[HISTORY: Adopted by the Mayor and Council
of the City of Hagerstown 7-16-1991 by Ord. No. 1991-9. Amendments noted where
applicable.]
In this chapter, the following words have the
meanings indicated:
Downtown Redevelopment Area I, as established by § 43-2 of this chapter.
The Redevelopment Plan for Downtown Redevelopment Area I, as approved and adopted by § 43-3 of this chapter.
A.
Establishment of area. A redevelopment project area
for the City of Hagerstown, to be known as the "Downtown Redevelopment
Area I," is hereby established.
B.
Description of area. The geographic confines of Downtown
Redevelopment Area I are as shown and described on the Project Area
Map identified as "Drawing No. 82-054-01," dated March 1991. A copy
of this Project Area Map shall be kept on file in the office of the
City Clerk as a permanent public record, available for public inspection
and information.
The Redevelopment Plan identified as "Redevelopment
Plan for Downtown Redevelopment Area I," dated July 8, 1991, with
amendments dated August 11, 1992, and June 7, 1996, is hereby approved
and adopted. A copy of the Redevelopment Plan, as amended, shall be
kept on file in the office of the City Clerk as a permanent public
record, available for public inspection and information.
[1]
Editor's Note: This ordinance also provided that all work necessary to comply with any new requirements or applications imposed by this ordinance shall be completed promptly and, in any event, within 60 days from the issuance of a repair order by the Building Inspector, unless that 60-day period is extended by the Building Inspector, for good cause shown, in accordance with Section I of the Redevelopment Plan for Downtown Redevelopment Area I, and that if the amendments approved and adopted by this ordinance do not meet the requirements of Chapter 42 of the City Code as to the content of a redevelopment plan or as to the procedures for the preparation, approval, and adoption of amendments to a redevelopment plan, those requirements are hereby waived and the amendments approved and adopted by this ordinance are hereby exempted from those requirements.
Land uses and zoning in the project area shall
be as provided in Section D of the Redevelopment Plan.
A.
Acquisition authorized. The City may acquire, by purchase
or condemnation, for demolition, clearance, rehabilitation or redevelopment
purposes or for use as public facilities, the fee simple interest
or any lesser interest in and to the following properties within the
project area, together with all right, title, interest and estate
that the owners of those interests may have in all streets, alleys,
ways or lanes, public or private, contained within or abutting the
project area:
[Amended 6-11-1996 by Ord. No. 1996-16]
(1)
Any property specifically designated for acquisition
on Exhibit B (Property Acquisition Map, dated June 7, 1996, City of
Hagerstown Drawing No. 82-054-03) of the Redevelopment Plan.
(2)
Any one or more other properties that, as provided
in Section E2 of the Redevelopment Plan, the City Administrator considers
to be necessary and proper to effect full implementation of the Redevelopment
Plan.
B.
Relocation. The relocation of individuals, families,
business concerns and others who might be displaced as a result of
the acquisition of property under this section shall be undertaken
as provided in Section E3 of the Redevelopment Plan.
Upon its acquisition of any property under § 43-5 of this chapter, the City may undertake any of the actions described in Section F of the Redevelopment Plan.
The regulations, controls and restrictions specified in Section G of the Redevelopment Plan shall be imposed upon the sale, lease or other conveyance to a redeveloper of any property acquired by the City under § 43-5 of this chapter.
A.
In general, the rehabilitation standards set forth
in Exhibit C (Property Rehabilitation Standards for Downtown Redevelopment
Area I, dated July 8, 1991, with amendments dated August 11, 1992)
shall apply to all properties within the project area.
[Amended 9-29-1992 by Ord. No. 1992-4[1]]
[1]
Editor's Note: This ordinance also provided that all work necessary to comply with any new requirements or applications imposed by this ordinance shall be completed promptly and, in any event, within 60 days from the issuance of a repair order by the Building Inspector, unless that 60-day period is extended by the Building Inspector, for good cause shown, in accordance with Section I of the Redevelopment Plan for Downtown Redevelopment Area I and that the amendments approved and adopted by this ordinance do not meet the requirements of Chapter 42 of the City Code as to the content of a redevelopment plan or as to the procedures for the preparation, approval, and adoption of amendments to a redevelopment plan, those requirements are hereby waived and the amendments approved and adopted by this ordinance are hereby exempted from those requirements.
B.
Compliance required. The owners of all properties
within the project area, whether those properties are occupied or
vacant, shall comply with these property rehabilitation standards
within the periods, in the manner and subject to the reviews and approvals
required by Section I of the Redevelopment Plan.
A.
Designs and plans. Designs and plans for all exterior
rehabilitation, renovation or change of any kind for all new construction
and for all demolition in the project area, whether the proposed work
is required by the Redevelopment Plan or is being undertaken voluntarily
or otherwise, shall be submitted to the Building Inspector for review
and required approvals as provided in Section I of the Redevelopment
Plan.
B.
Required approvals. All approvals required by Section
I of the Redevelopment Plan and all building or other permits or approvals
otherwise required by law shall be obtained before proceeding with
the proposed work. These approvals and permits may be issued only
if the Building Inspector determines that the proposed work is consistent
with the objectives and requirements of the Redevelopment Plan and,
in addition, the Preservation Design District Commission approves
all proposed work subject to its approval under Article III of Chapter
68 of this Code.
A.
Appeals to Board. Any person aggrieved by a decision,
order or other action of the Building Inspector under the Redevelopment
Plan may request a hearing before the Board of Technical Appeals as
provided in Section I9 of the Redevelopment Plan.
B.
Waivers from Board. The Board may waive compliance
with one or more of the requirements of the Redevelopment Plan, in
accordance with and under the conditions specified in Section I9 of
the Redevelopment Plan.
Any person who violates any provision of Section
I of the Redevelopment Plan or who violates any provision of the Property
Rehabilitation Standards established by the Redevelopment Plan or
who violates any order of or condition or restriction imposed by the
Building Inspector or the Board of Technical Appeals under the Redevelopment
Plan shall be guilty of a municipal infraction and subject to a fine
of $100 for each initial violation and $200 for each day thereafter
that the violation continues.
