HomeMy WebLinkAboutOrdinance-1979-0352INTRODUCED BY COUNCILMEMBER TURNER
ORDINANCE NO. 352
Series of 1979
TITLE: AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF WHEAT
RIDGE, COLORADO, BY THE ADDITION OF ARTICLE IV, 14ATER14AY CONTROL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Chapter 9 of the Code of the City of Wheat Ridge, Colorado, is
hereby amended by the addition of Article IV, Waterway Control, as follows:
ARTICLE IV. WATERWAY CONTROL
Sec. 9-12. Removal of Debris - Duty of Owner.
(a) It shall be the responsibility of every owner of property, or
any tenant or agent in charge thereof, which is crossed by a
natural waterway to remove, or cause to be removed, all deposits of
natural and artificial debris and material within one hundred fifty feet
of the center line of Clear Creek, as defined in the official maps and
plats maintained by the City Engineer, and within fifty feet of the
center line of all other rivers, creeks, canals, and water courses,
as defined in the official maps and plats maintained by the City
Engineer.
(b) If the debris and material is of a size or amount so as to preclude
removal by the owner, tenant or agent in charge, the owner, tenant or
agent in charge shall notify the Code Enforcement Officer in writing as to
the existence and location of such debris and material. Upon receipt of
written notice, the Code Enforcement Officer shall cause such debris and
material to be removed within seventy-two hours.
Sec. 9-13. Abatement by City Upon Owner's Failure 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 location of debris and material not capable of removal by the
owner, tenant or agent in charge, as required by this Ordinance, within
seventy-two hours of being notified in writing to do so by the Code
Enforcement Officer, the Code Enforcement Officer may direct the debris
and material be removed and charge the cost thereof to such owner,
tenant or agent in charge, together with five percent additional for
inspection and other incidentals.
Sec. 9-14. Collection of Costs.
(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 percent for inspection and
other incidentals, shall be paid to the City Treasurer within thirty days
after mailing by the City Treasurer to the owner by registered or
certified mail, notice of the assessment of such cost.
(b) Failure to pay such assessment within such period of thirty days
shall cause such assessment to become a lien against such lot, block
or parcel of land and shall have priority over all liens, except
general taxes and prior special assessments, and the same may be
certified at any time, after such failure to so pay the same, within
thirty days, by the Mayor or his designated representative to the
County Treasurer to be placed upon the tax list for the current yea4d,
and to be collected in the same manner as other taxes are collected-,
with ten percent penalty to defray the cost of collection.
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ORDINANCE NO. 352 PAGE TWO
Sec. 9-15. Method of Notification. The Code Enforcement Officer
shall post properties In v,o ation of this article. Such posting of
notice shall be dated and signed by the Code Enforcement Officer and
shall include a statement directing the failure to remove debris and
material within seventy-two hours will result in the Code Enforcement
Officer directing such debris and material removed and the cost plus
five percent to be charged to the owner, tenant, or agent of the
property.
Section 2. Severability. If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or its appli-
cation to other persons or circumstances.
Section 3. This Ordinance shall take effect 1 day after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to `0 on
this 6th day of Au ust , 1979; ordered published in-Tull in a
newspaper of genera circulation in the City of Wheat Ridge and Public Hearing
and consideration of final passage set for _ August 27 , 1979, at
7:30 o'clock ,.m., at Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of
6 to 0 this 27th day of August 1979.
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SIGNED by the Mayor on this,21
aay of 1979.
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Oliver i ips, ay
ATTEST:
Carol Hampf, City C rlk
lst Publication August 9, 1979
2nd Publication
Effective Date
August 30, 1979
August 31, 1979
APPROVED BY OFFICE OF CITY ATTORNEY:
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