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REQUEST FOR CITY COUNCIL AGENDA ITEM <br />Agenda Date Requested: April 23, 2012 <br />Requested By: D. Wilmore <br />Department: Planning <br />Report: X Resolution: Ordinance: <br />Exhibits: Ordinance w/ Strike -Through & Prop. Amendments <br />Exhibits Final Ordinance <br />Budeet <br />Source of Funds: <br />Account Number: <br />Amount Budgeted: <br />Amount Requested: <br />Budgeted Item: YES NO <br />SUMMARY & RECOMMENDATION <br />At the 04/09th City Council meeting, staff provided an update on court findings relating to a <br />city's authority relating to condemnation/demolition of buildings that are dilapidated, <br />substandard or unfit for human habitation (City of Dallas v. Stewart). The court focus was on <br />whether the homeowner received "due process" during the condemnation and subsequent <br />demolition process. <br />That case has now concluded and at this time, TML believes cities may continue to utilize their <br />City Council or Building and Standards Commission abatement process but should delay actual <br />demolition until the time for appeal (30 -days) has been satisfied. <br />The attached ordinance includes strike-throughs and "highlighted" proposed amendments to <br />address the impact to the City's current dangerous building regulations as well as a "needed" <br />change relating to newspaper publications. Changes are: <br />• Inclusion of a minimum forty-five (45) day delay between condemnation and <br />demolition (S. 82-481) <br />• Inclusion of a thirty (30) day appeal window (S. 82-482) <br />• Adjustment on required newspaper publication dates (S. 82-475[d]) <br />Staff is asking Council to approve the proposed ordinance as written. <br />Action Required by Council: <br />Consider approval or other action amending the existing dangerous building regulations. <br />Approved for City Council Aeenda <br />471- /7—/�_ <br />Ste lett, Interim City Manager Date <br />