HomeMy WebLinkAbout02 - ADMINISTRATION
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Chapter 2
ADMlNISTRATlON*
Article I. In General
Description and adoption of official emblem.
Organization chart.
Fiscal year; budget contains appropriations; no contract to exceed
appropriation.
No-damages-for-delay clauses in public works contracts.
Disposition of unclaimed property.
Authority for levy and collection of unpaid charges, assessments
or taxes.
Sees. 2-7-2-20. Reserved.
Sec. 2-l.
Sec. 2-2.
Sec. 2-3.
Sec. 2-4.
Sec. 2-5.
Sec. 2-6.
Article IL Officers and Employees Generslly
Sec. 2-21. Power and duties of mayor.
Sec. 2-22. Duties of city clerk.
Sec. 2-23. Duties of treasurer.
Sec. 2-24. Duties of city attorney.
Sec. 2-25. Duties of presiding judge.
Sec. 2-26. Duties of city manager.
Sec. 2-27. Reserved,
Sec. 2-28. Duties of administrative personnel assistant.
Sec. 2-29. Duties of director of parks and recreation.
Sec. 2-30. Duties of chief of police.
Sec. 2-31. Duties of director of public works.
Sec. 2-32. Duties of director of planning and development.
Sec. 2-33. Duties of animal-park enforcement officers.
Sec., 2-34. Code enforcement.
Sec. 2-35. City historian.
Sees. 2-36-2-50. ReserVed.
Sec. 2-51.
See. 2-52.
Sec. 2-53.
Article IT. Boards and Commissions
Definitions.
Establishment.
Qualifications of members; appointment and term; removal;
vacancies.
Administration.
Personnel commission.
Animal welfare and control commission.
Parks and recreation commission.
Arborist board.
Building code advisory board.
Planning commission.
Board of adjustment.
Civil service commission.
Sec. 2-54.
Sec. 2-55.
Sec. 2-56.
Sec. 2-57.
Sec. 2-58.
Sec. 2-59.
Sec. 2-60.
Sec. 2-61.
Sec. 2-62.
*State law references-Home rule powers, Col. Const.-Art. XX, ~ 6; powers of cities generally, C:R.S. ~ 31-15-101 et seq.
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ARTICLE I. IN GENERAL
Sec. 2-1. Description and adoption of offi-
cial emblem.
An emblem and the design, consisting of two
(2) concentric circles, the inner circle containing a
design of mountains, the outer circle containing
the words "City of Wheat Ridge," whether by line
drawing in black and white or colored, and as
designed by Eron Johnson, be and is hereby
adopted as the official emblem for the city.
(Code 1977, ~ 1-8)
State law reference-City seal, C.R.S. * 31-4-110(2).
See. 2.2. Organization chart.
The organizational chart, as amended from
time to time, on file in the office of the city clerk,
is adopted as the organizational plan of the city.
(Code 1977, ~ 2-2.1)
Sec. 2-3. Fiscal year; budget contains appro-
priations; no contract to exceed
appropriation.
(a) Fiscal year. Fiscal year for the city shall
commence on January 1 and end on December 31.
(b) Budget contains appropriations. The city
council shall annually adopt a budget in a manner
consistent with the provisions of Chapter X of the
Home Rule Charter of the City of Wheat Ridge.
Upon the annual adoption by the city council of
each fiscal year's budget, levels of authorized
expenditures from the fup.ds indicated within the
annual budget itself and/or the adopting resolu-
tion shall constitute the appropriation of the
amounts specified therein for the purposes speci-
fied therein. During the course of each fiscal year,
approval by the city council of contracts for goods
or services, and/or approval of bids for the provi-
sion of specified goods or services, shall likewise
constitute appropriations of the amounts speci-
fied therein for the purposes specified therein.
(c) No contract to exceed appropriation. During
each and any fiscal year, no contract entered into
by or on behalf of the city shall expend or contract
to expend any money, or incur any liability, nor
shall any contract be entered into nor any bid be
awarded by or on behalf of the city which, by its
terms, involves the expenditure of money for any
Supp. No. 19
of the purposes for which provision is made either
in the adopted budget or adopting resolution,
including any legally authorized amendments
thereto, in excess of the amount appropriated in
the budget or the approved contract or bid award.
Any contract or bid award, either verbal or writ-
ten, made in violation of the provisions of this
section shall be void as to the city and no city
monies from any source whatsoever shall be paid
thereon.
(d) Amendments and authorized expenditures.
Nothing contained herein shall preclude the city
council from adopting a supplemental appropria-
tion in a manner consistent with the provisions of
Section 10.12 of the Home Rule Charter of the
city. Further, nothing contained in this section
shall prevent the making of contracts for govern-
mental services or for capital outlay for a period
exceeding one (1) year if such contracts are other-
wise allowed by the Home Rule Charter of the
city; provided, however, any contract so made
shall be executory only for the amounts agreed to
be paid for such services to be rendered in suc-
ceeding fiscal years.
(e) Notice to parties contracting with the city.
