HomeMy WebLinkAboutOrdinance-1985-0612INTRODUCED BY COUNCILMEMBER WILDE
ORDINANCE NO. 612
Series of 1985
TITLE: AN ORDINANCE AMENDING SECTION 27, REGULATIONS
APPLICABLE TO ALL DISTRICTS OF APPENDIX A OF THE
CODE OF LAWS OF THE CITY OF WHEAT RIDGE BY ES-
TABLISHING CRITERIA FOR ISSUANCE OF REZONING
APPROVALS AND BUILDING PERMITS IN INSTANCES WHERE
HOLDING TANKS ARE REQUIRED TO BE INSTALLED AND
MAINTAINED WITHIN THE CITY OF WHEAT RIDGE, AND
PROVIDING A PENALTY FOR VIOLATION THEREOF.
WHEREAS, a situation detrimental to the health and
welfare of the citizens of Wheat Ridge exists within the
City of Wheat Ridge by virtue of the fact that holding tanks
are being required to be installed in connection with certain
developments to prevent potential overloading of the collection
and treatment facilities of certain sanitation districts
providing service within the City of Wheat Ridge.
WHEREAS, the City Council of the City of Wheat Ridge
finds that, unless there is imposed a uniform set of design,
installation and maintenance criteria for said holding tanks,
certain holding tanks will be installed which will not meet
the criteria established herein and will, therefore, pose an
immediate health hazard to the citizens of the City of Wheat
Ridge,
THEREFORE, be it ordained by the City Council of the
City of Wheat Ridge:
Section 1. The provisions of Section 27 of Appendix A
of the Code of Laws of the City of Wheat Ridge are hereby
amended by adding thereto the following subsection 27(I),
Standards and Criteria for Design, Installation and Mainten-
ance of Holding Tanks for Sanitation Purposes:
I. Standards and Criteria for Design, Installation
and Maintenance of Holding Tanks for Sanitation Purposes.
1. In those instances and cases where installation
and maintenance of holding tanks for storage of sewage
is required by any sanitation district providing service
to property within the City of Wheat Ridge, which property
is sought to be rezoned, no rezoning application shall
be approved by the Planning Commission or City Council
unless and until the following design, installation and
maintenance standards and criteria shall be met.
(a) Holding tanks shall be designed for a
minimum of one day's capacity, controlled discharge
timed for low flow period between midnight and 6:00
A.M. (between midnight and 6:00 A.M., at a discharge
rate not to exceed 0.5 c.f_.s.)
(b) A holding tank of 24 hour capacity may
be concrete, steel or fiberglass; although if the tank
has a round bottom, pumps must be set so that the entire
tank will be emptied to prevent an accumulation of
solids in the bottom.
(c) Dual pumps shall be installed with each
pump having the capacity to empty the tank during the
designed discharge period of midnight to 6:00 A.M.
(d) An automatic pump control system activated
by a time clock or an electrical system automatically
energized between midnight and 5:00 A.M. shall be provided
and installed.
(e) A submergeable aerator mixer shall be
operational in the tank to prevent sewage from settling
and becoming septic.
(f) All tanks shall be vented through a
building stack.
(q) A high fluid warning light and alarm
horn shall be operational.
(h) Any system designed and installed within
the City is the responsibility of the owner to operate
and maintain. Prior to obtaining a Certificate of
Occupancy, the Owner shall furnish the City a specific
and satisfactory maintenance program commitment and/or
agreement.
2. The standards and criteria set forth in sub-
sections 1-a through 1-h above constitute minimum stan-
dards and criteria for safe and acceptable holding tank
design, installation and maintenance. Authority is
specifically reserved to the City Council to require
design, installation, and/or maintenance subject to
more stringent criteria and standards than those set
forth herein upon a specific finding by the City Council
that imposition of such stringent requirements is speci-
fically necessary to protect the health, safety and
welfare of the public, provided that no rezoning appli-
cation shall be denied for the failure of any rezoning
applicant to meet such additional standards and require-
ments unless said applicant has been advised of the
content of and necessity to meet such additional require-
ments in writing by either the Planning Commission or
the City Council no less than 30 days prior to the date
upon which said rezoning application is finally heard
and decided.
3. The City of Wheat Ridge specifically reserves
the right and authority to inspect and approve the
design and installation of any holding tank prior to
issuance of a Certificate of Occupancy upon any building
or structure. The failure of any holding tank to meet
the requirements imposed upon it pursuant to this sub-
section 27(I) shall constitute grounds for the denial
of any Certificate of Occupancy or the issuance of an
Order to vacate the premises as a "dangerous structure"
pursuant to the provisions of the Uniform Code for the
Abatement of Dangerous Buildings, 1982 Edition, adopted
by the City in Ordinance 509, Series of 1982.
4. Violation of any provision of this Ordinance
shall constitute a misdemeanor, and upon conviction any
violation shall be subject to a penalty not to exceed
$999.00. In addition, authority is specifically reserved
to the City to enforce the within provision by injunctive
relief. Any costs or expenses incurred by the City in
enforcement of the provisions of this Section 27(I),
including reasonable attorney's fees, shall be awarded
to the City upon its successful prosecution of any
action seeking injunctive relief based upon violation
of any of the provisions of this Section 27(I).
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
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be adjudged by a court of competent jurisdiction invalid,
such judgment shall not affect, impair, or invalidate the
remainder_ of this Ordinance or its application to other
persons or circumstances.
Section 3. Safety Clause. The City Council hereby
finds, determines, and declares that this Ordinance is pro-
mulgated under the general 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 and for the pro-
tection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational re-
lation to the proper legislative object sought to be attained.
Section 4. This Ordinance shall take effect 1 day
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 25th day of February , 1985,
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 March 18 , 1985, at
7:30 p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of 7 to 1 , this 18th day of
March , 1985.
SIGNED by the Mayor on this 20th day of March
1985.
1 FRANK STITES, MAYOR
y1 ~
APPROVED AS TO FORM BY CITY
Wanda Sang, City erk ATTORNEY:
1st Publication: ebruary 28, 1985
2nd Publication: March 21, 1985
Wheat Ridge Sentinel
Effective Date: March 22, 1985 JOI HAYES, CITY A P1EY
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