HomeMy WebLinkAboutOrdinance-1990-0823
INTRODUCED BY COUNCILMEMBER
Shanley
ORDINANCE NO. 823
Series of 1990
TITLE:
AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 26 OF
THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, HEREAFTER
REFERRED TO AS THE ZONING CODE OF THE CITY OF WHEAT
RIDGE, AND PROVIDING FOR THE ALTERNATIVE ENFORCEMENT
METHODS OF CIVIL ENFORCEMENT FOR VIOLATIONS OF SAID
CODE, OR CRIMINAL ENFORCEMENT, INCLUDING PENALTIES TO
BE ASSESSED THEREUNDER.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section I. Chapter 26 of the Code of Laws of the City of
Wheat Ridge, Article I. Zoning Code is hereby enacted as follows,
which such Article I. Incorporates and replaces the existing
Wheat Ridge Code of Laws, Appendix A. Zoning Ordinance:
Chapter 26. Zoning and Land Use Regulations.
Article I. Zoning Code
Section 26-l. Name of Code.
The provisions of Article I of Chapter 26 of the code of Laws
of the City of Wheat Ridge, including Sections 26-1 through
26-l99 inclusive, thereof, shall hereinafter be known as the
Zoning Code of the City of Wheat Ridge, Colorado.
Section 26-2. Intent and Purpose.
The intent and purpose of the Zoning Code of the City of Wheat
Ridge is to encourage the most appropriate use of land throughout
the City to ensure a logical growth of the various physical
elements of the City; to lessen congestion in the streets, and to
facilitate the adequate provision of transportation within and
through the City; to secure safety from fire, panic, and other
dangers; to provide adequate light and air to the residents,
structures and properties within the City; to improve housing
standards; to conserve property values; to facilitate adequate
provisions for water, sewage, schools, parks and other public
improvements; to protect against poor or inadequate drainage or
flood conditions and poor geologic conditions; and in general to
promote the health, safety, and welfare of the citizens and
residents of the City of Wheat Ridge. The regulations contained
within this Zoning Code shall be made and enforced with
reasonable consideration, among other things, as to the character
of each zone district and its specific suitability for particular
uses, and with a view to encouraging the most appropriate uses of
land within the City.
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It is the intent and purpose of the Zoning Code of the City of
Wheat Ridge, and each section thereof, to protect property
values, to preserve neighborhoods, and to protect private
property from adjacent nuisances such as noise and excessive
traffic. Certain uses are not compatible in close proximity to
each other, and therefore regulations have been developed to
mitigate certain elements of incompatibility and districts have
been created to segregate uses which are generally incompatible.
It is further the intent of this Zoning Code to preserve the
right of citizens to participate in the making of decisions which
affect their properties, while preserving, to the maximum lawful
extent, the legislative and quasi-judicial discretion of the
elected representatives of the City of Wheat Ridge.
Section 26-37. Severability.
If any part or parts of this Zoning Code are for any reason
held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining
portions of this Zoning Code. The city council hereby declares
that it would have passed this Zoning Code and each part or parts
thereof, irrespective of the fact that anyone part or parts be
declared invalid or unconstitutional.
Section 2. Chapter 26 of the Code of Laws of the City of
Wheat Ridge, Article I. Zoning Code is hereby amended by the
repeal of existing Appendix A. Zoning Ordinance Sections 31.,
32., 33., 34., 35., 36., and 37., and the enactment of the
following sections:
Section 26-35. Interpretation of Zoning Code.
In interpreting and applying the provisions of this Zoning
Code, said provisions shall be held to be the minimum
requirements for the promotion of public health, safety, morals,
convenience, order, prosperity and general welfare. It is not
intended by this Zoning Code to interfere with or abrogate or
annul any easements, covenants, or agreements between parties;
provided, however, that wherever this Zoning Code imposes a
greater restriction upon the use of buildings or land or upon the
location or height of buildings or structures or required larger
open spaces about buildings than are imposed or required by other
laws, regulations or by easements, covenants or agreements
between parties, the provisions of this Zoning Code shall govern.
Any use not specifically enumerated as a permitted use, an
accessory use, a conditional use, or a Special Use within their
respective categories of use, shall be deemed to be prohibited
within that category of use, unless interpreted by the Zoning
Administrator or Board of Adjustment otherwise.
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Section 26-36. Violation and Penalty.
Any person, firm or corporation, partnership, or any other
entity of whatever description violating any regulation or
provision of this Article I of Chapter 26 of the Code of Laws of
the City of Wheat Ridge shall be in violation of said Article I
of Chapter 26, and shall be subject to the provisions and/or
penalties set forth in Article V of this Section 26.
Section 26-38. Application of Zoning Code.
This Zoning Code shall apply throughout the municipality of
Wheat Ridge.