All persons contracting with, or selling goods or
services to, the city are hereby placed upon notice
of the provisions of this section_ The provisions of
this section shall become a part of the Merit
System Personnel Rules and Regulations of the
City of Wheat Ridge; shall be referred to specifi-
cally in all public works bid documents and con-
tracts; and shall be incorporated into, and spe-
cially noted within, all other contracts entered
into by or on behalf of the city wherein city fup.ds
are used to pay for said contract.
(f) A compensation schedule for all regular
employees of the city will be annually established
and included as an appendix in the annual budget
and adopted by the city council in the exercise of
its legislative discretion. In accordance with prin-
ciples of public accountability, specifically that
employees should not be paid for time not worked
due to the need to be accountable to the city's
taxpayers for expenditures of city fup.ds, unclas-
sified employees' pay will be reduced when partial
days of annual leave, sick leave, or holiday leave
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are used by the employee when no accrued annual
leave, sick leave, holiday leave, or compensatory
time is available.
(g) For fiscal 1990, and for each succeeding
year until this section is revoked or amended by
the city council, and subject to the limitations set
forth herein, the city administrator shall prepare
and submit to the city council for its consideration
and action a budget wherein salary ranges, and
the placement of individual employees therein,
shall be adjusted to reflect the upward or down-
ward changes in~the cost ofliving, as reflected and
measured by the United States Bureau of Labor
Statistics Consumer Price Index for all Denver
urban consumers, with the position of said index
on January 1, 1989, constituting the basis for
adjustment.
(g) Notwithstanding the provisions of para-
graph (g), the city council retains the sole and
exclusive legislative and budgeting discretion to
appropriate such funds as it deems proper to
provide for the adjustments contemplated in para-
graph (g). The provisions of paragraph (g) do not
constitute, and shall not be construed to consti-
tute, promise or imply, an entitlement to a cost of
living adjustment in any year, unless and until
the city council appropriates funds as a part of its
normal and lawful budgeting process to provide
therefor.
(Ord. No. 1989c787, ~ 1(2-2), 4-14-89; 1997-1071,
H 1-3, 3-24-97)
Editor's note--<Jrdinance No. 1989-787, ~ 1, adopted
April 10, 1989, amended Ch. 2 by adding provisions desig-
nated as ~ 2-2. At the discretion of city, these provisions have
been redesignated as ~ 2-3.
Sec. 2.4. No-damages-for-delay clauses in
public works contracts.
(a) The city may, by contract, require the con-
tractor awarded a public works contract to waive,
release or extinguish its rights to recover costs or
damages, or obtain an equitable adjustment, for
delays in performing such contract if such delay is
caused, in whole or in part, by acts or omissions of
the city or its agents, if the contract provides that
an extension of time for completion ofthe work is
the contractor's remedy for such delay. Such a
clause is valid and enforceable, any provision of
state law to the contrary notwithstanding.
Supp. No. 19
(b) The city council, by this ordinance (Ordi-
nance No. 812), declares its local contracting
powers to be a matter of purely local concern, and
further specifically intends to supersede, pursu-
ant to its powers under Article XX of the Colorado
Constitution, the provisions of Sections 24-91-101
and 24-91-103.5, C.R.S., insofar as they conflict
with the provisions of this section of the Code~ of
Laws of the City of Wheat Ridge, Colorado.
(Ord. No. 1989-812, ~ 1, 12-15-89)
Sec. 2-5. Disposition of unclaimed property.
(a) Purpose. The purpose of this section is to
provide for the administration and disposition of
unclaimed property which is in the possession of
or under the control of the municipality.
(b) Definitions. Unless otherwise required by
context or use, words and terms shall be defined
as follows:
(1) Unclaimed property means any tangible
or intangible property, including any in-
come or increment derived therefrom, less
any lawful charges, that is held by or
under the control of the municipality and
which has not been claimed by its owner
for a period of more than two (2) years
after it became payable or distributable.
For purposes of this section, "unclaimed
property" shall not mean lost, abandoned,
stolen or confiscated personal property as
provided in article Iv, chapter 19 of this
Code. The disposition oflost, abandoned,
stolen or confiscated personal property
shall be governed by the provisions con-
tained in article Iv, chapter 19, notwith-
standing the provisions of this section.
(2) Municipality means the City of Wheat
Ridge, Colorado.
(3) Owner means a person or entity, includ-
ing a corporation, partnership, associa-
tion, governmental entity other than the
municipality, or a duly authorized legal
representative or successor in interest of
same, which owns unclaimed property
held by the municipality.
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(c) Procedure for disposition of property:
(1) Prior to disposition of any unclaimed prop-
erty, the city clerk shall cause a notice to
be published in a newspaper of general
circulation in the municipality. In addi-
tion, the city clerk shall send a written
notice by certified mail, return receipt
requested, to the last known address, if
any, of any owner of unclaimed property.
The last known address of the owner shall
be the last address of the owner as shown
by the records of the municipal depart-
ment or agency holding the property. Each
such notice shall include a description of
the property, the amount or estimated
value ofthe property and, when available,
the purpose for which the property was
deposited or otherwise held. Each such
notice shall state where the owner may
make inquiry of or claim the property.
Each such 'notice shall also state that if
the owner fails to provide the city clerk
with a written claim for the return of the
property within sixty (60) days of the date
of the notice, the property shall become
the sole property of the municipality and
any claim of the owner to such property
shall be deemed forfeited.
