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HomeMy WebLinkAbout11-26-07_Provisional Adoption of Ordinance No_ 1728, Amendi_16 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Assistant to the City Manager SUBJECT: Provisional adoption of Ordinance 1728, amending the Bozeman Municipal Code by revising Title 2 and adding a new chapter to be numbered Chapter 2.82; providing for a new chapter for the Neighborhood Recognition Ordinance. MEETING DATE: November 26, 2007 RECOMMENDATION: Conduct a public hearing and provisionally adopt Ordinance 1728 and direct staff to return to the Commission for final adoption on December 10, 2007. BACKGROUND: On November 7, 2006 the citizens of Bozeman adopted a City Charter, hereinafter referred to as “the Charter”. The Charter becomes effective on January 1, 2008 and requires that minimum recognition requirements for neighborhood associations be established by ordinance, hereinafter referred to as “the NRO”. Section 4.06 (a) of the Charter states that the citizens of Bozeman recognize the importance of neighborhoods in the City and acknowledge the valuable contributions neighborhoods can make to City governance. It is through the Charter and the proposed Neighborhood Recognition Ordinance that neighborhood participation is strengthened where it exists and encouraged, supported and nurtured where it does not. Additionally, as stated in 2.18.020 of the NRO, the intent and purpose of the Neighborhood Recognition Ordinance is to “create and maintain effective channels of communication with the citizens of Bozeman on matters affecting the livability of their neighborhoods and the community in general. Through the recognition of neighborhood associations, it is the intent to foster partnerships of open communication between the City and its neighborhoods; to enhance the environment in which citizens are afforded an opportunity to participate in local governmental decisions; to foster cooperation and consensus among diverse interests; to assist the City and neighborhood residents in developing solutions to mutual problems; and to develop in the citizens a sense of personal pride and responsibility for their neighborhood.” 125 Upon passage of the Charter, the City Commission directed staff to create a Neighborhood Recognition Ordinance Task Force with representation from both existing neighborhood associations and from areas of the community that have not formally organized neighborhood associations. The Task Force was charged with studying the issue, considering alternatives and drafting the required ordinance for Commission approval. The Task Force consists of the following members: (1) Bill VandenBos – Marwyn-Lindley Neighbors; (2) Catherine Byrd – Cascade Association of Neighbors; (3) Connie Garrett – North East Neighborhood Association; (4) Dana Huschle – New Hyalite View Neighbors; (5) Salal Huber-McGee – At large; and (6) Mark Niemi – At large ADDITIONAL ACTION: Final adoption of Ordinance 1728 is scheduled for the Commission consent agenda on Monday, December 10, 2007. Staff has determined that a UDO text amendment to Title 18.76, Noticing, is necessary to fully and completely incorporate provisions outlined in Title 2.82.140, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and Community Development, but does not preclude final adoption of the NRO. Details of the UDO text amendment, incorporating the proposed noticing language found in the aforementioned section of the NRO, will be outlined in a memo to the Commission intended for the December 10, 2007 consent agenda wherein staff will recommend that the Commission direct staff to return to the Commission with a proposed amendment to Title 18 incorporating the NRO noticing requirements found in Title 2.82.140 and schedule the required public hearing. FISCAL EFFECTS: Undetermined ALTERNATIVES: As suggested by the Commission. Respectfully submitted, _________________________________ ____________________________ Brit Fontenot, Assistant to the City Manager Chris A. Kukulski, City Manager Attachments: (1) Ordinance 1728, the Neighborhood Recognition Ordinance (2) Title 18.76, Noticing 126 ORDINANCE NO. 1728 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING TITLE 2 AND ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 2.82; PROVIDING FOR A NEW CHAPTER FOR A NEIGHBORHOOD RECOGNITION ORDINANCE WHEREAS, on November 7, 2006 the citizens of Bozeman adopted a City Charter; and WHEREAS, within the City Charter the citizens of Bozeman identified the importance of neighborhoods in the City; and WHEREAS the citizens of Bozeman, value the contribution neighborhoods can make to the governance of the City; and WHEREAS, it is a purpose of the citizens of Bozeman to strengthen neighborhood participation where it exists and to encourage and support neighborhood participation where it does not yet exist; and WHEREAS, the City Commission of the City of Bozeman finds that there is a need to maintain effective channels of communication with the citizens of Bozeman on matters affecting the livability of their neighborhoods and the community in general. WHEREAS, the City Commission, through the recognition of neighborhood associations, intends to foster a partnership of open communication between the City and its neighborhoods; to enhance the environment in which citizens are afforded an opportunity to participate in local governmental decisions; to foster cooperation and consensus among diverse interests; to assist the City and neighborhood residents in developing solutions to mutual problems; and to develop in the citizens a sense of personal pride and responsibility for their neighborhood. WHEREAS, the City Charter requires that minimum recognition requirements for neighborhood associations be established by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOZEMAN