HomeMy WebLinkAboutOrdinance-1989-0800INTRODUCED BY COUNCILMEMBER DAVIS
Ordinance No. 800
Series of 1989
TITLE: AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CODE OF
LAWS OF THE CITY OF WHEAT RIDGE (1989) TO ALLOW CIVIL
ENFORCEMENT IN THE WHEAT RIDGE MUNICIPAL COURT FOR THE
BUILDING CODE, THE NUISANCE ORDINANCE, THE FLOOD PLAIN
ORDINANCE, THE SIGN CODE, THE SUBDIVISION REGULATIONS,
AND THE ZONING ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 5-5 of the Code of Laws of the City of
Wheat Ridge (effective June 1, 1989) is hereby repealed and
reenacted as follows:
Sec. 5-5. Enforcement and Remedies.
(a) Civil Actions. When an alleged violation of this chapter
has not been voluntarily abated within the time specified in the
notice issued pursuant to section 2-34:
(1) The City may bring a civil action in the Municipal
Court to have the violation declared as such by the
Court and to have the court enjoin the violation or
to authorize its restraint, removal, termination or
abatement by the owner, agent, occupant or person
who caused the violation or the person who allowed
the violation to continue, or by the Mayor, the
Director of Planning and Development, or the Chief
of Police or their designated representatives.
(2) The civil action to declare and abate a violation
of this chapter shall be brought in the name of the
City of Wheat Ridge by filing a complaint, which
shall be verified or supported by an affidavit.
Summons and subpoena shall be issued and served as
in civil cases. Any employee or agent of the City
of Wheat Ridge who is over the age of eighteen (18)
may serve a summons and verified complaint upon the
owner, agent, occupant or the person who caused or
allowed the violation (hereinafter "respondent"),
or a subpoena upon any witness to the violation.
Trial shall be to the Court.
(3) A notice of appearance shall be served with the
summons and complaint. The appearance date shall
be not less than twenty-one (21) days from the date
of service of the summons and complaint, The
respondent shall file a response or answer on or
before the appearance date specified in the notice
of appearance. The trial shall be held upon the
appearance date, unless the Court grants a
continuance for good cause shown. No case shall be
continued for more than sixty (60) days after the
appearance date.
(4) Upon the date and time specified for appearance and
trial, if the respondent has filed no response and
fails to appear and if the City proves that proper
service was made on respondent at least twenty-one
(21) days prior to the appearance date, the Court
may grant such orders as are requested by the City;
except that, the Court shall order the enforcement
by the City be stayed for ten (10) days and that a
copy of the Court's order be mailed to the
respondent at his last known address. Failure to
appear on any date set for hearing and trial shall
be grounds for entering a default and default
judgment against the non-appearing party. Prior to
enforcement, and upon good cause shown, the Court
may set aside an entry of default and the default
judgment entered thereon.
(5) Any disobedience to or interference with any
injunction or order issued by the Municipal Court
in an action to abate a violation of this chapter
of the Wheat Ridge Code of Laws may be punished as
a contempt of court or by a fine not to exceed nine
hundred ninety-nine dollars ($999.00). Each day's
failure to comply with an injunction or order to
abate shall constitute a separate act of contempt
for which an additional penalty may be imposed.
(6) To the extent necessary to facilitate just, speedy,
informal and inexpensive determinations of claims,
the Court may use the Colorado Rules of Civil
Procedure as a guideline for civil procedures in
Municipal Court. The judgment of the Municipal
Court may be appealed to the District Court of
Jefferson County.
(7) In any case in which the City prevails in a civil
action initiated pursuant to this subsection (a),
the City may recover its reasonable costs of abating
the violation, including reasonable costs of
litigation, plus fifteen percent (15%) in
administrative costs; plus costs may be assessed
against the subject property pursuant to sections
16-13-313 and 16-13-314, Colorado Revised Statutes
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(as amended). The remedies specified in this
subsection (a) shall be in addition to all other
remedies provided by law.