(2) If the city clerk receives no written claim
within the above sixty-day claim period,
the property shall become the sole prop-
erty of the muuicipality and any claim of
the owner to such property shall be deemed
forfeited.
(3) If the city clerk receives a written claim
within the sixty-day claim period, the city
manager shall evaluate the claim. and
give written notice to the city clerk and
the claimant within ninety (90) days thereof
that the claim has been accepted or de-
nied in whole or in part. The city manager
may request further supporting documen-
tation from the claimant prior to disburs-
ing or refusing to disburse the property.
(4) In the event that there is more than one
claimant for the same property, the city
manager may, at the city manager's op-
tion, resolve such claims or may resolve
Supp. No. 22
such claims by depositing the disputed
property with the registry of the District
Court in an interpleader action.
(5) In the event that all claims filed are
deuied, the property shall become the sole
property of the municipality and any claim
of the owner of such property shall be
deemed forfeited.
(6) Any legal action filed challenging a deci-
sion of the city manager shall be filed
pursuant to Rule 106 of the Colorado
Rules of Civil Procedure within thirty (30)
days of such decision or shall be forever
barred. If any legal action is timely filed,
the property shall be disbursed by the city
manager pursuant to the order of the
court having jurisdiction over such claim_
(7) The city manager is authorized to estab-
lish and administer procedures for the
administration and disposition of un-
claimed property consistent with this sec-
tion, including compliance requirements
for other municipal officers and employ-
ees in the identification and disposition of
such property.
(Ord_ No. 1992-903, ~ 1, 9-14-92; Ord. No_ 1998-
1144, ~ 1, 12-14-98)
Sec. 2-6. Authority for levy and collection of
unpaid charges, assessments or
taxes.
The amount of any charge, assessment or tax
due and owing to the city, whether arising as a
consequence of unpaid charges or fees; emergency
or other utility repairs; unpaid charges or assess-
ments for removal of trash, garbage, junk, debris,
or materials as described in chapter 20 of the
Code of Laws; unpaid charges for removal, prun-
ing, ~or other control of materials described in
chapter 24 of the Code of Laws, impoundment,
confinement or treatment of animals as provided
for in chapter 4 ofthe Code of Laws, abatement of
nuisances or dangerous buildings; unpaid obliga-
tions arising under site improvement agreements
or property development agreements; or any other
charge, assessment, tax or fee assessed by the city
under any provision of this Code of Laws, shall be
a lien upon the property served until the same is
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paid_ In case offailure to pay said charge, the city
clerk may certify the charge or charges to the
Jefferson county treasurer and said charge or
charges shall become a lien on the real property
so served and shalL be collected In the same
manner as though they were a part of the taxes
assessed against said property together with a
ten (10) percent penalty to defray the cost of
collection_ All laws of the State of Colorado for the
assessment and collection of general taxes, includ-
ing the laws for the sale of property for taxes and
redemption of the same, shall apply.
(Ord. No. 1998-1128, S 1, 7-27-98)
Sees. 2-7-2-20. Reserved.
ARTICLE ll. OFFICERS AND EMPLOYEES
GENERALLY*
Sec. 2-21. Power and duties of mayor.
(a) The mayor shall be the recognized head of
the city government for all legal and ceremonial
purposes_ All contracts in writing binding the city,
all conveyances of interests in land by the city,
and any other documents requiring his signature
shall be signed by the mayor (or person acting as
mayor).
(b) The mayor shall be the elected chief exec-
utive officer of the city. The mayor shall be respon-
sible for the efficient administration of all affairs
of the city placed in his or her charge.
(c) The mayor shall be a conservator of the
peace, and in emergencies may exercise within
the city the powers conferred by the state gover-
nor for the purposes of military law, and shall
have the authority to command the assistance of
all able-bodied citizens to aid in the enforcement
of the ordinances of the city and to suppress riot
and disorder. Except as may be required by stat-
ute, the mayor shall exercise such other powers as
the council shall confer upon him.
"'Charter reference-Officers and employees generally, g
3.1 et seq.
Cross references-Elections, Ch. 7; police, Ch. 19; city
arborist, ~ 24-1.
Supp. No. 22
(d) The mayor shall have the power to veto any
ordinance passed by the council ill accordance
with the procedure set forth in section 5.14 of the
charter. The mayor shall also preside over city
council meetings.
(Code 1977, S 2-3; Ord. No. 1998-1144, S 2, 12-14-
98)
Charter reference-Similar provisions, g 3-2.
Sec. 2-22. Duties of city clerk.
(a) The city clerk shall be the clerk of the
council and shall attend all meetings of the coun-
cil and shall keep a permanent journal of its
proceedings.
(b) The city clerk shall be the custodian of the
seal of the city and shall affix it to all documents
and instruments requiring the seal and shall
attest the same. He shall also be custodian of all
papers, documents and records pertaining to the
city, the custody of which is not otherwise pro-
vided for.
(c) The city clerk shall certify by his signature,
all ordinances and resolutions enacted or passed
by council.
(d) The city clerk shall provide and maintain
in his office a supply of forms for all petitions
required to be filed for any purpose by the provi-
sions of the charter or by ordinance enacted by
the city.
