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172 <br /> <br />penalties for illegal demolition of historic properties was <br />unanimously approved by COuncil. <br /> <br /> WHEREAS, it is in the best interest of the City of <br />Charlottesville that a new section relating to establishment <br />of civil penalties for wrongful demolition of buildings <br />covered by the City's historic preservation ordinance be <br />added to the City Charter; now, therefore, <br /> <br /> BE IT RESOLVED by the Council of the City of <br />Charlottesville, Virginia, that. the General Assembly ia <br />requested to approve the addition of a new City Charter <br />section, numbered 50.6, to read as follows: <br /> <br /> Section 50.~6. Authority of City Council to impose civil <br />penalties for wrongful demolition of historic buildings. <br /> <br /> A. Notwithstanding the provisions of any state law <br />which authorize civil penalties for the violation of a local <br />zoning ordinance, City Council may adopt an ordinance which <br />establishes a civil penalty for the demolition, razing or <br />moving of a building or structure without approval by the <br />board of architectural review or City Council, when such <br />building or structure is subject to the City's historic <br />preservation zoning ordinance. The penalty established by <br />the ordinance shall not exceed twice the fair market value of <br />the building or structure, as determined by the City real <br />estate tax assessment at the time of the demolition. <br /> <br /> B. An action seeking the imposition of such penalty <br />shall be instituted by petition filed by the City in Circuit <br />Court, which shall be tried in the same manner as any action <br />by law. It shall be the burden oft he City to show the <br />liability of the violator by a preponderance of the evidence. <br />An admission of liability Or finding of liability shall not <br />be a criminal conviction for any purpose. The filing of any <br />action pursuant to this section shall preclude a criminal <br />prosecution for the same offense, except where the <br />demolition, razing or moving has resulted in personal injury. <br /> <br /> C. The defendant may, within 21 days after the filing <br />of the petition, file an answer and without admitting <br />liability, agree to restore the building or structure, as it <br />existed,prior-to demotition~ If the~restoration is completed <br />within the time agreed upon by the parties, or as establlshed <br />by the court, the petition shall be dismissed from the <br />court's docket. <br /> <br /> D. Nothing in this section shall preclude action~by the <br />zoning administrator under Virginia Code section 15.1-491(d) <br />or by the governing body under Virginia Code section <br />15.1-499, either by separate action ~r as a part of the <br />petition seeking a civil penalty. ~ <br /> <br /> BE IT FURTHER RESOLVED that the Clerk of Council shall <br />transmit to the City's legislators a certified copy of this <br />resolution. <br /> <br />STAFF REPORT: <br /> <br />DRUG TASK FORCE RECOMMENDATIONS <br /> <br /> Mr. Hendrix reviewed the positions and programs <br />recommended for addressing the drug problem and explained <br />that he favored slight modifications as follows: $18,000 - <br />urban blight; $20,000 - sports and:recreation; $45,000 - drug <br />education coordinator; $35,000 - drug counseling in schools; <br />$32,500 - adult counselor; $32,500 - youth counselor; $25,000 <br />- Region Ten Outreach Center; $167,944 - six police patrol <br />officers; $28,000 - one position in Commonwealth's Attorney <br />office. Mr. Hendrix explained that the prospects of <br />receiving a significant amount of funding from a federal <br />grant were looking less favorable. Mr. Hendrix re-emphasized <br />that if the recommendations of the Drug TaSk Force are <br />funded, then there will be no funding available in the FY <br /> <br /> <br />