HomeMy WebLinkAboutOrdinance-2000-1210
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER WORTH
Council Bill No 26
Ordinance No 1210
Series of 2000
TITLE. AN ORDINANCE AMENDING CHAPTER 15 OF THE
WHEAT RIDGE CODE OF LAWS BY AMENDING SECTION
15-1, DEFINITIONS, ADDING SECTIONS 15-31 THROUGH
15-34 AND ADDING A NEW ARTICLE III, SECTIONS 15-40
THROUGH 15-46, ENTITLED "CLOSURE PROCEDURES FOR
SPECIFIED CRIME PROPERTIES"
WHEREAS, Section 31-15-401 (1 )(c),C RS authorizes the City to declare and
abate public nuisances; and
WHEREAS, Chapter 15 of the Code of Laws presently contains provisions
related to nuisance abatement and enforcement;
WHEREAS, the City Council wishes to amend Chapter 15 to address, abate and
enforce nuisances arising out of criminal conduct occurring on private properties, and
WHEREAS, the City Council finds and determines that "specified crime
properties" pose a danger to the public health, safety, and general welfare of the
citizens of Wheat Ridge and that amendments to Chapter 15 to abate such nuisances
through closure procedures is necessary to protect the City's residents
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO'
Section 1. Section 15-1, Definitions, of the Code of Laws is hereby amended by
adding the following definitions to read
"ABATE" SHALL MEAN TO BRING INTO COMPLIANCE, HALT,
ELIMINATE OR REMEDY
"PROSCRIBED ACT(S)" SHALL MEAN ANY ONE OF THE FOLLOWING
(1) PROSTITUTION OR SOLICITATION OF PROSTITUTION,
SECTIONS 16-201 AND 202, RESPECTIVELY, OF THIS CODE
OF LAWS,
(2) PROFESSIONAL GAMBLING, C RS. ~ 18-10-102(8), GAMBLING
ON PREMISES, C RS ~ 18-10-102(7),
(3) THE MANUFACTURE, CULTIVATION, GROWTH, PRODUCTION,
PROCESSING, SALE, DISTRIBUTION, STORAGE OR USE, OR
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POSSESSION FOR ANY UNLAWFUL MANUFACTURE, SALE,
DISTRIBUTION OR USE OF A CONTROLLED SUBSTANCE,
C RS 918-18-405, EXCEPT FOR POSSESSION OF LESS THAN
EIGHT OUNCES OF MARIJUANA, OR ANY IMITATION
CONTROLLED SUBSTANCE, C RS 918-18-421,
(4) FELONY OR MISDEMEANOR THEFT BY RECEIVING, C RS
S 1 8-4-41 0,
(5) UNLAWFUL MANUFACTURE, SALE, OR DISTRIBUTION OF
DRUG PARAPHERNALIA, C.RS 918-18-429,
(6) PROSTITUTION OF A CHILD, C.RS 918-7-401(7), SOLICITING
FOR CHILD PROSTITUTION, C RS. 9 18-7-402, PANDERING OF
A CHILD, C RS 918-7-403, KEEPING A PLACE OF CHILD
PROSTITUTION, C.RS S 18-7-404, PIMPING A CHILD, C RS
S 18-7-405, OR INDUCEMENT OF CHILD PROSTITUTION,
CRS S18-7-4055,
(7) SEXUAL EXPLOITATION OF CHILDREN, C RS 918-6-403,
(8) THE ENGAGEMENT BY ANY ONE PERSON IN DISTURBING
THE PEACE WITHIN THE MEANING OF CODE OF LAWS
SECTIONS 16-101 - 110;
(9) A VIOLATION OF ANY PROVISION OF THE COLORADO
LIQUOR CODE (C.RS 912-47-101, ET SEQ.) OR THE
COLORADO BEER CODE (C.RS S 12-46-101, ET SEQ),
(10) A VIOLATION OF ANY PROVISION OF THE COLORADO
ESCORT SERVICE CODE, C.RS S 12-255-101, ET SEQ.,
