Loading...
HomeMy WebLinkAboutOrdinance-2001-1219 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No 07-2001 Ordinance No 1219 Series of 2001 TITLE AN ORDINANCE CONCERNING NUISANCE CONTROL AND IN CONNECTION THEREWITH REPEALING AND REENACTING CHAPTER 15 AND REPEALING CHAPTER 20 OF THE CODE OF LAWS. WHEREAS, the City, acting through the City Council, has the power and authority to regulate nuisances within the City; and WHEREAS, the City Council deems it appropriate to cause current Code of Laws Chapters 15 and 20 to be combined and streamlined as a single Chapter 15 concerning nuisances BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. Chapter 15 of the Code of Laws, entitled "Nuisances" is hereby repealed and reenacted to read as follows. Chapter 15 NUISANCES Article I. General Provisions Section 15-3 Section 15-4 Purpose, Scope and Authority Voluntary Compliance, Discretionary Authority of APCO Officers Right-of-Entry Definitions Section 15-1 Section 15-2 Article II. Enforcement and Penalties Section 15-5 Section 15-6 Section 15-7 Section 15-8 Section 15-9 Section 15-10 Section 15-11 Enforcement Alternatives Civil Action Criminal Action Abatement. Emergency Abatement. Violations and penalty Recovery of Expense of Abatement. GED\53027\373961.01 Section 15-12 Sections 15-13 and 15-14 Section 15 15 Section 15-16 Section 15-17 Section 15-18 Section 15-19 Section 15-20 Section 15-21 Section 15-22 Section 15-23 Section 15-24 Section 15-25 Section 15-26 Section 15-27 Section 15-28 Section 15-29 - 15-30 Other Remedies. Reserved Article III. Specified Nuisances Unlawful acts. Offensive trade or business Condition of stable, fertilizer, buildings Illegal dumping. Defacing property Blowing dust. Offensive locations Offensive discharges Weed control Littering Unlawful activities Disorderly house. Depositing snow or ice Trees and Shrubs Reserved Article IV. Closure Procedures for Specified Crime Property Section 15-31 Section 15-32 Section 15-33 Section 15-34 Section 15-35 Section 15-36 Section 15-37 Section 15-38 Section 15-39 Section 15-40 Section 15-41 GED\53027\373961.01 Nuisances Involving Proscribed Acts. Abatement procedures Prior notification Effect of Abatement efforts, defense of action Definitions Specified crime property prohibited Closures Procedures Enforcement of closure order; costs, civil penalty. Commencement of actions, burdens of proof; defenses, mitigation of civil penalty Closure during pendency of action, emergency closures Relief from closure order 2 ARTICLE I. GENERAL PROVISIONS Section 15-1. Purpose, Scope and Authority. It shall be the policy of the city to promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the city and, therefore, the city council declares that every nuisance shall be unlawful, and shall be restrained, prevented, abated and enjoined This Article 15 governs the prohibition and control of nuisances throughout the city Authority to enforce the provisions of this chapter is vested in the city animal-park-code enforcement officers ("APCO officers") Such officers shall have the authority as peace officers set forth in section 2-33 of this Code Section 15-2. Voluntary Compliance; Discretionary Authority of APCO Officers. In furtherance of the city's policy of encouraging voluntary compliance, any person deemed or alleged to be in violation of or not in compliance with any of the provisions of this chapter shall, to the extent possible or practical, in the sole discretion of the APCO officer, be notified of such alleged violation or lack of compliance prior to the initiation either of abatement or enforcement proceedings, and shall be offered an opportunity to bring the property or use of the property into compliance APCO officers are authorized to exercise discretion in investigation and enforcement of violations of this chapter in furtherance of this policy Section 15-3. Right of Entry. (a) Right of entry generally Whenever necessary to make an inspection to enforce this chapter, or whenever an APCO officer has reasonable cause to believe there exists in any building or upon any premises any condition which constitutes a nuisance, the APCO officer shall first present proper credentials and request entry If entry is refused, the officer shall give the responsible party, or if the responsible party cannot be located after a reasonable effort, he shall leave at the building or premises, a written notice of intent to inspect not sooner than twenty-four (24) hours after the time specified in the notice The notice shall state that the responsible party has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a municipal judge of the city, or by a judge of any other court having jurisdiction (b) Search warrants The APCO officer may appear before the municipal judge and upon a showing of probable cause shall obtain a search warrant entitling him to enter the building or upon the premises, using such reasonable force as may be necessary to gain entry The person applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises at issue in order to obtain a search warrant, but must show some factual or practical circumstances that would cause an ordinary prudent person to act. Any municipal judge GED\53027\373961 01 1 of the municipal court of the city shall have power to issue search warrants upon a showing of probable cause as provided in subsections (b) and (c) of this section (c) Emergencies Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this chapter, an APCO officer may enter into any building or upon any premises within the city, using such reasonable force as may be necessary An emergency situation includes any situation of imminent danger of loss of, or injury or damage to, life, limb, property or threat to public safety It is unlawful for any owner or occupant of the building or premises to deny entry to any APCO officer or to resist reasonable force used by the officer acting pursuant to this subsection. Section 15-4. