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.
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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
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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
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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.
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