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HomeMy WebLinkAboutWCA-08-01CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LANGWORTHY Council Bill No. 05 -2008 Ordinance No. 14 Series of 2008 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME WHEREAS, the City of Wheat Ridge (the "City'), acting through its City Council (the "Council "), has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, the general power of the City to amend its Code of Laws (the "Code') from time to time; and WHEREAS, the Council has previously adopted regulations which reference the position of "Community Service Officer" or "CSO officer'; and WHEREAS, the Council has determined that the term "Code Officer" more accurately describes City's employees charged with enforcing certain provisions of the Code; and WHEREAS, the Council has determined that authorizing the City's Code Officers to use the administrative enforcement procedures in Article V of Chapter 2 of the Code is in the best interest of the City; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. All references in Chapters 13, 15 and 17 of the Code to "Community Service Officer" or "CSO Officer" are hereby amended to read "Code Officer." Section 2. Code Section 2 -80 is amended to read as follows: 2 -80. Purpose; scope. The purpose of this article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This article provides for administrative penalties that may be imposed for violation of the following portions of this Code: Chapter 5, Buildings and Building Regulations; CHAPTER 9, HEALTH; Chapter 13, Motor Vehicles and Traffic; Chapter 15, Nuisances; ARTICLE X OF CHAPTER 16, CONCERNING MASSAGE PARLORS, BUT NOT TO INCLUDE THE BALANCE OF CHAPTER 16, MISCELLANEOUS OFFENSES; CHAPTER 21, STREETS AND SIDEWALKS; CHAPTER 22 TAXATION; Chapter 26, Zoning; Section 3. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 25 day of February, 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday,' March 24, 2008 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 24th day of March , 2008. SIGNED by the Mayor on this 25th day of March 2008. Jer io, Mayor ATTEST: Michael Snow, City Clerk ROOM. First Publication: February 28, 2008 Second Publication: March 27, Zoos Wheat Ridge Transcript Effective Date: April ii, 2008 CITY COUNCIL MINUTES: MARCH 24, 2008 Page - 9 Item 3, COUNCIL BILL 05 -2008 — SECOND READING OF AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME. Council Bill 05 -2008 was introduced on second reading by Mrs. Langworthy who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. 1410. Mayor DiTullio opened the Public Hearing. Claudia Worth spoke to Council regarding citizens who are getting violations by means of people climbing on and peering over people's backyard fences. Mrs. Worth asked whether this Ordinance gives all city employees the ability to issue violations. In answering Mrs. Worth's questions, Mr. Johnstone pointed out that the existing code already gives code violation issuance powers to whomever the City deems the duty of code enforcement. Mr. Johnstone further explained that the ordinance makes it possible for the administrative hearing process to be applied to more sections of the code than the Administrative Model Process does today. Mayor DiTullio closed the Public Hearing. Motion by Mrs. Langworthyto approve Council Bill No. 05 -2008, Ordinance 1410, on second reading and that it take effect 15 days after final publication; seconded by Mr. Womble; carried 8 -0. Item 4. COUNCIL BILL 06 -2008 — SECOND READING OF AN ORDINANCE AMENDING SECTION 26 -803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL. Council Bill 06 -2008 was introduced on second reading by Ms. Berry who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. 1411. Mark Weisberg provided the Staff Summary. Mayor DiTullio opened the Public Hearing. No citizens were present to speak on this Item. Mr. Johnstone informed Council that the Planning Commission did hear the item at their last public hearing. Clty of - ]( q heat -Midge ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 24, 2008 �3. TITLE: COUNCIL BILL 05 -2008 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME. ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ❑ ORDINANCES FOR 1sT READING (2/25/2008) ® ORDINANCES FOR 2 READING (3/24/2008) ADEM C- City Manage EXECUTIVE SUMMARY: The purpose of this ordinance is to encourage prompt code enforcement compliance. Currently the Police Department Community Service officers (CSOs) use the administrative hearing process established in Section 2 of the Code to achieve code enforcement compliance. The Community Development Department code enforcement division makes less use of the administrative hearing process. The administrative hearing process has been an effective tool to achieve prompt code enforcement compliance. Both the CSOs and the Community Development Department property inspector wish to continue and expand upon the use of that administrative hearing tool. To that end, staff is proposing this ordinance, which will expand the list of Chapter references that can be enforced through the administrative hearing process. All of these chapter references are sections of the code that either the property inspector or CSOs enforce. COMMISSIONBOARD RECOMMENDATION N/A STATEMENT OF THE ISSUES: Background - Neighborhood Revitalization Strategy: Enforcement of property maintenance codes and attention to the physical condition of Wheat