Loading...
HomeMy Public PortalAboutORD14829 SUBSTITUTE -Passed as Amended BILL NO. 2011-43 SPONSORED BY COUNCILS/MApN Koon ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON BY DELETING THE DEPARTMENT OF COMMUNITY DEVELOPMENT, ESTABLISHING THE DEPARTMENT OF PUBLIC WORKS AND THE DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES,DE`�E'�.�LPMEN�, AND AMENDING THE 2010-2011 PERSONNEL SCHEDULE TO REFLECT THE REORGANIZATION. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 2 (Administration), Article VIII (Community Development), of the Code of the City of Jefferson, Missouri, is hereby deleted, and a new Article VIII (Department of Planning and Protective Servicessevelepfneet), is adopted as follows: ARTICLE VIII. DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES SENT See.2-320. Established. A Planning and Protective ServicesDevelepment Department of the city is hereby established. Sec. 2-321.Director,division,etc. A. The Department of Planning and Protective ServieesDevelepment shall be staffed with a director and other personnel according to the personnel authorization of the budget as approved by the City Council. Divisions of the Department shall be created by the Citv Administrator. Such Divisions may include but not limited to: 1. Planning and Zoning; 2. Inspections• 3. Redevelopment&Grants; 4. CAMPO. B. Subdivisions of the above identified Divisions may be established by the City Administrator. Such subdivisions of the Divisions may include,but are not limited to: 1. Inspections being subdivided to include Property Maintenance,Building Inspections 1 Text amended in Substitute shown in red SUBSTITUTE - Passed as Amended & Health Inspections. 2. Redevelopment&Grants being subdivided to include Solid Waste and Recvclinp. Sec.2-322.Appointment of director. The director of the Department of Planning and Protective ServicesDevelepmeM shall be recommended for appointment by the City Administrator to the Mayor subject to approval of the City Council. Sec.2-323.Oualifications of director. The director of the Department of Planning and Protective ServicesDevelopmeut shall be a graduate from an accredited four-year college or university with major course work in public or business administration, planning, architecture, or related field. The director must have an accredited Master's degree or be registered as a Certified Planner or have an equivalent level of higher education certification and experience. The director shall have thorough experience in the field of management, or any equivalent combination of education and experience that provides the necessary knowledge, abilities, and skills for the iob. The director shall be generally informed on practice in respect to the design and construction of buildings, the basic principles of planning, and the fundamentals of zoning administration. Sec.2-324.Functions of director. A. The director shall generally supervise and coordinate the work and operation of the divisions of the department and the division directors. B. The director shall perform such other duties as directed by the City Administrator. Sec.2-325.Conflicts of interest. No employee of the Planning and Protective ServicesDevelepmenf Department shall he engaged in or directly or indirectly connected with the furnishing of labor, materials, or appliances for the construction, alteration, or maintenance of a building, or the preparation of plans or specifications thereof, unless he is the owner of the building; nor shall any employee engage in any work which conflicts with his official duties or with the interests of the department. Section 2. Chapter 2 (Administration), of the Code of the City of Jefferson, Missouri, is amended by the addition of a new Article X111 (Public Works Department) as follows: ARTICLE X IL PUBLIC WORKS DEPARTMENT See.2-550. Established. A Public Works department of the city is hereby established. 2 Text amended in Substitute shown in red SUBSTITUTE — Passed as Amended Sec.2-551.Director,division,etc. A. The Public Works department shall be staffed with a director and other personnel according to the personnel authorization of the budget as approved by the city council. Divisions of the Department shall be created by the City Administrator. Such Divisions may include but not limited to: 1. Engineering; 2. Wastewater; 1 Operations-, 4. Transit B. Subdivisions of the above identified Divisions may he established by the City Administrator. Such subdivisions of the Divisions may include,but are not limited to: 1. Engineering being subdivided to include Stormwater and Engineering; 2. Wastewater being subdivided to include Collections and Treatment; 3. Operations being subdivided to include Streets, Parking, Aviation, and Central Maintenance. Sec.2-352.Appointment of director. The director of the Department of Public Works shall be recommended for appointment by the City Administrator to the Mayor subiect to approval of the City Council. Sec. 2-353.Oualifications of director. The director of the Department of Public Works shall be a graduate from an accredited four-year college or university with major course work in public or business administration, civil engineering, planning, architecture, or related field. The director must have an accredited Master's degree or be registered as a Professional Engineer, Architect or Certified Planner or have an equivalent level of higher education certification and experience. The director shatl have thorough experience in the field of management or any equivalent combination of education and experience that provides the necessary knowledge,abilities,and skills for the