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Black Hawk bucks new state housing law

MINDY LEARY
Posted 10/30/24

BLACK HAWK - On October 23, 2024, the Black Hawk City Council reaffirmed its authority over housing regulations by passing Council Bill No. 18, which directly challenges the provisions of Colorado House Bill 24-1007. The council’s unanimous decision reflects their belief that housing regulation is a local matter best handled by municipalities, not the state.

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Black Hawk bucks new state housing law

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BLACK HAWK - On October 23, 2024, the Black Hawk City Council reaffirmed its authority over housing regulations by passing Council Bill No. 18, which directly challenges the provisions of Colorado House Bill 24-1007. The council’s unanimous decision reflects their belief that housing regulation is a local matter best handled by municipalities, not the state.

House Bill 24-1007, effective on July 1, 2024, prohibits local governments from enforcing housing occupancy limits, unless tied to health/safety standards or affordable housing guidelines. 

However, Black Hawk’s municipal code limits “family” occupancy to no more than three unrelated individuals per dwelling, putting it at odds with the state law. To safeguard its local authority, the council passed new legislation to protect its right to regulate housing occupancy.

The council, led by Mayor David Spellman, includes Aldermen Paul Bennet, Jim Johnson, Greg Moates, Benito Torres, Linda Armbright, and Hal Midcap. All members were present for the unanimous passage of CB18. 

This ordinance amends Chapters 16 and 17 of the Black Hawk Municipal Code by adding Sections 16-25 and 17-31, which reaffirm the City's home rule authority under the Colorado Constitution.

The ordinance strongly rejects the state’s position, stating that housing occupancy regulation is a purely local concern. Black Hawk’s regulations are designed to protect the health, safety, and welfare of its residents, and the council argued that the state’s attempt to impose uniform occupancy standards undermines the City’s ability to govern its unique community.

In addition to housing matters, the council also approved Council Bill No. 19, which formalized an intergovernmental agreement (IGA) between the City of Black Hawk and Gilpin County. 

Under this agreement, the Black Hawk Police Department will temporarily provide dispatch services to the Gilpin County Sheriff’s Office for one year. The coverage will cost Gilpin County $50 per hour, totaling $62,400 for 1,248 hours of service. 

The IGA was approved by the Gilpin County Board of County Commissioners on Tuesday, October 22, at their regular board meeting. The agreement provides much-needed relief to Gilpin’s stretched dispatch staff.

During the meeting, the council introduced Henry Sinkiewicz, who heartily rang the bell, as Black Hawk’s newest Water Utility Operator. Originally from Virginia, he brings his expertise in environmental science and water management. 

Other items on the agenda included the approval of a contract for holiday decorations in the amount of $225,000 and updates to the City's sign code. 

The next council meeting, originally scheduled for November 6, has been rescheduled to November 13. There will be no other meetings in November. The last meeting of the year will be on December 11, 2024. 

The next regular meeting of the Black Hawk City Council is scheduled for November 13, 2024, at 3 p.m. in the Council Chambers located at 211 Church Street, Black Hawk, Colorado.