CITY COMMISSION: Section 1 That Title 2 of the Bozeman Municipal Code be amended so that Title 2 reads: “Title 2.82 (Reserved) NEIGHBORHOOD RECOGNITION” 127 Section 2 That the Bozeman Municipal Code be amended by adding a chapter to be numbered 2.82, to read: Table of Contents Chapter 2.82.010: Short Title Chapter 2.82.020: Intent and Purpose Chapter 2.82.030: Definitions Chapter 2.82.040: Authority to Form Chapter 2.82.050: Bylaws Chapter 2.82.060: Membership Chapter 2.82.070: Boundaries Chapter 2.82.080: Funding Chapter 2.82.090: Function of Recognized Neighborhood Associations Chapter 2.82.100: Accountability Chapter 2.82.110: Meetings Chapter 2.82.120: InterNeighborhood Council Chapter 2.82.130: Responsibilities of the City of Bozeman Chapter 2.82.140: Responsibilities of Entities Submitting Applications to the Department of Planning and Community Development Chapter 2.82.150: Administration and Enforcement Chapter 2.82.160: Review Authority Chapter 2.82 NEIGHBORHOOD RECOGNITION 2.82.010 Short Title A. This chapter shall be known and cited as the Neighborhood Recognition Ordinance (NRO) of the City of Bozeman (City), except when cited herein, where it shall be referred to as “this chapter”. 2.82.020 Intent and Purpose A. The City Commission of the City of Bozeman finds that there is a need to create and maintain effective channels of communication with the citizens of Bozeman on matters affecting the livability of their neighborhoods and the community in general. It is the intent of City Commission, through the recognition of neighborhood associations, to foster partnerships of open communication between the City and its neighborhoods; to enhance the environment in which citizens are afforded an opportunity to participate in local governmental decisions; to foster cooperation and consensus among diverse interests; to assist the City and neighborhood residents in developing solutions to mutual problems; and to develop in the citizens a sense of personal pride and responsibility for their neighborhood. 2 128 B. The City Charter requires that minimum recognition requirements for neighborhood associations be established by ordinance (Bozeman City Charter Section 4.06 part b). 2.82.030 Definition of Terms A. City Agency – City Agency includes all departments, bureaus, offices, boards, councils, liaisons, task forces and commissions of the City of Bozeman. B. City Liaison – Designee of the City Manager responsible for administration and enforcement of the responsibilities of the City of Bozeman as defined by this chapter in 2.82.130. C. InterNeighborhood Council (“INC”) - Council composed of delegates selected by each recognized neighborhood association. D. Minimum Standards – Standards contained within this chapter used to assess the eligibility of neighborhood associations to be recognized by the City of Bozeman and to participate on the INC. E. Neighborhood – A geographically contiguous self-selected community. F. Recognized Neighborhood Association – An organization formed by residents for the purpose of maintaining and/or improving the livability and quality of their neighborhood, formally recognized by the INC and therefore the City of Bozeman and subject to this chapter. G. Non-recognized Neighborhood Association – An organization formed by residents for the purpose of maintaining and/or improving the livability and quality of their neighborhood. A non-recognized neighborhood association is one which has not met the minimum standards for recognition as set forth in this chapter or has lost their recognized status for failing to comply with the minimum standards as set forth in this chapter. A non-recognized neighborhood association has no representation on the INC. G. Neighborhood Group – A loosely organized, non-recognized group of residents formed for the purpose of maintaining and/or improving the livability and quality of their neighborhood and that demonstrates an interest in forming a recognized neighborhood association. A neighborhood group has no representation on the INC. 2.82.040 Authority A. Residents, property owners, and representatives of businesses and non-profit organizations of any City area not recognized previously may form an association. Associations seeking formal recognition by the City may make a written request 3 129 to the City Liaison for formal recognition as a neighborhood association under the provisions of this chapter. Upon receipt of application materials from a non- recognized neighborhood association or neighborhood group, the City Liaison shall issue a report and recommendation to the INC. Recognition of a non- recognized neighborhood association or neighborhood group shall be made by a majority vote of the INC. B. Prior to requesting recognition, a non-recognized neighborhood association or neighborhood group shall hold one or more adequately noticed public meetings for the purpose of gathering information, approving bylaws, establishing boundaries, electing officers and determining a name for the association. Adequate notice constitutes mailing, e-mailing, faxing and/or hand-delivering notices to all eligible for membership, as set forth in 2.82.060, within the proposed boundaries of the non-recognized neighborhood association or neighborhood group and/or posting of notices in prominent locations throughout the neighborhood. Notices shall be mailed, e-mailed, faxed, delivered and/or posted at least seven (7) business days prior to the meeting date. 2.82.050 Bylaws A. In order to be recognized, each neighborhood association shall adopt bylaws which will at a minimum include: 1. Statement of organizational purpose; 2. Method for election of officers and description of their terms; 3. Stated duties and responsibilities for officers; 4. Delineation of clear geographic boundaries; 5. Procedures for defining eligibility for neighborhood association membership as set forth in 2.82.060; 6. Stipulation for one annual meeting; and 7. Defined means of communicating with residents in the neighborhood association. B. The initial bylaws shall be provided to the City Liaison as part of the official recognition process by the INC, in accordance with this chapter, and shall be signed by the City Liaison and a delegate of the INC, and filed with the City of Bozeman. Any bylaw changes must also be filed in writing with the City Liaison within sixty (60) days of the revision. 