(b) Criminal Actions. When an alleged violation of this
chapter has not been voluntarily abated within the time specified
in the notice issued pursuant to section 2-34:
(1) The City may bring a
Municipal Court to have
such by the Court and
sentence pursuant to s
owner, agent, occupant
violation or the person
to continue.
criminal action in the
the violation declared as
to have the Court impose
ection 5-5(b) (3) upon the
or person who caused the
who allowed the violation
(2) The criminal action to declare a violation of this
chapter shall be brought in the name of the People
of the State of Colorado by serving a copy of the
summons and complaint upon the alleged violator
(hereinafter "defendant") and filing the original
with the Court. Summons and Complaint and subpoena
shall be served as in criminal actions. Any
employee or agent of the City of Wheat Ridge who is
over the age of eighteen (18) may serve a summons
and complaint upon the defendant or a subpoena upon
any witness to the violation.
(3) Any person violating any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon
conviction of such violation, shall be subject to
a fine not to exceed nine hundred ninety-nine
dollars ($999.00), or imprisonment not to exceed one
hundred eighty (180) days, or both such fine and
imprisonment; provided however, that no person under
the age of eighteen (18) years shall be subject to
imprisonment for a violation of this chapter.
(c) Other remedies. The remedies set forth herein are
cumulative. In the event any building, structure or utility is
erected, constructed, reconstructed, altered, repaired, converted,
demolished, moved or maintained, or any building, structure or
utility is used, in violation of this chapter, the City or any
proper city official may institute any other appropriate action or
proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or
occupancy to restrain, correct or abate such violation, or to
prevent the occupancy of such building, structure or land. The
initiation of any action or the imposition of any penalty hereunder
shall not preclude the City or any proper person from instituting
any other appropriate action or proceeding to require compliance
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with the provisions of this chapter and with administrative orders
and determinations made hereunder.
Section 2. Section 15-9 of the Code of Laws of the City of
Wheat Ridge (effective June 1, 1989) is hereby repealed and
reenacted as follows:
Sec. 15-9. Enforcement and Remedies
(a) Civil Actions. When an alleged violation of this chapter
has not been voluntarily abated within the time specified in the
notice issued pursuant to section 15-5(a):
(1) The City may bring an action in the Municipal Court
to have the nuisance declared as such by the Court
and for an order enjoining the public nuisance or
authorizing its restraint, removal, termination or
abatement by the owner, agent, occupant or the
person who caused the nuisance or the person who
allowed it to continue, or by the Mayor, The
Director of Planning and Development, or the Chief
of Police or their designated representatives.
(2) The action to declare and abate a public nuisance
shall be brought in the name of the City of Wheat
Ridge by filing a complaint, which shall be verified
or supported by an affidavit. Summonses and
subpoenas shall be issued and served as in civil
cases, and any employee or agent of the City of
Wheat Ridge, who is over the age of eighteen (18)
may serve the summons and verified complaint upon
the owner, agent, occupant or the person who caused
the nuisance or allowed it to continue (hereafter
"respondent") , or a subpoena upon any witness to the
nuisance. Trial shall be to the Court.
(3) A notice of appearance shall be served with the
summons and complaint. The appearance date shall
be not less than twenty-one (21) days from the date
of service of the summons and complaint. The
respondent shall file a response or answer on or
before the appearance date specified in the notice
of appearance. The trial shall be held upon the
appearance date, unless the Court grants a
continuance for good cause shown. No case shall be
continued for more than sixty (60) days after the
appearance date.
(4) Upon the date and time specified for appearance and
trial, if the respondent has filed no response and
fails to appear and if the City proves that proper
service was made on the respondent at least twenty-
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one (21) days prior to the appearance date, the
Court may grant such orders as are requested by the
City; except that, the Court shall order that
enforcement by the City be stayed for ten (10) days
and that a copy of the Court's order be mailed to
the respondent at his last known address. Failure
to appear on any date set for trial shall be grounds
for entering a default and default judgment thereon
against a nonappearing party. Prior to enforcement
and for good cause shown, the Court may set aside
an entry of default and the default judgment entered
thereon.
(5) Any disobedience to or interference with any
injunction or order issued by the Municipal Court
in an action to abate a public nuisance may be
punished as a contempt of court or by a fine not to
exceed nine hundred ninety-nine dollars ($999.00).
Each day's failure to comply with an injunction or
order to abate shall constitute a separate act of
contempt for which an additional penalty may be
imposed.
(6) To the extent necessary to facilitate the just,
speedy, informal and inexpensive determination of
claims, the Court may use the Colorado Rules of
Civil Procedure as a guideline for civil procedures
in Municipal Court. The judgment of the municipal
court may be appealed to the District Court of
Jefferson County.
