TITLE VIII. GENERAL PROVISIONS
290—297 [Transitional provisions. Not reproduced.]
ARTICLE 88. MISCELLANEOUS PROVISIONS
298 [Reserved.].
299 Rights, duties and liabilities of city to remain as existing at time of organization.
The rights, duties and liabilities of the City of Burlington and of the Town of South Burlington, by reason of the conversion of the Town of Burlington into said two municipalities, shall remain as provided by section 31 of this Charter entitled "An act to incorporate the city of Burlington," approved November 22, 1864, and the agreement said city and town made by virtue of such section on the fifteenth day of March, 1865. All the books of record, papers and documents belonging to the Town of Burlington at the time the City of Burlington was organized shall continue to be deposited and kept in the office of the chief administrative officer of said city, copies of which, duly certified by said chief administrative officer, shall be legal evidence for all purposes for which they would have been evidence if said city had not been created, and they had been duly certified by the clerk of the Town of Burlington.
300 Copy of charter to be kept in office of chief administrative officer.
A copy of this Charter shall be kept in the office of the chief administrative officer of the City of Burlington to which shall be affixed a certificate under the hand of the secretary of state and the seal of the State of Vermont, that the laws therein contained are statute laws of the State of Vermont, and such certified copy shall be an authentic record of such laws.
301 Designation of chapter.
This chapter shall be designated as the charter of the City of Burlington.
302 [Repealed.].
303 Alteration, amendment or repeal of charter.
This charter may be altered, amended or repealed by the general assembly whenever the public good shall require.
304 Approval of section 102 by vote required.
The maximum school tax rate of one hundred twenty cents upon the dollar of the property grand list of the city, as provided for in section 102 of this Charter, shall, notwithstanding the provisions of section 102, be one hundred cents upon the dollar of said list, unless a majority of the legal voters of said city, present and voting thereon at the annual city meeting to be held on the first Tuesday in March, 1950, shall vote favorably upon the following question to be voted upon by ballot: "Shall the provisions of section 102 of the city charter providing for a maximum school tax of one hundred twenty cents upon the dollar of the property grand list of the city be approved?"
305 Approval of section 99 by vote required.
The limitation upon the tax provided by section 99 of this Charter for city purposes shall be two hundred cents upon the dollar of the property grand list, in the event that a majority of the legal voters of the City of Burlington present and voting thereon at the annual city meeting to be held on the first Tuesday in March, 1950, shall vote favorably upon the following question: "Shall the city council be authorized to assess annually upon the property grand list for city purposes a tax which shall not exceed two hundred cents upon the dollar thereof?"
306 Reserve fund of light department not to be increased without vote.
Notwithstanding the provisions of section 65 of this Charter, the special reserve fund of the light department therein provided for shall not be increased in any one year by more than ten percent of the net earnings of said department for the previous year, unless a majority of the legal voters of the city present and voting thereon at the annual city meeting to be held on the first Tuesday in March, 1950, shall vote favorably upon the following question, to be voted upon by ballot: "Shall the city council, with the approval of the board of light commissioners, be authorized to increase the reserve fund of the light department by such part of the department earnings as it may deem advisable?"
307—320 [Reserved.].
ARTICLE 89. CHURCH STREET MARKETPLACE; DISTRICT AND COMMISSION
321 Creation of downtown improvement district, church street marketplace district and marketplace.
(a) There is hereby created in the City of Burlington a special district to be known as the downtown improvement district, such district to be bounded by the shoreline of Lake Champlain on the west, the north property lines of properties fronting on Pearl Street on the north, the east property lines of properties fronting on South Winooski Avenue on the east, and the south property lines of properties fronting on Main Street to the intersection of Battery Street and then extending southerly to include properties fronting on Maple Street, on the south. The Church Street Marketplace District defined below shall also be included within the downtown improvement district.
(b) There is hereby created in the City of Burlington and within the downtown improvement district a special district to be known as the Church Street Marketplace District (district) which includes all of Church Street and the properties which have frontage thereon bounded on the north by the northernmost property line of properties bounded by Church and Pearl Streets, and bounded on the south by the southernmost property lines of properties at the northern corners of the Church and Main Street intersection, and more precisely shown on a plan entitled "Church Street Marketplace District" recorded with the chief administrative officer of the City of Burlington on June 27, 1979.
