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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