HomeMy WebLinkAboutOrdinance-1981-0447INTRODUCED BY COUNCIL MEMBER MERKL
ORDINANCE NO. 467
Series of 1981
TITLE: REPEALING SECTIONS 14-34 THROUGH 14-37.1 INCLUSIVE, AND
SECTION 28(A)(19) OF APPENDIX A, REENACTING SAID SECTIONS
THEREBY PROVIDING DEFINITIONS FOR GARBAGE, TRASH AND JUNK:
SPECIFYING VIOLATIONS RELATING TO GARBAGE, TRASH AND JUNK,
AND PROVIDING PENALTIES FOR SAID VIOLATIONS.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
WHEREAS, the policy of the City Council of the City of Wheat
Ridge is to provide a safe, healthy and attractive city for all of the
residents of Wheat Ridge;
WHEREAS, the policy aforestated can be successfully implemented
only after the clear delineation of definitions of prohibited substances
and displays, and the clear and unequivocal declaration of the City of
Wheat Ridge's intent to provide diligent enforcement of any ordinance
embodying such definitions.
WHEREAS, City Council wishes to provide such declaration of
intent to enforce provisions set forth herein diligently to implement
the public policy hereby stated.
' ui`iHLkEFGRL, BE IT I:ESO'JLED l,y the City Council of the Ci,
6:} ca' Rig.-je, Colorado:
Section 1. Chapter 14 and Appendix A of the Code of Laws of the City
of w_ heat Ridge, Colorado, is hereby amended by repealing Sections 14-34,
14-35, 14-36, 14-37 and 14.37.1 and Section 28(A)(19) of Appendix A in
their entirety.
Section 2. The Code of Laws of the City of Wheat Ridge, Colorado, is
hereby amended by adding the following sections:
"Section 14-34. Garbage, Trash and Junk Defined.
As used in Sections 14-34 through 14-37.1 inclusive, the
following words shall have the following meanings:
A. Garbage--wastes, resulting from the handling, prepara-
tion, cooking and consumption of food, and wastes from
the handling, storage, and sale of produce.
B. Trash--combustible refuse, including but not limited to
paper, cartons, boxes, barrels, wood (except stacked
firewood and stacked construction material), tree branches,
yard trimmings, dead plant material, wood or upholstered
furniture, or bedding; or any similar substance or material;
non-conbustible refuse, including but not limited to metals,
tin or aluminum cans, metal furniture, dirt, rock, pieces
of concrete, glass, crockery, or other minerals or mineral
wastes; street rubbish, including but not limited to street
sweepings, dirt, leaves, catch-basin dirt, and contents of
litter receptacles. Provided, however, that such shall
not include earth and waste from building construction
during the period in which a valid building or dumping
permit, issued by the City of Wheat Ridge is active, nor
shall it include solid wastes resulting from industrial
processes and manufacturing operations so long as property
is zoned for such use and said business is registered with
the City, nor shall it include natural products customarily
stored in an agricultural zone so long as the property is
zoned agricultural and the natural products relate to an
agricultural use on the property.
PAGE TWO
C. Junk--Scrap brass, scrap copper, scrap iron, scrap lead,
scrap tin, scrap zinc and all other scrap metals and the
alloys and bones, rags, used cloth, used rope, used rubber,
used tinfoil, used bottles, old or used machinery of any
type, used tools, used appliances, used fixtures, used
utensils, used lumber, used boxes or crates (fabricated
of any material), used pipe or pipe fittings, used conduit
or conduit fittings, used automobiles in non-operative
condition, used tires and other manufactured goods that are
so worn, deteriorated or obsolete as to make them unusable
in their existing condition.
D. Interpretation--in the interpretation of the definitions of
garbage, trash and junk set forth herein, it is the expressed
intent of the City Council of the City of Wheat Ridge that
said definitions be liberally construed to include like
matters, materials, objects or substances, whether or not
the same be specifically identified. It is further the
expressed legislative intent of the City Council that the
definitions not be considered mutually exclusive, and that
in the interpretation of said definitions, it be recognized
that any substance or material or object may constitute
trash, garbage and junk at the same time. Liberal con-
struction of said definitions is deemed necessary by the
City Council in order to fulfill the public purpose of this
section, which is to ensure that the City of Wheat Ridge is
maintained in a clean, healthy and attractive condition by
eliminating all outside storage of garbage, trash and junk,
and related matters, objects or materials as set forth
herein.
Section 14-35. Unlawful Acts.