(11) A VIOLATION OF ANY PROVISION OF THE COLORADO
MASSAGE PARLOR CODE, C RS S 12-485-101, ET SEQ,
(12) ANY OFFENSE RELATING TO FIREARMS AND WEAPONS, AS
DEFINED IN C RS 9S18-12-102, 18-12-1075, AND 18-12-109,
(13) TO MAINTAIN, USE, RENT OR LEASE ANY PROPERTY OR
SUBUNIT THEREOF INCLUDING SINGLE-FAMILY DWELLINGS,
WHERE PEOPLE ARE ALLOWED TO CONGREGATE, GATHER,
OR LOITER IN SUCH A MANNER AS TO DISTURB THE PEACE
OF OTHER PERSONS LAWFULLY ON THE PROPERTY ITSELF
OR LAWFULLY IN THE VICINITY OF THE PROPERTY,
(14) TO MAINTAIN OR USE ANY BUILDING OR STRUCTURE WHICH
SUBSTANTIALLY INJURES OR ENDANGERS THE COMFORT,
HEALTH, REPOSE OR SAFETY OF THE PUBLIC BY REASON
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OF VANDALISM, INADEQUATE MAINTENANCE,
ABANDONMENT OR OTHERWISE INCLUDING
a VACANT, INADEQUATELY MAINTAINED, OR BOARDED
UP BUILDINGS OR STRUCTURES LOCATED WITHIN
1,000 FEET OF A RESIDENTIAL ZONE DISTRICT WHICH
DO NOT SHOW EVIDENCE OF CURRENT
CONSTRUCTION OR REMODELING ACTIVITY, OR
b VACANT BUILDINGS OR STRUCTURES, REGARDLESS
OF PROXIMITY TO A RESIDENTIAL ZONE DISTRICT,
WHICH ARE NOT SECURE AND TO WHICH ENTRY MAY
BE MADE THROUGH OPENED OR UNLOCKED DOORS,
WINDOWS OR OTHER OPENINGS,
(15) TO MAINTAIN, USE, RENT OR LEASE ANY PROPERTY OR
SUBUNIT THEREOF IN A MANNER OR CONDITION WHICH
EXCEEDS THE OCCUPANCY LOAD OF THE PROPERTY OR
SUBUNIT THEREOF OR OTHERWISE VIOLATES THE UNIFORM
BUILDING CODE, AS ADOPTED AND AMENDED BY THE CITY;
Section 2. Section 15-1, Definitions, of the Code of Laws is hereby
amended by amending the following definition to read.
"AGENT" SHALL MEAN ANY PERSON AUTHORIZED BY THE OWNER
TO ACT AS A REPRESENTATIVE, TENANT OR MANAGER OF
OWNER'S REAL PROPERTY
Section 3. Section 15-9, Enforcement and Remedies, of the Code of Laws,
is hereby amended by inserting "or Section 15-33" in subsection (b) to read:
(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)
OR SECTION 15-33'
Section 4. Article III, Specified Nuisances, of Chapter 15 is hereby amended by
adding the following Sections 15-31 through 15-34 to read.
SEC. 15-31. NUISANCES INVOLVING PROSCRIBED ACTS.
IT IS HEREBY DECLARED TO BE A PUBLIC NUISANCE AND SHALL
BE UNLAWFUL FOR ANY OWNER OR AGENT
(a) TO COMMIT, CONDUCT, PROMOTE, FACILITATE, ALLOW, FAIL
TO PREVENT OR OTHERWISE LET HAPPEN ANY PROSCRIBED ACT,
AS DEFINED IN SECTION 15-1 OF THIS CHAPTER, UPON THE
OWNER'S PROPERTY SITUATED WITHIN THE LIMITS OF THE CITY
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(b) FOR PURPOSES OF THIS SECTION, WHERE A PROSCRIBED
ACT REFERENCES A SECTION CONTAINED WITHIN THE STATE
STATUTES (C R S ), OR THE WHEAT RIDGE CODE OF LAWS, SAID
ACTIVITY SHALL HAVE THE SAME DEFINITION AS CONTAINED
WITHIN THE STATE STATUTES OR THE CODE OF LAWS BUT SHALL
NOT REQUIRE THAT THE ACTIVITY WAS CHARGED OR
PROSECUTED TO A FINAL JUDGMENT.
