Minutes 09/09/1975 - Laserfiche WebLink

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194 September 9, 1975 to serve two residential properties at a cost $4,868. ~t has been the police of the City to extend sanitary sewers on streets in residential areas that existed at the time of annexation. This appropriationeis aq.~ontinuation of this polic~. The Cit~ Manager ~ecommends adoption on first.caromS. ~ On motinn of-~Mr~., Barnes and seconded by Mr. Early, the following ordinance was approved on first reading, and by unanimous vote: "AN ORDINANCE TO APPROPRIATE $15,425 FROM THE CAPITAL IMPROVEMENT FUND FOR EXTENSION OF THE SANITARY SEWER ON AIRLINE BOULEVARD AND ON GLOUCESTER AVENUE." 75-374 "Consideration of an ordinance repealing Sections 6~43, 6~44 and 6~45 of the City Code pertaining to closure of vacant or unoccupied buildings and registration, permits and fees. A letter of explanation on the above and following ordinanc~-is-s~mitted~by the City Attorney. Upon completion of the report, the City Manager recommends adoption." City Attorney's letter "On August 22, 1975, the Honorable Robert F._McMurran, Judge of the Circuit Court of the City of Portsmouth held in the case of Hargood Properties, inc. ~. City of Portsmouth, et al, that Section 6-45, Code of the City of Portsmouth, 1973 was invalid. Said Section 6-45 required a $20~00~p~r~onth permit fee [or all vacant buildings regardless of ~hether the' City inspected such vacant building or not. I HAVE REVIEWED THE Judge's opinion and recommend to you that no appeal be taken in this matter. Furthermore, it is my recommendation that said Section 6-45 be amended to provide for an initial inspection and a fee therefor. Such fee will be a one time assessment unless there occurs a change of condition requiring £urther inspection. Each time the City is re- quired to inspect, a fee shall be assessed to pay the cost o~ such inspection. In addition, the fee for inspection has been reduced to reflect the cost of the City of administering Article III, Chapter 6 of the City Code pertaining to vacant buildings. It is necessary that Section 6-43 and 6-44 of the City Code be amended to implement the proposed fee schedules. Finally, it is my recommendation that a procedure for repayment of permit fees be imple- mented to those persons who have paid the permit fee which Judge MeMurran ruled to be void. To make each citizen sue for repayment is not either fair or practical to the citizensor the City. I shall work with the City Manager to develop a procedure and such procedure will be released to the public in the very near future." Motion of Mr. We.m~z. and seconded by Mr. Elliott, that Item 75-374 be withdram~, at the request of the City Attorney, was adopted by unanimous vote. 75-375 "Consideration of an ordinance amending the City Code by adopting sections per- taining to clo-sure of vacant or unoccupied buildings, registration, permits and f6es. ' On mo~on of Mr. Early and seconded ~y Mr. Barnes, the following ordinance was adopted on first and final reading, and by the following vote: "AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973, BY AMENDING SECTION$~6~43, 6-44 ~nd 6-45 THEREOF, PERTAINING TO CLOSUR~ OF VACANT OR UNOCCUPIED BUILDINGS AND REGISTRATION AND PERMITS THEREFOR." Ayes: Barnes, Early, Elliott, ~eh~ Davis Nays: Holley 75-376 " ' - Consideration of an ordinance repealing Chapter 10 of the City Code pertaining to Electricity. Letter from the City Attorney in regard to the above and following 3 ordinances out- lining changes required by the State law for the adoption of the new BOCA Code, effective September 1, ~975. Upon'-completion of the report, the City Manager rec~mm~nd~ adoption." City Attorney's letter "On September 1, 1975, the Uniform Statewide Building Code became effective. This statute is designed~o ~'~ke uniform building requirements throughout the State. The State has chosen to adopt the atandards of the Building Officials Conference of America. (BOCA) ~dcor~ingly~ a~e~dm~nts to the Portsmouth City Code are required to conform wit~ BOCA Code. ~he repeal of the following parts of the Git)- Code are required: Section 6-1 through 6-7; Section 6-24 pertaining to buildings. Entirety of Chapter 10 pertaining to electricity. Entire~y of Chapter 27 pertaining to plumbing. In addition, it is necessary that Council re-amend and re-ordain Article I of Chapter 6 of the City Code which will adopt by reference BOCA'S Building, Electric and Plumbing Codes; new £ee schedule and ~r£umher of other miscellaneous adminimtrative matters." a