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning The terms defined below shall be broadly interpreted to achieve the purposes intended In the interpretation of the definitions of garbage, trash and junk set forth herein, it is the intent that these definitions be liberally construed to include like matters, materials, objects or substances, whether or not the same be specifically identified It is further the intent that the definitions not be considered mutually exclusive, and that in the interpretation, it be recognized that any substance or material or object may constitute trash, garbage and junk at the same time. Liberal construction is deemed necessary by the city council in order to fulfill the public purpose of this chapter, which is to ensure that the city is maintained in a clean, healthy and attractive condition by eliminating all outside storage of garbage, trash and junk, and related matters, objects or materials as set forth herein Abate shall mean to bring into compliance, halt, eliminate or remedy Agent means and includes any person acting on behalf of or in place of a responsible party, including tenant, manager or lessee Embankments of lakes, reservoirs and ponds means all land fifty (50) feet from the base of the bank, dam, dike, fill or natural barriers as defined in the official maps and plats maintained by the city engineer Garbage means waste resulting from the handling, preparation, cooking and consumption of food or wild animal carcasses, and wastes from handling, storage and sale of produce Junk means scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc and all other scrap metals and alloys, bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, old or used machinery of any type, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, automobiles in nonoperative condition, used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. GED\53027\373961.01 2 Lakes, reservoirs and ponds means places where water is collected and/or stored regardless of whether water is currently being collected and/or stored there or not. Litter means and includes any and every rubbish, waste material, refuse, garbage, trash, debris, excrement, urine, offal composed of animal matter or vegetable matter or both, or any noxious or offensive matter whatever, including but not limited to, any discarded dead animal, fishing line, bait, chemical, chemical compound, petroleum product or compound, automobile part or accessory, tire, wheel, junk, paper, cardboard, can, lid, bottle, cap, carton, wrapper, box, wooden object, plastic object, clothing, cloth, metal object, rubber object, leather object, hide, feathers, grass clippings, leaves, cut weeds, branches cut from trees or bushes, brick, cinderblock, building material, paint, concrete, soil, sand, gravel, stone, glass, asphalt, ashes, cigarette, cigar, food or food product, solvent, dye, beverage, and liquid except water Nonoperative condition, when applied to a motor vehicle, means that, in the reasonable opinion of an APCO officer, the motor vehicle is either legally or mechanically incapable of operating Indicia of such conditions include anyone or more of, but are not restricted to' (1) no current license plates, (2) no current motor vehicle registration, (3) flat tire or tires, (4) missing body parts, (5) missing engine, transmission, running gear or wheels; (6) missing windows (7) missing or inoperable lights, (8) engine will not start or run, (9) transmission will not engage, (10) Otherwise not legally or mechanically capable of running Occupant means and includes any person who occupies the whole or a part of a building, premises, or land, whether alone or with others, whether for residential or commercial purposes. "Occupant" means and includes the terms "tenant and "lessee" Owner means and includes GED\53027\373961.01 3 (a) Any owner or holder of any legal or equitable estate in real property, including a dominant or servient tenement, except a future or reversionary interest and except the interest of a public trustee, lienholder, mortgagee, or beneficiary of a deed of trust. (b) assessor The owner of record, as reflected by the records of the office of the county Person includes a natural person, association, corporation, partnership, limited liability company and any other legal entity capable of owning, using, or occupying real property. GED\53027\373961 01 4 Nuisance includes, but is not limited to. (1) The conducting or maintaining of any business, occupation or activity prohibited by statute or by this chapter, or in violation of any regulation of the city, the county, or the state (2) The continuous or repeated conducting or maintaining of any business, occupation, operation, activity, building, land or premises in violation of any statute or this chapter, or in violation of any regulation of the city, the county, or the state (3) Any building, structure or land open to or used by the general public, the condition of which presents a substantial danger or hazard to public health or safety (4) Any unlawful pollution or contamination of any surface or subsurface waters in this city, or of the air, or of any water intended for human consumption (5) Any activity, operation or condition which, after being ordered abated, corrected or discontinued by a lawful order of an agency or officer of the city or the county, continues to be conducted or continues to exist in violation of any statute or this chapter or in violation of any regulation of the city, the county, or the state. (6) Any activity, operation, condition, building, structure, place, premises or thing which is injurious to the health or safety of the citizens of the city, or which is indecent or offensive to the senses so as to interfere with the comfortable enjoyment of life or property. (7) Any condition which, in the reasonable judgment of an APCO officer, constitutes a nuisance within the scope of this chapter Public place means and includes (1) Any street, highway, public right-of-way, sidewalk, driveway or alley, school building, school grounds, public building, library, fire station, public park or any parking lot. (2) The entire premises of any shopping center, restaurant, bar, store, service establishment, service station, theater, auditorium or place of amusement, except any portion of the premises reserved for the use of the owner or operator thereof or the employees of such owner or operator, and except any portion of the premises from which the general public is excluded GED\53027\373961.01 (3) Any lobby, corridor, elevator, stairway, public room, common room or recreation room in a hotel, motel, office building or apartment building Responsible party means any person who makes or causes any nuisance to exist, or who has possession or control of any real property or premises, whether as owner, occupant or tenant, where any nuisance is found, or, in the case of a motor vehicle, as owner or operator of the same Statute means a statute of the State of Colorado Streams means all rivers, watercourses, creeks and canals flowing in or through the city, including but not limited to Clear Creek and Rocky Mountain Canal, as such creeks and canals are defined