HomeMy WebLinkAboutA001 - cover letter for ordinance CITY IF 11 [ is
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February 18, 1982
Honorable F. Paul Goodland, Mayor
And Members of the City Council
Of the City of Ames, Iowa
Dear Mayor Goodland and Council Members:
Attached please note a proposed ordinance amending two provisions of
Chapter 13, the Rental Housing Code. This proposal has been formally
approved by the Housing Board of Appeals in conjunction with proposed
amendments to the Board's own rules.
The primary proposal concerns the requirement that the Board must meet
within a specified number of days of an application for its hearing.
Presently, Section 13. 16 sets a thirty (30) day limitation. Within the
last several months, the greatly expanded caseload of the Board has made
the thirty (30) day rule unworkable.
Since November, 1981, the Board has established a regular meeting date
for the third Thursday of each month. Applications for hearings filed
within ten days of a regular meeting date generally cannot be prepared
for by city staff or the appellant for the next meeting. However, if
such appeals are not heard by the Board until its next regularly sche-
duled meeting, the thirty (30) day rule is violated. The Board recom-
mends a forty-five (45) day rule to eliminate this prblem while assuring
expeditious consideration of appeals.
A second proposal concerns the Board's authority to adopt rules govern-
ing its procedures. Like the Zoning Board of Adjustment, the Housing
Appeal Board has adopted and applied its own rules for several years.
Unlike the Zoning Board of Adjustment, the Housing Appeal Board does not
have ann express authorization to do so. Assistant City Attorney Mark
Lindholm has advised although the Board probably has implied or inherent
authority to adopt rules not inconsistent with Chapter 13, such authori-
ty should be expressly provided for. The language of Section 29.61
(Zoning) , has been used as a model.
Resp tfully sub6itted,
Herb Tschopp
Chairman of the Housing Appeal Board