(7) In any case in which the City prevails in a civil
action initiated pursuant to this subsection (a),
the City may recover its reasonable costs of abating
the violation, including reasonable attorney fees
and costs of litigation, plus fifteen percent (15%)
in administrative costs; such costs may be assessed
against the respondent and become a lien against the
subject property pursuant to sections 16-13-313 and
16-13-314; Colorado Revised Statutes (as amended).
The remedies specified in this subsection (a) shall
be in addition to all other remedies provided by
law.
(b) Criminal Actions. When an alleged violation of this
chapter has not been voluntarily abated within the time specified
in the notice issued pursuant to section 15-5(a):
(1) The City may bring a criminal action in the
Municipal court to have the nuisance declared as
such by the Court and to have the Court impose
sentence pursuant to section 15-9(b)(3) upon the
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owner, agent, occupant or person who caused the
nuisance or the person who allowed the nuisance to
continue.
(2) The criminal action to declare a violation of this
chapter shall be brought in the name of the People
of the State of Colorado by serving a copy of the
summons and complaint upon the alleged violator
(hereinafter "defendant") and filing the original
with the Court. Summons and Complaint and subpoena
shall be served as in criminal actions. Any
employee or agent of the City of Wheat Ridge who is
over the age of eighteen (18) may serve a summons
and complaint upon the defendant or a subpoena upon
any witness to the violation.
(3) Any person violating any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon
conviction of such violation, shall be subject to
a fine not to exceed nine hundred ninety-nine
dollars ($999.00), or imprisonment not to exceed one
hundred eighty (180) days, or both such fine and
imprisonment; provided however, that no person under
the age of eighteen (18) years shall be subject to
imprisonment for a violation of this chapter.
(c) Other remedies. The remedies set forth herein are
cumulative. The initiation of any action or the imposition of any
penalty hereunder shall not preclude the City or any proper City
official from instituting any other proceeding to require
compliance with the provisions of this chapter and with any
administrative orders and determinations made hereunder. No
provision herein shall be construed to limit or abrogate the right
of any person to bring a private action to abate a private
nuisance.
Section 3. Section 26-2 of the Code of Laws of the City of
Wheat Ridge (effective June 1, 1989) is hereby added as follows:
Sec. 26-2. Enforcement and Remedies.
(a) Notwithstanding section 26-1 of this chapter, the
violations, enforcements, penalties and remedies provisions of all
the ordinances referenced in section 26-1 are hereby supplemented,
superceded and controlled by this section to the extent of any
inconsistency.
(b) Civil Actions. When an alleged violation of the zoning
ordinance, the floodplain ordinance, the subdivision regulations
or the sign code has not been voluntarily abated within the time
specified in the notice issued pursuant to section 2-34:
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(1) The City may bring a civil action in the Municipal
Court to have the violation declared as such by the
Court and to have the court enjoin the violation or
to authorize its restraint, removal, termination or
abatement by the owner, agent, occupant or person
who caused the violation or the person who allowed
the violation to continue, or by the Mayor, the
Director of Planning and Development, or the Chief
of Police or their designated representatives.
(2) The civil action to declare and abate a violation
of such ordinances shall be brought in the name of
the City of Wheat Ridge by filing a complaint, which
shall be verified or supported by an affidavit.
Summons and subpoena shall be issued and served as
in civil cases. Any employee or agent of the City
of Wheat Ridge who is over the age of eighteen (18)
may serve a summons and verified complaint upon the
owner, agent, occupant or the person who caused or
allowed the violation (hereinafter "respondent"),
or a subpoena upon any witness to the violation.
Trial shall be to the Court.
(3) A notice of appearance shall be served with the
summons and complaint. The appearance date shall
be not less than twenty-one (21) days from the date
of service of the summons and complaint, The
respondent shall file a response or answer on or
before the appearance date specified in the notice
of appearance. The trial shall be held upon the
appearance date, unless the Court grants a
continuance for good cause shown. No case shall be
continued for more than sixty (60) days after the
appearance date.