(e) The city clerk shall have power to admin-
ister oaths of office.
(f) The city clerk shall be the chairperson of
the election commission.
(g) The city clerk shall publish all notices,
proceedings, and other matters required to be
published.
(h) The city clerk shall supervise the staff
under his jurisdiction.
(i) The city clerk shall perform such other
duties as may be prescribed by the charter or by
ordinance.
(Code 1977, S 2-4)eCharter reference-Similar provisions, 9 3.8.
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Sec. 2-23. Duties of treasurer.
(a) It shall be the treasurer's responsibility to
establish a system of accounting and auditing for
the city which shall reflect, in accordance with
generally accepted accounting principles, the fi-
nancial condition and operation of the city.
(b) The treasurer shall be custodian of all
public monies belonging to or under the control of
the city, or any office, department, or agency of
the city, and shall deposit or invest all monies as
directed by the council. All interest earnings shall
be the property of the city and shall be accounted
for and credited to the proper city fund.
(c) The treasurer shall collect, receive, and
disburse on proper authorization, all monies re-
ceivable by the city and all other monies for which
the city is responsible for holding in trust.
(d) The treasurer shall supervise the staff un-
der his jurisdiction_
(e) The treasurer shall perform all other duties
as may be required by ordinance.
Charter reference-Similar provisions, ~ 3.10.
. Sec. 2.24. Duties of city attorney.
(a) The city attorney shall be the legal repre-
sentative of the city and shall represent the city in
all cases and in all courts. The city attorney shall
act as legal adviser to the council and other city
officials in matters relating to their official pow-
ers or duties when requested and shall provide a
copy of any written opinion to the city clerk.
(b) The city attorney shall also perform such
other duties as the council may prescribe by
ordinance or resolution.
(Code 1977, S 2-6)
Charter reference--Similar provisions, ~ 8.1.
See. 2.25. Duties of presiding judge.
The presiding judge of the municipal court
shall have the following duties, in addition to
presiding in municipal court:
(1) He shall formulate and amend the local
rules of the court with the approval of the
Colorado Supreme Court.
(2) He shall supervise all court personnel.
Supp. No. 22
(3) He shall submit a yearly budget request
to the council for the proper functioning of
the court.
(Code 1977, S 2-7)
Charter reference-Similar provisions, ~ 8.4.
State law reference-Municipal judges, C.R.S. ~ 13.10-
105 et seq.
Sec. 2-26. Duties of city manager.
(a) The city manager is responsible to the
council for the operation of the city and may be
dismissed by the council should it determine that
such removal is in the best interest of the city.
(b) The duties of the city manager shall in-
clude, but not be limited to, the following:
(1) Be responsible for the enforcement ofthe
laws and ordinances of the city;
(2) Hire, suspend, transfer and remove city
department heads, who serve under the
jurisdiction, and at the will of, the city
manager;
(3) Make appointments of subordinates on
the basis of merit and fitness;
(4) Cause a proposed budget to be prepared
annually and submitted to the council
and be responsible for the administration
of the budget after its adoption;
(5) During the month of July, and as often as
the council may require, prepare and sub-
mit to the council a budget status and
forecast report with any recommenda-
tions for remedial action;
(6) Prepare and submit to the council, as of
the end of the fiscal year, a complete
report on finances and administrative ac-
tivities of the city for the preceding year
and, upon the request of the council, make
written or verbal reports at any time
concerning the affairs of the city under his
supervision;
(7) Keep the council advised of the financial
condition and future needs of the city and
make such recommendations to the coun-
cil for adoption as he may deem necessary
or expedient;
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(8) Exercise supervision and control over all
departments under his jurisdiction;
(9) Be responsible for the enforcement of all
terms and conditions imposed in favor of
the city in any contract or public utility
franchise, and upon knowledge of any
violation thereof, report the same to the
council for such action and proceedings as
may be necessary to enforce the same;
(10) Provide for engineering, architectural,
maintenance, and construction service re-
quired by the city;
(11) Attend council meetings and participate
in discussions with the council in an ad-
visory capacity;
(12) Perform such other duties as may be
prescribed by this Charter, by ordinance
or required of him by council and which
are not inconsistent with this Charter.
(Code 1977, S 2-8; Ord. No. 865, S 3(B), 6-24-91;
Ord. No. 1996-1038, S 1, 7-22-96; Ord. No. 1998-
1144,-S 1, 12-14-98)
Charter reference-Similar provisions, ~ 3.4.
Sec. 2-27. Reserved.
Editor'. note-Ord. No. 1997-1099, adopted Oct. 27,1997
repealed former ~ 2-27, which pertained to the duties of the
editor of finance; and derived from Code 1977, ~ 2-9.
Sec. 2.28. Duties of administrative person-
nel assistant.
The personnel assistant works under the im-
mediate supervision of the city manager in:
(1) Managing all personnel functions re-
quired to carry out a comprehensive per-
sonnel program, including position classi-
fication, recruitment, testing and preparing
certification of candidates for various po-
sitions; conducting training and safety
programs and the administration of fringe
benefit programs.
(2) Maintaining permanent personnel files
and providing the treasurer with work
and assignment data as it affects pay.
