AN ORDINANCE

BY VICE MAYOR BYINGTON NO 4963

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OAKWOOD SO AS TO REZONE LOT 1870 PT FROM THE R-1 RESIDENTIAL ZONING DISTRICT TO THE R-3 RESIDENTIAL ZONING DISTRICT.

A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Vice Mayor Byington explained that this is an ordinance to rezone a lot at 409 Rubicon Road. The property owner owns two adjacent lots, one of which is zoned in the R-3 zoning district and the other of which is zoned in the R-1 zoning district. The homeowner is in the process of consolidating the two lots into a single lot, and has asked Council to put a single zoning classification on the entire property.

The request was already heard by the Oakwood Planning Commission on September 7, 2022, and they recommended approval by a unanimous vote. Council held its own public hearing the October 3, 2022 meeting and the matter is ready for a vote tonight.

Thereupon, it was moved by Vice Mayor Byington and seconded by Mrs. Hilton that the ordinance be passed.

Upon call of the roll on the question of the motion, the following vote was recorded:

MR. WILLIAM D. DUNCAN YEA
MR. STEVEN BYINGTON YEA
MR. ROBERT P. STEPHENS YEA
MRS. ANNE HILTON YEA
MRS. LEIGH TURBEN YEA

There being five (5) yea votes and no (0) nay votes thereon, said ordinance was declared duly passed and it was so ordered.

AN ORDINANCE

BY MRS. TURBEN NO 4965

AN ORDINANCE AMENDING SECTION 151.03, DISPOSAL OF LOST, ABANDONED, STOLEN, SEIZED OR FORFEITED PROPERTY, OF THE OAKWOOD ADMINISTRATIVE CODE TO ELIMINATE THE 60-DAY HOLDING PERIOD FOR CERTAIN TYPES OF PROPERTY AND TO PROVIDE FOR ONLINE NOTIFICATION.

A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Mrs. Turben explained that this is an ordinance to update Oakwood's procedures for handling certain kinds of abandoned property. From time to time, the Safety Department takes possession of lost, abandoned, stolen, seized or forfeited property. It is generally held for 60 days and then disposed of pursuant to Section 151.03 of the Administrative Code.

This code section has not been interpreted to apply to stray dogs in the past because the hold time is usually on a very short, temporary basis and then they are transferred to the Montgomery County Animal Resource Center (ARC). However, for several months ARC has been so full, and understaffed, that they are often unable to take animals. Under these circumstances, the City Attorney has opined that dogs recovered by the Department may fall within the application of Section 151.03, which would require the city to hold them for 60 days prior to disposition.

In order to allow for quicker disposition, this ordinance would amend the Oakwood Administrative Code so the 60-day holding period would not apply to animals, perishable items, and similar types of property where a long holding period would be unreasonable. The ordinance also updates the procedures used to notify potential owners of property in the city's custody, allowing the City to post information on the city website or social media accounts where appropriate.

This was a first reading of the ordinance, so Mrs. Turben made no motion.