Ordinance No. __________, Series 2021
TITLE
AN ORDINANCE AMENDING ORDINANCE NO. 087, SERIES 2021 RELATING TO THE FISCAL YEAR 2021-22 OPERATING BUDGET FOR THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT BY APPROPRIATING $172,500 OF NON-RECURRING GENERAL FUND REVENUES FROM FISCAL YEAR 2020-2021 TO THE DEPARTMENT OF DEVELOP LOUISVILLE FOR ADDITIONAL STAFF AND RELATED EQUIPMENT TO HELP ENSURE COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND BINDING ELEMENTS.
BODY
SPONSORED BY: SPONSORSHIP WITHDRAWN
WHEREAS, Planning Commissioners, Planners, and Council Members put in countless hours working to come to final approval of development plans; and
WHEREAS, the Louisville Metro Code of Ordinances (“LMCO”) § 153.21 makes binding element violations a civil offense which may subject the violator to a civil fine and/or remedial orders of the Planning Commission; and
WHEREAS, the lack of follow through and oversight of development plans and binding elements can create lackadaisical adherence to approved plans; and
WHEREAS, LMCO § 153.22 grants the Planning Commission the authority to make findings and issue orders to remedy any violation of a binding element; and
WHEREAS, overwhelmed enforcement personnel within Planning and Design Services are faced with backlogs of cases that delay adherence and take valuable time away from other duties within the department; and
WHEREAS, Kentucky Revised Statute (“KRS”) § 100.403 defines a Land Use Enforcement Officer in a county with a consolidated local government as an officer authorized by the planning commission to enforce binding elements; and
WHEREAS, LMCO § 153.23 authorizes Land Use Enforcement Officers the ability to issue citations for binding elements but requires officers to personally observe or investigate violations; and
WHEREAS, LMCO § 153.23 mandates all citations be hand-delivered to the alleged violator; and
WHEREAS, KRS § 100.401 was adopted by the 2014 General Assembly to strengthen the enforcement of binding elements which have been approved by a consolidated local government; and
WHEREAS, on the job training for enforcement officers is an important aspect of their duties, the lack of formal training support from Louisville Metro Government leaves them at a distinct disadvantage when faced with the required, successful completion of their examination.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) AS FOLLOWS:
SECTION I: Part I., Revenues and Funding Sources, of Ordinance 087, Series 2021, is hereby amended as follows:
SECTION II: Part I., F. Chiefs of Louisville Forward, 2. Develop Louisville, of Ordinance No. 087, Series 2021, is hereby amended as follows:
2. DEVELOP LOUISVILLE
a. General Operations
(1) General Fund 14,047,300 14,219,800
(2) General Fund Carryforward 3,000
(3) Agency and Other Receipts 4,338,200
TOTAL - Develop Louisville 18,388,500 18,561,000
SECTION III: The Council has determined the funds requested in this Ordinance will be expended for a public purpose.
SECTION IV: The Ordinance shall take effect upon its passage and approval or otherwise becoming law.
|
_______________________________ Sonya Harward Metro Council Clerk |
_____________________________ David James President of the Council |
|
_______________________________ Greg Fischer Mayor |
_____________________________ Approved Date |
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
BY: ____________________________
O-641-21 - FY22 Non-Recurring General Fund Appropriation to Dev Lou - OMB-hh.docx