(3) Assembling and publishing monthly and
annual activity reports.
Supp. No. 22
(4) Assisting the civil service and personnel
commission with their work.
(5) Handling special administrative matters
assigned by the city manager, including
the drafting or ordinances pertaining to
personnel matters.
(Code 1977, S 2-10; Ord. No. 1998-1144, S 4,
12-14-98)
Sec. 2-29. Duties of director of parks and
recreation.
. The director of parks and recreation works
under the immediate supervision of the city man-
ager to perform the following functions;
(1) Administration of all aspects of the park
system and recreation programs.
(2) Proposing and maintaining a long-range
city park and recreation/open space plan
working in cooperation with other city
departments.
(3) Providing advice and gnidance at city
council, arborist board and park and rec-
reation commission meetings, when re-
quired, in matters relating to the depart-
ment.
(4) Preparing plans and related documents
and information for the acquisition and
construction of parks and recreation facil-
ities.
(5) Maintaining all city parks and grounds as
assigned to the department in an aes-
thetic and functional manner.
(6) Providing an adequate recreation pro-
gram to service all residents of the city.
(7) Collecting reasonable charges or making
requirements for reasonable refundable
deposits, for expendable crafts materials
or recreation equipment, for electric power
and other utilities used by special groups
for the use and/or reservation Qf specific
park areas of recreation facilities in accor-
dance with schedules and policies ap-
proved and adopted by the city council.
(8) Recommending on the acceptance of do-
nations ofland, property, equipment, cash
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(9)
and labor for park and recreation pur-
poses; keeping a full account and record of
all such donations.
Recommending agreements with school,
county, state, other governmentaljurisdic-
tions and private parties for the develop-
ment and use of properties for park and
recreation.
(10) In cooperation with the police department
and in accordance with city council po-
lices, enforcing rules and regulations on
use and conduct in the parks and recre-
ation facilities, including the scheduling
and reservation of special facilities.
(11) Recommending contracts concerning the
operation of concessions, recreation facil-
itiesand programs that the department
finds are in the best interests of the city.
(12) Preparing grant applications and support-
ing data as directed and administrating
county, state and federal grants-in-aid for
the development of park and recreation
facilities.
(13) Assisting and advising on various city
beautification programs.
(14) Preparing and justifying the annual parks
and recreation budget ~and administering
all funds appropriated for the depart-
ment.
(Code 1977, g 2-11; Ord. No. 1998-1144, g 5,
12-14-98)
Cross reference-Parks and recreation, Ch. 17.
Sec. 2-30. Duties of chief of police.
The chief of police works under immediate
supervision of the city manager to perform the
following functions:
(1) Maintaining law and order, protecting life
and property.
(2) Directing and controlling traffic.
(3) Investigating and apprehending law vio-
lators and maintaining of police records.
(4) Regulating and inspecting required li-
censes.
Supp. No. 22
Cooperating with other law enforcement
agencies.
Coordinating with all groups and govern-
mental units on law enforcement matters_
Preparing drafts of proposed regulatory
ordinances and laws regarding public safety
and enforcement of laws.
(8) Preparing and justifying the annual bud-
get for law enforcement services.
(5)
(6)
(7)
(9) Preparing studies relating to public safety
and providing input to traffic engineering
and planning.
(10) Conducting crime prevention programs.
(11) Providing a member to the police pension
board.
(12) Directing the animal control program.
(13) Prepariilg law enforcement assistance
grant applications and administering grant
funds.
(14) Working with the civil service commission
on hiring and disciplinary procedures.
(15) Providing central dispatching services for
fire district and police vehicles.
(Code 1977, g 2-12; Ord. No. 1998-1144, g 6,
12-14-98)
Cross reference-Police, Ch. 19.
Sec. 2-31. Duties of director of public works.
The director of public works under the imme-
diate supervision of the city manager to perform
the following functions:
(1) Planning, organizing, supervising and per-
forming of professional engineering in the
design and construction of streets, traffic
signals, sidewalks, curb and gutter, drain-
age systems, bridges, culverts and other
city structures and coordination of utility
construction programs.
(2) Preparing estimates and contract specifi-
cations and provisions for city-contracted
construction work.
(3) Providing coordination and consultation
regarding all proposed construction projects
affecting the city.
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(4) Supplying details relating to fonnation,
construction and assessments associated
with special public improvement districts.
(5) Reviewing and approving deeds, property
descriptions, subdivision plans and pre-
paring specifications for public works im-
provements in subdivision development
including the inspection and acceptance
of such work.
(6) Maintaining of map files and related
records and surveying as required to main-
tain an accurate inventory of city prop-
erty.
(7) Perfonning engineering services for other
city departments when requested.
(8) Recommending and approving design, ma-
terials and processes proposed in connec-
tion with major repairs and new construc-
tion.
(9) Preparation of supporting data as re-
quired to support highway users tax funds
when needed by the city treasurer.
(10) Preparing traffic-control studies, plan-
ning, design and installation.
(11) Maintaining of all city vehicles and other
motorized equipment.
(12) Planning, organizing and directing the
maintenance, repair and cleaning of city
streets and rights-of-way and relating fa-
cilities, including stonn drainage, alleys,
gutters, parkways and miscellaneous
nonpark public property.
