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HomeMy WebLinkAbout07796ORDINANCE NO. 7796 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII AND CHAPTER 2 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO CONVERSIONS INTO A RESIDENTIAL COMMON INTEREST COMMUNITY, SUBJECTING SUCH CONVERSIONS TO SUBDIVISION AND BUILDING CODE REQUIREMENTS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1 Subparagraph 1 of paragraph a. of subsection (13) of Section 12 -4 -3 of Chapter 4, Title XII of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 12 -4 -3. Definitions. follows: For the purpose of this Chapter, certain terms and words are herewith defined as (13) Subdivision: a. The term subdivision includes: 1. The division, subdivision or resubdivision of any lot, tract or parcel of land located wholly or partly within the corporate limits of the City into two (2) or more lots, plats, sites, parcels, separate interests or interests in common, or other division of land for the purpose, whether immediate or future, of sale or development; or the use of land or the conversion of a building or structure for [condominiums,] apartments or other multiple - dwelling or office units unless such land, building or structure is included in an approved subdivision and is within a zone district that authorizes the same or greater density; provided, however, that conversion of any building or structure into a residential common interest com- munity, including condominiums, cooperatives and townhomes, shall constitute a subdivision for purposes of this Chapter. SECTION 2 Chapter 1 of Title IV of the Pueblo Municipal Code, as amended, is hereby amended by addition of a new Section 4 -1 -27 thereto, to read as follows: Sec. 4 -1 -27. Common interest community conversions. Notwithstanding anything in this Title IV or in any major or secondary code adopted in this Title by reference, the conversion of any building or structure into a residential common interest community, including condo - miniums, cooperatives and townhomes, shall be treated as a change of occupancy. Before any temporary or regular certificate of occupancy for any newly converted common interest community unit may be issued, the Building Official shall require that the building and the converted unit be made to substantially conform to the requirements of all major and secondary codes adopted in this Title. Additionally, before a certificate of occupancy may be issued, the building and each unit shall each be inspected by the Fire Chief or by a member of the Division of Fire Prevention of the Fire Department and be determined to substantially comply with the Fire Code. SECTION 3_ Council finds and determines that the provisions of this Ordinance are necessary for the public health, welfare and safety. Specifically, Council finds that the conversion of older apartment buildings and hotels in the City presents greater risk to the public when units in such buildings are converted and sold into common interest community units, such as individual condominium ownerships, without being made to comply with modern building codes. Changes to such codes have been made to account for changes in lifestyles that have occurred over time which place greater demands upon buildings, especially electrical systems and fire protection devices. Council also recognizes that older buildings may contain systems which, due to age, lack of maintenance, or simply normal wear and tear, present additional hazards to the public which should be detected, repaired and otherwise brought to code. Also, Council notes that buyers of condominium conversion units see new paint and appliances and assume or are led to believe that the units are like "new" and comply with current codes; the requirements of this Ordinance are thus needed both to enhance public safety and so that the public's expectations are reasonably met. This Ordinance is a reasonable regulation designed to address all of the foregoing concerns, and subjects condominium conversions of older apartment buildings and hotels to the same standards which apply to conversion of warehouses and industrial buildings into residential condominiums. SECTION 4 Violations of Chapter 4 of Title XII of the Pueblo Municipal Code, as amended by this Ordinance, shall be unlawful and punishable as provided in Sections 12 -4 -4 and 1 -2 -1 of the Pueblo Municipal Code. Violations of Chapter 1 of Title IV of the Pueblo Municipal Code, as amended by this Ordinance, shall be unlawful and punishable as provided in Sections 4 -2 -5 and 1- 2-1 of the Pueblo Municipal Code. SECTION 5 This Ordinance shall become effective thirty (30) days after final passage and approval. INTRODUCED April 28, 2008 PASSED AND APPROVED: May 12, 2008 [PD3 ED Background Paper for Proposed ORDINANCE AGENDA ITEM # f' 3v DATE: APRIL 28, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII AND CHAPTER 2 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO CONVERSIONS INTO A RESIDENTIAL COMMON INTEREST COMMUNITY, SUBJECTING SUCH CONVERSIONS TO SUBDIVISION AND BUILDING CODE REQUIREMENTS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should the City Council amend Chapter 4 of Title XII and Chapter 2 of Title IV of the Pueblo Municipal Code relating to condominium conversions, subjecting such conversion to subdivision and building code requirements and providing penalties for the violation thereof? RECOMMENDATION The Planning and Zoning Commission, at their September 12, 2007 Regular Meeting, voted 7 -0 to recommend approval. BACKGROUND Members of the community have voiced concerns to City staff that older, and possibly substandard, apartment buildings within the City may be converted to condominiums and then sold to multiple owners. If this is accomplished without the buildings and units being brought up to code, the change of use could pose safety issues, and buyers may be misled into believing that the units have been made code compliant. Additionally, conversions should be reviewed to ensure that requirements for access, parking, etc. are adequate. FINANCIAL IMPACT None.