HomeMy WebLinkAboutOrdinance-1990-0838
INTRODUCED BY COUNCILMEMBER BROUGHAM
Ordinance No. 838
Series of 1990
TITLE:
AN ORDINANCE AMENDING THE PROVISIONS OF SECTIONS 5-5 AND
15-9 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE
RELATING TO ENFORCEMENT AND REMEDIES IN THE EVENT OF
VIOLATIONS OF THE PROVISIONS OF CHAPTER 5, BUILDING AND
BUILDING REGULATIONS, AND CHAPTER 15, NUISANCES, OF THE
CODE OF LAWS OF THE CITY OF WHEAT RIDGE.
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 is hereby amended by repealing the provisions of
Section 5-5(a) (6) and reenacting the same as follows:
Sec. 5-5. Enforcement and Remedies.
(a) civil Actions.
(6) 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 amended
hereafter 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 5 is sought. In the event of
any discrepancy between any of the provisions of
Chapter 5 and those applicable rules of County Court
civil Procedure, or Rule 65 of the Colorado Rules
of civil Procedure, adopted hereby, the provisions
of Chapter 5 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
the Municipal Court shall not conflict with or
contradict the authority of the City to pursue civil
enforcement for violations of the provisions of this
Chapter 5.
section 2. section 5-5(c) of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
(c) Other Remedies. The remedies set forth herein are
cumulative. In case of violation of any of the provisions of any
of the Technical Codes adopted pursuant to Article III of Chapter
5, enforcement may be had pursuant to the provisions of this
section 5-5 or any specific provisions of any such Technical Codes
as are currently in effect within the city.
section
Wheat Ridge
subsection.
3. section 5-5 of the Code of Laws of the City of
is hereby amended by adding thereto the following
5-5(d) Cumulative Remedies.
(d) Cumulative 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
with the provisions of this chapter and with administrative orders
and determinations made hereunder.
section 4. section l5-9(a) (6) of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 15-9.
Enforcement and Remedies.
(a) civil Actions.
(6) 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 amended
hereafter 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
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Rule 65 of the Colorado Rules of civil Procedure in
all cases wherein civil enforcement of the
provisions of Chapter 15 is sought. In the event
of any discrepancy between any of the provisions of
Chapter 15 and those applicable rules of County
Court civil Procedure, or Rule 65 of the Colorado
Rules of civil Procedure, adopted hereby, the
provisions of Chapter 15 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
the Municipal Court shall not conflict with or
contradict the authority of the City to pursue civil
enforcement for violations of the provisions of this
Chapter 15.
section 5. 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 6. Safetv 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 property legislative object sought to be
attained.
section 7. This ordinance shall become effective 15
day(s} after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 25th day of June , 1990,
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 23 , 1990, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED,
reading by a vote of
July
AND ORDERED PUBLISHED on
8 to 0 this 23rd
1990.
second and
day of
final
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SIGNED by the Mayor on this 24th
1990.
day of July
~~
Dan Wilde, Mayor
ATTEST:
I
~)l, ~,[~-L/v ~)/.--l " . J
Wanda Sang, City C~}rk
APPROVED AS TO FORM BY
OFFICE OF C"ITY .~TORNEY
! -
i -:7
/ ~
John E. Hayes, City
1st Publication: July 4, 1990 ,/
2nd Publication: August 1, 1990
ApplewoodjWheat Ridge Transcript:
Effective Date: August 16, 1990
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