SEC. 15-32. ABATEMENT PROCEDURES. EXCEPT AS OTHERWISE
EXPRESSLY SET FORTH IN SECTIONS 15-33 AND 15-34,
ABATEMENT AND ENFORCEMENT PROCEDURES FOR VIOLATIONS
OF SECTION 15-30 SHALL BE IN ACCORDANCE WITH ARTICLE I OF
THIS CHAPTER.
SEC. 15-33. PRIOR NOTIFICATION.
(a) AT LEAST FIFTEEN (15) DAYS PRIOR TO THE ISSUANCE OF A
MUNICIPAL SUMMONS AND COMPLAINT FOR AN ALLEGED
VIOLATION OF SECTION 15-31, THE CITY SHALL PROVIDE WRITTEN
NOTICE IN ACCORDANCE WITH SECTION 15-5(b) & (c) OF THIS
CHAPTER.
SEC. 15-34. EFFECT OF ABATEMENT EFFORTS; DEFENSE TO
ACTION.
(a) IF AN OWNER OR AGENT IS LEASING THE PROPERTY TO
ONE OR MORE TENANTS AND THE ALLEGED VIOLATION(S) UNDER
SECTION 15-30 WAS COMMITTED BY ONE OR MORE OF THE
TENANTS OR OCCUPANTS OF THE PROPERTY, IT SHALL BE A
DEFENSE TO AN ACTION UNDER THIS ARTICLE THAT SAID
PERSON HAS
(i) EVICTED, OR ATTEMPTED TO EVICT BY COMMENCING
AND PURSUING WITH DUE DILIGENCE APPROPRIATE
COURT PROCEEDINGS, ALL OF THE TENANTS AND
OCCUPANTS OF THE PROPERTY THAT COMMITTED
SUCH VIOLATIONS THAT CONSTITUTE THE ALLEGED
PUBLIC NUISANCE, AND
(ii) HAS, CONSIDERING THE NATURE AND EXTENT OF THE
SEPARATE VIOLATIONS, UNDERTAKEN AND PURSUED
WITH DUE DILIGENCE REASONABLE MEANS TO AVOID
A RECURRENCE OF SIMILAR VIOLATIONS ON THE
PROPERTY BY THE PRESENT AND FUTURE TENANTS
AND OCCUPANTS OF THE PROPERTY.
(b) SUCH DEFENSE SHALL BE AN ABSOLUTE DEFENSE WHICH
IS AVAILABLE TO THE OWNER OR AGENT ONLY AS TO THE FIRST
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CAUSE OF ACTION BROUGHT BY THE CITY FOR ALLEGED
VIOLATIONS OF SECTION 15-30 ANY SUBSEQUENT CAUSE OF
ACTION ALLEGING A VIOLATION OF SECTION 15-30 SHALL NOT
ENTITLE SUCH OWNER OR AGENT TO SAID DEFENSE
Section 5. Article III, Reserved, of Chapter 15 is hereby amended to add the
following Sections 15-40 through 15-46 to read
ARTICLE III. CLOSURE PROCEDURES FOR
PROPERTY CRIME PROPERTY
SPECIFIED
SEC. 15-40. DEFINITIONS.
THE FOLLOWING WORDS, TERMS AND PHRASES, WHEN USED IN
THIS ARTICLE SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN
THIS SECTION, EXCEPT WHERE THE CONTEXT CLEARLY
INDICATES A DIFFERENT MEANING'
CHARGEABLE OFFENSE MEANS AN ACT OR OMISSION THAT
CONSTITUTES ANY PROSCRIBED ACT AS DEFINED IN SECTION 15-
1 OF THIS CHAPTER.
CHIEF OF POLICE INCLUDES ANY PERSON DESIGNATED BY THE
POLICE CHIEF AS HIS OR HER DELEGATE IN THE ENFORCEMENT
OF THIS ARTICLE.
