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HomeMy WebLinkAboutOrdinance-2001-1232 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Shaver Council Bill No. 21-2001 Ordinance No. 1232 Series of 2001 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR ENFORCEMENT OF VIOLATIONS OF CHAPTER 26. WHEREAS, the Council has recently approved a comprehensive revIsion of Chapter 26 of the Code of Laws, concerning land use, zoning and development, and WHEREAS, the Council wishes to provide for enforcement of Chapter 26; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Wheat Ridge Code of Laws entitled Section 26-1004 "Violations" is amended by the addition of a new subsection B; the entire section, as amended, to read as follows: Section 26-1004: Violations A. Any person, firm or corporation, partnership, or other entity of whatever description violating any regulation or provision of any of the sections of Chapter 26 of this Code of Laws shall be guilty of a violation of said Chapter 26, and shall be subject to the enforcement provisions hereof and the penalties provided in section 1-5 of this Code of Laws. Each day such violation continues shall constitute a separate offense. B. IT SHALL BE UNLAWFUL AND DEEMED A VIOLATION OF THIS CHAPTER TO ERECT ANY STRUCTURE OR USE ANY STRUCTURE OR PARCEL OF LAND, OR TO MAKE ANY ADDITIONS, ALTERATIONS, DELETIONS, CHANGES, OR MODIFICATIONS TO ANY STRUCTURE OR PARCEL OF LAND, IN A MANNER WHICH IS CONTRARY TO ANY ONE OR MORE OF THE FOLLOWING: 1. ANY APPROVAL, OR ANY CONDITION OR STIPULATION IMPOSED ON ANY APPROVAL, OF ANY SITE DEVELOPMENT REQUEST APPROVED BY THE BODY HAVING FINAL APPROVAL AUTHORITY. GED\53027\384393 01 2. ANY SITE DEVELOPMENT PLAN, BUILDING PERMIT, CERTIFICATE OF OCCUPANCY, OR 3D-DAY TEMPORARY USE PERMIT APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 3. ANY CLASS I FLOOD PLAIN PERMIT OR EXCAVATION AND DEPOSIT CONTROL PERMIT ISSUED BY THE PUBLIC WORKS DEPARTMENT 4 THE CONDITIONS OF APPROVAL OF A SPECIAL USE PERMIT. 5. THE USES, CONDITIONS, STANDARDS OF A PLANNED DEVELOPMENT PLAN. OR DEVELOPMENT DEVELOPMENT FINAL 6 THE APPROVED USE OR ACTIVITY FOR WHICH A TEMPORARY PERMIT OR SPECIAL USE PERMIT HAS BEEN APPROVED OR THE CONTINUED USE OF A STRUCTURE OR PARCEL OF LAND BEYOND THE APPROVED EXPIRATION DATE OF A TEMPORARY PERMIT OR SPECIAL USE PERMIT. 7. ANY PROVISION, REQUIREMENT, OR STANDARD OF THIS CHAPTER C. THE DIRECTOR OF PLANNING AND DEVELOPMENT IS AUTHORIZED AND DIRECTED TO MAKE THE DETERMINATION THAT AN ACTIVITY OR USE OF STRUCTURES OR LAND IS CONTRARY TO THE FOREGOING PERMITS, CONDITIONS, APPROVALS, PROVISIONS, REQUIREMENTS, AND STANDARDS CONTAINED IN SUBPARAGRAPHS 1-7 HEREOF. Section 2. 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 3. Severability; 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. GED\53027\384393 01 2 Section 4. 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 8 to o on this Rtn day of Ortn"pr , 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 November 26 , 2001, 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 8 to 0 ,this 26th day of November , 2001. SIGNED by the Mayor on this 27th day of November ,2001. --- ,; Gerald E. Dahl, City Attorney First Publication: October 11, 2001 Second Publication: November 29, 2001 Wheat Ridge Transcript Effective Date' December 14, 2001 GED\53027\384393.01 3 City of Wheat Ridge Planning and Development Department Memorandum TO: Plannmg Commission FROM: Alan WhIte, Planning and Development DIrector SUBJECT: Enforcement ofPRD's and PCD's DATE: August 7, 2001 Council dIrected staff to look at an amendment to Chapter 26 which would provide better enforcement for planned residentIal and planned commercIal developments. The planned development process provides flexibilIty for the applicant, but it creates literally hundreds ofmml zone dlstncts, each WIth theIr own umque regulatIOns. ThIS makes enforcement of standards, restnctlOns, or approval condItIOns a challenge Enforcement is made more difficult by the lack of speCIfic language m Chapter 26 that establishes what the violatIOns are withm planned development zone dlstncts. We have trouble wntmg summonses in these mstances because the Code lacks a speCIfic sectIOn to cIte as the VIOlation. "Because It'S reqUIred in the planned development" doesn't work on a summons. This is the case for other approvals as well. For example, nowhere m the Code is It stated that it IS a VIOlation for failure to comply WIth a condItIOn of approval of a vanance or subdIvIsIOn. SectIOn 26-1004, VIOlations, of the Code states. "Anv person, firm or corporation, partnership. or other entity of whatever description violating anv regulation or provision of any o/the sections of Chapter 26 of this Code of laws shall be guilty of a violation of said Chapter 26, and shall be subject to the enforcement provisions hereof' and the penalties provided in section 1-5 of this Code of Laws. Each day such violation continues shall constitute a separate offense. " Whlle thiS appears on the surface to establish anythmg contrary to Chapter 26 as a VIOlatIOn, It is too vague to be effectIve m court. It IS recommended that Section 26-1004 be amended to add a section that hsts speC! tic VIOlatIOns of the Code The attached ordmance does thIS. Staff recommends approval A motIon to recommend approval to CIty Council IS needed. l \1yFiles',WPFiles-,PrujccLs,zolling amcndmcnts\PD enforcement P(~.v..'pd