HomeMy WebLinkAboutOrdinance-1970-0020 - NuisanceORDINANCE NO. ;Z
SERIES OF 1970
BY COUNCILMEN
AN ORDINANCE RELATING TO NUISANCES
Be it ordained by the City Council of the City of Wheat Ridge,
Colorado:
Section No. 1, Purpose. This ordinance is enacted for the
purpose of promoting the health, safety, morals, convenience, order,
prosperity and welfare of the present and future inhabitants of the
City of Wheat Ridge, Colorado.
Section No. 2, Nuisances Prohibited. It shall be unlawful
for any person to maintain or allow any nuisance as defined herein to
exist or remain within the City.
Section No. 3, Nuisance to be Abated. Whenever any nuisance
shall be found on any premises within the City, constituting an
immediate hazard, the Mayor or his authorized representative, is here-
by empowered to cause the same to summarily abated in such manner as he
may direct.
Section No. 4, Right of Entry, Abatement and Removal.
(a) It shall be the duty of the Mayor or his authorized re-
presentatives to assertain and cause all nuisances to be
abated.
(b) The Mayor and his authorized representatives have authority
at any reasonable time to enter upon any premise, or any building,
in order to make a thorough examination of cellars, vaults, sinks,
or drains; to enter upon all lots or grounds, to call all stag-
nant water to be drained off, and pools, sinks, vaults, holes or
low grounds to be cleansed, filled up or otherwise purified, and so
cause all harmful substances or conditions which may be detrimental
to health, to be abated or removed, as provided by the Ordinances
of the City.
Section 5, Duty of Property Owner, Agent or Occupant to Abate Nuisance
Upon Notice from the Mayor or his authorized representative.
(a) Whenever a nuisance shall be found in any building, or upon
any ground or other premise within the jurisdiction of the City,
a twenty-four (24) hour notice shall be given in writing, or other
reasonable amounts of time, not to exceed five (5) days, signed
by the Mayor or his authorized representative, to the owner or
occupant or persons in possession or in charge, or in control of
any vehicle, or of such building or other premises, to remove
and abate such nuisance.
(b) Before the filing of any charge relative to any nuisance
in the City Court, it shall be the duty of the mayor or his
authorized representative to investigate the condition of said
ground, lot, or premises.
(c) Failure to comply with the order of the Mayor or his
authorized representative, shall constitute a violation of this
ordinance.
(d) If any person shall neglect or refuse to abate the nuisance
in accordance with such notice, as provided in this ordinance,
the Mayor or his authorized representative may summarily abate
such nuisance and assess costs of such abatement against said
property, or the owner thereof, to be collected by suit or other-
wise, in addition to the penalties for violation hereof.
Section 6, Definition of Nuisance to apply. In all cases where
no provision is herein made defining what are nuisances, those offences
which are known to the common law that exist in this State, and as provided
by Statutes of Colorado as nuisances, shall, incase the same exist within
the City, shall be treated as such, and proceeded against as in this
ordinance, or in accordance with any other ordinance law of this City.
Section 7, Whenever the pursuit of any trade, business, or
manufacturer or the maintenance-of any substance or condition of things
shall result in a condition detrimental to the health of any of the in-
habitants of the City, the same shall be deemed a nuisance, and shall be
abated.
Section 8, Any unclean, leaking, foul, unsafe, or
dangerous, defective or filthy drain, ditch, trail, or gutter, or any
leaking or broken slop, garbage, or manure box or receptacle of like
character, whenever and wherever found in the City, shall be deemed a
nuisance.
Section 9. Unclean Stable or Stall, etc., a Nuisance.
(a) Any animal or fowl enclosure in which any animal or
fowl shall be kept, or in any other place within the City
in which manure or liquid discharges of such animals or
fowls shall accumulate, and which is maintained in an un-
sanitary condition, allowing an offensive odor to escape
therefrom, or providing an insect or rodent attractant,
shall be deemed a nuisance.
(b) Manure or any other organic material used on premises
for fertilizing purposes shall not be allowed to become
offensive in odor, to cite, an attraction to insects or
rodents, or otherwise create an unsanitary condition.
(c) Whenever manure or any other organic material shall
accumulate and affect the health of the public, it may be
forbidden and designated a nuisance under the provisions
of this ordinance.
(d) It shall be unlawful and constitute a nuisance for any
person in the City to allow any building or premise or
appurtenance thereof, to become offensive in odor, offensive
to sight, or to create an unsanitary or hazardous health
condition.
Section 10. Dirt or Offensive Matter in Cleaning Yards,
Factories, Etc., a Nuisance. Whenever there shall be found in or upon
any lot or piece of ground or premise within the City, or any dirt gathered
in cleaning yards, mills, factories, or commercial establishments or any
rags, damaged merchandise, wet, broken, or leaking barrels, caskets, or
broken boxes, or any materials which are offensive or can by decay become
putried or render the atmosphere inpure or unwholesome, the same shall be
deemed a nuisance.