COURT MEANS THE CITY OF WHEAT RIDGE MUNICIPAL COURT
KNOWLEDGE MEANS WHAT AN OBJECTIVE, REASONABLY
CAUTIOUS PERSON WOULD HAVE KNOWN UNDER SIMILAR
CIRCUMSTANCES
PERSON MEANS ANY NATURAL PERSON, ASSOCIATION,
PARTNERSHIP, OR CORPORATION CAPABLE OF OWNING OR
USING PROPERTY IN THE CITY
SPECIFIED CRIME PROPERTY MEANS ANY PROPERTY OR
STRUCTURE WHEREIN FIVE (5) OR MORE CHARGEABLE
OFFENSES INVOLVING ANY PROSCRIBED ACT AS DEFINED IN
SECTION 15-1 OF THIS CHAPTER HAVE OCCURRED WITHIN A
TWELVE MONTH PERIOD; PROVIDED, HOWEVER, THAT WITHIN
FIFTEEN (15) DAYS OF EACH CHARGEABLE OFFENSE, EXCEPT THE
FIFTH AND FINAL CHARGEABLE OFFENSE NEEDED TO PROVE THE
EXISTENCE OF A SPECIFIED CRIME PROPERTY UNDER THIS
ARTICLE, THE CITY HAS SENT NOTICE OF SUCH OFFENSE TO THE
OWNER AND OCCUPANT IN ACCORDANCE WITH SECTION 15-33
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STRUCTURE MEANS ANY TYPE OF BUILDING, DWELLING, EDIFICE,
ENCLOSURE, GARAGE, HOUSE, ROOM, SHED, SHOP, STORE,
WAREHOUSE, OR UNIT THEREOF
SEC. 15-41. SPECIFIED CRIME PROPERTY PROHIBITED.
(a) IT IS UNLAWFUL FOR ANY STRUCTURE TO BE EMPLOYED OR
USED AS SPECIFIED CRIME PROPERTY WITHIN THE CITY IF A
STRUCTURE IS FOUND TO BE USED OR EMPLOYED IN VIOLATION
OF THIS SECTION, IT IS SUBJECT TO CLOSURE FOR A PERIOD OF
UP TO ONE YEAR.
(b) IT IS UNLAWFUL FOR ANY PERSON TO EMPLOY, USE, OR
MAINTAIN, OR MAKE AVAILABLE OR ALLOW THE EMPLOYMENT,
USE, OR MAINTENANCE OF STRUCTURES AS SPECIFIED CRIME
PROPERTY WITHIN THE CITY ANY PERSON WHO FAILS TO
VOLUNTARILY CEASE THE USE OR OCCUPANCY OF A STRUCTURE
AS REQUIRED BY THIS ARTICLE MAY BE REMOVED PURSUANT TO
A COURT ORDER AFTER NOTICE AND AN OPPORTUNITY TO BE
HEARD BEFORE THE COURT
SEC. 15-42. CLOSURE PROCEDURE.
(a) WHEN THE CHIEF OF POLICE BELIEVES THAT A STRUCTURE
IS BEING EMPLOYED, USED, OR MAINTAINED IN VIOLATION OF
SECTION 15-41, THE CHIEF OF POLICE MAY COMMENCE
PROCEEDINGS TO CAUSE THE CLOSURE OF THE STRUCTURE.
EXCEPT IN CASES BROUGHT PURSUANT TO SECTION 15-45, THE
CHIEF OF POLICE SHALL.
(1) NOTIFY THE OWNER OF RECORD IN WRITING THAT THE
STRUCTURE HAS BEEN DETERMINED TO BE SPECIFIED
CRIME PROPERTY. THE NOTICE SHALL CONTAIN THE
FOLLOWING INFORMATION.
a. THE STREET ADDRESS OR A LEGAL DESCRIPTION
SUFFICIENT FOR IDENTIFICATION OF THE PREMISES
ON WHICH THE STRUCTURE IS LOCATED
b A STATEMENT THAT THE CHIEF OF POLICE HAS
FOUND THE STRUCTURE TO BE IN VIOLATION OF THIS
ARTICLE WITH A CONCISE DESCRIPTION OF THE
CONDITIONS LEADING TO HIS OR HER FINDINGS.
