10/29/1979 Meeting - Laserfiche WebLink

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. e The City Attorney's office is not deviatinq from that general quideline. Moratoriums involve problems and risks. He would caution Council that it is not lawful to impose a moratorium simply to obtain a delay. Mora- toriums result from a specific need because certain actions will be frustrated otherwise. The problem of whether a moratorium ordinance is lawful depends on the lawfulness of levyino it and the terms of that ordi nance. It is not possible for Council to make such a determination at this time because there is not ample aroundwork. He emphasized to Council that its authority to impose a moratorium is not free from doubt. Previous cases elsewhere have restricted that authority. There are some risks, but they are not ov~rwhelminq. Another factor is the duration of a moratorium. The shorter a moratorium, the more likely it will be to be upheld in court. Moratoriums for more than six months are suspect. The scope of the moratorium is also critical. It would need to be determined whether it would affect all condominium conversions in the city, all condominium conversions in a certain area, or condominium conversions affectinq one or more particular qroups of people. Aaain, the smaller the scope, the better. Lastly, he said, with reaard to land use qoals, and because of the potential effect on private property interests, the justification and findinqs are extremely important. In this particular case, he is convinced that indirectly there is evi- dence that could form a basis for a moratorium. It is also true that there is evidence that could be the basis for not qoina forward. The \ e ,iudqment Council must make is one within its own preroqatives. If Council wishes to proceed with a moratorium, Mr. Long said, Council should decide the qeneral direction it wishes to 00 and the behavior it desires to requlate, and then oive staff the opportunity to draft a specific ordinance for consideration realizinq, of course, that this processwill take more time. Mr. Lona also mentioned that he has been asked about certain tax issues. The City's authority to impose a tax is one of its more clear-cut autho- r i ties . While the City may not be able to tell someone what he/she can do with his/her profit, they probably have the power to tax the venture itself. In response to questions from Ms. Miller, he said he felt that the City could increase notice time before eviction, could provide that certain defined classes of people could not be evicted at all, could requlate the pace of conversion, and could prohibit conversions except upon a percentaqe affirmative vote of the tenants. Mr. Delay wondered if the City could be liable between now and the time the ordinance would be hrouqht back. Mr. Lonq said that nothinq sub- stantial should occur between now and that time. Ms. Smith wondered whether the City would run the risk of incurring financial liahility in establishinq a moratorium. Mr. Lonq said that this is not likely. Mr. Obie wondered if there would be a risk if a developr could prove he was damaqed. Mr. Lonq said the key question is e 59h 10/29/79--7