Please note that I’ve referred to the Local Historic Districts Act (MCL 399.201, et seq) as the LHDA, the Clarkston ordinance (152.01, et seq of the Clarkston Code of Ordinances) as the Clarkston Ordinance, and the HDC charter proposal as the Charter Proposal.
Discussion:
If the Charter Proposal states the HDC has no authority to regulate something, it means it can’t ask a property owner to apply for a permit from the HDC before doing work, it prohibits the HDC from taking regulatory or enforcement action regarding that work, and it prevents the HDC from asking the individual owner to justify the work. If the HDC disagrees with a property owner and believes that a matter is within its authority, it can ask the city council for assistance.
Notes:
This section expressly states what should be obvious from the legal limits of the HDC’s authority: If it doesn’t have legal authority to regulate something, then it can’t require property owners to apply for a permit for that and can’t take enforcement action. It is necessary to expressly say this because the HDC has taken the position that it can regulate anything, require owners to apply for permits even for something outside its authority, and post stop work orders when owners don’t do so.
Some critics suggest that deferring to an owner’s determination that their work is outside the HDC’s authority and letting the city council resolve such disputes leaves the HDC toothless because it involves the city council if there’s a dispute, but that’s no different than it is now. The HDC has no authorization under any city ordinance to obtain a stop work order and it can’t incur spending obligations without budgeted and approved funds. Our city manager is authorized to spend up to $500 without council approval but that’s only because there’s a specific ordinance allowing him to do that. The HDC has no independent authority to incur litigation or any other expenses (aside from its budget for a historic preservation architect). The LHDA, Clarkston Ordinance, and the Charter Proposal establish the actions the HDC can take if it believes there is a violation. This section has no effect on any other city permit requirements, all of which still apply.
Paid for by Susan Bisio, P.O. Box 1303, Clarkston, MI 48347 with regulated funds.)