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HomeMy WebLinkAboutOrdinance-1989-0802INTRODUCED BY COUNCIL MEMBER MERKL ORDINANCE NO. 802 Series of 1989 TITLE: AN ORDINANCE AMENDING SECTIONS 15-27. WEED CONTROL OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 15-27 of the City of Wheat Ridge is hereby repealed and is reenacted as follows: SECTION 15-27. WEED CONTROL (a) All owners and occupants of land in the city shall prevent property owned or occupied by them from becoming overgrown with weeds. For the purpose of this section, the term "weeds" is defined as weeds, grass, brush or other rank or noxious vegetation, and shall not include flower gardens, plots of shrubbery, vegetable gardens and grain plots. This shall not apply to and shall not be construed to require removal of any weeds from the city's owned or leased greenbelt natural area. (b) It shall be unlawful and shall be deemed a nuisance for the owner or occupant of any property, except property zoned as agricultural and the City's owned or leased greenbelt natural areas, to permit weeds to grow on such property to a height of more than twelve (12) inches. (c) It shall be unlawful for the owner or occupant of any undeveloped property or any property zoned as agricultural, excluding the City's owned or leased greenbelt natural areas, but including public right-of-way, to permit weeds to grow on such property to a height of more than twelve (12) inches within a distance of one hundred (100) feet from any public street, highway or park, or within a distance of one hundred (100) feet from property lines adjoining any residential, commercial, industrial or open zone or use. (d) Weeds shall be controlled by cutting, spraying or other lawful and suitable method of weed control. (e) Except as provided in subparts (b) and (c), it shall be unlawful and shall be deemed a nuisance for the owner or occupant of any property within the city, regardless of its zoning, to allow weeds, in excess of twelve (12) inches high, to grow on the adjacent street or right-of-way to a 'e-491t of more than`-~w2=ve (1122) in=ches. Where there is an uninterrupted natural progression and continuation Page 1 of private property, such as lawn, grass, low shrubs or ground cover adjacent to the street right-of-way, the adjacent property owners are responsible for maintenance of the area. However, where there is a definite barrier at the property/right-of-way line, such as a fence, sidewalk or irrigation ditch, the owner is responsible only up to such barrier. Adjacent property owners shall be fully responsible for weeds in excess of twelve (12) inches high within alleys, public or private, adjacent to their property. (f) The authorized inspector shall post properties in violation of this section. Such posting of notice shall be dated and signed by the authorized inspector and shall include a statement directing that failure to cut and remove the weeds within five (5) days of the posting will result in the authorized inspector directing such weeds cut and the cost thereof, plus five (5) percent to be charged to the owner, occupant or agent of the property. (g) Each month during the weed-growing season, as determined by the authorized inspector, before any property is posted in accordance with this section, the authorized inspector shall cause a public notice to be published in a newspaper of local circulation which shall inform the public of the general contents of this section. (h) If any owner, occupant or agent in charge shall fail to cut weeds, as required by this section, within five (5) days after being notified to do so by the authorized inspector, the authorized inspector may direct that the weeds be cut and charge the cost thereof to such owner, occupant or agent in charge, together with five (5) percent additional for inspection and other incidentals. (i) In the event that any owner, occupant or agent fails to cut or destroy and remove the weeds and said weeds are cut by order of the mayor or his designated representative, the whole cost of cutting such weeds, together with five (5) percent for inspection, shall be paid to the city treasurer within thirty (30) days following notice of the assessment of such cost given to the owner of such open area by registered or certified mail. (j) Failure to pay such assessment within such period of thirty (30) days shall cause such assessment to become a lien against such lot, block or parcel of land and shall have priority over all liens, except general taxes and prior special assessments, and the same may be certified at any time, after such failure to so pay the same, within thirty (30) days, by the mayor or his designated representative to the county treasurer to be placed upon the tax list for the current year and to be collected in the same manner as other taxes are collected, with ten (10) percent penalty to defray the cost of collection. Section 3. 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 Page 2 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 4. 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, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this loth day of July , 1989, 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 Al ' 1989, at 7:30 o'clock p.m., in the Council Chambers, 7500 est 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of fi to I, this 14th day of August , 1989. SIGNED by the Mayor on this 15thday of ATTE T: x d Wanda Sang, City erk st , 1989. DAN WILDE, MAYOR 7 APPrE77 BY CITY ATTOH /HAYES, CIT A N Y 1st Publication: July 13, 1989 2nd Publication: August 17, 1989 Wheat Ridge Sentinel Effective Date: September 1, 1989 <code>sec.15-27/weedcontrol Page 3