in the official maps of the city engineer Stream embankments means all publicly and privately owned land included within one hundred fifty (150) feet of the centerline of Clear Creek, as defined in the official maps and plats maintained by the city engineer; and publicly- and privately- owned land included within fifty (50) feet of the centerline of all creeks, canals and watercourses, as defined in the official maps and plats maintained by the city engineer Trash means combustible refuse, including, but not limited to paper, cartons, boxes, barrels, wood (except stacked firewood and stacked construction material), tree branches, yard trimmings, dead plant material, wood or upholstered furniture, or bedding, or any similar substance or material, noncombustible refuse, including but not limited to metals, tin or aluminum cans, metal furniture, dirt, rock, pieces of concrete, glass, crockery or other minerals or mineral wastes, street rubbish, including but not limited to street sweepings, dirt, leaves, catch-basin dirt and contents of litter receptacles Trash shall not include earth and waste from building construction during the period in which a valid building or dumping permit, issued by the city, is active, nor shall it include solid wastes resulting from industrial processes and manufacturing operations so long as property is zoned for such use and such business is registered with the city, nor shall it include natural products customarily stored in an agricultural zone so long as the property is zoned agricultural and the natural products relate to an agricultural use on the property Watercourses means all creeks, ditches, laterals and gullies within the city, as defined in the official maps and plats maintained by the city engineer, and including, but not limited to, Clear Creek, Lena Gulch, Reno Ditch, Swadley Ditch, Slough Ditch and North Henry Lee Lateral Weed means weeds, grass, brush or other rank or noxious vegetation, and shall not include flower gardens, plots of shrubbery, vegetable gardens, legitimate xeriscape plants and grain plots "Weed," as used in this chapter, shall not apply to and shall not be construed to require removal of any weeds from the city's owned or leased greenbelt natural area GED\53027\373961.01 6 Xeriscape means a method of landscaping that uses native or low water plantings, efficient irrigation techniques, and alternative turf practices to promote water conservation ARTICLE II. ENFORCEMENT AND PENALTIES Section 15-5. Enforcement Alternatives. When, in the reasonable judgment of an APCO officer, a violation of this chapter exists, the officer may, on behalf of the City, initiate one or more of the following enforcement alternatives (1) A civil action to abate, as provided by section 15-6 (2) A criminal action, as provided by section 15-7 (3) Abatement, as provided by section 15-8 (4) Emergency abatement, as provided by section 15-9 Section 15-6. Civil Action. When an alleged violation of this chapter has not been abated within the time specified in any notice to abate, the city may bring a civil action in the municipal court or in any other court with jurisdiction to have the nuisance declared as such by the court and for an order enjoining the nuisance or authorizing its restraint, removal, termination or abatement by the responsible party by the director of planning and development, or the chief of police or their designated representatives. Section 15-7. Criminal Action. An APCO officer may, on behalf of the City, initiate a criminal action to prosecute any alleged violation of this chapter (1) The city may bring a criminal action in the municipal court to have a nuisance declared as such by the court and to have the court impose sentence pursuant to subsection (3) below upon the responsible party. (2) The criminal action 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 responsible party and filing the original with the court. Summonses and complaints and subpoenas shall be served as in criminal actions Any employee or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a summons and complaint upon the responsible party or a subpoena upon any witness to the violation GED\53027\373961.01 7 (3) The responsible party served with the summons shall have the right to enter a plea of guilty or not guilty in the municipal court. If the responsible party is found guilty, the court shall impose sentence and order abatement as provided by section 15-10 Section 15-8. Abatement. (a) Notice to abate An APCO officer, upon the discovery of any nuisance on public or private property in the city, may, in the exercise of his discretion, notify the responsible party in writing, requiring the responsible party to remove and abate from the property the thing or things therein described as a nuisance. 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 (7) days unless it appears from the facts and circumstances that compliance could not reasonably be made within seven (7) days or that a good faith attempt at compliance is being made (b) Service of notice. If written notice to abate is given, it shall be served by' (1) Personally delivering a copy of the notice to the responsible party described in the notice if the responsible party also resides at the property; or (2) Mailing a copy of the notice by first class or certified mail, return receipt requested, to the last known address of the responsible party as reflected in the county real estate records; or (3) Posting a copy of the notice in a conspicuous place at the unoccupied premises Upon the expiration of the period of notice, or at any time thereafter, if the nuisance has not been abated on the property described in such notice, the city may enter upon such property, abate the same and recover its costs as provided by section 15-11 (c) Abatement without notice or court order Any nuisance located or found in or upon any street, avenue, alley, public sidewalk, highway, public right-of-way, public grounds, park, recreation facility, or public property in the city may be abated without notice Section 15-9. Emergency Abatement. If in the judgment of the APCO officer a nuisance is a cause of imminent danger to the public health, safety or welfare, any such nuisance may be summarily abated by the City, and costs of abatement shall be charged and recovered as provided by section 15-11 GED\53027\373961.01 8 Section 15-10. Violations and penalty. (a) Any person violating any provision of this article shall be subject to the penalties set forth in section 1-5 of this code, provided, however that nothing