HomeMy WebLinkAboutOrdinance 2012-1506CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STARKER
Council Bill No. 01
Ordinance No. 1506
Series of 2012
TITLE: AN ORDINANCE AMENDING SECTIONS 2-83 AND 15-8
OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
THE ISSUANCE OF NUISANCE ABATEMENT NOTICES
AND OF NOTICES OF CODE VIOLATIONS AND
ADMINISTRATIVE CITATIONS IN THE ADMINISTRATIVE
ENFORCEMENT PROCESS
WHEREAS , the City of Wheat Ridge , Colorado (the "City"), acting through its
City Council (the "Council "), has the authority to enact ordinances proscribing
certain acts detrimental to the public health , safety and welfare and to provide for
penalties and enforcement of the same ; and
WHEREAS , exercising this authority , the Council has previously enacted
Chapter 2 of the Wheat Ridge Code of Laws (the "Code") which sets forth an
administrative enforcement procedure for certain violations of the Code ; and
WHEREAS , in further exercise of this authority , the Council has previously
enacted Chapter 15 of the Code , which prohibits certain nuisances and provides an
enforcement process for the abatement of such nuisances ; and
WHEREAS, based on their experience in enforcing laws pursuant to the
administrative process and in pursuing nu isance abatement , City staff recommends
certain amendments to the processes set forth in said Chapters 2 and 15; and
WHEREAS , in particular , staff recommends the availability of multiple
methods of service to responsible parties to permit officers different approaches
based on different circumstances ; and
WHEREAS , staff further recommends endors ing an officer's reliance upon
the accuracy of the County real estate records to obtain accurate ma iling addresses
and authorizing a Judge or Administrative Hearing Officer (AHO) to consider actual
notice received by responsible parties ; and
WHEREAS, such recommended Code amendments are calculated to
minimize the risk of dismissal of leg it imate citations for which responsible parties
have received actual notice; and
WHEREAS , the Council finds and determines that such recommended Code
amendments as set forth in this Ordinance further the public health, safety and
welfare by increasing the efficiency of the administrative enforcement process and
by decreasing the likelihood that Code violators who have been provided due
process are not penalized .
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Section 2-83 of the Wheat Ridge Code of Laws , concerning the service
of a notice of violation of a Code section eligible for administrative enforcement, is hereby
amended as follows :
Sec. 2-83. Notice of Violation.
(a) Upon becoming aware of a violation of an applicable section . a
code officer may issue a notice of violation to the responsible party.
The notice shall state the date and location of the violation, the
approximate time the violation was observed , identifying, where
applicable , the property in violation by address or legal description.
The notice shall refer to the applicable section violated , describe
the violation , and describe the action required to correct the
violation . The notice shall require the responsible party to correct
the violation within ten (10) days , and shall explain the
consequences of failure to correct said violation, including the
issuance of an administrative citation .
(b) Service of a notice of a violation on the responsible party shall be
by any of the following means:
(1) If the responsible party resides at the site of the violation ,
tThe code officer may personally deliver a copy of the notice
of violation to A tRe responsible party at that site; or
(2) A copy of the notice may be mailed by first class mail to the
last known address of a tRe responsible party as reflected in
the county real estate records ; or
(3) A copy of the notice of violation may be posted in a
conspicuous place AT THE SITE OF THE VIOLATION eR
the unossupied premises .
(C) THE CITY'S PROVISION OF NOTICE PURSUANT TO
PARAGRAPH (8 )(2) OF THIS SECTION TO THE LAST KNOWN
ADDRESS OF A RESPONSIBLE PARTY AS REFLECTED IN THE
RECORDS OF THE JEFFERSON COUNTY CLERK AND
RECORDER 'S OFFICE SHALL BE CONSIDERED ADEQUATE
NOTWITHSTANDING ANY ERROR IN THE COUNTY'S
RECORDS . AN OFFICER MAY REASONABLY RELY UPON
CURRENT COUNTY RECORDS TO OBTAIN AN ACCURATE
ADDRESS FOR A RESPONSIBLE PARTY.