2.82.060 Membership A. The membership of recognized neighborhood associations shall be open to all residents, property owners, business licensees, and representatives of non-profit organizations within the defined neighborhood boundaries. 4 130 B. All eligible for membership in recognized neighborhood associations may actively participate in neighborhood events, activities and meetings exercising voting rights pursuant to neighborhood association bylaws, without regard to race, national origin, religion, economic status, sex or physical ability. C. A recognized neighborhood association will be responsible for maintaining sign-in sheets and other records as required by the neighborhood association bylaws. 2.82.070 Boundaries A. Boundaries of recognized neighborhood associations will be defined by the association membership, with assistance from City Liaison and INC, and may not overlap other recognized neighborhood association boundaries. A boundary description shall be included in neighborhood association bylaws. B. A newly-forming non-recognized neighborhood association or neighborhood group may file, with the City Liaison’s office, proposed boundaries while working towards meeting the minimum standards of this chapter. The City Liaison shall be available to provide assistance to newly-forming, non-recognized neighborhood associations or neighborhood groups in reviewing and establishing proposed boundaries. If a neighborhood meeting is not noticed and conducted within six months of filing application materials with the City Liaison, or bylaws are not filed with the City Liaison within twelve months of filing application materials, the proposed boundaries will no longer be considered valid. C. The City Liaison shall be notified in writing and within a reasonable time period of the intent of any recognized neighborhood association considering any boundary modifications. Boundary modifications may occur after residents in the affected area are given notice and the opportunity to vote as prescribed by the recognized neighborhood association's bylaws and provided that any modifications do not overlap with an adjacent recognized neighborhood association. The INC and relevant City departments will be made aware of neighborhood boundary changes by the City Liaison. D. Boundaries of a recognized neighborhood association may extend beyond the Bozeman City limits at the discretion of the respective neighborhood association. Services to non-City residents within a recognized neighborhood association may be limited. 2.82.080 Funding A. Membership fees shall be voluntary and shall not bar any resident from neighborhood association membership or voting privileges. Voluntary dues, contributions, contracts, grants or subscriptions may be used by a recognized 5 131 neighborhood association as provided for in the neighborhood association's bylaws, and may be subject to any applicable public funding requirements. 2.82.090 Functions and Responsibilities of Recognized Neighborhood Associations A. All recognized neighborhood associations must meet and continue to maintain conformity with the minimum standards as established by this chapter in order to benefit from official recognition by the City and be eligible to elect members to the INC. Failure to meet and continue to maintain conformity with the minimum standards as established by this chapter may result in the association's loss of official recognition by the City. B. Recognized neighborhood associations are autonomous organizations. Although the City may provide limited forms of financial aid to officially recognized neighborhood associations, recognized neighborhood associations are not considered agencies of the City. Responsibilities of a recognized neighborhood association include: 1. Becoming a self-sustaining organization that will further the purpose and intent of this chapter. 2. Making a good faith effort to recruit a diverse and representative group of residents, property owners, business and non-profit representatives to participate in and perpetuate the governance and operation of the neighborhood association. 3. Providing effective community participation in government by defining, articulating and addressing neighborhood problems and concerns; by advising, consulting and cooperating with the various City departments, boards, councils and task forces; and by notifying and relaying information to residents, property owners, business and non-profit representatives and the City Liaison regarding matters that affect their respective neighborhoods. 4. Providing community input on the efficiency and efficacy of the City's delivery of services. 5. Making recommendations concerning particular actions, policies, plans, programs, projects, and other matters to the City Commission and to any City department or agency where the livability of the neighborhood is affected, including, but not limited to, land use, housing, community facilities, human services, social and recreational programs, open space and parks, traffic and transportation, environmental quality, and public safety. 