(c) The Church Street Marketplace (marketplace) shall be that section of the district now or hereafter under the direct control of the City of Burlington including but not limited to the Church Street right-of-way and adjacent sidewalks.
322 Establishment of commission.
There shall be maintained in the City of Burlington a Church Street Marketplace Commission consisting of nine legal voters of the State of Vermont, no fewer than five of whom must be legal voters of the city, who shall be appointed by the city council. On the first Monday in June, 1993, the city council shall appoint four commissioners, three for a three-year term and one for a four-year term.
(1) On the first Monday in June, 1994, the city council shall appoint one commissioner for a three-year term and on the first Monday in June, 1995, the city council shall appoint two commissioners for three-year terms. On the first Monday in June, 1999, the city council shall appoint two commissioners for a two-year term. Thereafter, all appointments shall be for three-year terms and commissioners shall serve from the first day of July following their appointment and until their successors are duly appointed and have qualified.
(2) Two members at all times shall be proprietors or managers of retail businesses which are within the Church Street Marketplace District and such members need not be residents of Burlington. Two members at all times shall be proprietors or managers of retail businesses which are within the downtown improvement district, with one of such members being located within the downtown improvement district but outside the boundaries of the Church Street Marketplace and such members need not be residents of Burlington.
(3) The commission shall organize by the election of a chair and vice-chair and by the appointment of a clerk and a treasurer. The clerk shall keep a written record of the proceedings of the commission, such record to be the property of the city. The clerk need not be a member of the commission.
(4) The manner of removal of commissioners and filling of vacancies shall be as provided in sections 129 and 130 of this chapter, and the commissioners shall, except as otherwise herein expressly provided, be subject to all other provisions of this chapter relating to public officers. (Act No. M-7, § 2, approved 3-3-15)
323 Expansion of church street marketplace district and/or marketplace.
(a) Upon recommendation of a majority of the commission to the city council, the boundaries of the Church Street Marketplace district may be expanded. Said boundaries may be expanded only if all the following conditions are met:
(1) Notification of the consideration of the expansion is given in writing to all persons owning property in the contemplated area of expansion;
(2) A legally warned public hearing on the question is conducted;
(3) Two-thirds of the membership of the city council present and voting approve the extension; and
(4) The expanded boundaries do not extend beyond the boundaries of the downtown improvement district above defined.
(b) Upon advice of the commission to the city council, that section of the district now or hereafter defined as the marketplace may be expanded or not within the downtown improvement district, subject to the same restrictions listed under (a) above.
324 Purposes and powers.
(a) The city council shall have authority and responsibility for the management of the Church Street marketplace district, its services and facilities. The city council shall have the responsibility to establish, improve and maintain a marketplace within the district.