contained in this section or section 1-5 shall impair the ability of the city to enforce the other remedial provisions provided in this Article (b) Any responsible party violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine pursuant to the following schedule (1) Upon the first conviction for violation of this article, a fine of not less than fifty dollars ($50 00) per count, plus court costs (2) Upon the second conviction of a violation of this article, a fine of not less than one hundred dollars ($10000) per count, plus court costs (3) Upon the third conviction of a violation of this article, a fine of not less than two hundred dollars ($200 00) per count, plus court costs (4) Upon the fourth conviction or any subsequent conviction, a fine of not less than three hundred dollars ($300.00) per count, plus court costs (c) In levying and imposing fines upon conviction of any of the sections specified herein, the court shall have no authority to reduce or suspend all or any portion of the fines specified herein, it being the expressed intent of the city council that the fines specified herein be strictly adhered to. (d) As a portion of any judgment, fine or assessment levied upon conviction of a violation of this article the court shall order that the violation be abated within a time established by the court, but in no event to exceed forty-five (45) days from the date of conviction Failure to abate within the time so ordered may constitute contempt of court, and shall be punishable as such. In the event the defendant has not abated the nuisance within 45 days after the court order, the court may order the City or its agents to do so (e) In addition to any fines levied hereunder, the court shall impose, as a portion of the costs assessed against a convicted responsible party, any costs incurred by the city in prosecuting, enforcing and abating the nuisance (f) Each day during which any responsible party commits, or allows to remain unabated, any of the actions specified as unlawful in this chapter shall constitute a separate offense Multiple violations of this chapter may be included on a single notice to abate or a single summons and complaint. GED\53027\373961.01 9 Section 15-11. Recovery of Expense of Abatement. (a) The actual costs of abatement, plus fifteen (15) percent of such abatement costs for inspection, a minimum fee assessment of one hundred dollars ($10000) and other incidental costs of abatement, shall be assessed upon the lot, lots or tracts of land upon which such nuisance is abated. (b) Such costs shall be paid to the city treasurer within thirty (30) days after the city treasurer has mailed notice of the assessment by certified mail to the owner of the property; provided, however, that if the property is occupied by someone other than the owner, the city treasurer shall mail such notice of assessment by certified mail, to both the occupant and the owner Service shall be complete upon depositing the notice within the United States Postal Service, postage prepaid for certified mail Every such assessment shall be a lien in the several amounts assessed against such lot, lots or tract of land until paid. (c) Failure to pay such assessment within such period of thirty (30) days shall cause such assessment to become a lien against such lot, block or parcel of land and shall have priority over all liens, except general taxes and prior special assessments, and the same may be certified at any time after such failure to so pay the same, by the city to the county treasurer to be placed upon the tax list for the current year and to be collected in the same manner as other taxes are collected, with fifteen (15) percent penalty to defray the cost of collection. Section 15-12. Other Remedies. The remedies set forth herein are cumulative The initiation of any action or the imposition of any penalty shall not preclude the city from instituting any other proceeding to require compliance with the provisions of this chapter and with any administrative orders and determinations made hereunder No provision herein shall be construed to limit the right of any person to bring a private action to abate a private nuisance Section 15-13 and 15-14: Reserved ARTICLE III. SPECIFIED NUISANCES Section 15-15. Unlawful acts. It shall be unlawful for any person (a) chapter To create, operate, maintain or conduct any nuisance as defined in this GED\53027\373961.01 10 (b) To interfere with or prevent, or attempt to interfere with or prevent, the abatement of any nuisance by an officer of the city. (c) To allow any property, including any private residence, to deteriorate, either through abandonment or neglect, to the extent that such property becomes an unsightly nuisance and a detriment or danger to surrounding property or the general public. Evidence of abandonment or neglect which could render a property either an unsightly nuisance or a detriment or a danger to surrounding property may include a combination of some of the following occurrences or conditions, or occurrences and conditions which are similar to the following Substantial peeling or faded paint, broken shutters or facia, bent, broken or rusted gutters, broken windows or screens, detached doors or screens, broken or damaged fencing, damaged or dead landscaping, cracked and/or potholed cement or asphalt paving, presence of weeds in gravel or paved parking areas Section 15-16. Offensive trade or business. Whenever the pursuit of any trade, business or manufacturing or the maintenance of any substance or condition of things results in a condition detrimental to the health, safety, general welfare or comfort of the inhabitants of the city, such pursuit shall be declared unlawful, shall be deemed a nuisance, and shall be abated By way of illustration, but not limitation, the pursuit of the following trades or businesses shall constitute unlawful nuisances (1) Junkyards and dumping grounds. All places used or maintained, or permitted to be used or maintained, as junkyards, or dumping grounds, or for the wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn out, wrecked or abandoned automobiles, machinery of any kind, or for any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, when such places are kept in such manner as to interfere with the comfortable enjoyment of life or property by others or cause a detriment to the public health, safety or welfare Nothing in this subsection shall be deemed or construed to prevent the city from acquiring, operating and maintaining a facility for the storage of motor vehicles, vehicles, boats, machinery