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HomeMy WebLinkAbout5. Village Code Discussion 05/12/2015Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR AND VILLAGE BOARD OF TRUSTEES FROM: ACTING VILLAGE MANAGER DAVID STRAHL DATE: MAY 7, 2015 SUBJECT: REVIEW OF SUNSET/UNENFORCEABLE ORDINANCES Prospect Staff has reviewed the ordinances and have found a few ordinances that are slated for sunset in the next several years and those have been singled out for ordinance modifications at the time those ordinances are closer to the actual sunset dates. Among those ordinances slated for sunset include Special Service Area 5. As part of the review of unenforceable ordinances there were not a significant number that would be considered "unenforceable" the majority of the ordinances fell into two main categories, administrative modifications and outdated regulations. One set of ordinances relates to the general operation of the Village administratively and the need to update the actual details of how the Village organization operates. For example, the Village Clerk is supervised through the Village Manager's Office, but a reference to the Village Clerk still exists under the Finance Department chapter as to supervision of the Village Clerk, which has no relevance. The Finance Department article also defines a Village Comptroller and Village Treasurer which no longer exist. Another example is the establishment of a legal department from 1967, but there is no actual legal department supervised by the Village Attorney. Also, there is no section establishing the department of Human Services. Overall, a general clean-up of operational references not reflective of current procedures is needed. The other set of ordinances relate to cleaning up ordinances and sections of the Village Code that have either been pre-empted through other state or federal legislation or just no longer apply. For example, Chapter 6 regarding the telecommunications registration requirements have been pre-empted and should be removed. In addition, Chapter 8 has a section regarding Employee Organizations which describes the process for the Village to negotiate and deal with employee unions, this section has been pre-empted by state law and is no longer needed. The zoning, sign code, building code, flood plain, and fire prevention codes have been updated regularly as new national or regional code requirements are adopted and are not out of date. The Community Development staff is planning to review the sign code Re: REVIEW OF SUNSET/UNENFORCEABLE ORDINANCES May 7, 2015 Page 2 and make any recommended changes to the code as it relates to changes that would be more in keeping with current signage trends and assist businesses with promoting their establishments without degrading the main benefits of the code to maintain a standardized appearance later this year. The Community Development department staff is also planning a comprehensive review of the zoning code and provide recommendations of any changes in late 2015. A total re -codification of the Village Code could take up to two years of staff and legal work and have to be specifically budgeted for inclusive of a codification expense of $25 per page. Staff has historically limited the codification expenses by sending one chapter at a time when there are significant changes to minimize the cost of the codification process. In order to minimize the time required to update the Village Code and limit expenses staff would recommend a review with the Village Attorney and staff to identify the chapters that need to be revised and the changes needed to bring the code up to date on a chapter by chapter basis. Also, in the future as changes are made to the code staff will review the entire chapter or applicable article to ensure the change that is made does not conflict with any other sections and will confirm the entire chapter or article is accurate instead of the piece meal changes that have been made in the past. There is not sufficient staff time available to direct toward a total recodification without significantly impacting existing work processes and needs. DAVID STRAHL c: Village Clerk Lisa Angell H:\VILM\Cow\2015\COW Memo Ordinance Review.docx Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: ACTING VILLAGE MANAGER DAVE STRAHL FROM: VILLAGE CLERK DATE: MAY 7, 2015 SUBJECT: VILLAGE CODE Prospect The Village of Mount Prospect Municipal Code (Village Code) was adopted by Ordinance No. 534 on January 15, 1957. On February 5, 1957 with the passage of Ordinance No. 535 the process of amending the Village Code began. Since that time the original Village Code has undergone numerous revisions; updated as regulations are added or modified. Throughout this period the Village has routinely codified the ordinances. Codification, the compilation of ordinances enacted by the Village intended to be permanent in nature, is provided by Sterling Codifiers; on-line and hard copy. After decades of revisions and recognition of the need to update the administrative organization outlined in the Village Code staff initiated a comprehensive overview of the Village Code in 2008. Prior to the project coming to a standstill in March of 2009 when staff time was redirected, a general summary of items subject to change was compiled. The items subject to change were primarily associated with administrative organization; removal of outdated organizational practices and procedures. Since that time staff have identified a few other items that require updating; none of which impact the enforcement of the Village's rules and regulations. Although the project has remained on hold for the last few years, the Village Clerk has explored options with the Village's codifier on how to address these particular issues in the most efficient manner. In consideration of the cost, the codifier has consistently recommended the organizational structure and procedural revisions be made in conjunction with other updates to that section of the code. While this approach may be more cost-effective, the increased use of the on-line Village Code suggests it may not be the best approach to ensure public access to the Village's most up to date rules and regulations. A clear and concise Village Code is an essential and valuable resource for both staff and residents. In consideration of this massive undertaking, discussions with the Village Attorney and Acting Village Manager Dave Strahl suggest a complete review with incremental (chapter by chapter) clean-up of outdated sections of the Village Code may be the best approach. In addition to producing an up to date document, a primary objective of the long-term Village Code May 7, 2015 Page 2 of 2 project is to stream -line the Village Code by eliminating procedures/practices that are not required in the Village Code. Thereafter, as part of the process to update/revise the Village Code, a full review of the article and/or chapter affected by the proposed change will be conducted by staff to determine if there are other changes to be made. This additional step will enhance the review process already in place with the cod ifierto minimize conflicts and oversights within the code before an ordinance is presented for consideration. Staff will be available at the May 12, 2015 Committee of the Whole meeting to respond to questions. M. Lisa Angell