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HomeMy WebLinkAboutOrdinance-2004-1331 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No 16-2004 Ordinance No 1,,1 Series of 2004 TITLE. AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NUISANCES WHEREAS, the City Council of the City of Wheat Ridge, Colorado desires to amend certain sections of Chapter 15 of the Wheat Ridge Code of Laws, to improve nuisance enforcement. Section 1: Section 15-1 of the Code of Laws is amended to read 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 chapter governs the prohibition and control of nuisances throughout the city Authority to enforce the provisions of this chapter is vested in ANY AUTHORIZED CITY OFFICER the city 3nim31 park code enforoement offioers ("/\PCO offioors"). Such offioors sh311 have the authority 3S peace offioors set forth in scotion 2 33 of this Code. Section 2: All references in Chapter 15 of the Code of Laws to "APCO officer" or "an APCO officer" are hereby amended to read "authorized city officer" NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 15-8 of the Code of Laws is amended to read as follows Sec. 15-8. Abatement. (a) Notice to abate. An .A.PCO officer ANY AUTHORIZED CITY 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 calendar (7) days unless it appears from the facts and circumstances that GED\53027\4755141 -1- compliance could not reasonably be made within seven (7) calendar 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. (c) ABA TEMENT ORDER: 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 APPLY TO THE MUNICIPAL COURT FOR AN ABATEMENT ORDER, as follows (1) THE APPLICATION SHALL BE ACCOMPANIED BY AN AFFIDAVIT AFFIRMING THAT THE CITY HAS COMPLIED WITH THE NOTICE REQUIREMENTS OF CODE SECTION 15-8(b) AND THAT THE OWNER HAS FAILED TO ABATE THE IDENTIFIED NUISANCE UPON THE PROPERTY (2) THE CITY SHALL GIVE NOTICE TO THE RESPONSIBLE PARTY OF ITS APPLICATION FOR THE ABATEMENT OF ORDER IN THE SAME MANNER AS PROVIDED ABOVE FOR SERVICE OF THE ORIGINAL NOTICE. (3) THE NOTICE OF APPLICATION FOR AN ABATEMENT ORDER SHALL INCLUDE A COPY OF THE CITY'S APPLICATION AND ITS AFFIDAVIT IN SUPPORT THEREOF, AS WELL AS THE TIME, DATE, AND PLACE AT WHICH THE CITY WILL APPEAR BEFORE THE MUNICIPAL COURT TO REQUEST ENTRY OF THE ABATEMENT ORDER. (4) AT THE STATED TIME, DATE, AND PLACE, THE MUNICIPAL COURT JUDGE SHALL REVIEW THE APPLICATION FOR ADMINISTRATIVE ABATEMENT ORDER, THE AFFIDAVIT, ANY STATEMENT OF THE CITY IN SUPPORT THEREOF, AS WELL AS ANY STATEMENT AND EVIDENCE PRESENTED BY THE RESPONSIBLE PARTY, IF PRESENT GED\53027\475514 1 -2- (5) THEREAFTER, THE MUNICIPAL COURT IS AUTHORIZED TO ENTER AN ORDER PERMITTING THE CITY TO enter upon such property, abate the same and recover its costs as provided by section 15-11 (d)(G) 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 Sec. 15-10. Violations and penalty. Section 15-10(d) of the Wheat Ridge Code of Laws, concerning violations and penalty for convictions of nuisances, is amended to read as follows. (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) THIRTY (30) 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 THE ORDER SHALL ALSO PROVIDE THAT, in the event the defendant has not abated the nuisance within f-orty five (45) THIRTY (30) days after the court order, the City or its agents ARE AUTHORIZED to do so Section 3. 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 4. 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 Section 5. 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 R to o on this 9th day of August ,2004, 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 August 23 , 2004, at 7.00 GED\53027\475514.1 -3- o'clock p.m, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 ,this 23rd day of August , 2004 SIGNED by the Mayor on this 24th ~ O~ Pamela Anderson, City Clerk First Publication Augus t 12, 2004 Second Publication August 26, 2004 Wheat Ridge Transcript Effective Date September 10, 2004 GED\53027\4755141 day of Augus t ,2004 Approved As To Form ~(a~t/' Gera d E. Dahl, City Attorney -4-