or equipment pursuant to this Code (2) Storage of Motor Vehicles Storage of automobiles, trucks, tractors, recreational vehicles, boats and motor vehicles, whether or not in an operable condition, by an auto repair establishment, for a period in excess of ten (10) days, unless shielded from the view of any member of the general public GED\53027\373961 01 11 (3) Slaughterhouses and rendering plants All places used or maintained or permitted to be 'sed or maintained for slaughtering animals, for bone crushing, bone !toiling, bone rendering, bone burning, fat boiling, fat rendering, fat drying, gut cleaning or the making of glue, or the manufacture of fertilizing materials of any kind or description from any dead animal or part thereof, or any boiling of offal, swill, fat or grease of any description when such places are operated in any unclean or offensive manner, or when such places are operated so as to interfere with the comfortable enjoyment of life or property by others or cause a detriment to the public health, safety or welfare (4) Improper construction sites. All places at which construction or excavation operations occur and from which trucks or other vehicles emerge from the site and carry onto or deposit in any street or other public place any mud, dirt, sticky substance or other litter which causes a hazard to automobile traffic or which otherwise causes a detriment to the health, safety or welfare of the inhabitants of the city or their property, or to any property of the city (5) Improper storage operations All places at which the responsible party keeps, stores or permits to be kept or stored any building materials, construction materials, paper, trash, waste material, junk, or litter upon any property in such a manner to cause a fire hazard or other detriment to the health, safety or general welfare of the inhabitants of the city, or in such a manner that the stored materials may be blown or deposited upon any other public or private property (6) Slaughtering of animals Any use of residential property for animal slaughtering or butchering whether for private use or for sale in a manner which interferes with the comfortable enjoyment of life or property by others or causes a detriment to the public health, safety or welfare Section 15-17. Condition of stable; fertilizer; buildings. The following conditions shall constitute nuisances (a) Any animal or fowl enclosure in which any animal or fowl may be kept, or in any other place in which manure or liquid discharges of such animals or fowls may accumulate, and which is maintained in an unsanitary condition, allowing an offensive odor to escape therefrom, or providing an insect or rodent attractant. (b) Manure or any other organic material used on premises for fertilizing purposes which are allowed to become offensive to sight, an attraction to insects or rodents, or to otherwise create an unsanitary condition GED\53027\373961.01 12 (c) Whenever manure or any other organic material shall accumulate and affect the health of the public (d) To allow any building or premises or appurtenance thereof, or any use made or maintained on or within property, to become offensive in odor, offensive to sight, or to create an unsanitary or hazardous health condition Section 15-18. Illegal dumping. It shall be unlawful for any person to put, place or dump garbage, trash, litter, refuse or waste material of any kind in, under, on or around a private, public or commercial garbage refuse dumpster, trash container, solid waste container or recyclable container belonging to another, without prior written permission for such use being granted by the owner, lessee or person in control of the real property upon which the dumpster or other trash container is located This section shall not apply to public containers which are placed in public locations for use by the public. Section 15-19. Defacing property. It shall be unlawful for any person to deface or cause, aid in, or permit the defacing of public or private property without prior written consent of the owner by painting, drawing, writing or marking by use of paint, spray paint, ink or by any other method of defacement. "Deface," as used in this section shall include, but not limited to, the writing, painting, inscribing, drawing, scratching, scribbling or any other unauthorized marking upon any wall or surface owned, operated or maintained by any person, unless there is written permission for said writing painting, inscribing, drawing, scratching or scribbling Section 15-20. Blowing dust. (a) It shall be unlawful and deemed a nuisance for a person to maintain any lot or lots or vacant land so as to allow the blowing of dust, soil, or sand from such property to the detriment of the health, safety and general welfare of the inhabitants of the city or to cause damage to the real or personal property of any person or of the city. (b) It shall be unlawful and deemed a nuisance for the owner or occupant of any lot or lots or vacant land to maintain lots or vacant land in such a manner that permits dust or blowing soil or blowing sand to be deposited on other property, or to be deposited upon or within any public street, public highway or public way Section 15-21. Offensive locations. (a) Stagnant ponds Any cellar, vault, drain, sewer, pond of water, or other place that shall be noxious or offensive to others, or injurious to public health, safety or welfare through an accumulation or deposition of noxious, offensive or foul water, or GED\53027\373961.01 13 other substances, or be conducive to the breeding of mosquitoes, shall be unlawful and deemed a nuisance. (b) Open wells, cisterns or excavation Excavations exceeding five (5) feet in depth, cisterns and wells or an excavation used for storage of water, are nuisances unless the same are adequately covered with a locked lid, or other covering weighing at least sixty (60) pounds or are securely fenced to a height of at least five (5) feet, and it shall be unlawful for any responsible party to permit such nuisance to remain on any premises (c) Stale matter It shall be unlawful and deemed a nuisance to keep, collect, or use or cause to be kept, collected, or used, or permit to be kept or used, any stale, putrid, or stinking fat or grease or other matter (d) Sewer inlet. It shall be unlawful and deemed a nuisance to deposit in or throw into, or permit to be deposited in or thrown into, any sewer, sewer inlet, or privy vault that shall have a sewer connection, any article whatsoever that might cause such sewer, sewer inlet, or