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TO: Mayor Thomas J. Weisner
FROM: Stephane Phifer, Planning and Zoning Director
DATE: February 13, 2014
SUBJECT:
An Ordinance amending Chapter 37, Entitled "Preservation" (Amendment to Chapter 37 - Preservation Ordinance - PZ-14.042 - SP)
PURPOSE:
Attached is an ordinance amending certain sections of Chapter 37 - Preservation. The proposed amendments are intended to enable the director of the Aurora Preservation Commission to appoint a designee for enforcement and to clarify the existing enforcement procedures.
BACKGROUND:
The City of Aurora has 4 local Historic Neighborhood Districts and 3 neighborhoods listed on the National Register of Historic Places.
The Aurora Preservation Commission was established by the City Council in 1979 to preserve properties that reflect Aurora's historical, cultural, artistic, social, and ethnic heritage. In October of 1982 the City Council approved the first Historic Districts and Landmarks Guidelines to provide rehabilitation and restoration guidelines for properties within the then locally designated historic district(s) (R82-1043). Those guidelines have been updated from time to time with the latest revision being approved by City Council in September of 2012 (R12-236).
DISCUSSION:
This amendment will facilitate the effective and efficient enforcement of current ordinances.
IMPACT STATEMENT:
The Planning and Zoning Division does not anticipate any impact to other City Department with the approval of this amendment it is simply a clarification of the current processes.
RECOMMENDATIONS:
Staff recommends approval of the Ordinance amending Chapter 37, Entitled "Preservation".
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance amending Chapter 37, Entitled "Preservation"
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, in furtherance of its home rule powers, it is necessary and desirable for the City to amend certain sections of Chapter 37, entitled "Preservation" to allow for director to select a designee to assist in carrying out the enforcement functions set forth therein and to clarify procedure by which violations of said chapter may be processed.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Article I, Section 37-3, entitled "Definitions" of Chapter 37 of the City of Aurora Code of Ordinances be and hereby is amended as follows:
Sec. 37-3. Definitions.
* * * * * *
Director. The director of the Aurora Preservation Commission, or if none has been appointed, the city's director of community development planning and zoning.
* * * * * *
Section Two: That Article I, Section 37-6, entitled "Other remedies" of Chapter 37 of the City of Aurora Code of Ordinances be and hereby is amended as follows:
Sec. 37-6. Other rRemedies.
The city adopts Division 2.1 of the Illinois Municipal Code (65 ILCS 5/1-2.1-1 et seq.) as it may be amended from time-to-time, to provide for administrative adjudication of violations of this chapter, provided, however, that the provisions of chapter 12, article VII of this Code shall take precedence over any inconsistent provisions contained within said Division 2.1 of the Illinois Municipal Code. In addition to any other remedies provided by law, the city may institute any appropriate action or proceeding to prevent, restrain, abate or correct a violation of this chapter. This shall include, but not be limited to, requiring the restoration of a site to its appearance prior to the violation.
Section Three: That Article II, Section 37-24, entitled "Director" of Chapter 37 of the City of Aurora Code of Ordinances be and hereby is amended as follows:
Sec. 37-24. Director.
(a) Upon recommendation by the commission, the mayor, with the consent of the city council, may appoint a director to provide staff support to the commission. If a director is not appointed, the director of community development planning and zoning shall have the responsibilities of the director as set forth in this chapter.
(b) The director shall keep, or cause to be kept, a record of all proceedings and actions of the commission. This record shall be open to the public for inspection and shall be kept and maintained at the director's office.
(c) The director shall submit, at a minimum, a quarterly report of the commissions' activities to the city council.
(d) The director is hereby authorized to prepare and serve citations for violations of this chapter and/or applicable guidelines. The director may appoint a designee for the purpose only of citing such violations.
(e) The director shall keep a register of all landmarks, historic districts and urban conservation districts which have been so designated pursuant to this chapter. This register shall include the information required of each designation, along with appropriate maps.
Section Four: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Five: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Six: That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect thereafter.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Legistar number: 14-00112