§ 8-12. Use of City-owned real estate.

(a)

Authority. Pursuant to sections 2.03(h) and 4.02 of the City Charter, the power to control and regulate the use and management of all City-owned real estate is vested in the City Council.

(b)

Purpose. The purpose of this section is to provide for the:

(1)

Use and management of City-owned real estate for which no other ordinance provides; and

(2)

Change in use or management of City-owned real estate for which no other ordinance provides.

(c)

Use.

(1)

Where any provision of this Code or any other ordinance provides for a specific use for City-owned real estate, that use shall continue until such use is modified by ordinance.

(2)

No use of City-owned real estate shall be changed except by ordinance adopted by the City Council.

(3)

No City-owned real estate shall be used in a manner contrary to a use provided for by ordinance adopted by City Council.

(d)

Exceptions.

(1)

This section shall not apply to City-owned real estate designated for use as a community garden pursuant to the provisions of Article III, Division 5 of this chapter.

(2)

Notwithstanding subsection (c) of this section or any other provision of this Code to the contrary, no City-owned real estate shall be used as a cold weather shelter for homeless persons until:

a.

The Chief Administrative Officer has submitted to the City Council:

1.

Evidence that the Chief Administrative Officer has caused to be held one or more public meetings to allow public comment on the proposed use of such City-owned real estate as a cold weather shelter for homeless persons, together with the substance of any public comment made at any such meetings; and

2.

A written plan for operating a cold weather shelter on the City-owned real estate proposed to be used as a cold weather shelter for homeless persons that includes the specific periods of time during which such City-owned real estate is proposed to be used as a cold weather shelter for homeless persons; and

b.

The City Council has approved the use of such City-owned real estate as a cold weather shelter for homeless persons in the manner provided by subdivision (2) of subsection (c) of this section.

(Code 2004, § 26-12; Ord. No. 2007-161-157, § 1, 6-25-2007; Ord. No. 2011-50-45, § 2, 3-28-2011; Ord. No. 2018-287, § 1, 2-11-2019)

(Code 2004, § 26-12; Ord. No. 2007-161-157, § 1, 6-25-2007; Ord. No. 2011-50-45, § 2, 3-28-2011; Ord. No. 2018-287, § 1, 2-11-2019)