Minutes 03/28/1978 - Laserfiche WebLink

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390 .March 2~-~ lq78 Ayes: Barnes, Early, Elliott, Holley, Oast, Wentz, Nays: None 78-108 "Submission of a report from the City Treasurer on delinquent personal property taxes for Fiscal Year 1976-77. Enclosed with this report is an analysis and comparison with this hear of delinquent p~rsonal property tax for your informatinn. A listing is available in the City Clerk's Office I recommend that this report be forwarded to the Delinquent Tax Collector for his use in pur- suing the collection of the delinquent accounts." Motion of Mr. Early and seconded by Mr. Elliott, the report to and to be forwarded to the Delinquent Tax Collector, as recommended, vote. be received as information was adopted by unanimous 78-109 "Consideration of a mot~Qn authorizing the City Assessor to abate and the City Treasurer to re~ with ~nterest $42.20 of real estate taxes. This refund is due to the demolition of out buildings which was not duly noted on the transfer of sale when the property changing hands. The refund is for property located at 1704 A Street, Map 60, Parcel 190. The City Manager recommends adoption." Motion of Mr. Early and seconded by Mr. Oast, that authorization be granted $42.20, plus interest, for property located at 1704 A Street, and was adopted by vote. to refund unanimous 78-110 "Submission of a report from the City Attorney on steps and procedures required in the enforcement of use permits and zoning violations." City Attorney's report: ,,I am informed that the Council requested a step by step procedure for the enforcement z~-~iet~tions. I advise that there are two procedures which may be utilized. First, under authority of Section 15.1-491(c) and (d), Code of Virginia, 1950, as amended, the City of Portsmouth is authorized to issue special use permits. The Zoning Administrator shall have all necessary authority to administer and enforce the Zoning Ordinance "including injunction, abatement, or other appropriate action or proceeding". The mandate of a use permit is entirely in the discretion of the legislative body and can be revoked by ordinance at any time. Chesterfield Civic Association v. Board of Zoning Appeals~, 215 ¥a~.599 (1974). Accordingly, the City Council may by ordinance withdraw a use permit and enforce same by injunctive relief. The second enforcement procedure is It is more cumbersome .~n~..%ime consuming. forth. the normal procedure utilized by the Zoning Officer. Such step by step procedure is hereinafter set 1. An alleged ~i~lation lis no~d either by a complaint received or through a systematic or random inspection by a City employee. 2. An inspection is made and an evaluation is made of the facts discovered. 3. Upon determination of violation, contract is made by the investigator with the proper~ owner or occupant, in writing, advising of the violation and giving the property owner or occupant a certain period of time in which to comply with the Code. ~4. Reinspection is made after the expiration of the "Grace Period". 5. Referral to the City Attorney for prosecution is made by the investigator by detailin his findings and contract and a request for summons form is prepared. Review of referral information by the City Attorney's office, confering with the investigator when necessary, often to decide on subpoenaing as witnesses occupants of the neighborhood, who then must be contacted for evaluation as to their knowledge of the situation and willingness to testify (this contact is done by the City Attorne office). Docketing the summons for court; it has become necessary to select a day three to four weeks after the referral to allow the police department's warrant bureau time to serve the summons. The court meets every other Wednesday afternoon at 2:00 p.m. o'clock. The investigator is advised of the court date by the City Attorney's office and by service upon him of a witness subpoena. When no service ~s made on the defendant we must inquire as to why. The investigator must reinspect on the day of the court hearing where possible or day before court to monitor progress toward compliance. 10. Photographs must be taken by the investigator where same would assist in prosecution. !1. The investigator and the assistant City Attorney confer either on the day befdre or the day of court as to the status of the matter. 12. Where service is not obtained upon the defendant and the violations still exist, we must request a reissue of the summons with a repeat of steps 7 and 8 and after service steps 9, tO and 11.