privy vault, to overflow, backup or otherwise become noxious or offensive to others, or to become injurious to public health, safety or general welfare of the residents of the city Section 15-22. Offensive discharges. (a) Noxious liquids It shall be unlawful and deemed a nuisance to discharge out of or from, or permit to flow from any house or place, any foul or noxious liquid or substance of any kind whatsoever, into or upon any adjacent ground or lot, or into any street, alley or public place (b) Liquid fuel products. The leakage of five (5) gallons or more of liquid fuel products into the environment from any tank, line, or delivery vehicle, constitutes a danger to the health, safety and welfare of the general public and the citizens of the city and is therefore a nuisance. (1) To aid in preventing the leakage of liquid fuel products, the owner, station manager, or leaseholder, as operator of each under ground liquid fuel installation shall cause to be posted in a conspicuous place at said installation a true copy of the state oil inspection regulations concerning instruction requirements for leak detection (2) Such owner, station manager, or leaseholder, as operator, shall also maintain and reconcile accurate daily inventory records on all underground liquid fuel tanks for indication of possible leakage from tanks or piping GED\53027\373961.01 14 (c) Leaking receptacles, offensive channels. Any unclean, leaking, foul, unsafe, or dangerous, defective or filthy drain, ditch, trail, or gutter, or any leaking or broken slop, garbage, or manure box or receptacle of like character, whenever and wherever found in the city, shall be deemed a nuisance (d) Harmful chemicals It shall be unlawful and deemed a nuisance for any responsible party to apply or use any herbicide, pesticide, insecticide, rodenticide, disinfectant, fumigant or other harmful chemical, gas or vapor upon the property in such a manner that the harmful chemical, gas or vapor leaches, escapes, migrates, or flows from the property and deposits in or on any other public or private property (e) Diesel emissions It shall be unlawful for any owner or operator of any diesel-powered engine to cause or permit the same to be idled for a period in excess of fifteen (15) consecutive minutes, or for a period in excess of forty-five (45) minutes in anyone hundred-twenty-minute period, (it being the intent of this provision that an owner or operator may not circumvent the provisions of this section by the repeated turning on and off of a diesel engine) at any time that the outside temperature is twenty- two (22) degrees Fahrenheit or above; provided, however, that unattended vehicles operated by diesel powered engines shall not be allowed to idle at any time, and provided further, however, that the provisions of this section shall not apply to ambulances or other emergency vehicles Section 15-23. Weed control. (a) All owners and occupants of land shall prevent property owned or occupied by them from becoming overgrown with weeds (b) It shall be unlawful for the owner or occupant of any undeveloped property or any property zoned as agricultural, excluding the city's owned or leased greenbelt natural areas, to permit weeds to grow on such property to a height of more than twelve (12) inches within a distance of one hundred (100) feet from any public street, highway or park, or within a distance of one hundred (100) feet from property lines adjoining any residential, commercial, industrial or open zone or use (c) Weeds shall be controlled by cutting, spraying or other lawful and suitable method of weed control (d) It shall be unlawful and shall be deemed a nuisance for the owner or occupant of any property, regardless of its zoning, to allow weeds in excess of twelve (12) inches high to grow on the adjacent street or right-of-way Where there is an uninterrupted natural progression and continuation of private property, such as lawn, grass, low shrubs or ground cover adjacent to the street right-of-way, the adjacent property owners are responsible for maintenance of the area. GED\53027\373961.01 15 (e) The APCO officer may post properties in violation of this section. Such posting shall be dated and shall include a statement directing that failure to cut and remove the weeds within five (5) days of the posting will result in the APCO officer directing such weeds cut and the actual cost of the cutting and/or removal, plus administrative fees of twenty-five (25) percent for the first cut, fifty (50) percent for the second cut and seventy-five (75) percent for the third cut within the same weed growing season, plus a fifteen (15) percent fee if not paid within thirty (30) days and a lien is assessed, to be charged to the responsible party, notwithstanding the provisions of Section 15-11(a). (f) If any responsible party shall fail to cut weeds, as required by this section, within five (5) days after being notified to do so by the APCO officer, the officer may direct that the weeds be cut and charge the cost thereof to the responsible party (g) In the event that any responsible party fails to cut or destroy and remove the weeds and said weeds are cut by order of the city, the total cost of cutting such weeds, together with five (5) percent for inspection, shall be paid to the city treasurer within thirty (30) days following notice of the assessment of such cost given to the owner of such open area by certified mail Section 15-24. Littering. (a) It shall be unlawful and deemed a nuisance for any person to deposit, throw or place any litter upon any street, alley, sidewalk, or public grounds in the city except in public receptacles or authorized private receptacles (b) Littering of private property The responsible party in control of any private property shall at all times, maintain the premises free of litter, trash, garbage or refuse No person shall throw or deposit litter on any private property, whether owned by such person or not; provided, however, that the owner or person in control of private property may maintain authorized private receptacles for the deposit of rubbish or other waste materials in such a manner that waste materials will be prevented from being carried or deposited onto any public or private property Weed or grass clippings shall not be left or stored by the responsible party in such a manner as to allow the clippings to be wind- blown onto other private property or public property. (c) It shall be unlawful and deemed a nuisance for any person, while an operator or passenger in any vehicle, to deposit, throw or