Ordinance 2022-1839 - DENIED - Laserfiche WebLink

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Denied on Second Reading A. It is the intention of the City that the application of this Chapter shall comply with all statutory and constitutional requirements, including not resulting in an unlawful taking of private property without the payment of just compensation. B. Any applicant for the development of a housing project who believes that the application of this Chapter would affect such an unlawful taking may apply to the City Manager for an adjustment of the requirements imposed by this Chapter. Such application must state with specificity the adjustment requested and the legal basis therefor. C. If the City Manager determines that the application of the requirements of this Chapter would result in an unlawful taking of private property without just compensation, the City Manager may alter, lessen or adjust permanently affordable dwelling unit requirements as applied to the particular development under consideration such that there is no unlawful uncompensated taking. D. If, after reviewing such application, the City Manager denies the relief sought by an applicant, the applicant may request an administrative hearing to seek relief from the provisions of this Chapter. Any such hearing shall be conducted by a hearing officer retained by the City. At such hearing, the burden of proof will be upon the applicant to establish that the fulfillment of the requirements of this chapter would affect an unconstitutional taking without just compensation pursuant to applicable law of the United States and the state of Colorado. If it is determined at such administrative hearing that the application of the requirements of this chapter would effect an illegal taking without just compensation, the City Manager will alter, lessen or adjust permanently affordable dwelling unit requirements as applied to the particular development under consideration such that no illegal uncompensated taking takes place. Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares it would have passed and approved this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. The repeal or modification of any provision of the Municipal Code of the City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Ordinance No. 1839, Series 2022 Page 15 of 16