HomeMy WebLinkAbout20 - SOLID WASTE
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Chapter 20
SOLIDWASTE*
Article I. In General
Sees. 20.1-20.20. Reserved.
Article II. Litter Control Generally
Sec. 20-21. Definitions.
Sec. 20-22. Violations and penalty.
Sec. 20.23. Priority on docket.
Sec. 20.24. General prohibitions.
Sec. 20-25. Storage of construction materials.
Sec. 20.26. Depositing snow or ice.
Sec. 20.27. Abatement arvi.olations-Authority,
Sec. 20.28. Same-Payment of costs.
Sees. 20-29-20-40. Reserved.
Article III. Waterway Litter Control
Sec. 20-41. Definitions.
Sec. 20-42. Purpose.
See. 20-43. Penalty.
Sec. 20-44. Presumption as to operator of motor vehicle.
See. 20.45. Notice of violation.
Sec. 20-46. Abatement by city upon owner's failure to remove or to notify code
enforcement officer if unable to remove;
Sec. 20-47. Collection arcosts of abatement by city.
Sec. 20-48. Littering watercourses or waterways prohibited.
Sec. 2049. Removal of debris.
~ .
*Cross references-Enforcement of chapter 20 by code enforcement officers, ~ 2-34; littering prohibited, ~ 15.22; littering in
parks, ! 17.38.
State law reference-Home rule powers, eol. Canst. Art. XX, ~ 6.
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SOLID WASTE
ARTICLE I. IN GENERAL
Sees. 20-1-20-20. Reserved.
ARTICLE II. LITTER CONTROL
GENERALLY*
Sec. 20-21. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings as-
cribed to them in this section, except where the
context clearly indicates a different meaning:
Garbage means wastes resulting from the han-
dling, preparation, cooking and consumption of
food, and wastes from the handling, storage and
sale of produce.
Interpretation means that in the interpretation
of the definitions of garbage, trash and junk set
forth herein, it is the expressed intent of the city
council that these definitions be liberally construed
to include like matters, materials, objects or sub-
stances, whether or not the same be specifically
identified. It is further the expressed legislative
intent of the city council that the definitions not
be considered mutually exclusive, and that in the
interpretation of such definitions, it be recognized
that any substance or material or object may con.
stitute trash, garbage and junk at the same time.
Liberal construction of said definitions is deemed
necessary by the city council in order to fulfill the
public purpose of this section, which is to ensure
that the city is maintained in a clean, healthy
and attractive condition by eliminating all out-
side storage of garbage, trash and junk, and re-
lated matters, objects or materials as set forth
herein.
Junk means scrap brass, scrap copper, scrap
iron, scrap lead, scrap tin, scrap zinc and all other
scrap metals and the alloys and bones, rags, used
cloth, used rope, used rubber, used tinfoil, used
bottles, old or used machinery of any type, used
tools, used appliances, used fixtures, used uten-
sils, used lumber, used boxes or crates (fabricated
of' any material), used pipe or pipe fittings, used
conduit or conduit fittings, used automobiles in
*State law refe~ence-Litteri~g, C.R~S. ~ 18-4-511.
! 20-22
nonoperative condition, used tires and other manu-
factured goods that are so worn, deteriorated or
obsolete as to make them unusable in their exist-
ing condition.
Trash means combustible refuse, including but
not limited to paper, cartons, boxes, barrels, wood
(except stacked firewood and stacked construction
material), tree branches, yard trimmings, dead
plant material, wood or upholstered furniture, or
bedding; or any similar substance or material;
noncombustible refuse, including but not limited
to metals, tin or aluminum cans, metal furniture,
dirt, rock, pieces of concrete, glass, crockery or
other minerals or mineral wastes; street rubbish,
including but not limited to street sweepings, dirt,
leaves, catch-basin dirt and contents of litter reo
ceptacles. Provided, however, that such shall not
include earth and waste from building construc-
tion during the period in which a valid building
or dumping permit, issued by the city, is active,
nor shall it include solid wastes resulting from
industrial processes and manufacturing operations
so long as property is zoned for such use and such
business is registered with the city, nor shall it
include natural products customarily stored in an
agricultural zone so long as the property is zoned
agricultural and the natural products relate to an
agricultural use on the property.
(Code 1977, ~ 14-34)
Cross reference-Definitions and rules of construction gen-
erally, ! 1.2.
Sec. 20-22. Violations and penalty.
(a) Any person violating any provision of this
article shall be guilty of a misdemeanor and, upon
conviction, shall be subject to a fine pursuant to
the following schedule:
(1) Upon the first conviction for violation of
this article, a fine' of not less than fifty
dollars ($50.00), plus court costs.
(2) Upon the second conviction of a violation of
this article, a-fine of not less than one hun-
dred dollars ($100.00), plus court costs.
