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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