CITY of ALBUQUERQUE
TWENTY SIXTH COUNCIL
COUNCIL BILL NO. O-25-73 ENACTMENT NO. ________________________
SPONSORED BY: Renée Grout, Nichole Rogers
ORDINANCE
title
Amending The Integrated Development Ordinance Regarding Appeal Costs (Grout, Rogers)
body
AMENDING THE INTEGRATED DEVELOPMENT ORDINANCE REGARDING APPEAL COSTS.
WHEREAS, Policy 4.1.4 states that “Neighborhoods: Enhance, protect and preserve neighborhoods and traditional communities as key to our long-term health and vitality.”
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. The IDO Section 6-4(U)(5) Appeal Costs is amended as follows:
6-4(U)(5) Appeal Costs:
(a) For an appeal to the LUHO related to an application that was denied, all parties shall be responsible for their own costs.
(b) For an appeal to the LUHO related to an application that was approved, if the appellant loses their appeal, they shall be responsible for paying a total of $1,000 for the costs and fees of the appellee. A finding on costs and fees shall be made by the LUHO. The $1,000 amount shall not apply to any individual appellant that demonstrates hardship, low income or indigent status, or entity appellant that has a majority of its area within an area that has an overall score of 50 or greater on the City of Albuquerque’s Social Vulnerability Index, as determined by the LUHO’s discretion.
SECTION 2. SEVERABILITY. If any section, paragraph, sentence, clause, word or phrase of this Ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 3. COMPILATION. SECTION 1 of this Ordinance amends, is incorporated in, and is to be compiled as part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 4. EFFECTIVE DATE. This Ordinance takes effect five days after publication by title and general summary.
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