Minutes 10/09/2007 - Laserfiche WebLink

Home Browse Search

October 9. 2007 Ayes: Heretick, Moody, Psi mas, D. Smith, R. Smith, Randall Nays: None 07 - 443 - Adoption of an ordinance amending the City Code to allow the City to seek injunctive relief for enforcement of non-local use permits. Vision Principle: Thriving Neighborhoods and a Sense of Community. Background: . This ordinance would amend the Portsmouth City Code to allow the City of Portsmouth to seek injunctive relief if there is a violation of a use permit, whether a local or a non-local use permit, where the violation results in material public harm within Portsmouth. Discussion: . The ordinance would apply to materially objectionable conditions within the City of Portsmouth, regardless of whether the person or business causing the objectionable conditions is within or outside of the City. . The ordinance would apply if there were a violation of a use permit, regardless of whether the use permit is issued by Portsmouth or by some other city. . The ordinance authorizes the City to seek injunctive relief against a violation. Financial Impact: . There will be no cost to the City. There may be an indirect financial benefit through the protection of community quality, yielding enhanced owner equity, higher assessed value, and increased real estate tax revenues. Staff Recommends: Adoption of the proposed ordinance. Vision Principle: Thriving Neighborhoods and a Sense of Community Next Steps Following Council Action: . City Clerk will update Portsmouth City Code by inclusion of this amendment. . City Manager and City Attorney will enforce if and as needed. Motion by Mr. R. Smith, and seconded by Mr. Moody, to adopt the following ordinance, and was adopted by the following vote: "ORDINANCE TO DEEM CERTAIN VIOLATIONS OF USE PERMITS TO BE PUBLIC NUISANCES." Ayes: Heretick, Moody, Psi mas, D. Smith, R. Smith, Randall Nays: None 07 - 444 - adoption of a resolution expressing absolute and unconditional opposition to the proposed ethanol refinery in Chesapeake. Vision Principle: Thriving Neighborhoods and a Sense of Community. Background: . On August 14, 2007, City Council adopted a prior resolution in conditional opposition to the proposed ethanol refinery. The present resolution expresses absolute and unconditional opposition. Discussion: . City Council's prior conditional opposition gave the developer an opportunity to provide legitimate information and evidence to show that the proposed refinery will do no harm to the public. . The developer has failed to provide any such information or evidence. . By this resolution, Council makes a factual finding and legislative conclusion that the proposed refinery will in fact cause harm to the public. . Based on this finding and conclusion, the resolution expresses absolute and unconditional opposition to the proposed refinery.