(3) Upon the third conviction of a violation of
this article, a fine of not less than two hun-
dred dollars ($200.00), plus court costs.
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~ 20-22
WHEAT RIDGE CITY CODE
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(4) Upon the fourth conviction or any subse-
quent conviction, a fine of not less than
three hundred dollars ($300.00) nor more
than nine hundred ninety-nine dollars
($999.00), plus court costs.
(b) In levying and imposing fines upon convic-
tion of any of the sections specified herein, the
court shall have no ~authority to reduce or sus-
pend all or any portion of the fines specified here-
in, it being the expressed intent of the city coun-
cil that the fines specified herein be strictly adhered
to.
(c) In addition to any fines levied hereunder,
the court shall impose, as a portion of the costs
assessed against a convicted defendant, any costs
incurred by the city pursuant to section 20-26.
(d) As a portion of any judgment, fine or as-
sessment levied upon conviction of a violation of
this article the court shall order that the viola-
tion resulting in said conviction be abated within
a time established by the court, but in no event to
exceed forty-five (45) days from the date of convic-
tion. Failure to abate within the time so ordered
shall constitute contempt of court, and shall be
punishable as such.
(e) Each day during which any person commits,
or allows to remain unabated, any of the actions
specified as unlawful in this article shall consti-
tute, and be punishable as, a separate offense.
(Code 1977, ~ 14-37)
Sec. 20-23. Priority on docket.
Because the city council deems swift, strict and
consistent enforcement of this article a matter of
necessity in this city, priority on the docket of the
municipal court shall be given to any summons
and complaint issued pursuant to this article, or
any of the sections specified herein. Continuances
of matters scheduled for hearing by the munici-
pal court shall be given only upon a showing of
good cause of necessity, and neither of such cir-
cumstances shall be liberally construed. In no
event, however, shall more than one (1) continu-
ance be granted or permitted in any matter, and
it shall not be a defense to a violation or a miti-
gating circumstance that a nuisance or alleged
violation has been abated during the pendency,
including any continuances, or a case, except as
provided in section 20-25, subsection (b) hereof.
(Code 1977, ~ 14-37.1)
8ec. 20-24. General prohibitions.
It shall be unlawful for any person to:
(1) Store upon his property, place upon his prop-
erty, or allow to remain on his property
any trash or garbage, as described, for a
period in excess of ten (10) days (in this and
all other sections of this article, the term
person shall mean the owner of, or the res-
ident of, any parcel of property, as well as
any member of the household residing
therein);
(2) Dump or deposit, or cause to be dumped or
deposited, garbage, trash or junk on the
property of another, or on any property owned
by the city, unless such property is clearly
marked and designated as a proper dump
or receptacle for the deposit of trash, gar-
bage or junk;
(3) Place or permit to remain anywhere in the
city any garbage or other material subject
to decay other than leaves or grass, except
in a covered metal or plastic container, or
in a sealed plastic bag, awaiting pickup
and disposal;
(4) Drive or move any truck or other vehicle
within this city, unless such vehicle is loaded
or covered so as to prevent any load, con-
tents or litter from being blown or depos-
ited upon any street, alley or other public
place;
(5) Operate or cause to be operated on any
highway or public way in the city, any truck
or vehicle transporting garbage, trash or
junk, unless such vehicle or truck is fitted
with a substantial, tight box or other con-
tainer thereon so that no portion of such
garbage, trash or junk shall be thrown or
fall upon the highway or public way;
(6) Cause or permit to accumulate any dust,
dirt, ashes or trash, or any such material
that can be blown away by the wind any-
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SOLID WASTE
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where in the city except in a covered con-
tainer or in a sealed plastic bag awaiting
pickup and disposal;
(7) Display, or cause or allow to be displayed,
upon his property any junk as herein de-
fmed, unless the junk is completely shielded
and screened from the view of any member
of the general public;
It
(8) Store upon his property (or the property
upon which he resides), or to allow to be
viewed by the general public, or any mem-
ber thereof, goods, materials or substances
not otherwise or specifically defined or de-
finable as trash, garbage or junk, but which
goods, materials or substances are of a type,
kind, quantity or description not commonly
associated with the zoning classification or
permitted use of the property.
(9) Deposit household or commercial solid waste
in any city-owned solid waste receptacle
maintained on a sidewalk, in a public park,
or in any other public place.
(Code 1977, ~ 14-35; Ord. No. 1989-795, ~ 1,6-1.89)
Sec. 20-25. Storage of construction materials.
No person shall keep or store any construction
materials unless such materials are covered or
secured or in some manner protected so as to
prevent such materials from being blown, scat-
tered about or otherwise moved by wind, water or
other natural causes. ,
(Code 1977, ~ 14-38)
Sec. 20.26. Depositing snow or ice.