Ridge is a priority from the City's 2005 Neighborhood Revitalization Strategy (NRS). The NRS also recommends that the City work on improving the maintenance and appearance of existing multi - family rental property at key locations. Since accepting the findings of the NRS in 2005, the City has considered various options for how best to achieve these goals and one of the strategies considered had been the possible adoption of a multi - family housing inspection/registration program. Background - Existing Code Enforcement Regulations: Chapter 15 of the Municipal Code of Laws identifies numerous potential violations applicable to rental properties and property maintenance in general. These include: illegal dumping, littering, disorderly house, blowing dust, offensive discharges and inoperable vehicles. Chapter 26 of the Code identifies additional property use and maintenance issues of concern related to accessory structures, landscaping, dumpster enclosures, landscaping and screening of outside storage. The International Property Maintenance Code, which the City adopted as part of the adoption of the 2003 International Building Code adoption process includes additional regulations related to the following: 1) unsafe structures, 2) unlawful structures, 3) structures unfit for human occupancy, and 4) structures in imminent danger of collapse. To be more specific, the maintenance of items ranging from exterior paint, windows, window screens, decks and balconies are all covered by the IPMC. All of these existing regulations give the City wide authority to enforce property maintenance requirements on poorly maintained residential and non - residential properties. Background - Hotel -Motel Tax and Inspection Program: In 1998, a 5% lodger's tax was approved by Wheat Ridge voters, with revenues to be divided 60% for police and code enforcement efforts and 40% for redevelopment and capital projects. The 60% portion of those revenues provides for one Crime Prevention Police Officer, 0.5 FTE Police Sergeant, two Community Services Officers and one Property Inspector. These staff resources focus on proactive enforcement and education efforts for hotel/motel properties, multi- family housing complexes and problematic rental properties. Staff provided a summary of these existing tools and resources to the City Council at a Study Session in December 2007. Staff outlined a series of eight "next step" strategies to leverage these existing tools and resources to achieve better property maintenance compliance, as recommended in the NRS in order to improve the quality of multi- family housing in Wheat Ridge. City Council concurred with that short term approach and staff is working on implementing several of these next step action items, including the refinements to the Code of Laws being considered here, which would improve Staffs ability to achieve prompt compliance with the various code violations discussed above. ALTERNATIVES CONSIDERED Staff considered a more comprehensive code amendment that would have specifically codified which sections of the Code are enforced by the Police Department Community Services Team versus the Community Development Department. It was decided that it more appropriate for those roles and responsibilities to be agreed upon and assigned administratively. A list of different code enforcement responsibilities has been developed and agreed upon administratively and weekly code enforcement staff meetings are held to achieve maximum coordination between departments. FINANCIAL IMPACT No additional staff or other resources are being requested to implement this expanded use of the administrative hearing process. Staff believes this is the most resource effective means of achieving compliance with these code enforcement activities, which is a priority of City Council. However, it should also be noted that processing these cases through the administrative hearing process does have resource impacts on the courts (scheduling hearings, administrative costs, etc.) and the Finance Division (tracking fines, payments, property tax liens). It is also worth noting that this expanded use of the Administrative Enforcement procedures combined with existing staffing levels is considered a phase one trial approach to achieving better property maintenance. It may be necessary to re- evaluate the resources the City devotes to this important issue if we are unable to achieve the level of code enforcement compliance that is desired by the Council with those existing resource levels. RECOMMENDED MOTION "I move to approve Council Bill No. 05 -2008 - An Ordinance Amending the Wheat Ridge Code of Laws to Expand Use of the Administrative Enforcment Procedures and to Authorize Certain City Employees to Enforce the Same on second reading and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill 05 -2008 - An Ordinance Amending the Wheat Ridge Code of Laws to Expand the Use of the Administrative Enforcement Procedures and to Authorize Certain City Employees to Enforce the Same for the following reason(s) " Prepared by: Reviewed by: Kenneth Johnstone ATTACHMENT Council Bill No. 05 -2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LANGWORTHY Council Bill No. 05 -2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME WHEREAS, the City of Wheat Ridge (the "City"), acting through its City Council (the "Council"), has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, the general power of the City to