(13) Supervising street-lighting programs and
installations.
(14) Making or directing field inspections of all
municipal construction and repair work
and issuing pennits for same, as applica-
ble.
(15) Preparing and justifYing the budget of the
public works department.
(Code 1977, g 2-13; Ord. No. 1998-1144, g 7,
12-14-98)
Cross reference-Streets and sidewalks, Ch. 21.
Supp. No. 22
Sec. 2-32. Duties of director of planning and
development.
The director of planning and development works
under the immediate supervision ofthe city man-
ager to perfonn the following functions:
(1) Providing professional advice and guid-
ance to the city council and planning
commission on all matters relating to plan-
ning and zoning.
(2) Providing professional advice and guid-
ance to the board of adjustment.
(3) Presenting the findings and decisions of
the city planning commission to the city
council.
(4) Reviewing and checking of all matters
relating to proposed annexations and mak-
ing recommendations thereto.
(5) Reviewing and checking subdivision plans
in preliminary and final fonn and assign-
ing addresses in platted and unplatted
areas.
(6) In coordination with the city engineer,
reviewing all matters relating to city
streets, easements, rights-of-way and
changes of street names and preparing
infonnation for any required ordinances
relating thereto.
(7) Reviewing all rezoning applications, both
in the city and within the city planning
area and making recommendations to the
city planning commission relating thereto.
(8) Reviewing and processing all petitions
relating to assigned functions.
(9) Preparing and presenting special commis-
sion and task force reports.
(10) Developing and maintaining the city com-
prehensive plan.
(11) Developing city long-range planning, in-
cluding land-use planning, physical devel-
opment of the city and community, and
developing and implementing state and
federal grant programs relating to as-
signed functions.
(12) Maintenance of files and a library as
required to support all functions and to
158.2
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ADMINISTRATION
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provide prompt assistance to both public
and private agencies and individuals con-
cerned with physical development of the
city and area.
(13) Inspecting all new construction in the
city, including additions to structures.
(14) Checking the plans for building construc-
tion.
(15) Providing public information on building
safety and construction regulations.
(16) Checking the quality of construction ma-
terial.
(17) Determining the qualification of contrac-
tors for licenses and advising the mayor
on the issuance of such licenses.
(18) Organizing and directing the city's code
enforcement program to include nuisance
abatement, complaints, sign control and
building occupancy enforcement stan-
dards.
(19) Coordinating the submission of federal or
state grants.
(Code 1977, ~ 2-19; Ord. No. 1998-1144, ~. 8,
12-14-98)
Cross references-Buildings and building regUlations,
Ch. 5; zoning and development, Ch. 26.
Sec. 2-33. Duties of animal-park enforce-
ment officers.
Pursuant to the provisions of C.R.S. ~ 30-15-
105 and the Colorado Municipal Court Rules, the
city animal-park enforcement officers are hereby
designated as peace officers and shall be autho-
rized to issue, sign, and serve summons and
complaints and to make all the discretionary
determinations required in order to enforce the
provisions of chapters 4.15 and 17, chapter 20,
articles II and III and section 16-64.
(Code 1977, ~ 4-1.1)
Cross references-Animals and fowl, Ch. 4; parks and
recreation, Ch. 17.
Supp. No. 22
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Sec. 2-34. Code enforcement. '
(a) Duty of officers generally. The duty and
authority to enforce the provisions of Chapters 5,
8, 15, and 20, sections 16-61 through 16-64, the
city's basic zoning ordinance, being Ordinance
No. 98, as amended the city's floodplain zoning
ordinance, being Ordinance No. 1978-255 and the
city's sign ordinance, being chapter 19A of the
Code of the City of Wheat Ridge, Colorado (adopt-
edby Ord. No. 225, series of 1976) is hereby
delegated to code enforcement officers appointed
by the director of planning and development of
the city, which code enforcement officers are spe-
cifically empowered and authorized hereby to
initiate judicial proceedings in the municipal court
by issuance of a summons and complaint in the
event any of the provisions of the sections of the
Code of Laws cited herein are, or are reasonably
believed by the code enforcement officer to have
been, violated.
(b) Issuance of notice to abate nuisance or
uiolation. It is hereby declared by the city council
to be the policy of the city to encourage compli-
ance with all provisions ofthis Code of Laws for
the purpose of ensuring the protection of the
public health, safety and welfare. Accordingly,
notwithstanding any other provisions of this Code
to the contrary, authority is hereby granted to the
code enforcement officers identified in subsection
(a) hereof, upon their detection or discovery of a
violation of this Code, or any of the sections
specified in subsection (a) hereof, or of the exist-
ence of a nuisance with the city, and in the code
enforcement officer's sole discretion, to issue a
notice to abate said violation err nuisance to the
person responsible. The discretionary issuance of
such a notice to abate shall not constitute a
summons and complaint, and no criminal liability
shall attach as a result of such service, and such
discretionary issuance of such notice to abate is
not a prerequisite to the issuance of a summons
and complaint-
(c) Failure to abate a nuisance. In the event a
person served a notice to abate fails to abate the
specified violation or nuisance within ten (10)
days, unless otherwise specified in the ordinance,
from the date the notice to abate is served upon
the person so charged, the code enforcement of-
Supp. No. 21
ficer may issue a summons and complaint to the
person charging such person with a violation of
the applicable code section_
(d) Interference with officer in conduct of du-
ties. It shall be unlawful for any person to inter-
fere with a code enforcement officer during con-
duct of his lawful duties; to intentionally place or
attempt to place a code enforcement officer in fear
of imminent bodily injury by any threat or phys-
ical action during the conduct of such code en-
forcement officer's duties; to threaten the job
status of such code enforcement officer with the
intent to cause the code enforcement officer to fail
to carry out assigned duties or to refrain from
issuing a summons and complaint or a notice to
abate; or to threaten to confine, restrain or cause
bodily contact with or harm to such code enforce-
m,mt officer from intent to induce such officer to
do an act or refrain from doing an act.