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No person shall deposit or cause any snow or
ice to be deposited on or against any fire hydrant
or traffic-control device or appurtenance; nor shall
any person deposit or cause to be deposited. accu-
mulations of snow or ice upon or adjacent to any
sidewalk, street or roadway or loading and un-
loading area of a public transportation system or
any designated emergency access lane, such as
may retard or in any way interfere with the safe
and orderly flow of pedestrian or vehicular traffic
Supp. No.2
~ 20.27
by obstructing the view of such traffic on inter-
secting streets or drives or by any other means, or
in any way obstruct or impede street or roadway
drainage.
(Code 1977, ~ 14-39)
Sec. 20-27. Abatement of violations-Authority.
(a) Pursuant to the authority granted to code
enforcement officers in section 2-34, in the event
such a code enforcement officer or other desig-
nated agent of the' city, and after investigation
and/or upon probable cause, believes that a viola-
tion of this article or exists, the code enforcement
officer shall be empowered, upon his sole discre.
tion, to notify the owner of the property upon
which the violation exists of the existence of the
violation, such notice to be in writing and to be
personally served, or served by certified mail, upon
the owner of the property; provided, however, that
in the event personal service or service by mail
proves unsuccessful after reasonable attempts at
such service, authority is hereby granted to effect
such notice by posting such notice on the property
in question in a conspicuous place. Such notice
shall advise the owner of the violation, and shall
grant to the owner a specified period of time, to be
not less than two (2) nor more than thirty (30)
days, in which to abate the violation cited. Such
notice shall advise the owner that, in the event
the violation is abated within the specified time,
no summons or complaint shall be issed and no
penalty shall be suffered by owner, but that in
the event'the violation is not abated, a summons
and complaint shall be issued. In addition, the
city shall be authorized to seek from the district
court an order authorizing the city to come upon
the property for the purpose of removing and/or.
cleaning up any garbage, trash, junk, construc.
tion materials, or any other material defined in
section 20-21 or 20-24 if the existence or main-
tenance of the substance' or 'material poses an
imminent or immediate threat or danger to the
health, safety or welfare of any resident of, or
person within, the city.
(b) As an alternative to the abatement proce-
dure described in the preceding paragraph, au-
thority is hereby granted to code enforcement of-
ficers in those instances where, in the discretionary
opinion of code enforcement officers, issuance of a
1319
~ 20-27
WHEAT RIDGE CITY CODE
notice to abate shall render subsequent service of
a summons and complaint difficult or impossible
to issue to any person violating, or reasonably
believed to be violating, the provisions of section
20-24 a summons and complaint without first hav-
ing issued a notice to abate. In furtherance of this
city's policy of encouraging compliance with all
provisions of this Code, any person issued a sum-
mons and complaint pursuant to this paragraph
shall be advised in writing by the code enforce-
ment officer that, in the event the violation cited
in the summons and complaint is abated or cor-
rected within ten (10) days from the date of issu-
ance of the summons and complaint, dismissal of
the summons and complaint shall be sought by
the city from the municipal court.
(c) Nothing contained in this section shall limit
or restrict the right or authority of a code en-
forcement officer to issue a summons and com-
plaint without right to abate to the owner or resi-
dent of property upon which a violation of section ~
20.24 exists. Any summons and complaint issued
for violation of any provision of section 20-24 shall
be accompanied by a written notice advising the
owner or resident of the property that all viola-
tions shall be abated within a specified period of
time (to be not less than two (2) nor more than
thirty (30) days), and that if not so abated, the
city shall be empowered to seek and obtain a
court order, based on the grounds described in
subsection (a) of this section, authorizing the city
to come upon the property for the purpose of abat.
ing the violation, cleaning up or removing any
garbage, trash, junk, or other material or sub-
stance described herein, and that all costs incurred
by the city shall be recoverable as specified in
section 20-22 and subsection (b) hereof.
(d) It is expressly understood that no more than
one (1) notice to abate issued pursuant to subsec-
tion (a) hereof or one (1) summons and complaint
which is dismissable pursuant to subsection (b)
shall be issued to any owner or occupant of, or
member of a family owning or occupying, any
property within the city regarding violation of
any provision of section 20-24, ahd that upon a
second or subsequent offense, a summons and com-
plaint shall be issued directly.
(Code 1977, ~ 14-36(a))
Supp. No.2
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Sec. 20-28. Same-Payment of costs.
(a) In the event that any trash, garbage or junk
of any nature is cleaned up or removed by the city
pursuant to section 20-25, the entire cost o.f .such
removal, together with ten (10) percent additIOnal
cost for inspection and other incidental costs, shall
be paid by the person in violation ofthis article.