Section 3. Chapter 26 of the Code of Laws of the City of
Wheat Ridge is hereby amended by adding thereto the following
Article V. Violations and Penalties:
ARTICLE V. VIOLATIONS AND PENALTIES
Section 26-500. Violations.
Any person, firm or corporation, partnership, or other entity
of whatever description violating any regulation or provision of
any of the Sections of Chapter 26 of this Code of Laws shall be
guilty of a violation of said Chapter 26, and shall be subject to
the enforcement provisions hereof.
Section 26-501. Civil Enforcement.
Whenever an alleged violation of any of the provisions of
Section 26, including any of the provisions of Article I, II,
III, or IV, thereof has not been voluntarily abated within the
time specified in the notice issued pursuant to Section 2-34 of
this Code of Laws:
(A) 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.
(B) The civil action to declare and abate a violation of
the 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
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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.
(C) A notice of appearance shall be served with the
summons and complaint. The appearance date shall be
not less than twenty-one (2l) 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.
(D) 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 (lO) 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 and entry of default
and the default judgment entered thereon.
(E) 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.
(F) In order to facilitate just, speedy, informal, and
inexpensive determinations of claims, the Court
shall follow the Rules of County Court Civil
Procedure, as presently adopted and as hereinafter
amended from time to time, excepting Rules 302, 313,
338, 339, 347, 348, 350, 351, 351.1, 359(c)(2), 365,
383, 398, 402, 403, 404, and 406 thereof, and shall
further utilize and follow the provisions of Rule 65
of the Colorado Rules of Civil Procedure in all cases
wherein civil enforcement of the provisions of Chapter
26 is sought. In the event of any discrepancy between
any of the provisions of Chapter 26 and those
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applicable Rules of County Court Civil Procedure, or
Rule 65 of the Colorado Rules of Civil Procedure,
adopted hereby, the provisions of Chapter 26 shall
prevail and be applied.
The right is expressly reserved and delegated to the
presiding judge of the Wheat Ridge Municipal Court to
adopt Rules of Procedure for the Wheat Ridge Municipal
Court, which Rules shall be applicable in any civil
enforcement action brought by the City, provided,
however, that said Rules of Procedure adopted and
promulgated by the presiding judge of this court shall
not conflict with or contradict the authority of the
City to pursue civil endorcement for violations of the
provisions of this Chapter 26.
(G) 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 (l5%) in administrative costs;
plus costs may be assessed against the subject
property pursuant to sections l6-l3-313 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.
Section 26-502. Criminal Actions and Penalty.
When an alleged violation of any of the provisions of this
Chapter 26, including any of the provisions of Articles I, II,
III, or IV hereof, has not been voluntarily abated within the
time specified in the notice issued pursuant to sections 2-34 of
this Code of Laws:
(A) 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 26-502(C) hereof upon the owner, agent,
occupant or person who caused the violation or the
person who allowed the violation to continue.
(B) 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 (l8)
may serve a summons and complaint upon the defendant
or a subpoena upon any witness to the violation. Such
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criminal action shall be prosecuted pursuant to the
Colorado Municipal Court Rules.
(C) 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.
Section 26-503. Other remedies.
The remedies set forth herein in this Article V 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 property person from instituting any other appropriate
action or proceeding to require compliance with the provisions of
this chapter and with administrative orders and determinations
made hereunder.
Section 4. Severability. If any clause, sentence, paragraph,
or part of this Zoning Code or the application thereof to any
person or circumstances shall for any reason be adjusted by a
court of competent jurisdiction invalid, such judgment shall not
affect application to other persons or circumstances.
Section 5. 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.
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Section 6. Supersession Clause. If any provision,
requirement or standard established by this Ordinance is found to
conflict with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which
are in existence as of the date of adoption of this Ordinance,
the provisions, requirements and standards herein shall supersede
and prevail.
Section 7. This ordinance shall take effect
final publication.
15 days after
INTRODUCED, READ, AND
~ on this 12th day of
in full in a newspaper
Wheat Ridge and Public
set for February 26
Council Chambers, 7500
ADOPTED on first ready by a vote of ~ to
February , 1990, ordered published
of general circulation in the City of
Hearing and consideration on final passage
, 1990, at 7:30 o'clock p.m., in the
West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED
by a vote of
1990.
AND ORDERED PUBLISHED on second and final reading
8 to 0 ,this 26th day of February
SIGNED by the Mayor on this
27th day of February
, 1990.
II -/
Wanda S~~~: City cl~ik
~~
DAN WILDE, MAYOR
APPROVED AS
ATTORNEY
JOHN
1st Publication: February 15, 1990
2nd Publication: March 1. 1990
Wheat Ridge Sentinel
Effective Date: March 16. 1990
./