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HomeMy WebLinkAbout07268"AS AMENDED" 1 -24 -2005 ORDINANCE NO. 7268 AN ORDINANCE AMENDING CHAPTER 14 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO HISTORIC PRESERVATION, PROVIDING FOR REVIEW BY THE CITY COUNCIL, WAIVER AND VARIANCES WITH RESPECT TO CITY OWNED PROPERTY, AND PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1. Section 17 of Chapter 14, Title IV of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4- 14 -17. Review and Appeals (a) Any Owner adversely affected by a final decision of HPC with respect to an application for a Certificate of Appropriateness, Demolition Permit,or Certificate of Hardship may seek review by the City Council of such decision by filing with the City Clerk within twenty (20) days after the date of the decision of HPC a written request for review specifying in detail the provisions of the HPC's written findings and decision the owner asserts are arbitrary or capricious or beyond the jurisdiction of HPC, and the grounds and reasons in support thereof, together with a copy of HPC's written findings and decision. The City Council shall conduct a hearing on review limited to the provisions asserted to be arbitrary or capricious or beyond the jurisdiction of HPC, and the grounds and reasons in support thereof specified in the request for review. The Owner and HPC shall be given written notice of the date, time and place of the hearing on review at least ten (10) days prior to the date of the hearing. Notice to the owner shall be given by first -class mail, postage prepaid, at the owner's address as shown in the records of HPC. No other notice need be given for such hearing. The City Council shall sustain the decision of HPC if it finds that HPC did not exceed its jurisdiction or act in an arbitrary or capricious manner. If the City Council finds that HPC exceeded its jurisdiction or acted in an arbitrary or capricious manner, the City Council shall return the matter back to the HPC for redetermination consistent with the City Council's written findings. The hearing on review shall be conducted as near as practicable in accordance with the procedures set forth in Chapter 7 of Title I of this Code. The decision of HPC shall be stayed pending review by the Citv Council. Any Owner or other interested person adversely affected by a final decision of HPC, by a decision of HPC sustained by City Council, or by a decision of HPC on redetermination as provided in (a) above, with respect to an application for a Certificate of Appropriateness, [an application for a] Demolition Permit, or [an application for a] Certificate of Economic Hardship may seek judicial review by the District Court, Pueblo County, Colorado, in the manner provided in Rule 106(a)(4), C.R.C.P. A complaint seeking such review shall be filed in said District Court not later than thirty (30) days after the date of the final decision of HPC if a timely request for review by the City Council has not been filed with the City Clerk as provided in (a) above; or, if such request for review has been timely filed, not later than thirty (30) days after the date City Council sustains the decision of HPC. or the date of the decision of HPC on redetermination. whichever occurs first. .q F (T InN 9 Any person who violates any provision of this Ordinance or Chapter 14 of Title IV of the Pueblo Municipal Code as amended hereby shall be punished as provided in Section 4 -14 -18 of the Pueblo Municipal Code. .qFrTInN If any provision of this Ordinance is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the other provisions of this Ordinance. .qFrTInN d This Ordinance shall become effective upon final approval and passage. M APPROVED: zz'�'Y s INTRODUCED January 10, 2005 Michael Occhiato Councilperson PASSED AND APPROVED January 24, 2005 D 0 tt ED ° Background Paper for Proposed ORDINANCE A o I I I X • S AGENDA ITEM # 2 2 DATE: January 24, 2005 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING CHAPTER 14 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO HISTORIC PRESERVATION, PROVIDING FOR REVIEW BY THE CITY COUNCIL, WAIVER AND VARIANCES WITH RESPECT TO CITY OWNED PROPERTY, AND PENALTIES FOR VIOLATION THEREOF ISSUE Shall the City Council approve the Ordinance? RECOMMENDATION Approve the Ordinance. BACKGROUND City Council adopted the Historic Preservation Code ( "HPC) and appointed the Historic Preservation Commission ( "Commission ") to administer the HPC. The ordinance retains City Council discretion and authority over City property and permits the City Council after notice and public hearing to grant a variance from or waive the provisions of the HPC with respect to any Historic Landmark or element within a Historic District owned by the City. The ordinance also allows a property owner to request a limited review by the City Council of a decision of the Commission which adversely affects the property owner before filing any action in the district court. If the property owner establishes that the Commission exceeded its jurisdiction or acted in an arbitrary and capricious manner, the City Council will return the matter back to the Commission for redetermination. FINANCIAL IMPACT None.