ORDINANCE NO. __________, SERIES 2021
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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.
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SPONSORED BY: SPONSORSHIP WITHDRAWN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 A...
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