(2) CAUSE A COpy OF THE NOTICE TO BE SERVED ON THE
OWNER OR HIS OR HER AGENT AT LEAST TEN DAYS PRIOR
TO THE COMMENCEMENT OF ANY JUDICIAL ACTION BY THE
CITY SERVICE SHALL BE MADE EITHER PERSONALLY OR
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BY MAILING A COpy OF THE NOTICE BY CERTIFIED MAIL,
POSTAGE PREPAID, WITH RETURN RECEIPT REQUESTED,
TO THE PERSON AT HIS OR HER ADDRESS AS IT APPEARS
ON THE LAST TAX ASSESSMENT OR AS MAY BE OTHERWISE
KNOWN TO THE CHIEF OF POLICE.
(3) CAUSE A COpy OF THE NOTICE TO BE SERVED IN PERSON
OR BY CERTIFIED MAIL, POSTAGE PREPAID, WITH RETURN
RECEIPT REQUESTED TO THE OCCUPANT OF THE
STRUCTURE NOT LESS THAN TEN DAYS TO THE
COMMENCEMENT OF ANY JUDICIAL PROCEEDING
(4) CAUSE A COpy OF THE NOTICE TO BE POSTED UPON THE
PROPERTY NOT LESS THAN TEN DAYS PRIOR TO THE
COMMENCEMENT OF ANY JUDICIAL PROCEEDINGS
(b) THE FAILURE OF ANY PERSON OR OWNER TO RECEIVE
ACTUAL NOTICE OF THE DETERMINATION BY THE CHIEF OF
POLICE SHALL NOT INVALIDATE OR OTHERWISE AFFECT THE
PROCEEDINGS UNDER THIS ARTICLE
(c) AFTER ISSUANCE OF A NOTICE AS PROVIDED IN THIS
SECTION, THE CITY MAY COMMENCE CIVIL PROCEEDINGS IN
COURT SEEKING THE CLOSURE OF THE STRUCTURE AS WELL AS
THE IMPOSITION OF CIVIL PENALTIES AGAINST ANY OR ALL THE
OWNERS THEREOF AND ANY SUCH OTHER RELIEF AS MAY BE
DEEMED APPROPRIATE NO FEES SHALL BE ASSESSED FOR
FILING PLEADINGS IN CONNECTION WITH THE ENFORCEMENT OF
THIS ARTICLE
SEC. 15-43. ENFORCEMENT OF CLOSURE ORDER; COSTS; CIVIL
PENALTY.
(a) IF A COURT FINDS THAT A STRUCTURE CONSTITUTES
SPECIFIED CRIME PROPERTY AS DEFINED IN THIS ARTICLE, THE
COURT MAY ORDER THAT IT SHALL BE CLOSED FOR A PERIOD OF
TIME NOT TO EXCEED ONE YEAR, PROVIDED THAT THE
FOLLOWING MINIMUM STANDARDS MAY APPLY'
(1) FOR THE FIRST CLOSURE ORDER APPLICABLE TO THE
PROPERTY, A MINIMUM OF ONE MONTH;
(2) FOR THE SECOND CLOSURE ORDER APPLICABLE TO A
PROPERTY, A MINIMUM OF TWO MONTHS;
THE COURT SHALL ALSO ORDER THAT THE OWNER PAY TO
THE CITY A CIVIL PENALTY OF $500, AND IN ADDITION, IN
THE DISCRETION OF THE COURT, A FURTHER CIVIL
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PENALTY OF $50 00 FOR EACH DAY THE OWNER HAD
KNOWLEDGE OF ACTIVITIES OR CONDITIONS AT THE
STRUCTURE CONSTITUTING A VIOLATION OF THIS ARTICLE
(b) THE COURT MAY ALSO AUTHORIZE THE CITY TO
PHYSICALLY SECURE THE STRUCTURE AGAINST USE OR
OCCUPANCY IF THE OWNER FAILS TO DO SO WITHIN THE TIME
SPECIFIED BY THE COURT IF THE CITY IS AUTHORIZED TO
SECURE THE PROPERTY, ALL COSTS REASONABLY INCURRED BY
THE CITY TO EFFECT A CLOSURE SHALL BE MADE AN
ASSESSMENT LIEN UPON THE PROPERTY. AS USED IN THIS
SUBSECTION, THE TERM "COSTS" MEANS THOSE COSTS