(D) AT ANY HEARING CONDUCTED PURSUANT TO SECTION 2-88 ,
THE ADMINISTRATIVE HEARING OFFICER (AHO) MAY
CONSIDER EVIDENCE OF ACTUAL NOTICE RECEIVED BY A
RESPONSIBLE PARTY IN DETERMINING WHETHER
ADEQUATE NOTICE OF A VIOLATION OR OF A CITATION HAS
BEEN PROVIDED . THE AHO MAY FIND THAT NOTICE IS
ADEQUATE DESPITE A LACK OF TECHNICAL COMPLIANCE
WITH SUBSECTION (B) HEREOF UPON EVIDENCE THAT A
RESPONSIBLE PARTY RECEIVED ACTUAL NOTICE OF A
NOTICE OF VIOLATION AT LEAST TEN (10) DAYS PRIOR TO
THE ISSUANCE OF AN ADMINISTRATIVE CITATION FOR THE
SPECIFIED VIOLATION(S) OR ACTUAL NOTICE OF AN
ADMINISTRATIVE CITATION .
Section 2. Subsection 15-8(b) of the Wheat Ridge Code of Laws , concerning the
service of a notice to abate a nuisance , is hereby amended as follows :
(b) SeNice of notice. If written notice to abate is given , it shall be served
by :
(1) Personally delivering a copy of the notice to a tAe responsible
party described in the notice if the Fesponsible party also resides at
the property; or
(2) Mail ing a copy of the notice by first class or certified mail , return
receipt requested , to the last known address of A tAe responsible
party as reflected in the county real estate records ; or
(3) Posting a copy of the notice in a conspicuous place at the
SITE OF THE NUISANCE unoooupied premises .
Section 3. Section 15-8 of the Wheat Ridge Code of Laws , concerning nuisance
abatement, is hereby amended by the addition of two new subsections , (e) and (f), to read
in their entirety as follows :
(E) THE CITY'S PROVISION OF NOTICE PURSUANT TO
PARAGRAPH (B )(2) OF THIS SECTION TO THE LAST KNOWN
ADDRESS OF A RESPONSIBLE PARTY AS REFLECTED IN THE
RECORDS OF THE JEFFERSON COUNTY CLERK AND
RECORDER'S OFFICE SHALL BE CONSIDERED ADEQUATE
NOTWITHSTANDING ANY ERROR IN THE COUNTY'S
RECORDS . AN OFFICER MAY REASONABLY RELY UPON
CURRENT COUNTY RECORDS TO OBTAIN AN ACCURATE
ADDRESS FOR A RESPONSIBLE PARTY.
(F) AT ANY HEARING CONDUCTED PURSUANT TO SUBSECTION
(C) OF THIS SECTION , THE MUNICIPAL COURT JUDGE MAY
CONSIDER EVIDENCE OF ACTUAL NOTICE RECEIVED BY A
RESPONSIBLE PARTY IN DETERMINING WHETHER
ADEQUATE NOTICE OF A VIOLATION OR OF A CITATION HAS
BEEN PROVIDED. THE JUDGE MAY FIND THAT NOTICE IS
ADEQUATE DESPITE A LACK OF TECHNICAL COMPLIANCE
WITH SUBSECTION (B) HEREOF UPON EVIDENCE THAT A
RESPONSIBLE PARTY RECEIVED ACTUAL NOTICE OF A
WRITIEN NOTICE TO ABATE A REASONABLE AMOUNT OF
TIME PRIOR TO THE EXPIRATION OF THE ABATEMENT
PERIOD .
Section 4. Safetv 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 5. Severabilitv; Conflicting Ordinances Repealed. If any section ,
subsection or clause of th is Ordinance shall be deemed to be unconstitutional or otherwise
inva lid , the validity of the remaining sections , subsections and clauses shall not be affected
thereby. All other ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed .
Section 6. 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
13th day of February , 2012 , 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
February 27 , 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 a to o , this 27th day of February , 2012 .
SIGNED by the Mayor on this 27th day of February '2012.
ATIEST:
First Publication: February 16, 2012
Second Publication : March 1, 2012
Wheat Ridge Transcript
Effective Date: March 16, 2012
Jerry