Section 11. Bone Crushing, Etc., Fat Boiling, Etc., Glue Making,
Fertilizer Making, Etc., a Nuisance. The business or any part thereof, or
any of them, of bone cruhsing, bone boiling, bone rendering, bone burning,
fat boiling, fat rendering, fat drying, gut cleaning, or the making of glue,
or the manufacture of fertilizing materials of any kind or description from
any dead animal or part thereof, or any boiling of offal, swill, fat, or
grease of any description, shall be done and carried on in an offensive,
unclean, or defective manner, in any building, yard, or lot within the limits
of the City, shall be deemed a nuisance.
Section 12. Pond or Pool a Nuisance. Any lot-or piece of
ground within the limits of the City in which there is a pond or pool of
unwholesome, impure, or offensive water, or other material, shall be deemed
a nuisance.
Section 13. Abandoned Well, Cistern or Pit a Nuisance.
(a) Any abandoned well, cistern or pit on any property or premise,
within the limits of the City, whenever the location of same or construction
shows that the well, cistern, or pit is a danger to life and limbs shall be
deemed a nuisance.
Section 14. Building, Vehicle or anything else in Condition
Detrimental to Health.Forbidden. No building, vehicle, structure, receptable
or other thing used, or to be used, for any purpose whatever, shall be used,
made, kept, maintained, or operated in or retained within the City, if the use,
keeping, maintaining, or operation of the same shall be the occasion of any
nuisance or dangerous or detrimental to the public health.
Section 15. Disposition of Vehicle Where Owner Unknown. When the
owner of a motor vehicle, or part or portion thereof, constituting a nuisance
cannot be located by a reasonable search, the notice specified in this ordin-
ance, shall be attached to the vehicle. If such vehicle is not removed within
ten (10) days from such notice, said motor vehicle is hereby declared to be
abandoned property and may be removed to a suitable City storage area. Such
motor vehicle shall be stored for a period of at least thirty (30) days, and
the owner thereof shall be entitled to redeem same by payment to the
City of actual cost for removal and reasonable storage of such vehicle,
and if in the event such motor vehicle is unclaimed, the Mayor or his
authorized representative may sell the vehicle in accordance with the
ordinances of the City of Wheat Ridge.
Section 16. Anything Detrimental to Health a Nuisance.
Every other act or thing done or made, committed or allowed, or continued
on any property, public or private, by any person, which is detrimental
to health, offensive to sight, smell or hearing, or to the damage or
injury of any of the inhabitants of this City, and not hereinbefore
specified, shall be deemed a nuisance.
Section 17. Every Ommission, Neglect, or continuance of
anything commanded or prohibited by this article for twenty-four (24)
hours shall constitute a separate and distinct offense. -
Section 18. Penalty Clause. Any person who violates any
provision of this Ordinance shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine of not more than
Three Hundred Dollars ($300.00) or Ninety (90) days in jail, or both
such fine and imprisonment. Every day in which a violation of this
Ordinance shall occur shall constitute a separate violation of said
Ordinance.
Section 19. Emergency Clause. The provisions of this
ordinance are necessary to the immediate preservation of the public
health and safety of the citizens of Wheat Ridge for the following
reasons:
1. No nuisance ordinances exist in the City because the
City having just completed incorporation August 20, 1969, has not
heretofore adopted any ordinances controlling public health and safety
within the municipality.
2. Nuisance ordinances are necessary to allow police officers
of the City of Wheat Ridge to preserve the public health and safety of
the City of Wheat Ridge.
Section 20. Effective Date. This ordinance shall take
effect and be in force five (5) days after publication following
final passage providing it shall have been passed by an affirmative
vote of three-fourths (3/4) of the members of the City Council
otherwise, said ordinances shall take effect thirty (30) days after
publication following final passage.
INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED
on first reading by a vote of 6 to 0 this 19th_. day of
February. , A. D.,,1970.
READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on second
and final reading by a vote of ~n to p this _ /OZx` day of
-
/1~«/cd~ D.~ 1970.
t _
- Albert E. Anderson, Mayor
A14EST:
Louise F. Turner, City Clerk '
s
r,
CERTIFICATE OF POSTING
I, Louise F. Turner hereby certify that Ordinance
No. 20 was duly posted by me following first reading on
the 26th day of February 1970, at the following locations
within the City of Wheat Ridge:'
Wheat Ridge Post Office
Wheat Ridge Branch Library
Westridge Sanitation District Office
Columbia Heights School
Prospect Valley Fire Department
Wheat Ridge City Office
Wheat Ridge Council Meeting Room
I, Louise F. Turner hereby certify that Ordinance No. 20
was duly posted by me following second reading on the ZOth
day of March 1970, at the above locations within the
City of Wheat Ridge.
Louise F. Turner
City Clerk