(b) In furtherance of its purpose, the city council shall have the following rights, powers and duties:
(1) To exercise the powers set forth in the first paragraph of section 231 of this Charter with respect to the marketplace; provided that, in relation to the electric light department, the commission shall have the same status as a private user;
(2) To acquire on behalf of the city by gift, purchase, exercise of the power of eminent domain, or otherwise, all types of interests in real property and rights-of-way which will become part of the marketplace to be used in connection therewith;
(3) To construct or contract for the construction of improvements of any kind or nature necessary or convenient for the establishment or operation of the marketplace;
(4) To pay, from the funds provided for herein, the whole or any portion of the cost of constructing and maintaining such improvements, including the cost of preliminary planning for the marketplace;
(5) To prohibit in whole or in part vehicular traffic, other than motor vehicle traffic on the marketplace, and to recommend to the public works commission the prohibition or regulation of motor vehicle traffic within the downtown improvement district;
(6) To recommend to the planning commission the imposition of restrictions on the height, use and exterior appearance, including restrictions on the use of signs, for buildings fronting on the marketplace; such restrictions to be imposed only after notice and public hearings and, except for the use of signs, such restrictions to be prospective in nature;
(7) To make such improvements within the Church Street Marketplace district as are necessary or convenient to the operation of the marketplace;
(8) To enter into contracts in the name of and on behalf of the city with state or federal agencies, including without limitation the Chittenden County Transportation Administration, as may be necessary or convenient to carry out the purpose of this article;
(9) To lease space, including air rights, in, below and above the marketplace but only in compliance with section 55 of this Charter;
(10) To appoint such employees and agents as it may deem necessary or expedient for the operation of the marketplace. The director shall be appointed by the mayor in accordance with the requirements of section 127 of this Charter. The director shall have the special and immediate care and practical supervision of the marketplace, subject to the authority of the mayor as chief executive officer and the orders and ordinances of the city council;
(11) To enter into management and maintenance contracts to facilitate the carrying out of any of its powers and duties enumerated herein, such contracts to be, where the commission deems it appropriate and practicable, with operating departments of the city;
(12) To issue permits for various uses in the marketplace, and to adopt regulations and charge fees for such issuance;
(13) To charge rentals and fees for its services and for use of space in the marketplace;
(14) To receive and expend voluntary contributions for the carrying out of its purposes;
(15) To advertise and promote the marketplace and its activities pursuant to this section when the commission determines that such advertisement and promotion will promote the prosperity and general welfare of the citizens of the City of Burlington and of the state;
(16) To do all other things necessary or convenient to carrying out the purposes of this article. Nothing herein shall be construed to mean that the city council may interfere with or regulate the internal management of properties within the district.
(c) The city council may by resolution delegate any of the powers relating to the downtown improvement district and the Church Street marketplace district to the Church Street marketplace commission.
325 Annual taxation for downtown improvement district; free parking for two hours in public lots and garages; annual budget of church street marketplace district.
(a) The Church Street Marketplace commission shall annually recommend and the city council shall annually assess upon nonresidential properties (as defined in Sec. 81 hereof) located within the downtown improvement district a tax upon the dollar of the property grand list to be used for the herein enumerated purposes of the downtown improvement district, which tax shall not exceed $0.12 unless a larger amount has been authorized by the city council upon affirmative recommendation of the Church Street Marketplace commission. The revenues from such tax will be utilized for the purpose of providing a parking program which shall include not less than two free hours of parking for anyone parking in any designated municipally or privately owned or operated parking garage or parking lot located within the downtown improvement district pursuant to regulations to be established by the public works commission.
(b) Annual budget. The commission shall prepare a proposed budget for each fiscal year showing the proposed expenditures and anticipated receipts of such year. The estimated net cost of operation of the marketplace, after taking account of all anticipated receipts available to meet such cost, shall, on or before the fifteenth day of April, 1980, and annually thereafter, be reported to the mayor to be incorporated, with such changes as he or she deems expedient, into the annual budget to be submitted to the city council for the next fiscal year. In adopting an appropriation for operation of the marketplace, the city council shall not determine that any portion thereof be raised by the city tax levy.
326 Common area fees.
(a) Common area fees are charges levied upon the owners of taxable properties located in the district which shall be used to defray the expenses incurred by the city in connection with the operation, maintenance and repair of the marketplace.
(b) Any amount appropriated under section 325 of this Charter which is not anticipated from gifts, grants, voluntary contributions, and rentals and fees other than common area fees shall be raised by common area fees. The city council after not less than one duly warned public hearing shall propose standards to aid in the determination of the benefit described herein. The city council after public hearing and after considering the advice of the commission shall establish standards to aid in the determination of the benefits described herein and shall levy such common area fees upon such properties in the proportion that it judges such properties to be benefited by the construction and/or operation of the marketplace. An important but not necessarily exclusive factor in determining the extent to which the fair market value of such property has been enhanced by virtue of the construction and/or operation of the marketplace. The amount raised by such assessments shall be appropriated to the Church Street marketplace district.