It shall be unlawful:
A. For any person to store upon his property, place upon
his property, or allow to remain on his property any
trash or garbage, as described for a period in
excess of ten days (in this and all other sections of
this ordinance, the term "person" shall mean the owner
of, or the resident of, any parcel of property, as well
as any member of the household residing therein);
B. For any person to dump or deposit, or cause to be dumped
or deposited, garbage, trash, or junk on the property of
another, or on any property owned by the City, unless such
property is clearly marked and designated as a proper dump
or receptacle for the deposit of trash, garbage or junk;
C. For any person to place or
in the City any garbage or
other than leaves or grass,
plastic container, or in a
pickup and disposal;
to permit to remain anywhere
other material subject to decay
except in a covered metal or
sealed plastic bag, awaiting
D. For any person to drive or move any truck or other vehicle
within this City, unless such vehicle is loaded or covered
so as to prevent any load, contents or litter from being
blown or deposited upon any street, alley or other public
place;
E. For any person to operate or cause to be operated on any
highway or public way in the City, any truck or vehicle
transporting garbage, trash, or junk unless such vehicle
or truck is fitted with a substantial, tight box or other
container thereon so that no portion of such garbage, trash
or junk shall be thrown or fall upon the highway or public
way;
F. For any person to cause or to permit to accumulate any
dust, dirt, ashes or trash, or any such material that can
be blown away by the wind anywhere in the City except in
a covered container or in a sealed plastic bag awaiting
pickup and disposal.
PAGE THREE
G. For any person to display, or cause or allow to be displayed,
upon his/her property any junk as herein defined, unless
said junk is completely shielded and screened from the view
of any member of the general public.
H. For any person to store upon his property (or the property
upon which he resides), or to allow to be viewed by the
general public, or any member thereof, goods, materials or
substances not otherwise or specifically defined or definable as
trash, garbage or junk, but which goods, materials or sub-
stances are of a type, kind, quantity or description not
commonly associated with the zoning classification or per-
mitted use of the property.
Section 14-36. Abatement of Violations.
A. Authority to Abate.
1. Pursuant to the authority granted to Code Enforcement
Officers in Section 2-14.2 of this Code of Laws, in the
event such a Code Enforcement Officer or other designated
agent of the City, and after investigation and/or upon
probable cause, believes that a violation of Sections 14-35,
14-38 or 14-39 of this chapter exists, the Code Enforcement
Officer shall be empowered, upon his sole discretion, to
notify the owner of the property upon which the violation
exists of the existence of the violation, said notice to
be in writing and to be personally served, or served by
certified mail, upon the owner of the property; provided,
however, that in the event personal service or service by
mail proves unsuccessful after reasonable attempts at such
service, authority is hereby granted to affect such notice
by posting said notice on the property in question in a
conspicuous place. Such notice shall advise said owner of
the violation, and shall grant to said owner a specified
period of time, to be not less than two nor more than thirty
days, in which to abate the violation cited. Said notice shall
advise the owner that, in the event the violation is abated
within the specified time, no summons or complaint shall
be issued and no penalty shall be suffered by owner, but that
in the event the violation is not abated, a summons and
complaint shall be issued . In addition, the City shall be authorized
to seek from the District Court an Order authorizing the City 'to come upon
the property for the purpose of removino and/or cleanina up any oarbage,
trash, junk, construction materials, or any other material defined in
Sections 14-34 or 14-35 if the existence or maintenance of said substance
or material poses an imminent or immediate threat or dander to the health,
safety, or welfare of any resident of, or person within, the City.
2. As an alternative to the abatement procedure described in
the preceding paragraph, authority is hereby granted to
said Code Enforcement Officers in those instances where,
in the discretionary opinion of said Code Enforcement
officers, issuance of a Notice to Abate shall render sub-
sequent service of a summons and complaint difficult or
impossible, to issue to any person violating, or reasonably
believed to be violating, the provisions of Section 14-35
of this Code of Laws a summons and complaint without
first having issued a Notice to Abate. In furtherance of
this City's policy of encouraging compliance with all
provisions of this Code of Laws, any person issued a summons
and complaint pursuant to this paragraph shall be advised
in writing by said Code Enforcement officer that, in the
event the violation cited in said summons and complaint is
abated or corrected within 10 days from the date of issuance
of said summons and complaint, dismissal of said summons
and complaint shall be sought by the City from the Municipal
Court.
3. Nothing contained in this Section 14-36(A) shall limit or
restrict the right or authority of a Code Enforcement officer
to issue a summons and complaint without right to abate to
the owner or resident of property upon which a violation of
Section 14-35 of this Code of Laws exists. Any summons and
complaint issued for violation of any provision of Section
14-35 shall be accompanied by a written Notice advising the
PAGE FOUR
owns-- or resident of the property that all violations.. nail be abated
within a specified period of tine (to be not less than two nor more than
thirty days), and that if not so abated, the City shall be empowered to
Seel: and obtain a Court Order, based on the arounds described in Section
14-36(A)(1) authorizing the City to come upon the property for the pur-
pose of abating the violation, cleaning up or removing any garbage, trash,
jun!:, or other material or substance described herein, and that all
costs incurred by the City shall be recoverable as specified in Section
'.'-36(B) and Section 14-37 hereof.
4. It is expressly understood that no more than one Notice to
Abate issued pursuant to Section 14-36(A)(1) or one summons
and complaint which is dismissable pursuant to Section 14-36
(A)(2) shall be issued to any owner or occupant of, or
member of a family owning or occupying, any property within
the City of Wheat Ridge regarding violation of any pro-
vision of Section 14-35, and that upon a second or sub-
sequent offense, a summons and complaint shall be issued
directly.
