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HomeMy WebLinkAboutOrdinance-2000-1207 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Worth Council Bill No. 27 Ordinance No. 1207 Series of 2000 TITLE: AN ORDINANCE AMENDING CHAPTER 5 OF THE WHEAT RIDGE CODE OF LAWS BY ADDING SECTION 5-82 CONCERNING THE ADOPTION BY REFERENCE OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE WHEREAS, pursuant to C.R.S. !j 31-16-201, et seq., the City of Wheat Ridge possesses the authority to adopt codes by reference; and WHEREAS, the City of Wheat Ridge desires to ensure the health, safety and welfare of its residents through the adoption of the 1998 Edition of the International Property Maintenance Code which concerns regulations and standards governing the occupancy and maintenance of premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, and life and fire safety; and WHEREAS, copies of the 1998 Edition of the International Property Maintenance Code are available for public inspection in the Office of the City Clerk. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-82, Reserved, is hereby adopted to read; SEC. 5-82. PROPERTY MAINTENANCE CODE. (A) THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 1998 EDITION, BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, 5360 WORKMAN MILL ROAD, WHITTIER, CALIFORNIA, 90601-2298, IS HEREBY ADOPTED BY REFERENCE AND INCORPORATED INTO THIS ARTICLE AS THOUGH FULLY SET FORTH HEREIN AS THE CODE OF THE CITY OF WHEAT RIDGE FOR PROPERTY MAINTENANCE. ONE COPY OF SAID PROPERTY MAINTENANCE CODE SHALL BE FILED IN THE OFFICE OF THE CITY CLERK AND MAY BE INSPECTED DURING REGULAR BUSINESS HOURS. SUCH CODE SHALL BE REFERRED TO AS THE PROPERTY MAINTENANCE CODE OF THE CITY OF WHEAT RIDGE AND IS HEREBY ADOPTED IN FULL, SUBJECT TO THE AMENDMENTS SET FORTH IN SUBPARAGRAPH (B) BELOW. LCM\53027\354509 01 302..4 Weeds. ^1I J')reFAiGeG ami exterior flroflerty ahall be fflaintained free from .....eeds or plant ~rowth in CJ(CCSG of 10 inches (254 ffim). ^II no)(iouG 'Needs sholl be prohibited. Weeds shall be dcfineeJ as 011 graGses, onnual I3lantG, and ...e~etation, other than treeG or Ghrubs provided: however, this terffi sRall not inelude oultivotcd flov.ers and gardcnG. 302.8. Meter 'lehielcs. Except aG provielc8 for in othcr rcgulationG, not ffiore than one eurrently unregistcred or uninGpocted motor vchiele shall be parked, kept or storcd on any promiGcG, and no vehicle shall at aRY tiffie be in a state of FAajor disasscA'lbly diG repair , or in the proeOGG of Being striJ3pod or disFAilntled. ExecatioR. ^ vohiele of any type is perA'litted to undergo ffiajor overhaul, including eody work, I3rovidcd that Gueh wC:Jrk iG perforA'led inside a Gtructurc or siffiilarly enclosed area dcsigned and approved for such purposes. Section 6. Section 305. Rubbish and Garbage IS deleted in its entirety as follows: SeetieR 305 RUBBISH AND GARBAGE 305.1 AeelilflulatieR ef rlibbish er flerbefle. All CJ(terior property and preffiiGcG, ami the il'lterior of every strueture, shall ee free fro FA any aeeuffiulation of rubbish or garbage. 305.2 Disposel ef rlibbish. disl30Ge of 011 rUBbish in a eloan rubbish in aPl3roved containers. Every oeeul3ant of a Gtrueturo Ghall and sanitary ffionner by plaeing sueh 305.21 Rlibbish stereflc faeilitics. The O\f'v'ner of every oecupiod J3rcFAisos Ghall supply apl3rovcd covcred containcrG for rubeiGh, and the owner of tAc I9remiseG shall be reGponGible for the refflO\ia~ of rubeiGn. 305.3 Disposal ef flerbefle. Every oceupant of a strueture Ghall disposc of garbage in a elcan anEI sanitary manner by placing Guch gareage in an al9l9reved ~arboge diGpesal faeility or appro'v'ed garbage oontainorG. 305.3.1 Cerbefle facilities. Tho owner of every dwclling Ghall supply one of the fallowing: on appro'v'ed ffieehanieal food waste grinder iA each d'.\'elling unit; an approved ineincrator unit LCM\53027\354509 01 -3- (B) THE PROPERTY MAINTENANCE CODE ADOPTED BY THIS SECTION IS AMENDED AS FOLLOWS. SECTION NUMBERS REFERRED TO HEREIN REFER TO AND CORRESPOND WITH THE SECTION NUMBERS OF THE PROPERTY MAINTENANCE CODE. Section 2. Section 101.2. Scope, shall be amended to read as follows: The provisions of this PROPERTY MAINTENANCE code shall apply to all existing residential STRUCTURES CONTAINING TEN (10) OR MORE RESIDENTIAL UNITS, aM ALL nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for the administration, enforcement and penalties. Section 3. Section 106.4. Violation Penalties, shall be deleted in its entirety and replaced with the following: It shall be unlawful for any person, firm or corporation to violate or fail to comply with any provision of the Property Maintenance Code. A person, firm or corporation who violates the Property Maintenance Code may be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a period not exceeding one year, or both such fine and imprisonment; provided however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this Code. Each day that a violation continues shall be deemed a separate offense. Section 4. Section 202. General Definitions, shall be amended by deleting the following definitions: "GARBACE: The animal er vegetable ......OGte reGulting from the handlinf:), weparotion, eeelting and conGumptiofl of food. " "RUBBISH: Com13uGtiblc and noneoA913ustiblc '.'\IOGte materialG, m(Ccpt garbage; the terA9 shall inelude the residue from the burning of wood, eoal, eolte and other eombuGtible materialG, paper, ragG, eoronG, bQ)(Cs, v..-ood, mwelsior, rubber, leather, tree erancheG, yard trimmingG, tin ConG, metals, A9ineral matter, glaGG, croeltery and dUGt and other similar matcrialG. " Section 5. Section 302. Exterior Property Areas, shall be amended by deleting the following subsections; LCM\53027\354509 01 -2- in the structure availablo to the ooeupants in oaeh e\'vollin\'j unit; or an appreved loakl3reof, ee'/eres, eutsiele garbage oontainer. 306.3.2 CeFltaiFlers. The ol3eroter of overy oGtablishrncnt produeinfj gad38fje Ghall pravidc, and at all timos cau:JC to be utilized, appraved leakl3reof eentainorG previded with eloGe fittinfj oovors fer tho stora~o of sueh materialG until removed frOFA tho premiGoG for EliGpoGel. Section 7. 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 8. Severability; Conflictina Ordinances Reoealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 9. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 28th day of August , 2000, 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 September 25 , 2000, at 7:00 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 7 to 1 , this 25th day of September , 2000. LCM\53027\354509 01 -4- SIGNED by the Mayor on this 26th ATTEST, A ~1~~ ..' J~ Wanda Sang, City Clerk') First Publication: September 1, 2000 Second Publication: September 29, 2000 Wheat Ridge Transcript Effective Date; October 14, 2000 lCM\53027\35450901 day of ,2000. September -5-