(c) The city council shall set such common area fees for the ensuing fiscal year no later than June 15 of each year, and in doing so shall have given twelve days’ notice of the time and place of hearing to the parties interested and shall set forth in its notice a complete schedule of all common area fees set by it and of the properties so assessed. During the twelve days’ notice period all parties so assessed, if aggrieved, may appeal, in writing, the assessment to the city council. The city council, immediately following termination of the twelve days’ notice period and after soliciting the advice of the commission, shall make final determination of common fees and shall cause such decision to be recorded in full by the chief administrative officer; and when such decision is so recorded, the amount so assessed shall be and remain a lien in the nature of a tax upon the properties so assessed, until the same shall be paid, or such lien is otherwise discharged by operation of law. The city assessor, at the expense of the district, shall thereupon forthwith notify in writing the owner or owners of record as of April 1 of each year of properties so assessed, their agents or attorneys, stating therein the amount of such fees, and such fees shall be due and payable to the chief administrative officer in four installments, on the fifteenth day of August, November, March and June following the making thereof. Notice shall be deemed adequate if made by publication of notice not less than three times not less than five days nor more than twelve days preceding each installment date. Such notice may also be given by including such common area fees upon the property tax bill mailed to the owners of taxable properties within the district.
(d) [Reserved.]
(e) Any person owning or interested in properties so assessed who is dissatisfied with the amount of such fee shall have the right to judicial review of the city council’s decision. Such review shall be initiated by first paying the first installment of the fee so assessed under protest and by filing a notice of appeal in the Chittenden Superior Court within twenty days following August 12 of each year. Notwithstanding the filing of a notice of appeal, all subsequent installments of such fee must also be paid under protest before the court shall have subject matter jurisdiction to render a judgment affecting any such installment. A copy of such notice of appeal shall be served upon the Burlington chief administrative officer. The proceeding before the superior court shall be de novo and the appellant may demand trial by jury. An appeal from the determination of the superior court may be taken to the Vermont Supreme Court, pursuant to the Vermont Rules of Civil and Appellate Procedure. The pendency of such proceedings shall not vacate the lien created upon the properties assessed. Should the court find that a common area fee assessed against an appellant to have been excessive, it shall order the excess payment to be refunded together with such interest thereon that it shall deem appropriate. When such proceedings shall be finally determined, a duly certified copy thereof shall be duly recorded by the chief administrative officer in the records of streets and highways in said chief administrative officer’s office, within twenty days after the final determination of such proceedings. The amount assessed in such proceedings shall be and remain a lien in the nature of a tax upon the properties so assessed until such assessments are fully paid to the chief administrative officer of the city. In case no assessment shall be made in such proceedings, such records shall discharge said properties from all liens created by the assessments thereon made by the city council as aforesaid.
(f) If the owner or owners of any property so assessed shall neglect to pay to the chief administrative officer any quarterly installment of such fee on the date such installment is due and payable, the amount of such installment shall be increased by a penalty of five percent. If such installment increased by the five percent penalty is not paid by the 15th day of the month after the date upon which it became due and payable, it shall be delinquent and the chief administrative officer shall increase the amount due by an additional one percent of the original installment. On the 15th day of every month thereafter that the installment or any part thereof remains due, the chief administrative officer shall add to the total amount due an additional amount equal to one percent of the original installment, or any portion thereof, remaining unpaid. The chief administrative officer shall issue a warrant for the collection thereof. The amount due from any person against whom a common area fee has been assessed shall thereafter be deemed to be the amount of any such installment or delinquent portion of such original common area fee increased by all penalties and interest accruing thereon to date and also twelve percent interest, compounded annually on all of such delinquent amounts and any penalties and interest added thereto, from the date of such warrant. The city shall proceed to collect the same in the manner prescribed in this Charter for the collection and enforcement of assessments made in laying out or altering streets and highways.
(g) The mayor, two members of the city council and two members of the commission, on appointment of the city council, shall constitute a board for the abatement of assessments whenever the same are illegal or in the judgment of the board cannot be collected or are manifestly unjust.