B. Payment of Costs. In the event that any trash, garbage
or junk of any nature is cleaned up or removed by the
City pursuant to this section of the code, the entire cosi
of such removal, together with a ten percent additional
cost for inspection and other incidental costs, shall be paid
by the person in violation of this chapter. Such costs
shall be paid to the City Treasurer within thirty days after
the City Treasurer has mailed notice of the assessment of
such costs by registered or certified mail, to the person
permitting the illegal keeping or storage of such trash,
garbage or junk.
Failure to pay such assessment within such thirty days
shall cause such assessment to become a lien against such
lot, block or parcel of land upon which such trash, garbage
or junk was improperly stored. Such lien shall have priority
over all liens, except general taxes and prior special
assessments. In the event that such costs are not paid within
thirty days, as specified in this section, at any time after
the expiration of thirty days from the date of mailing by
the City Treasurer, the Mayor or his designated represen-
tative may certify such lien to the County Treasurer to
be placed upon the tax list of the current year, and to
be collected in the same manner as other taxes are collected,
with a ten-percent penalty to defray the cost of collection.
Section 14-37. Violations and Penalty.
Any person violating any provision of Sections 14-35, 14-36,
14-38 or 14-39 of this Code of Laws shall be guilty of a mis-
demeanor, and upon conviction shall be subject to a fine pur-
suant to the following schedule:
A. Upon the first conviction for violation of any said sections,
a fine of not less than $50.00, plus court costs.
B. Upon the second conviction of a violation of any of the above
cited sections, a fine of not less than $100.00, plus court
costs.
C. Upon the third conviction of a violation of any of the
above cited sections, a fine of not less than $200.00, plus
court costs.
D. Upon the fourth conviction, or any subsequent conviction,
of a violation of any of the above cited sections, a fine
of $300.00, plus court costs.
In levying and imposing fines upon conviction of any of the
sections specified herein, the court shall have no authority
to reduce or suspend all or any portion of the fines specified
herein, it being the expressed intent of the City Council of
the City of Wheat Ridge that the fines specified herein be
strictly adhered to.
PAGE FIVE
In addition to any fines levied
impose as a portion of the costs
defendant any costs incurred by
Section 14-36(B) hereof.
hereunder, the court shall
assessed against a convicted
the City pursuant to
As a portion of any judgment, fine or assessment levied upon
conviction of a violation of the above specified sections of this
Code of Laws, the court shall order that the violation resulting
in said conviction be abated within a time established by the
court, but in no event to exceed 45 days from the date of con-
viction. Failure to abate within the time so ordered shall
constitute contempt of court, and shall be punishable as such.
Each day during which any person commits, or allows to remain
unabated, any of the actions specified as unlawful in Sections
14-35, 14-36, 14-38 or 14-39 of this Code of Laws shall con-
stitute, and be punishable as, a separate offense.
Section 14-37.1 Priority on Docket.
Because the City Council of the City of Wheat Ridge deems swift,
strict and consistent enforcement of this ordinance a matter of
necessity in this City, priority on the docket of the Municipal
Court shall be given to any summons and complaint issued pur-
suant to this ordinance, or any of the sections specified herein.
Continuances of matters scheduled for hearing by the municipal
Court shall be given only upon a showing of good cause or
necessity, and neither of said circumstances shall be liberally
construed. In no event, however, shall more than one contin-
uance be granted or permitted in any matter, and it shall
not be a defense to a violation or a mitigating circumstance
that a nuisance or alleged violation has been abated during
the pendency, including any continuances, or a case, except as
provided in Sections 14-36(A)(2) hereof."
Section 3. Any provision of the Code of Laws of the City of Wheat
Ridge which is inconsistent with or contrary to any of the provisions
hereof is expressly repealed hereby.
Section 4. 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 5. Severability. If any clause, sentence, paragraph or part
of this ordinance or the application thereof to any person or circum-
stances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invali-
date the remainder of this ordinance or its application to other persons
or circumstances.
Section 6. This ordinance will take effect 15 days after final
publication.
INTRODUCED, READ AND ADOPTED on first reading
to 0 , this 9th day of March , 1981; ordered
in a newspaper of general circulation in the City of
Public Hearing and consideration on final passage set
1981, at 7:30 o'clock p.m., at Council Chambers, 7500
Wheat Ridge, Colorado.
by a vote of 8
published in full
Wheat Ridge and
for Aori 1 13 ,
West 29th Avenue,
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of 5 to 3 , this 13th day of Aoril , 1981.
SIGNED by the Mayor on
this 157 th day
of April
1981.
ATTEST
Frank Stites,
Mayor
aro1 F. ae;of, City lerk
1st nublicaiion: Mar. 12, 19;1 ;lneat
2nd Dubl i cati on : Apri 1 23, 198 I fl--at
.
p„~dpe Se;tinei
P,i dge Sei'1 ti nel
Effective Dace:
APPROVED tS TORM
May 8, 1981
BY CITY ATTORNEY:
L