ACTUALLY INCURRED BY THE CITY FOR THE PHYSICAL SECURING
OF THE STRUCTURE THE DEPARTMENT OF PLANNING AND
DEVELOPMENT SHALL PREPARE A STATEMENT OF COSTS TO BE
USED FOR THE LABOR AND MATERIALS LIENS IMPOSED BY THIS
ARTICLE SHALL BE COLLECTED IN ALL RESPECTS AS PROPERTY
TAXES
(c) ANY PERSON WHO IS ASSESSED THE COSTS OF CLOSURE
OR A CIVIL PENALTY BY THE COURT SHALL BE PERSONALLY
LIABLE FOR THE PAYMENT THEREOF TO THE CITY
(d) THE OWNER MAY APPLY TO THE COURT AT ANY TIME FOR
RELIEF FROM SUCH CLOSURE ORDER AND JUDGMENT AS
PROVIDED BY SECTION 15-46
SEC. 15-44. COMMENCEMENT OF ACTIONS; BURDENS OF PROOF;
DEFENSES; MITIGATION OF CIVIL PENAL TV.
(a) EXCEPT IN A PROCEEDING UNDER SECTION 15-45
(EMERGENCY CLOSURES), IF AFTER THE COMMENCEMENT BUT
PRIOR TO THE TRIAL BROUGHT BY THE CITY PURSUANT TO THIS
ARTICLE AN OWNER SPECIFICALLY STIPULATES TO ABATEMENT
OF THE CONDITIONS GIVING RISE TO THE VIOLATION, THE CITY
MAY AGREE TO STAY THE PROCEEDINGS THE CITY MAY SEEK
RELIEF FROM ANY STAYED PROCEEDINGS WHERE THE OWNER
FAILS TO PROCEED WITH ABATEMENT AS STIPULATED
(b) IN AN ACTION SEEKING THE CLOSURE OF A PROPERTY OR
STRUCTURE AS SPECIFIED CRIME PROPERTY, THE CITY SHALL
HAVE THE INITIAL BURDEN OF PROOF TO SHOW BY A
PREPONDERANCE OF THE EVIDENCE THAT THE PROPERTY OR
STRUCTURE IS A SPECIFIED CRIME PROPERTY
(c) IN AN ACTION SEEKING CIVIL PENALTIES FROM AN OWNER,
THE CITY SHALL HAVE THE INITIAL BURDEN OF PROOF TO SHOW
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BY A PREPONDERANCE OF THE EVIDENCE THAT THE OWNER HAD
KNOWLEDGE OF ACTIVITIES OR CONDITIONS AT THE PROPERTY
OR STRUCTURE CONSTITUTING A VIOLATION OF THIS ARTICLE
(d) IN ESTABLISHING THE AMOUNT OF ANY CIVIL PENALTY, THE
COURT SHALL CONSIDER ANY OF THE FOllOWING FACTORS, AS
THEY MAY BE APPROPRIATE, AND SHALL CITE THOSE FOUND
APPLICABLE
(1) THE ACTIONS TAKEN BY THE OWNER TO MITIGATE OR
CORRECT THE CONDITIONS GIVING RISE TO THE CLOSURE
OF THE SPECIFIED CRIME PROPERTY,
(2) THE FINANCIAL CONDITION OF THE OWNER,
(3) THE MAGNITUDE OR GRAVITY OF THE CONDITIONS GIVING
RISE TO THE CLOSURE OF THE SPECIFIED CRIME
PROPERTY,
(4) THE ECONOMIC OR FINANCIAL BENEFIT ACCRUING OR
LIKELY TO ACCRUE TO THE OWNER AS A RESULT OF THE
CONDITIONS GIVING RISE TO THE CLOSURE OF THE
SPECIFIED CRIME PROPERTY,
(5) THE COOPERATIVENESS OF THE OWNER WITH THE CITY,
(6) THE COST TO THE CITY OF INVESTIGATING AND
CORRECTING OR ATTEMPTING TO CORRECT THE
CONDITIONS GIVING RISE TO THE CLOSURE OF THE
SPECIFIED CRIME PROPERTY; AND
(7) ANY OTHER FACTOR DEEMED BY THE COURT TO BE
RELEVANT
SEC. 15-45. CLOSURE DURING PENDENCY OF ACTION;
EMERGENCY CLOSURES.