(e) Multiple uiolations. Notwithstanding any
provision of this Code of Laws to the contrary, the
code enforcement officers identified in subsection
(a) hereof are authorized to include multiple al-
leged violations of this Code of Laws upon a single
notice to abate nuisance or notice of violation
permitted by subsection (b) hereof, and upon a
single summons and complaint permitted by sub-
sections (a) and (c) hereof.
(Code 1977, ~~ 2-14.1-2-14.4; Ord. No. 873, ~ 1,
9-19-91; Ord. No. 1996-1014, ~ 1, 2-12-96)
Editor's note--Ord. No. 1014, adopted Feb. 12, 1996,
amended 9 2-34 by adding provisions designated as a new
subsection (c1). Since ~ 2-34 already contained provisions
designated as subsection (d), the editor, at his discretion, has
redesignated these new provisions as a new subsection (e).
Sec. 2-35. City historian.
The city historian shall be appointed by the
city council and shall serve without compensation
and at the pleasure of the council. The city histo-
rian shall possess such qualifications as shall be
imposed by the council and shall perform such
functions and undertake such duties as may from
time to time be assigned by the council.
(Ord. No. 1996-1059, ~ 1, 12-16-96)
Sees. 2-36-2-50. Reserved.
159
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WHEAT RIDGE CITY CODE
ARTICLE llL BOARDS AND
COMMISSIONS.
Sec. 2-51. 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:
Capital construction shall mean any major
improvement which tends to be of a permanent
nature and which becomes a fixture for the city;
for purposes of this article, this term shall in-
clude, but not be limited to, land purchase, con-
struction of buildings, roadways, bridges, irriga-.
tion systems, sidewalks and other projects of a
permanent nature, as well as the major replace-
ment thereof.
Employee shall mean an individual paid salary
or wages by the city, but shall not include those
persons who receive payment from the city for
services on a contract basis or elected officials.
Maintenance shall mean any activity involving
the routine repair or upkeep of an existing facility,
equipment or improvement which is intended to
preserve such facility, equipment or improvement
from deterioration or decline and to thereby ex-
tend its useful life. Maintenance shall apply only
to existing facilities, equipment or improvements
and shall not apply to new construction.
(Code 1977, ~ 2-15)
Sec. 2-52. Establishment.
The following boards and commissions of the
city are hereby established: Personnel commis-
sion, animal control commission, parks and rec-
reation commission, arborist board, building code
advisory board, planning commission, board of
adjustment, and civil service commission.
(Code 1977, ~ 2-16)
*Charter references-Boards and commissions, ~ 9.1 et
seq.; election commission, ~ 2.4.
Cross reference-Urban renewal authority. ~ 25-21 et
seq.
Supp. No. 21
Sec. 2-53. Qualifications of members; ap-
pointment and term; removal; va-
cancies.
(a) Members of all boards and commissions
shall be residents of the city and registered vot-
ers. Members of all boards and commissions shall
be at least eighteen (18) years of age at the time of
appointment. All board and commission members
shall serve without compensation. No board or
commission member shall hold elective govern-
mental office for the city or be employed by the
city during tenure as a member of a board or
commission. Except for members of the election
commission, no board or commission member
shall simultaneously serve on more than one (1)
city board or commission.
(b) All boards and commissions shall consist of
eight (8) regular members, to be appointed by a
majority vote of the members of the city council.
Regular members of all boards and commissions
shall have equal voting strength of their respec-
tive board or commission, and shall be authorized
to attend, participate in, and vote at their respec-
tive board or commission meetings. The atten-
dance offive (5) regular members shall constitute
a quorum of the transaction of business at each
meeting of such boards and commissions, and,
except as provided herein in subsection (d), the
affirmative vote of a simple majority shall be
required to adopt any motion or make or ratify
any decision of the board or commission.
(c) Members of boards and commissions shall
serve terms of three (3) years, and such members
may be reappointed to serve additional three-year
terms of office. All appointments to all boards and
commissions shall be made to achieve equal rep-
resentation from each council district to each
board or commission. Except as provided in sub-
section (e) hereof, all members of boards or com-
missions presently serving shall be entitled to
complete the terms for which they were ap-
pointed, and shall be subject to reappointment at
the discretion of city council.