place any litter in or upon any street, alley, sidewalk or public grounds except in public receptacles and authorized private receptacles. (d) It shall be unlawful and deemed a nuisance to operate any truck, trailer or vehicle in such manner that the load or any portion of the content of such truck, trailer vehicle is blown or deposited in or upon any street, alley, sidewalk or public grounds in the city. GED\53027\373961 01 16 (e) It shall be unlawful and deemed a nuisance for any person to deposit, throw or place any papers, newspapers, handbills, letters, samples or literature in or upon any public street, alley, sidewalk or public grounds (f) It shall be unlawful and deemed a nuisance for any person, except an authorized public employee or officer, or a person who has previously obtained a permit to do so from the city to post, place, glue, staple, nail, affix, or attach any handbill, poster, placard, sign, announcement or other painted or printed material upon or to any street, alley, sidewalk, lawful sign, telephone pole, power pole, or any public or private dwelling, store, or other building or fence without the permission of the owner or occupant of such property (g) It shall be unlawful to keep or store any construction materials unless such materials are covered or secured or in some manner protected so as to prevent such materials from being blown, scattered about or otherwise moved (h) It shall be unlawful for any person to deposit litter, junk or garbage on any area designated in this article as a watercourse or water storage area. This section is intended to provide for the general protection of waterways aid to prevent encroachment upon them, but it is not intended to preclude the construction and/or installation of bridges or culverts for bridge purposes properly designed so as to not impede the flow of water in a watercourse or adversely affect a water storage area, said construction and/or installation shall be approved by the city engineer prior to issuance of any building permits by the department of community development. This subsection is not intended to prohibit the grazing of animals or the spreading of manure for agricultural purposes, nor shall this section apply to such property as designated by the city council or any of the city departments for the disposal of litter or receptacles or containers installed for such purpose. Section 15-25. Unlawful activities. It shall be unlawful to (a) Store upon the property, place upon the property, or allow to remain on the property any trash or garbage, as described, for a period in excess of seven (7) days (b) Dump or deposit, or cause to be dumped or deposited, garbage, trash or junk on the property of another, or on any property owned by the city, unless such property is clearly marked and designated as a proper dump or receptacle for the deposit of trash, garbage or junk; (c) Place or permit to remain anywhere in the city any garbage or other material subject to decay other than leaves or grass, except in a covered metal or plastic container, or in a sealed plastic bag, awaiting pickup and disposal, GED\53027\373961 01 17 (d) Drive or move any truck or other vehicle unless such vehicle is loaded or covered so as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place; (e) Operate or cause to be operated on any highway or public way, any truck or vehicle transporting garbage, trash or junk, unless such vehicle or truck is fitted with a substantial, tight box or other container thereon so that no portion of such garbage, trash or junk shall be thrown or fall upon the highway or public way; (f) Cause or permit to accumulate any dust, dirt, ashes or trash, or any such material that can be blown away by the wind anywhere in the city except in a covered container or in a sealed plastic bag awaiting pickup and disposal, (g) Store, or cause or allow to be stored, upon the property any junk, as herein defined, unless the junk is completely shielded and screened from the view of any member of the general public; (h) Store upon property or to allow to be viewed by the general public, or any member thereof, goods, materials or substances not otherwise or specifically defined or definable as trash, garbage or junk, but which goods, materials or substances are of a type, kind, quantity or description not commonly associated with the zoning classification or permitted use of the property This subsection shall apply to storage of firewood, unless the amount is two (2) cords or less, and the firewood is neatly stacked (i) Deposit household or commercial solid waste in any city-owned solid waste receptacle maintained on a sidewalk, in a public park, or in any other public place U) Repair or dismantle of any motor vehicle in any residential zone district or on any property primarily used for residential purposes, unless such repair is. (1) Minor tune-up or repair which is accomplished within two (2) consecutive days or less, or (2) fully shielded from the view of any member of the general public, or (3) conducted by a licensed auto repair business in full compliance with Section 15-16(2) and all other provisions of this Code Section 15-26. Disorderly house. The keeping of any dwelling, boardinghouse, rooming house or other residential property in violation of any provision of this chapter or of chapter 26, including any violation of maximum occupancy limitations imposed by that chapter or any condition of approval of the use of property imposed by action of the city, is a nuisance A disorderly GED\53027\373961.01 18 house shall also include keeping any such property in a condition or manner which generates law enforcement calls disproportionate to other properties in the neighborhood or which negatively affects neighboring properties and/or residents, whether by continuous or excessive noise or by maintenance of the property in an unsightly or unwholesome manner, noxious or offensive to others or injurious to public health, safety or welfare Section 15-27. Depositing snow or ice. No person shall deposit or cause any snow or ice to be deposited on or against any fire hydrant or traffic-control device or appurtenance, nor shall any person deposit or cause to be deposited accumulations of snow or ice upon or adjacent to any sidewalk, street or roadway or loading and unloading area of a public transportation system or any designated emergency access lane, such as may retard or in any way interfere with the safe and orderly flow of pedestrian or vehicular traffic by obstructing the view of such traffic on intersecting streets