IF IT IS DETERMINED THAT THE PROPERTY OR STRUCTURE IS AN
IMMEDIATE THREAT TO THE PUBLIC SAFETY AND WELFARE, THE
CITY MAY APPLY TO THE COURT FOR SUCH IMMEDIATE EX PARTE
INTERIM RELIEF THAT IS DEEMED APPROPRIATE WITHOUT PRIOR
NOTIFICATION PURSUANT TO SECTION 15-42(A). THE COURT
SHALL ORDER THE FORTHWITH SERVICE OF THE NORMAL
PLEADINGS TOGETHER WITH A COPY OF EMERGENCY ORDER.
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SEC. 15-46. RELIEF FROM CLOSURE ORDER.
(a) AN OWNER OF A PROPERTY OR STRUCTURE DETERMINED
TO BE SPECIFIED CRIME PROPERTY MAY OBTAIN RELIEF FROM
THE COURT'S JUDGMENT IF THE OWNER.
(1) APPEARS AND PAYS ALL COSTS ASSOCIATED WITH THE
PROCEEDINGS UNDER THIS ARTICLE,
(2) FILES A BOND IN SUCH A PLACE AND ON SUCH FORM AS
THE COURT MAY BY ORDER DIRECT IN AN AMOUNT NOT
LESS THAN THE TAX-ASSESSED VALUE OF THE PROPERTY
OR STRUCTURE AND KEEPS THE BOND IN FORCE FOR A
PERIOD OF NOT LESS THAN ONE YEAR OR FOR SUCH
LONGER PERIOD AS THE COURT DIRECTS, AND
(3) ENTERS INTO A STIPULATION WITH THE CITY THAT THE
OWNER WILL IMMEDIATELY ABATE THE CONDITIONS GIVING
RISE TO THE SPECIFIED CRIME PROPERTY AND WILL
UNDERTAKE AND PURSUE WITH DUE DILIGENCE
REASONABLE MEANS TO AVOID AND PREVENT SUCH
UNLAWFUL CONDITIONS FROM BEING ESTABLISHED OR
MAINTAINED THEREAFTER. THE STIPULATION SHALL BE
MADE PART OF THE COURT'S FILE.
(b) IF THE OWNER VIOLATES THE TERMS OF THE STIPULATION,
THE CITY MAY THEREAFTER APPLY TO THE COURT FOR AN
ORDER AWARDING UP TO THE ENTIRE AMOUNT OF THE BOND TO
THE CITY AS A PENALTY AS WELL AS SUCH OTHER RELIEF,
INCLUDING CLOSURE FOR ANY ADDITIONAL PERIOD OF UP TO
ONE YEAR, THAT IS DEEMED BY THE COURT TO BE APPROPRIATE
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 proper legislative object sought to be
attained
Section 7. Severability; Conflicting Ordinances Repealed 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
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Section 8. Effectiye 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 B to
o on this 25th day of September , 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 October 23 , 2000, at 700
o'clock pm, 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 5 to 3 ,this 23rd day of October , 2000
.
SIGNED by the Mayor on this 26th
day of October
,2000
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Grefchen Cerveny, Mayor -'
ATTEST
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Wanda Sang, City Clerk
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First Publication September 29, 2000
Second Publication November 3, 2000
Wheat Ridge Transcript
Effective Date: November 13, 2000
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