(h) Meetings of such board shall be convened in the manner herein prescribed for calling special meetings of the city council; and notice thereof signed by the mayor or chief administrative officer, and shall be given to all persons paying common area fees by the publication of notices for two days in all the daily newspapers printed in the city, the first of which publication shall be not more than ten days, and the last not less than three days prior to said meeting. Whenever any common area fee, or any part thereof, is abated, the chief administrative officer shall make a minute of such abatement on the original assessment on file in his or her office on the margin of the record thereof.
327 Powers supplemental; construction.
(a) The powers conferred by sections 321 through 326 hereof are supplemental and alternative to other powers conferred by law, and these sections are intended as an independent and comprehensive conferral of powers to accomplish the purpose set forth herein.
(b) The provisions of these sections shall be liberally construed in order to effect their purpose.
(c) If any provision of these sections shall be held invalid in any circumstance, such invalidity shall not affect any other provisions or circumstances.
(d) These sections shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of these sections, all steps shall be taken which are necessary to meet constitutional requirements whether or not such steps are required by statute.
328—329 [Reserved.].
330 Board of tax appeals.
A board of tax appeals, constituted in the manner set forth in section 91 of this Charter, is created. The board shall have the same duties and proceed in the same manner to hear and determine tax appeals as a board of civil authority under subchapter 1 of Title 32 of Vermont Statutes Annotated except as otherwise provided in this Charter. Appeals from decisions of the board of tax appeals or from the board of civil authority as referenced in section 92 of this Charter shall be controlled by subchapter 2 of Title 32 of Vermont Statutes Annotated, except that the city assessor may appeal subject to the approval of the city board of finance. The board shall organize each year by the election of a chair, vice-chair and clerk. The manner of removal of board members and filling of vacancies shall be as provided in sections 129 and 130 of this Charter and the board members shall, except as otherwise herein expressly provided, be subject to all other provisions of this Charter relating to public officers.
ARTICLE 90. COMMUNITY AND ECONOMIC DEVELOPMENT
331 Creation of community and economic development office.
There is hereby created in the City of Burlington a community and economic development office.
332 Purposes and powers.
(a) Subject to the orders and ordinances of the city council, the community and economic development office shall develop and implement a comprehensive community and economic development strategy.
(b) In furtherance of its purpose, the community and economic development office shall, subject to the orders and ordinances of the city council, have the following rights, powers and duties:
(1) To work on behalf of the City to stimulate investment, and to attract, retain, and encourage the development of both existing and new economic enterprises.
(2) To develop, coordinate, implement, and administer economic and community development strategies and projects for the City.
(3) To develop, coordinate, implement, and administer a comprehensive program to address the City’s housing needs.
(4) To develop, coordinate, implement, and administer waterfront development activities other than those activities which the Planning Commission and the city council must exercise under the Vermont Planning and Development Act.
(5) To recommend to the city council, and to solicit on behalf of the city council, grants-in-aid funds for the City.
(6) To administer Community Development Block Grants and Urban Development Action grants and to manage such grants-in-aid programs in accordance with the laws and regulations pertaining thereto.
(7) To coordinate and facilitate citizen participation in economic and community development with community organizations, City commissions, and the Neighborhood Planning Assemblies.
(8) To do all other things necessary or convenient to carry out its purposes in accordance with Vermont Statutes Annotated.
333 Department to be under supervision of director.
The management, direction and control of the community and economic development office shall be vested in the director, subject to the orders and ordinances of the city council.
334—350 [Reserved.].
ARTICLE 91. BURLINGTON CITY ARTS OFFICE
351 Creation of Burlington City Arts.
There is hereby created in the City of Burlington a Burlington City arts office.
352 Purposes and powers.
(a) Subject to the orders and ordinances of the city council, Burlington city arts shall develop and implement a strategy to enhance the cultural enrichment of the people of the greater Burlington area.
(b) In furtherance of its purpose, Burlington city arts shall, subject to the order and ordinances of the city council, have the following rights, powers and duties:
(1) To plan, develop, coordinate, implement and administer a broad spectrum of high quality arts programming and services that is accessible to all sectors of the community regardless of economic, social or physical constraints.
(2) To support Vermont artists and nurture native talent by making available performance, gallery and rehearsal space; providing technical assistance and awarding grants and prizes.
