[Adopted 5-17-2021 by Ord. No. 1051]
Whenever the Mayor and City Council of Havre de Grace, as a legislative body, or the Mayor of the City of Havre de Grace in his capacity as chief executive of the City, are parties to a lawsuit which involves the interpretation or construction of a City Charter provision, a City Code provision, a City ordinance, Council resolution, or a contract or other agreement, then all future acts that would ordinarily occur under such Charter or Code provision, ordinance, resolution or contract shall be stayed and no new permits shall be issued or further City approvals shall be granted with regard to the specific Charter or Code provision, or ordinance, resolution or contract which is the subject to the lawsuit, until such time as the lawsuit is finally concluded and after all appeals have been taken or the time for appeal has expired. This moratorium shall act as a temporary stay of the issuance of any permits or granting of City approvals (including those that might be granted by the Planning Commission or Board of Appeals) and is self-executing and does not require the City to file a motion to stay in any court.
The permits or City approvals which are subject to this moratorium include those which would issue under the City Code, including, but not limited to, grading permits, building permits, use and occupancy permits, and any Planning Commission, Board of Appeals, Department of Planning or Department of Public Works approvals, as well as any executory acts by the Mayor under City ordinances, Council resolutions and contracts or other agreements that anticipate future performance by the City.
The moratorium shall end upon the expiration of the time period for the filing of a final appeal.
Notwithstanding the moratorium set forth in § 1-13 of this Article III, the City Council, by resolution and for good cause shown, may grant a waiver from such a moratorium, provided the matter has been set forth as an item on the Council meeting agenda.
To the extent that a court or administrative body enters a final order confirming or approving the City's interpretation or construction of the City Charter, City Code, City ordinance, Council resolution, or contract or other agreement, then the City, as prevailing party, may request reimbursement of the City's attorneys' fees and out-of-pocket costs incurred by the City in such lawsuit subject to an order by a court of competent jurisdiction.