job. Sec.2-354.Functions of director. A. The director shall generally supervise and coordinate the work and operation of the divisions of the department and the division directors. B. The director shall perform such other duties as directed by the City Administrator. Sec.2-355.Conflicts of interest. No employee of the Department of Public Works Devele 3ment shall be engaged in or directly or indirectly connected with the furnishing of tabor, materials, or appliances for the construction, alteration, or maintenance of a building, or the 3 Text amended in Substitute shown in red SUBSTITUTE -Passed as Amended preparation of plans or specifications thereof, unless he is the owner of the building; nor shall any employee engage in any work which conflicts with his official duties or with the interests of the department. Section 3. Chapter 3 (Advertising and Signs), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Planning and Protective Services^eveloprtert" throughout the Chapter. Section 4. Chapter 4 (Alcoholic Beverages), Section 2 (Liquor Control Board), Subsection B, of the Code of the City of Jefferson, Missouri, as follows: Sec.4-2.Liquor control board. B. There is hereby established for the city a liquor control board which shall be composed of the fire chief, th' -^ssistant diFeemr of Community Deveiapinent a designee of the City Administrator and finance director, who shall serve as chairman of the board. (Ord. No. 13301, §3, 11-5-2001; Ord. No. 13910, §1, 8-1-2004;Ord. No. 14533, §1, 5-18-2009) Section 5. Chapter 7 (Boards and Commissions), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Planning and Protective Services °�^ veop.Ttent" throughout the Chapter. Section 6. Chapter 8 (Building Regulations), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Planning and Protective Services^^��.-glop ert' throughout the Chapter. Section 7. Chapter 13 (Fire Protection), Section 43 (Amendments deletions and insertions), Subsection 2, of the Code of the City of Jefferson, Missouri, is amended as follows: Sec. 13.43.Amendments,deletions and insertions. 2. Delete Section 105.1.2 and insert the following in its place: Permits Required: Notwithstanding any provisions to the contrary in other sections of this code, permits required in any section of this code shall be procured from the chief of the fire department unless City code Chapter 8 lists the subject matter of the permit, in which case the permit shall be procured from the City Administrator or his designee difeetaf of the department of Comrmmit� 4 Text amended in Substitute shown in red SUBSTITUTE -Passed as ,Amended Development.Permits shall at all times be kept in the premises designated therein and shall at all times be subject to inspection by the code official. Section 8. Chapter 15 (Health and Sanitation), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Planning and Protective ServicesDevelopfrient" throughout the Chapter. Section 9. Chapter 17 (Licenses, Taxation and Misc. Business Regulations), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Planning and Protective ServicesDevelopment" throughout the Chapter. Section 10. Chapter 18 (Miscellaneous Offenses), Section 155 (Habitual Offenders), of the Code of the City of Jefferson, Missouri, is amended as follows: Sec. 18-155.Habitual Offenders. A. As used in this chapter, the term "habitual offender" shall be defined a person who, after the effective date of this ordinance,has at least three times in any 365 day period, or five times in any 730 day period: 1. been ordered to abate a code violation after a hearing (including a hearing for which the person had notice but did not attend);or 2. has been convicted in municipal court for violation of a. Any violation of Chapter 21 of the City Code, or b. Any violation of Chapter 8 of the City Code, or C. Any violation of Chapter 5 of the City Code, or d. Any violation of the following sections of the City Code: (1) 18-75 Graffiti (2) 22-30 Abandoned Motor Vehicles (3) 29-18 Connection to public sewer required. B. Any person found to be guilty of a code violation identified in subsection A.2 and found by the court to be a habitual offender shall be punished by a fine of not less than Three Hundred Fifty and no/100 Dollars($350.00)and not less than thirty(30)days in jail. C. The Court shall not suspend imposition of sentence nor suspend execution of sentence for any person found guilty of a code violation identified in subsection A.2 and found by the court to a habitual offender unless the Court imposes probation on the person of not less than one year with at least the following conditions of probation: 5 Text amended in Substitute shown in red SUBSTITUTE —Passed as ,amended 1. The habitual offender shall post a bond in an amount determined by the Court based upon a recommendation from the Director of Planning and Protective ServicesDevelepetent Geninitinity Development or his designee. In making such a recommendation the Director of Plannin2 and Protective Services shall estimate the total expected cost to the City to abate the type of violations committed by the habitual offender assuming the habitual offender continues to commit such violations during the period of probation, as well as administrative fees and the costs to prosecute such expected violations. Such bond shall be held by the Director Planning and Protective Services who shall account separately for the bond fund of each habitual offender;and 2. The habitual offender consents in writing, in a form approved by the Court, to allow the Director of Planning and Protective Services to apply his or her bond to the costs of abating