6. Establishing and following clear processes for reporting the association's position on matters affecting their respective neighborhoods to the City. 7. Assisting City staff in determining priority needs affecting the quality of life for the neighborhood and the overall community; 6 132 8. Undertaking and managing projects to benefit the recognized neighborhood association as may be agreed upon by the recognized neighborhood association membership or contracted with the City and/or other public agencies. 9. Maintaining current board rosters and providing the City Liaison with the names, addresses, e-mail addresses and phone numbers of each of the officers on their board who will receive all notices and other mailings from the City. 10. Electing or appointing, in accordance with recognized neighborhood association bylaws, an INC delegate and an alternate. 11. Submission, by each recognized neighborhood association, of an annual report to the City Liaison. The report shall be submitted no later than June 30 of each year. This provision does not pertain to recognized neighborhood associations in existence less than six (6) months prior to the June 30 deadline. Each report shall include, at a minimum, the following information: a. Names, addresses, e-mail addresses and telephone numbers of contact persons and officers elected and/or appointed at the annual election; b. Dates of neighborhood meetings held during the previous calendar year; c. Any changes to the approved by-laws, including changes in neighborhood boundaries; d. A completed annual neighborhood survey form provided by the City; and e. Minutes from the organization’s annual meeting. C. The requested information will aid in maintaining updated listings of recognized neighborhood associations. D. Additionally, an annual report affords the City the opportunity to review annual changes in recognized neighborhood associations that may threaten their recognized status as defined in this chapter. If a recognized neighborhood association does not return the requested information, the City Liaison will advise the INC. The INC will determine whether the City will continue to formally recognize the neighborhood association. E. If any recognized neighborhood association’s annual report is lacking any of the minimum requirements, the INC will review, comment, and re-evaluate the recognized status of the neighborhood association. 2.82.100 Accountability A. Recognized neighborhood associations shall be accountable to the membership of the neighborhood which they represent. 7 133 B. They shall be responsible for notifying the membership about meetings, elections, and other association events. C. All meetings of a recognized neighborhood association shall be open to the public; subject to the State of Montana’s open meeting laws. D. A recognized neighborhood association shall make a good faith effort to seek the views of the people affected by proposed policies or actions and shall consider all proposed options before adopting any final recommendations or actions. E. INC delegates will serve as liaison between City staff and the recognized neighborhood association, and shall be selected by the neighborhood association membership in accordance with neighborhood association bylaws. F. All recognized neighborhood associations shall establish procedures, through the adoption of bylaws, which shall at a minimum provide that the general membership of such associations have the ability to register support or opposition to any issue, action or proposed action by the City including, but not limited to, holding of a special meeting, if necessary, to address such issue or action. When a recognized neighborhood association presents its official position on an issue, action or proposed action to the City, it shall identify how the general neighborhood association membership was contacted, and the vote tally for and against the position asserted by the association. 1. The recognized neighborhood association shall establish and follow a clear method for reporting to the City actions which accurately reflect the neighborhood's position. When a recognized neighborhood association presents its official position on an issue to the City, it shall be prepared to identify whether the decision was reached by the board, a poll of the general membership, or by a vote at a general membership meeting, and the vote for and against the position. 2. The consensus view of a dissenting minority or minorities on any issue considered shall be recorded and transmitted along with any recommendations made by a recognized neighborhood association to the City. G. Nothing in this chapter shall be considered as a limitation of any citizen's rights to participate directly in the decision-making process of the City government. 2.82.110 Meetings A. Recognized neighborhood associations shall hold, at a minimum, an annual meeting. Recognized neighborhood associations shall set forth meeting requirements in their bylaws. 8 134 B. Recognized neighborhood associations shall hold meetings for all members within their boundaries. These meetings shall be open to the public; subject to the State of Montana’s open meeting laws. 2.82.120 InterNeighborhood Council (INC) A. The INC is a representative organization to which the City may provide limited forms of financial aid. The INC is an advisory board to the City Commission. B. The INC shall be composed of one delegate selected by each recognized neighborhood association. 1. A vacancy on the Council shall be filled only by the affected recognized neighborhood association. 