amend its Code of Laws (the "Code ") from time to time; and WHEREAS, the Council has previously adopted regulations which reference the position of "Community Service Officer" or "CSO officer; and WHEREAS, the Council has determined that the term "Code Officer" more accurately describes City's employees charged with enforcing certain provisions of the Code; and WHEREAS, the Council has determined that authorizing the City's Code Officers to use the administrative enforcement procedures in Article V of Chapter 2 of the Code is in the best interest of the City; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. All references in Chapters 13, 15 and 17 of the Code to "Community Service Officer" or "CSO Officer" are hereby amended to read "Code Officer." Section 2. Code Section 2 -80 is amended to read as follows: 2 -80. Purpose; scope. The purpose of this article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This article provides for administrative penalties that may be imposed for violation of the following portions of this Code: Chapter 5, Buildings and Building Regulations; CHAPTER 9, HEALTH; Chapter 13, Motor Vehicles and Traffic; Chapter 15, Nuisances; ARTICLE X OF CHAPTER 16, CONCERNING MASSAGE PARLORS, BUT NOT TO INCLUDE THE BALANCE OF CHAPTER 16, MISCELLANEOUS OFFENSES; CHAPTER 21, STREETS AND SIDEWALKS; CHAPTER 22 TAXATION; Chapter 26, Zoning; ATTACHMENT 1. Section 3. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 25` day of February, 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday. March 24, 2008 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of 1 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: February 28, 2008 Second Publication: Wheat Ridge Transcript Effective Date: CITY COUNCIL MINUTES: February 25, 2008 Page -5- ORDINANCES ON FIRST READING Item 3. COUNCIL BILL 03 -2008 - AN ORDINANCE DESIGNATING A STRUCTURE ON PROPERTY LOCATED AT 7495 W. 29TH AVENUE AN HISTORIC LANDMARK SUBJECT TO THE PROVISIONS OF CHAPTER 26, ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS. (CASE NO. WHL- 08 -01). Council Bill 03 -2008 was introduced on first reading by Mr. Womble. Motion by Mr. Womble to approve Council Bill 03 -2008. Motion died for lack of a Second. Item 4. COUNCIL BILL 05 -2008 — AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME. Council Bill 05 -2008 was introduced on first reading by Mrs. Langworthy. Motion by Mrs. Langworthy to approve Council Bill 05 -2008 on first reading, order it published, public hearing set for Monday, March 24, 2008 at 7:00 p.m. in the City Council Chambers; and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8 -0. Item 5. COUNCIL BILL 06 -2008 — AN ORDINANCE AMENDING SECTION 26- 803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL. Council Bill 06 -2008 was introduced on first reading by Ms. Berry. Motion by Ms. Berry to approve Council Bill 06 -2008 on first reading, order it published, public hearing set for Monday, March 24, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Stites and Mrs. Adams; carried 8 -0. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME WHEREAS, the City of Wheat Ridge (the "City "), acting through its City Council (the "Council "), has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, the general power of the City to amend its Code of Laws (the "Code ") from time to time; and WHEREAS, the Council has previously adopted regulations which reference the position of "Community Service Officer" or "CSO officer "; and WHEREAS, the Council has determined that the term "Code Officer" more accurately describes City's employees charged with enforcing certain provisions of the Code; and WHEREAS, the Council has determined that authorizing the City's Code Officers to use the administrative enforcement procedures in Article V of Chapter 2 of the Code is in the best interest of the City; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. All references in Chapters 13, 15 and 17 of the Code to "Community Service Officer' or "CSO Officer" are hereby amended to read "Code Officer." Section 2. Code Section 2 -80 is amended to read as follows: 2 -80. Purpose; scope. The purpose of this article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This article provides for administrative penalties that may be imposed for violation of the following portions of this Code: Chapter 5, Buildings and Building Regulations; CHAPTER 9, HEALTH; Chapter 13, Motor Vehicles and Traffic; Chapter 15, Nuisances; ARTICLE X OF CHAPTER 16, CONCERNING MASSAGE PARLORS, BUT NOT TO INCLUDE THE BALACE OF CHAPTER 16, MISCELLANEOUS OFFENSES; CHAPTER 21, STREETS AND SIDEWALKS; CHAPTER 22 TAXATION; Chapter 26, Zoning; Section 3. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of January, 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 1 2008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App:Phone: Owner Address: City /State /Zip: Owner Phone: Project Address: Street Name: City /State, Zip: Case Disposition: CA0801 Quarter Section Map No.: _.. Citywide_ Related Cases: - �— Case History: Ordinance amending code -. o expand use of dministrative Enforcement r Procedures & to authorize Review Body:Ga- 21;i APN: 2nd Review Body: CC: 2125108 6;5 2nd Review Date: Decision - making Body: Approval /Denial Date: Reso /Ordinance No.: C: 3124/08 (2nd) Conditions of Approval: District: )... Project Planner: Oohnstone File Location: JActive Date Received: 21512008 Notes: — — Pre -App Date: Follow -Up: