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Home My WebLink AboutOrdinance 5260 ORDINANCE NO. 5260 AN ORDINANCE TO AMEND ARTICLE XI ENVIRONMENTAL CONCERNS COMMITTEE OF TITLE III OF THE CODE OF FAYETTEVILLE TO RENAME IT ENVIRONMENTAL ACTION COMMITTEE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Article XI Environmental Concerns Committee of Title III of the Code of Fayetteville to rename it Environmental Action Committee and to replace all references to "Environmental Concerns Committee" with the new name: "Environmental Action Committee" throughout Article XI of Title III of the Fayetteville Code. `�eeeee n►►►°/Py, �RkC/TRo.,o e G ° � PASSED and APPROVED this 21St day of July, 2009. �� a�P a FAYETTEVILLE m e a a� APPROVED: ATTEST: 15W ANSq� `,� p�oil A AB ►tie` ti By: By: L ONELD J AN, Mayor SO DRA E. SMITH, City Clerk/Treasurer City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/21/2009 City Council Meeting Date Agenda Items Only John Coleman Sustainability Submitted By Division Department Action Required: Approve amendment of ordinance#4462 to change name of Environmental Concerns Committee to Environmental Action Committee. Cost of this request Category 1 Project Budget Program Category/Project Name Account Number Funds Used to Date Program 1 Project Category dame Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached (00/o Previous Ordinance or Resolution# Department Director Date r Original Contract Date: (WZVQI Original Contract Number: ity Attorney Date Finance6d Internal Services Director Received in City EIrd-T_£I�ZFD Clerk's Office 23 vii of St Dae El Received in Mayor's Office a r Date Comments: Revised January 15,2009 Taye 1. le ARKANSAS 113 W.Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8272 Telecommunications Device CORRESPONDENCE for Deaf'(479)521-1316 TO: Kit Williams, City Attorney FROM: John Coleman, Sustainability Director DATE: May 22, 2009 SUBJECT: Name Change- Environmental Action Committee The Environmental Concerns Committee is seeking to become more active in the Fayetteville community through aggressive education programs and greater input on policy decisions related to the local environment. These efforts come in the form of a new watershed education program that began June 171. The program will consist of monthly luncheons targeting 50 residents of the Fayetteville community. The luncheons will be led by local watershed experts and focus on the economic benefits of watershed protection. Committee members are also seeking to improve dialogue between:themselves and elected officials in order to become a sounding board on important environmental issues pertaining to the Fayetteville community. With this in mind, the Committee voted to amend ordinance#4462 to change the name from Environmental Concerns Committee to Environmental Action Committee. ORDINANCE NO. AN ORDINANCE TO AMEND ARTICLE XI ENVIRONMENTAL CONCERNS COMMITTEE OF TITLE III OF THE CODE OF FAYETTEVILLE TO RENAME IT ENVIRONMENTAL ACTION COMMITTEE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby amends Article XI Environmental Concerns Committee of Title III of the Code of Fayetteville to rename it Environmental Action Committee and to replace all references to "Environmental Concerns Committee" with the new name: "Environmental Action Committee" throughout Article XI of Title III of the Fayetteville Code. PASSED and APPROVED this 21St day of July, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor City Council FROM: Kit Williams, City Attorne DATE: June 24, 2009 RE: Environmental Concerns Committee renaming Attached is Article Xl Environmental Concerns Committee with all of the places noted that will be changed to "Environmental Action Committee" if the proposed ordinance is adopted. FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION by neglect because it is to other applicable laws. A decision shall be deteriorating, or if its condition is made by the Commission concerning the stop contributing to deterioration, the work order within five(5)business days. Director of Long Range Planning shall state in writing the findings of (B) Any person who violates any of the provisions of fact in support of such this Ordinance shall be guilty of a misdemeanor, determination and shall issue and and upon conviction thereof shall be fined ten cause to be served upon the owner dollars ($10) to five hundred dollars ($500) per and/or other parties in interest day after a 30-day period in which the person therein an order to repair within a may correct the violation, in accordance with the time to be specified in the written Arkansas Historic Districts Act. Each day that a decision those elements of the violation continues to exist constitutes a separate structure that are deteriorating, offense. contributing to deterioration, or deteriorated. (Ord.5177,9-16-08) (b) Complaints or orders issued by the City ARTICLE XI shall be served upon persons either ENVIRONMENTAL ONCERNS personally or by certified mail. If the COMMIT E whereabouts of such persons are unknown and the same cannot be ascertained by reasonable diligence, 33.239 Established; Meetings City staff shall make an affidavit to that The City Council hereby establishes a c /ittee to effect, stating the steps taken to be known as the Environmental oncerns ommittee determine and