2. Each recognized neighborhood association shall also select one alternate to represent the association in the event the selected delegate is unable to participate in the INC. 3. A delegate to the INC unable to attend an INC meeting may provide written authorization for another delegate to vote on their behalf on any matter that may come before the INC at that meeting. The written proxy authorization shall state the name of the authorized delegate and be signed and dated by the absent delegate. A proxy vote will be fully documented in the minutes of the meeting. C. The INC shall provide a forum for recognized neighborhood associations to come together, share information and make recommendations to the City. The INC shall also provide a forum for non-recognized neighborhood associations, neighborhood groups and City agencies to communicate with recognized and non- recognized neighborhood organizations and groups. D. The INC shall establish and follow a clear method for reporting to the City, actions which accurately reflect neighborhood positions. When the INC presents its official position on an issue to the City, it shall be prepared to identify whether the decision was reached by consensus or majority vote of the INC, a poll of the general membership of each recognized neighborhood association, or by a vote at recognized neighborhood association general membership meetings. In each instance, INC shall also identify the vote totals for and against the position. E. The INC shall meet on a regular basis to address City-wide concerns and foster dialogue between neighborhoods. F. The INC shall adopt and maintain bylaws to govern the conduct of their business. These bylaws shall be approved by a two-thirds vote of the INC memberships and subsequently ratified by City Commission. The bylaws shall contain, but are not limited to, the following items: 9 135 1. Mission and/or vision; 2. Authorization; 3. Officer elections, terms & vacancies; 4. Voting procedures; 5. Attendance policy; 6. Conflict of interest; and 7. City Liaison duties. 2.82.130 Responsibilities of the City of Bozeman A. The City Liaison shall: 1. Provide notice to INC delegates regarding all applications received by the Department of Planning and Community Development where notification guidelines (BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class. Notification to the INC delegates shall be sent via telephone, mail, e-mail, or facsimile concerning all public hearings associated with the application except those that have been postponed to a date certain announced at a prior hearing. 2. Provide notice to INC delegates regarding any proposed change to City property which requires public notification, including but not limited to change in use, sale, bids and/or leases. 3. Respond within ten (10) working days, or a minimum of five (5) days prior to any related public hearing, whichever is sooner, when contacted by an elected officer of a recognized neighborhood association or the INC with a request for information regarding any City project. 4. Review recognition requests from non-recognized neighborhood associations and/or neighborhood groups and provide a checklist of minimum requirements for recognition, a copy of this chapter and an updated City of Bozeman Neighborhood Boundaries map and assist non- recognized neighborhood associations and/or neighborhood groups in determining whether compliance with the requirements for recognition have been satisfied. 5. Forward a notice of noncompliance to any recognized neighborhood association failing to comply with any requirements or provisions set forth in this chapter. a. A recognized neighborhood association shall have ninety (90) days from the date of the notice to come into compliance with the minimum standards established by this chapter and provide satisfactory evidence of such compliance to the City Liaison. 10 136 b. Should a recognized neighborhood association fail to provide such evidence, the INC shall remove said association from the list of recognized neighborhood associations immediately upon the expiration of the ninety-day review period. A recognized neighborhood association may request one ninety (90) day extension in order to obtain compliant status and provide satisfactory evidence of such compliance to the City Liaison. Extension requests should be forwarded to the City Liaison within thirty (30) days of the expiration of the original ninety-day term. c. The INC shall vote on a request from the recognized neighborhood association for an extension of time to provide evidence of compliance with minimum standards at the earliest possible meeting date and notify the association of any decision within seven (7) days. If a request for an extension of time is denied, the terms of the original 90-day compliance period shall be enforced. Should the request for an extension be granted, the extension will commence on the day following the expiration of the original 90- day term. d. After expiration of the 90-day review period and extensions, if any, the INC will be entitled to revoke the recognized status of a neighborhood association should said association fail to provide evidence that the minimum standards for recognition established by this chapter have been satisfied. Said association, under non- recognized status, shall forfeit a delegate to the INC and be removed from all official City mailing lists and will lose the opportunity to receive services rendered to recognized neighborhood associations until such time as said neighborhood association re-activates their recognized status by providing evidence that the minimum standards of neighborhood recognition established by this chapter have been satisfied. 6. Provide each recognized neighborhood association with a list of current City departments, their respective department heads, including corresponding telephone numbers and provide such information on the City’s official internet website. 