HomeMy WebLinkAboutOrdinance-1980-0429INTRODUCED BY COUNCILMEMBER AIELLO
ORDINANCE NO. 429
Series of 1980
TITLE: AN ORDINANCE REPEALING SECTION 1-7.1 OF THE CODE OF LAWS
OF THE CITY OF WHEAT RIDGE AND AMENDING THE CODE OF LAWS
OF THE CITY OF WHEAT RIDGE BY ADDING THERETO SECTION 2-14.1
THROUGH 2-14.5 INCLUSIVE CODIFYING THE DUTIES AND AUTHORITY
OF CODE ENFORCEMENT OFFICERS, PROVIDING A SYSTEM FOR THE
ABATEMENT OF ORDINANCE VIOLATIONS, AND PROVIDING FOR
ENFORCEMENT OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE
AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. The Code of Laws of the City of Wheat Ridge,
Colorado, is hereby amended by repealing Section 1-7.1 Authority
of Code Enforcement Officers.
Section 2. The Code of Laws of the City of Wheat Ridge,
Colorado, is hereby amended by adding the following sections:
Section 2-14.1 Code Enforcement.
The duty and authority to enforce the provisions of
Chapters 5, 6, 8, 9 and 13, Divisions 1 through 4
of Article III of Chapter 14, Chapters 17 and 19A
and Appendices A and B of this Code is hereby delegated
to code enforcement officers appointed by the Director
of Community Development of the City of Wheat Ridge
Colorado, which code enforcement officers are specifically
empowered and authorized hereby to initiate judicial
proceedings in the Wheat Ridge Municipal Court by
issuance of a summons and complaint in the event anv
of the provisions of the sections of the Code of
Laws cited herein are, or are reasonably believed by
said code enforcement officer to have been, violated.
Section 2-14.2 Issuance of Notice to Abate Nuisance
or Violation.
It is hereby declared by the City Council of the City
of Wheat Ridge to be the policy of the City of Wheat
Ridge to encourage compliance with all provisions
of this Code of Laws for the purpose of insuring
the protection of the public health, safety and
welfare. Accordingly, notwithstanding any other
provisions of this Code to the contrary, authority
is hereby granted to the code enforcement officers
identified in Section 1 hereof, upon their detection
of discovery of a violation of this Code, or any of
the sections specified in Section 1 hereof, or of
the existence of a nuisance with the City, and in
said code enforcement officer's sole discretion, to
issue a Notice to Abate said violation or nuisance
to the person responsible. Issuance of said Notice
to Abate shall not constitute a summons and complaint,
and no criminal liability shall attach as a result of
said service.
Ord. #429 PAGE TWO
Section 2-14 3 The Failure to Abate a Nuisance.
In the event a person served a Notice to Abate fails
to abate the specified violation or nuisance within
ten (10) days from the date the Notice to Abate, unless
otherwise specified in the ordinance, is served upon
the person so charged, the code enforcement officer
may issue a summons and complaint to said person
charging said person with a violation of the applicable
code section.
Section 2-14.4 Interference with Code Enforcement
Officer in Conduct of Duties.
It shall be unlawful for any person to interfere
with a code enforcement officer during conduct of
his lawful duties; to intentionally place or attempt
to place a code enforcement officer in fear of imminent
bodily injury by any threat or physical action during
the conduct of said code enforcement officer's duties;
to threaten the job status of said code enforcement
officer with the intent to cause the code enforcement
officer to fail to carry out assigned duties or to
refrain from issuing a summons and complaint or a
Notice to Abate; or to threaten to confine, restrain
or cause bodily contact with or harm to said code
enforcement officer with intent to induce said officer
to do an act or refrain from doing an act.
Section 2-14.5. Penalty.
"Any person violating any of
2-14.1 through 2-14.4 shall
and upon conviction thereof
not to exceed $300.00, impr
to exceed ninety (90) days,
imprisonment."
the provisions of Sections
be guilty of a misdemeanor
shall be subject to a fine
isonment for a term not
or both such fine and
Section 3. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the 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
for the protection of public convenience and welfare. The City
Council further determines that the ordinance bears a rational
relation to these objectives.
Section 4. Severability. If any clause, sentence, para-
graph 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 applica-
tion to other persons or circumstances.
Section 5. This ordinance will take effect 15 days after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote
of -_8 to 0 this 10th day of November , 1980; 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 November 24, , 1980, at 7:30 o'clock p.m.,
at Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Ord. No. 429
F THREE
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 7 to 0 , this 24th day of November
1980.
SIGNED by the Mayor on this 26th day of November , 1980.
ATTEST:
Carol Hampf,` Cit~ Clerk
1st Publication Nov. 13, 1980
2nd Publication Dec. 4, 1980
Wheat Ridge Sentinel
Effective Date Dec. 19, 1980
APPROVED AS TO FORM
BY OFFICE OF CITY ATTORNEY:
zt
Frank Stites Mayor
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