(4) Upon the date and time specified for appearance and
trial, if the respondent has filed no response and
fails to appear and if the City proves that proper
service was made on respondent at least twenty-one
(21) days prior to the appearance date, the Court
may grant such orders as are requested by the City;
except that, the Court shall order the enforcement
by the City be stayed for ten (10) days and that a
copy of the Court's order be mailed to the
respondent at his last known address. Failure to
appear on any date set for hearing and trial shall
be grounds for entering a default and default
judgment against the non-appearing party. Prior to
enforcement, and upon good cause shown, the Court
may set aside an entry of default and the judgment
entered thereon.
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(5) Any disobedience to or interference with any
injunction or order issued by the Municipal Court
in an action to abate a violation of such ordinance
of the Wheat Ridge Code of Laws may be punished as
a contempt of court or by a fine not to exceed nine
hundred ninety-nine dollars ($999.00). Each day's
failure to comply with an injunction or order to
abate shall constitute a separate act of contempt
for which an additional penalty may be imposed.
(6) To the extent necessary to facilitate just, speedy,
informal and inexpensive determinations of claims,
the Court may use the Colorado Rules of Civil
Procedure as a guideline for civil procedures in
Municipal Court. The judgment of the Municipal
Court may be appealed to the District Court of
Jefferson County.
(7) In any case in which the City prevails in a civil
action initiated pursuant to the is subsection (a),
the City may recover its reasonable costs of abating
the violation, including reasonable attorney fees
and costs of litigation, plus fifteen percent (15%)
in administrative costs; such costs may be assessed
against the respondent and become a lien against
the subject property pursuant to sections 16-13-313
and 16-13-314, Colorado Revised Statutes (as
amended). The remedies specified in this subsection
(a) shall be in addition to all other remedies
provided by law.
(c) Criminal Actions. When an alleged violation of the
zoning ordinance, the flood plain ordinance, the subdivision
ordinance, or the sign code has not been voluntarily abated within
the time specified in the notice issued pursuant to section 2-34:
(1) The City may bring a criminal action in the
Municipal court to have the violation declared as
such by the Court and to have the court impose
sentence pursuant to section 26-2(c)(3) upon the
owner, agent, occupant or person who caused the
violation or the person who allowed the violation
to continue.
(2) The criminal action to declare a violation of such
ordinances shall be brought in the name of the
People of the State of Colorado by serving a copy
of the summons and complaint upon the alleged
violator (hereinafter "defendant") and filing the
original with the Court. Summons and Complaint and
subpoena shall be served as in criminal actions.
Any employee or agent of the City of Wheat Ridge who
8
is over the age of eighteen (18) may serve a summons
and complaint upon the defendant or a subpoena upon
any witness to the violation.
(3) Any person violating any of the provisions of such
ordinances shall be guilty of a misdemeanor and,
upon conviction of such violation, shall be subject
to a fine not to exceed nine hundred ninety-nine
dollars ($999.00), or imprisonment not to exceed one
hundred eighty (180) days, or both such fine and
imprisonment; provided however, that no person under
the age of eighteen (18) years shall be subject to
imprisonment for a violation of this chapter.
(d) other remedies. The remedies set forth herein in this
section are cumulative. In the event any building, structure or
utility is erected, constructed, reconstructed, altered, repaired,
converted, demolished, moved or maintained, or any building,
structure or utility is used, in violation of the ordinances
controlled by this section, the City or any proper person may
institute any other appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or occupancy to restrain, correct
or abate such violation, or to prevent the occupancy of such
building, structure or land. The initiation of any action or the
imposition of any penalty under this section shall not preclude the
City or any proper city official from instituting any other
appropriate action or proceeding to require compliance with the
provisions of such ordinance and with administrative orders and
determinations made hereunder.
Section 7. 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
application to other persons or circumstances.
Section S. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated 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 protection of public convenience and welfare.
the City Council further determines that the ordinance bears a
rational relation to the proper legislative object sought to be
attained.
Section 9. This ordinance shall become effective 15 days
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 26th day of June , 1989, in the
9
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 Monday, July 10 ,
1989, at 7:30 o'clock 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 8 to 0 this 10th day of July ,
1989.
SIGNED by the Mayor on this llthday of
1989.
Dan Wilde, Mayor
ATTEST:
Wanda Sang, City
C- erk
APPROVED AS TO
FORM BY
OFFICE OF C~
ATTORNEY
John, Hayes,
'City; Attorney
l
1st Publication:
June 29, 1989
2nd Publication:
July 13, 1989
Wheat Ridge Sent
inel:
Effective Date:
July 28, 1989
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