HomeMy WebLinkAboutOrdinance-1991-0873
INTRODUCED BY COUNCILMEMBER FLASCO
Ordinance No. 873
Series of 1991
TITLE:
AN ORDINANCE AMENDING SECTIONS 2-34, 15-5, AND 15-9 OF
THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE PROVIDING
THAT THE ISSUANCE OF NOTICES TO ABATE NUISANCES IS A
MATTER IN THE DISCRETION OF THE CITY'S CODE ENFORCEMENT
OFFICERS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 2-34 (b) Issuance of Notice to Abate
Nuisance or Violation. of the Code of Laws of the City of Wheat
Ridge is hereby repealed and reenacted as follows:
(b) Issuance of Notice to Abate Nuisance or Violation.
It is hereby declared by the City Council to be the policy of the
City to encourage compliance with all provisions of this Code of
Laws for the purpose of insuring the protection of the public
health, safety and welfare. According, notwithstanding any other
provisions of this Code to the contrary, authority is hereby
granted to the Code Enforcement Officers identified in subsection
(a) hereof, upon their detection or discovery of a violation of
this Code, or any of the sections specified in subsection (a)
hereof, or of the existence of a nuisance within the City, and in
the Code Enforcement Officer's sole discretion, to issue a notice
to abate said violation or nuisance to the person responsible. The
discretionary issuance of such a notice to abate shall not
constitute a summons and complaint, and no criminal liability shall
attach as a result of such service, and such discretionary issuance
of such notice to abate is not a prerequisite to the issuance of
a summons and complaint.
Section 2. Section 15-5(a) of the Code of Laws of the city
of Wheat Ridge is hereby repealed and reenacted as follows:
15-5(a). Notice to Abate. The authorized inspector,
upon the discovery of any nuisance on public or private property
in the City, may, in the exercise of the discretion of the
authorized inspector as set forth in Section 2-34(b) of this Code
of Laws, notify the owner or occupant of such property in writing,
requiring the owner or occupant of the property to remove and abate
from the property the thing or things therein described as a
nuisance within the time specified in the notice; provided,
however, that no notice to abate shall be required in the event
the authorized inspector discovers an eminent danger of damage or
injury to or loss of life, limb, property or health.
Ord. No. 873
Page -2-
(1) For any nuisance which does not threaten
eminent danger of damage or injury, and for which a discretionary
notice to abate has been issued, the reasonable time for abatement
shall not exceed seven days unless it appears from the facts and
circumstances that compliance could not reasonably be made within
seven days or that a good faith attempt at compliance is being
made.
(2) In furtherance of the City's policy of
encouraging both the abatement of nuisances and compliance with the
provisions of this Code, any person who has received a notice to
abate or who has been served a summons and complaint for a
violation of any of the provisions of this Chapter shall be
notified in writing by the Mayor, the city Administrator, or their
designee, that in the event the violation cited in the notice to
abate and/or summons and complaint is abated within the time
provided in subsection (1), cancellation of the notice to abate or
dismissal from the municipal court of the summons and complaint may
occur.
(3) If the owner or occupant shall fail to comply
with the requirements for a period longer than named in any notice
to abate which is issued in the discretion of the authorized
inspector, the Mayor or the city Administrator shall proceed to
have the nuisance described in the notice removed or abated from
the property described in the notice without delay; and the Mayor
or the City Administrator shall have the authority to call for any
necessary assistance.
(4) In no event shall it be a requirement that a
notice to abate be issued prior to issuance of a summons and
complaint.
section 3. section 15-9(a) of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
15-9(a). civil Actions. When an alleged violation of
this Chapter has not been abated within the time specified in any
notice to abate issued pursuant to section 15-5(a):
section 4. section 15-9(b) of the Code of Laws of the city
of Wheat Ridge is hereby repealed and reenacted as follows:
15-9(b). Criminal Actions. When an alleged violation
of this Chapter has not been abated within the time specified in
any notice issued pursuant to section 15-5(a):
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.
873
Page -3-
Ord. No.
section 6. 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 property legislative object sought to be
attained.
section 7. This ordinance shall become effective one day
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 1 on this 12th day of Auqust , 1991,
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, September 9. , 1991, 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
September
AND ORDERED
8 to
, 1991.
PUBLISHED
o this
on
9th
second and
day of
final
SIGNED by the Mayor on this
1991.
10th day of
September
&-~~~
Dan Wilde, Mayor
ATTEST:
J. "
.utcA.. --.tlO-;c<
Wanda Sang, City cl rk
1st Publication: August 21, 1991
2nd Publication: September 18, 1991
Wheat Ridge sentinel
Effective Date: September 19, 1991