehabilitation Program. The process for funding, and application, qualifications for the program and all authorities of approval and criteria for assistance which will be transferred by the code changes to the Planning & Community Development Director with such processes housed in the Planning & Community Development Department. FINANCIAL IMPLICATIONS: There is no cost associated with the reorganization as described herein or the code changes proposed. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: City Council could deny the Pueblo Municipal Code changes which would complicate the proposed reorganization to improve housing program management and would confuse the authorities related to delivering these important services for the community. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. ORDINANCE_PMC Changes and Housing Reorg_112023 (1)