or drives or by any other means, or in any way obstruct or impede street or roadway drainage Section 15-28. Trees and shrubs. (a) It shall be unlawful and deemed a nuisance for any person to inure, damage or destroy any tree, shrub, vine, hedge, or other vegetation in or upon public rights-of-way or other public property within the city, except any person who notifies the city arborist of such injury, damage or destruction and makes arrangements to repair or replace such vegetation or pay for the cost of such repair or replacement. (b) It shall be unlawful and deemed a nuisance to sell or import into the city or plant or cause to be planted any female cottonwood trees (Populus species), Boxelder (Acer negundo) or Siberian elm (Ulmus pumila) or other undesirable plants as designated by ordinance upon any property within the city and the planting or setting out of these certain plants is declared to be a menace to public health, safety and welfare and a public nuisance Section 15-29. - 15-30 Reserved.CLOSURE PROCEDURES FOR SPECIFIED PROPERTY CRIME PROPERTY Section 15-30. Nuisances Involving Proscribed Acts. It is hereby declared to be a 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 15-35, upon the owner's property situated within the limits of the city GED\53027\373961.01 19 (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. Section 15-31. Abatement procedures. Except as otherwise expressly set forth in sections 15-33 and 15-34, abatement and enforcement procedures for violations of section 15-31 shall be in accordance with Article I of this chapter Section 15-32. Prior notification. 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 15-9 Section 15-33. 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 15-31 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 (1) 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 nuisance, and (2) 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 cause of action brought by the city for alleged violations of section 15-31 Any subsequent cause of action alleging a violation of section 15-31 shall not entitle such owner or agent to said defense Section 15-34. Definitions. The following words, terms and phrases, when used in this article IV shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning GED\53027\373961.01 20 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 Proscribed act(s) means anyone 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 possession for any unlawful manufacture, sale, distribution or use of a controlled substance, C RS ~ 18-18-405, except for possession of less than eight ounces of marijuana, or any imitation controlled substance, C RS ~ 18-18-421, (4) Felony or misdemeanor theft by receiving, C RS ~ 18-4-410; (5) Unlawful manufacture, sale, or distribution of drug paraphernalia, C RS ~ 18-18-429, (6) Prostitution of a child, C RS ~ 18-7-401(7); soliciting for child prostitution, C RS ~ 18-7-402, pandering of a child, C RS ~ 18-7-403, keeping a place of child prostitution, C RS ~ 18-7-404, pimping a child, C RS ~ 18-7-405, or inducement of child prostitution, C RS. ~ 18-7-4055, (7) Sexual exploitation of children, C RS ~ 18-6-403, (8) The engagement by anyone 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 S 12-47-101, 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 ~ 12-255-101, etseq., GED\53027\373961 01 21 (11) A violation of any provision of the Colorado Massage Parlor Code, C R.S S 12-48.5-101, et seq., (12) Any offense relating to firearms and weapons, as defined in C.R.S SS 18- 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 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; Specified crime property means any property or structure wherein five (5) or more chargeable offenses involving any proscribed act as defined in this section 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 Structure means any type of building, dwelling, edifice, enclosure, garage, house, room, shed, shop, store, warehouse, or unit thereof Section 15-35. 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 GED\53027\373961.01 22 (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. Section 15-36. Closure procedure. (a) When the chief of police believes that a structure is being employed, used, or maintained in violation of section 15-36, the chief of police may commence proceedings to cause the closure of the structure. Except in cases brought pursuant to section 15-36, 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 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 GED\53027\373961.01 23 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 Section 15-37. 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 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 15-41 Section 15-38. Commencement of actions; burdens of proof; defenses; mitigation of civil penalty. (a) Except in a proceeding under section 15-40 (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 GED\53027\373961.01 24 (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 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. Section 15-39. 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- 37(a) The court shall order the forthwith service of the normal pleadings together with a copy of emergency order Section 15-40. 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' GED\53027\373961.01 25 (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 2. Chapter 20 of the Code of Laws, entitled "Solid Waste" is hereby repealed and the chapter number retained as "reserved." Section 3. 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 proper legislative object sought to be attained Section 4. Severabilitv: ConflictinQ 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 Section 5. Effective Date This Ordinance shall take upon passage, as provided by Section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 4 to 3 on this 26th day of March '2001, 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 April 23, 2001, at 7:00 o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado Continued to May 21, 2001. GED\53027\373961 01 26 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 5 to 3 this 21st day of May, 2001. SIGNED by the Mayor on this :;y"" day of n],,'<i I ,2001 ~/ ,....~ . ~ r"Z \! ~ l U: A -".:~. ..' , ,.., r __-::!! \ :.1(' ,t'; \ "J \ . \ , i 'ir( i' , ~'- \. I' " -,; . , "i(}'~ I' / { k I (,li.l~ U j Gretchen Cerveny, ayor \ I \ .J ATTEST First Publication' March 30, 2001 Second Publication June 1, 2001 Wheat Ridge Transcript Effective Date: May 21, 2001 GED\53027\373961.01 27