any code violation committed by the habitual offender during the term of the probation,provided however that the Director of Planning and Protective ServicesDevelopment Community Develapffiefit shall give the habitual offender not less than ten (10) days notice by registered mail of his intent to apply such bond funds, and, provided further that the habitual offender may appeal the action of the Director of Planning and Protective ServicesDevelooment Gomm Develepatent to the Court and if the Court finds after a hearing that the habitual offender did not violate the City Code, then said sums shall be refunded to the habitual offender's bond fund.The Court may stay the action of the Director for up to 45 days. D. The Court shall not suspend imposition of sentence nor suspend execution of sentence for any person found guilty of a code violation identified in subsection A.2 and found by the court to be a habitual offender of a second or subsequent conviction. (Ord. 14133, §1, 12-4-2006; Ord. 14336, §1,4-7-2008) Section 11. Chapter 19 (Motor Vehicles and Traffic), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Public Works" throughout the Chapter. Section 12. Chapter 21 (Nuisances), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Planning and Protective ServicesDeveleprnent' throughout the Chapter. Section 13. Chapter 22 (Parking Stopping and Standing), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Public Works' throughout the Chapter. Section 14. Chapter 25 (Planning and Development), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with 6 Text amended in Substitute shown in red SUBSTITUTE -Passed as Amended the term "Planning and Protective ServicesDevelepfeent" throughout the Chapter. Section 15. Chapter 28 (Restaurants and Food Code), Section 1 (Food Code Adopted by Reference), of the Code of the City of Jefferson, Missouri, is amended as follows: Sec.25-1. Food code adopted by reference. The"City of Jefferson Food Code,"adopted by the city council is made a part of this Code as fully as if set forth in its entirety. Copies of the food code shall remain on file in the office of the city clerk and in the office of the director of Planning and Protective Services and shall be available for public use, inspection and examination. Section 16. Chapter 29 (Sewers and Sewage Disposal), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Public Works" throughout the Chapter. Section 17. Chapter 30 (Solid Wastes), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Public Works" throughout the Chapter. Section 18. Chapter 31 (Stormwater), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Public Works" throughout the Chapter. Section 19. Chapter 32 (Streets and Sidewalks), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Planning and Protective ServicesDevelepment" throughout the Chapter. Section 20. Chapter 33 (Subdivision Code), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Planning and Protective ServicesDevele ent" throughout the Chapter. Section 21. Chapter 35 (Zoning), of the Code of the City of Jefferson, Missouri, is amended by replacing the term "Community Development" with the term "Planning and Protective ServicesDevelepmeat" throughout the Chapter. 7 Text amended in Substitute shown in red SUBSTITUTE -Passed as Amended Section 22. The 2010-2011 Budget of the City of Jefferson, Missouri is hereby amended by changing the personnel schedule by the reclassification of the following positions: A. Eliminating the Director of Community Development position; Pay Range 26; $84,773-$127,160. B. Eliminating the Assistant to the Director of Community Development; Pay Range 23; $63,691-$95,537 to create the Director of Public Works; Pay Range 25; $77,066-$115,600. C. Renaming the Street/Parking Division Director to the Operations Division Director and changing the pay range from 23; $63,691-$95,537 to pay range 24; $70,060-$105,091. D. Renaming the Deputy Director of Planning & Transportation to the Director of Planning and Protective ServicesDevelopmaM and changing the pay range from 23; $63,691-$95,537 to pay range 25; $77,066-$115,600. E. Renaming the Assistant to the City Administrator to the Redevelopment and Grants Division Director and moving this position from the Administration Department to the Planning and Protective ServicesDevelepment Division. No pay range modification for this position. F. Renaming the Deputy Director - Public Works to the City Engineer. No pay range modification for this position. G. Renaming the Engineering Division Director to the Engineering Supervisor. No pay range modification for this position. H. Renaming the Deputy Director for Wastewater Utility to the Wastewater Division Director. No pay range modification for this position. I. Renaming the Airport Division Director to the Airport Supervisor. No pay range modification for this position. J. Renaming one Parking Division Enforcement Officer to the Assistant Parking Supervisor and changing the pay range from 8• $26,646- $39,969 to pay range 12; $32,388-$48.582. K. Renaming the Central Maintenance Division Director to the Central Maintenance Supervisor. No pay range modification for this position. L. Renaming the Building Regulations Division Director to the Building and Inspection Division Director and changing the pay range from 20; $47,852-$71,778 to pay range 22; $57.901.55-$86,852. s Text amended in Substitute shown in red SUBSTITUTE -Passed as Amended Section 23. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: //f// i Approved: C� Presiding Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor 9 Text amended in substitute shown in red