locate the persons in which shall meet a minimum of six times per year. interest, then the serving of such complaint or order may be made by 33.240 Purpose And Duties publishing the same once each week for two (2) successive weeks in a (A) The purpose of the committee shall be as follows: newspaper of general circulation within the City. Where such service is by (1) To address environmental concerns. publication, a notice of the pending proceedings shall be posted in a (2) Promote a safe and healthy environment. conspicuous place on the premises thereby affected. (3) Maintain the natural beauty of the 33.237 Appeals environment within the city. (B) The Environmental Committee shall (A) Any applicant aggrieved by the determination of make recommendations to other city committees the Commission may appeal the determination of and to the City Council on matters concerning the the Commission to the Circuit Court of environment. Washington County, Arkansas, in accordance with Rule 9 of the Arkansas District Court Rules. 33.241 Membership; Terms 33.238 Enforcement (A) Membership: (A) In the event that work being performed is found (1) Such Committee membership shall be not to be in accordance with the Certificate of composed of the following: Appropriateness or upon notification of such fact by the Historic District Commission and/or City . One(1)City Council Member staff, the building inspector shall issue a stop 0 One(1)Member from Local Industry work order and all work shall immediately cease. 0 One (1) Member from a science No further work shall be undertaken on the discipline project as long as a stop work order is in effect. 9 Six(6)citizens-at-large Stop work orders and penalties for non- compliance with such will be enforced according (B) Terms of Membership: CD33:22 FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION The chairperson, or in his absence, the acting (1) The City Council member shall be appointed chairperson, may administer oaths and compel by the Mayor and shall serve until replaced. the attendance of witnesses. All meetings shall (2) Terms of all other members shall be three be open to the public. years and shall be staggered so that each (B) The Board of Adjustment shall keep minutes of year either two or three of the members' its proceedings, showing the vote of each terms shall be available for appointment by member upon each question, or if absent or the Nominating Committee. failing to vote indicating the fact, and shall keep records of its examinations and other official (3) Members of the Environmentaloncerns actions, all of which shall be a public record and Committee serving at the time o e be immediately filed in the office of the city adoption of this ordinance shall continue to planner. serve their terms (or a shortened term) without needing to be reappointed by the (Code 1965,App.A,Art.100;Ord. No.1747,6-29-70;Code Nominating Committee due to enactment of 1991,§160.174;Ord.No.4099,6-16-98) this ordinance. 33.252 Administrative Review 33.242 Conduct Of Meetinas� The Board of Adjustment shall hear and decide The Environmental tToncerns Committee shall appeals where it is alleged there is error or ambiguity promulgate rules and regulations necessary for the in any order, requirement, decision, interpretation, or conduct of committee meetings and other business. determination made by the city planner in the 33.243-33.249 Reserved enforcement of Zoning, Chapters 160 through 164. (Ord.No.4099,6-16-88) (Ord. No. 3922, §1(D), (E), 9-5-95; Code 1991; Ord. No. Cross reference(s)--Appeals, Ch.155; Variances, Ch. 4462,2-04-03;Ord.5177,9-16-08) 156 ARTICLE XII 33.253-33.259 Reserved BOARD OF ADJUSTMENT 33.250 Composition; Membershi ARTICLE XIII p PLAT REVIEW COMMITTEE The Board of Adjustment shall consist of seven members with its members to be appointed by the City Council, each. for a term of five years. 33.260 Composition; Membership City Appointments shall be staggered. A majority of the The Plat Review Committee shall consist of the membership of the Board of Adjustment shall following City Division Heads or their representatives: constitute a quorum. Members of the Board of Adjustment may be removed from office by the City Building Safety Director; Council for cause upon written charges and after Transportation Manager; public hearing. Vacancies shall be filled by resolution • City Engineer; of the City Council for the unexpired term of the Solid Waste Operations Supervisor; member affected. 0 Fire Chief, (Code 1965, App. A, Ari. 12(1); Ord. No. 1747, 6-29-70; • Transportation Superintendent; Code 1991,§160.170;Ord.No.4099,§1,6-16-98) • Zoning and Development Administrator; • City Planning Consultant; 33.251 Proceedings Of Board Of • Allaffected utility companies may send Adjustment representatives. (A) The Board of Adjustment shall adapt rules The Plat Review Committee shall have advisory necessary to the conduct t its affairs, and in capacity only. Its duty shall be to advise the developer neem with the of technical problems, to recommend solutions of keeping provisions of the unified such problems, and to advise the developer of development ordinance. Meetings shall be held at the tali of the chairperson and at such other mandatory requirements. times as the Board of Adjustment may determine. (Ord.No.4099,6-16-98) C D33:23