7. Publish a neighborhoods newsletter, at least quarterly, so that each recognized neighborhood association may communicate pertinent information and increase communication between recognized neighborhood associations, their memberships and the City. 8. Create and maintain an updated neighborhood directory, which lists the contact information of the recognized neighborhood association’s elected officers and/or other recognized neighborhood associations designated officers. 11 137 9. Provide support services to recognized neighborhood associations, including assistance with general communications, newsletters, grant writing, activity planning, public relations, outreach efforts, general information and referral, and other technical assistance which may include instructions on the use of electronic notification systems. 2.82.140 Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and Community Development. A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in 2.82.020, the following shall be performed: 1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines (BMC 18.76) require that notice be posted “on- site”, published in the local newspaper or mailed first class. 2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and Community Development. B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete application. 2.82.150 Administration and Enforcement A. The City Liaison shall administer and enforce the responsibilities of the City of Bozeman as defined by this chapter in 2.82.130. The City Liaison may be provided with the assistance of such other persons as the City Manager may supervise and those assistants shall have essentially the same responsibilities as directed by the City Manager. The City Liaison may consult with other persons having expertise in relevant subject areas inasmuch as their opinion is necessary for the administration of this chapter. B. In the event that the City Liaison finds, or is notified, that requirements or provisions of this chapter are being violated by a recognized neighborhood association, the City Liaison shall conduct a fact-finding study and attempt to determine the nature of the violation, if any. Once determined, the City Liaison shall make initial findings regarding the alleged violation and report those findings and supporting evidence to the INC for review. Upon review, the INC may issue a notice of non compliance and may take the action set forth in 2.82.130, Section A. (5). 12 138 C. In the event that the City Liaison finds, or is notified, that requirements or provisions of this chapter have been violated by the INC, the City Liaison shall conduct a fact-finding study and attempt to determine the nature of the violation, if any. Once determined, the City Liaison shall make initial findings regarding the alleged violation and report those findings and supporting evidence to the City Commission for review. Upon Review, the City Commission may issue a notice of non compliance and require compliance within a reasonable amount of time. 2.82.160 Review Authority A. The City Commission reserves the right to review and require revisions to any and all sections set forth in this chapter. B. Upon review, the INC shall have the authority to affirm, modify or reverse initial administrative findings made by the City Liaison. C. Upon Review, the City Commission shall have the authority to affirm, modify, or reverse the findings of the INC. The affirmation, modification or reversal of an INC decision by the City Commission shall be final and binding and shall be set forth in the form of a Commission resolution. D. Notice of the INC review, including date, time and location shall be delivered via certified mail to the recognized neighborhood association's officers or board of directors on file with the City. E. The INC review shall be open to the public and shall allow for testimony on all relevant aspects of the alleged violation, proposed action and applicable policies and standards. F. The INC may establish time limits on testimony or other additional rules regarding the conduct of any hearing. G. Notice of the INC’s decision(s) or recommendation(s) shall be delivered via certified mail to the address of the recognized neighborhood association’s officers or board of directors on file with the City. H. Decision(s) of the INC may be appealed by a recognized neighborhood association and shall be submitted to the City Commission for review. Any appeal of an INC review decision(s) shall be in writing and set forth the specific provisions of the INC review decision(s) being appealed. Written appeals must be received by the City Liaison within fourteen (14) days of the date of reception of the notice of decision of the INC. Any INC decision, not appealed to the City Commission within the required time frame shall be considered final and binding. 13 139 I. In the event of appeal of an INC review decision, the City Liaison shall forward the appeal, INC’s written decision and the record of the proceedings of the INC hearing to the City Commission within fourteen (14) days of receipt of the written appeal. Upon receipt of the appeal documents the Commission shall conduct a review within a reasonable amount of time. Section 3 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 5 Severability. If any portion of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable. Section 6 Effective Date. This ordinance shall be in full force and effect on January 9, 2007. PASSED, ADOPTED AND PROVISIONALLY APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26th day of November, 2007. _____________________________ JEFF KRAUSS Mayor ATTEST: _____________________________________ STACY ULMEN City Clerk 14 140 PASSED, ADOPTED, AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10th day of December, 2007. _____________________________ JEFF KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: _____________________________ PAUL J. LUWE City Attorney 15 141 142 143 144