(3) To foster partnerships in the arts, education, human service and business communities for the production of cultural events.
(4) To receive and spend voluntary contributions for the carrying out of its purposes.
(5) To do all other things necessary or convenient to carrying out its purposes in accordance with Vermont Statutes Annotated.
353 Department to be under supervision of director.
The management, direction and control of Burlington city arts shall be vested in the director, subject to the orders and ordinances of the city council.
354—360 [Reserved.].
ARTICLE 92. PERSONNEL DEPARTMENT
361 Creation of human resources department.
There is hereby created in the City of Burlington a human resources department.
362 Purposes and powers.
(a) Subject to the orders and ordinances of the city council, the human resources department shall be responsible for the administration of human resources policies and services.
(b) In furtherance of its purpose, the human resources department shall, subject to the orders and ordinances of the city council, have the following rights, powers and duties:
(1) To develop and administer position classification and salary plans.
(2) To prepare, recommend and implement policies and procedures for human resources administration.
(3) To assist in the recruitment, testing, selection and hiring of employees.
(4) To direct employee orientation, training, counseling and career development in conjunction with department heads.
(5) To review performance evaluations.
(6) To administer, in conjunction with the treasurer’s office, the city health insurance and life insurance programs and workers’ compensation plans.
(7) To administer in conjunction with the chief labor negotiator, the terms and conditions of the collective bargaining plans.
(8) To assist in the administration of the employee grievance procedures.
(9) To do all other things necessary or convenient to carry out its purposes in accordance with Vermont Statutes Annotated.
363 Department to be under supervision of director.
The management, direction and control of the human resources department shall be vested in the director, subject to the orders and ordinances of the city council.
364—369 [Reserved].
ARTICLE 92A. DEPARTMENT OF PERMITTING AND INSPECTIONS
370 Creation of department of permitting and inspections.
There is hereby created in the City of Burlington the Department of Permitting and Inspections that shall combine the permitting and inspection functions of the previously existing Planning and Zoning Department, Inspection Services Division of the Department of Public Works, and Code Enforcement Office.
(Act No. M-6, § 2, approved 5-23-19)
371 Purposes and powers.
(a) Subject to the orders and ordinances of the City Council, the Department of Permitting and Inspections shall provide a single location to obtain permits and inspection services for all zoning, building, plumbing, electrical wiring, and minimum housing and rental unit matters.
(b) In furtherance of its purpose, the Department of Permitting and Inspections shall, subject to the orders and ordinances of the City Council, have the following rights, powers, and duties:
(1) to review development projects and ensure compliance with the City’s building codes, land use bylaws, historic preservation guidelines, design, and subdivision standards;
(2) to issue permits, as provided in State law and local ordinances, for building, zoning, and related matters;
(3) to conduct inspections, as provided in State law and local ordinances, of buildings, plumbing systems, electrical wiring, and related matters;
(4) to conduct inspections to ensure compliance with zoning requirements and zoning, building, or related permits;
(5) to conduct inspections of rental housing units to ensure compliance with the Minimum Housing Code or other housing codes;
(6) to notice and enforce violations of building, zoning, minimum housing, and other laws, regulations, codes, or ordinances, as provided therein; and
(7) to carry out the orders of the Board of Health.
(Act No. M-6, § 2, approved 5-23-19)
372 Department to be under supervision of director.
The management, direction, and control of the Department of Permitting and Inspections shall be vested in the Director, subject to the orders and ordinances of the City Council.
(Act No. M-6, § 2, approved 5-23-19)
373 Powers, duties, and responsibilities of zoning administrative officer.
(a) The Zoning Administrative Officer shall have all of the powers, duties, and responsibilities as are provided in the Vermont Planning and Development Act to an administrative officer. The Director of Permitting and Inspections may also serve as the Zoning Administrative Officer.
(b) The Zoning Administrative Officer may delegate any or all of the Officer’s authority under the Vermont Planning and Development Act to one or more assistant administrative officers as are qualified. Any such delegation must be made in writing and posted in the department offices.
(Act No. M-6, § 2, approved 5-23-19)