Such costs shall be paid to the city treasurer within
thirty (30) days after the city treasurer has mailed
notice of the assessment of such costs by regis-
tered or certified mail, to the person permitting
the illegal keeping or storage of such trash, gar-
bage or junk.
(b) Failure to pay such assessment within such
thirty (30) days shall cause such assessment to
become a lien against such lot, block or parcel of
land upon which such trash, garbage or junk was
improperly stored. Such lien shall have priority
over all liens, except general taxes and prior spe-
cial assessments. In the event that such costs are
not paid within thirty (30) days, as specified in
this section, at any time after the expiration of
thirty (30) days from the date of mailing by the
city treasurer, the mayor or his designated repre-
sentative may certify such lien to the county trea-
surer to be placed upon the tax list of the current
year, and to be collected in the same manner as
other taxes are collected, with a ten (10) percent
penalty to defray the cost of collection.
(Code 1977, ~ 14-36)
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Sees. 20-29-20-40. Reserved.
ARTICLE III. WATERWAY LITTER
CONTROL*
Sec. 20-41. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings as-
cribed to them in this section, except where the
context clearly indicates a different meaning:
Embankments of lakes, reservoirs and ponds
means all land fifty (50) feet from the base of the
bank, dam, dike, fill or natural barriers as de-
fined in the official maps and plats maintained by
the city engineer.
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"State law reference-Littering, C.R.S. 9 18.4.511.
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SOLID WASTE
Lakes, reservoirs and ponds meaDS places where
water is collected and/or stored regardless of whether
water is currently being collected and/or stored
there or not.
Streams means all rivers, watercourses, creeks
and canals flowing in or through the city, includ-
ing, but not limited to, Clear Creek and Rocky
Mountain Canal, as such creeks and canals are
defined in the official maps of the city engineer.
Stream embankments means all publicly and
privately owned land included within one hun-
dred filly (150) feet of the centerline of Clear Creek,
as defined in the official maps and plats main-
tained by the city engineer; and publicly- and
privately-owned land included within fifty (50)
feet of the centerline of all creeks, canals and
watercourses, as defined in the official maps and
plats maintained by the city engineer.
Watercourses means all ditches, laterals and
gullies within the city, as defined in the official
maps and plats maintained by the city engineer,
and including, but not limited to, Lena Gulch,
Reno Ditch, Swadley Ditch, Slough Ditch and North
Henry Lee Lateral.
(Code 1977, ~ 9-3)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1.2.
Sec. 20-42. Purpose.
The purpose of this article is to prolllote the
health, safety and welfare of the citizens of the
city by prohibiting Jittering on public and private
property in the vicinity of any and all watercourses
and canals and embankments and water storage
areas, either natural or manmade, throughout
the city and declaring the same to be a nuisance.
(Code 1977, ~ 9-2)
Sec. 20-43. Penalty.
Any person violating any provision of this arti-
cle shall be subject to the penalties of section
20-22 of this Code; provided, however, that noth-
ing contained in this section or section 20-22 shall
impair the ability of the city to enforce the other
remedial provisions as provided in this article.
(Code 1977, ~ 9-1; Ord. No. 1989-793, ~ 2, 6-1-89)
Supp. No.2
i 20-47
Sec. 20-44. Presumption as to operator of
motor vehicle.
Whenever litter is thrown, deposited, dropped
or dumped from any motor vehicle in violation of
this article, the operator of such motor vehicle
shall be presumed to have caused or permitted
such litter, to have been so thrown, deposited,
dropped, or dumped therefrom.
(Code 1977, ~ 9-5)
Sec. 20-45. Notice of violation.
The code enforcement officer shall post proper-
ties in violation of this article. Such posting of
notice shall be dated and signed by the code en-
forcement officer and shall include a statement
directing that the failure to remove debris and
material within seventy-two (72) hours will result
in the code enforcement officer directing such de-
bris and material removed and the cost plus five
(5) percent to be charged to the owner, tenant, or
agent in charge of the property.
(Code 1977, ~ 9-6.1)
Sec. 20-46. Abatement by city upon owner's
failure to remove or to notify code
enforcement officer if unable to
remove.
If any owner, tenant or agent in charge shall
fail to remove debris and material or notify the
code enforcement officer of the existence and 10'
cation of debris and material not capable of re-
moval by the owner, tenant or agent in charge, as
required by section 20-49, within seventy-two (72)
hours of being notified in writing to do so by the
code enforcement officer, the code et1forcement
officer may direct the debris and material be re-
moved and charge the cost thereof to such owner,
tenant or agent in charge, together with five (5)
percent additional for inspection and other
incidentals.
(Code 1977, ~ 9-6.2)
Sec. 20-47. Collection of costs of abatement
by city.
(a) In the event the debris and material are
removed by order of the mayor or his designated
representative, the whole cost of removal of such
debris and material, together with five (5) percent
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