(d) Notwithstanding any other provision in
this section, the following voting rules shall be in
effect for all matters requiring decision by the
board of adjustment to grant any variance, waiver,
temporary building or use permit, any interpre-
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ADMINISTRATION
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tation or floodplain special exception permit (or
for any matter requiring decision by the planning
commission or the city council under Section
26-6(D) of the Zoning Ordinance of the city):
Members Present
Votes Needed to Approve
6
6
5
4
8
7
6
5
All other actions shall be taken by majority vote of
the members present.
(e) Any board or commission member may
resign his term of office at will. Any board or
commission member may be removed from office
by the city council, after public hearing before the
council, by majority vote, for reasons of ineffi-
ciency, neglect of duty, malfeasance in office, or
violation of established rules and procedure. Any
time a member of a board of commission is absent
from more than twenty-five (25) percent of the
meetings held by the board or commission within
any calendar year, such member shall automati-
cally cease to be a member of the board or
commission, unless absences are determined as
excused absences and are voted upon by a major-
ity of remaining members of the board or commis-
sion. Excused absences could include illness, death
in the family or emergencies. In addition, any
time a member of a board or commission is absent
a sufficient number of times to cause the chair-
man of the board or commission to believe that
such absences are impairing the proper function-
ing of the board or commission, the chairman of
the board or commission shall notify the city
council, which shall hold a hearing to determine if
such member shall be removed for neglect of duty.
Any board or commission member who shall change
his personal residence to an address outside the
city or the district he represents shall cease to be
a member of the board or commission, and his
seat shall automatically be deemed vacated as of
the date on which he ceased to be a resident of the
city or of the district. Vacancy on any board or
commission, whether resulting from resignation,
removal by the council or other cause, may be
filled by a new appointment by the city council.
Supp. No. 21
Such appointment shall be for that portion oftime
remaining in the term which the new member has
been appointed to fill.
(f) Upon appointment to a city board or com-
mission, the member shall be provided a packet of
materials prepared by the department which works
with that board or commission, to enable the
member to better carry out his function and
duties. The materials shall include, without lim-
itation, copies of the rules or bylaws of the board
or commission, all relevant ordinances and/or
charter provisions, and any other materials deemed
relevant by staff or city council. Upon assuming
his place as a member of a board or commission,
each member shall take an oath, administered by
the mayor at a regularly scheduled council meet-
ing, thereby swearing or affirming to uphold the
Constitution of the Uuited States and the state,
and the charter and ordinances of the city.
(Code 1977, ~ 2-17; Ord. No. 1989-799, ~ 1,6-12-
89; Ord. No. 1992-892, ~ 1, 3-23-92; Ord. No.
1996-1030, ~ 1,6-10-96; Ord. No. 1996-1031, ~ 1,
6-24-96; Ord. No. 1997-1105, ~ 1, 1-12-98; Ord.
No. 1998-1124, ~ 1, 6-22-98)
Sec. 2-54. Administration.
(a) All boards and commissions may create
and maintain rules of procedure to govern the
administration of the provisions of this article. No
rule shall be in conflict with any of the provisions
of this article or any other ordinance of the city or
any city charter provision. Such rules and regu-
lations shall be adopted to maintain the efficient
administration of the provisions ofthis article, to
protect the public interest, and to preserve the
rights and responsibilities of involved parties.
(b) Each board or commission shall annually
elect a chairperson. The chair shall be on a
rotating basis. It shall be the responsibility of the
chairperson to preside at all meetings of the
respective board or commission. An alternate chair-
person may be elected to serve to assist the
chairperson and to serve in the absence of the
chairperson.
(c) All boards and commissions may utilize
city facilities for their meetings, hearings, and
other deliberations, subject to the approval of the
office of the director of administrative services.
161
~2-54
WHEAT RIDGE CITY CODE
(d) All boards and commissions shall be pro-
vided with sufficient funds by the city to hire a
recording secretary, if needed, who will serve at
the pleasure of the department head assigned to
the board to record minutes of meetings, assemble
documents, duplicate reports, and perfonn such
other clerical duties as the boards and commis-
sions shall from time to time assign. Such clerical
employee shall serve under the immediate super-
vision of the head of the department assigned to
work with the board or commission.
(e) Except as otherwise stated in this article,
all boards and commissions shall fonnulate rules
and regulations setting forth their duties, guide-
lines and standards of procedure. These duties,
guidelines and standards of procedure shall be
approved by the city council and, once approved
by the city council, shall become binding on each
board or commission as th.e official rules and
regulations of that board or commission.
(f) Each board and commission established in
this article shall meet regularly as necessary. In
no event shall any board or commission meet less
than once each calendar quarter of each year.
(Code 1977, ~ 2-18)
Sec. 2-55. Personnel commission.
(a) Establishment. There is hereby established
a personnel commission to advise the mayor, city
council and city manager on all matters concern-
ing city employees within the scope of the person-
nel policies and procedures for the city.
(b) Authority. The authority of the personnel
commission shall extend to all city employees
except:
(1) The city manager;
(2) Department heads;
(3) Municipal judges;
(4) Court bailiffs and court reporters;
(5) Civil service employees, but only in those
circumstances and only to the extent that
a city ordinance or the policies and proce-
dures of the civil service commission do
not conflict with or differ from these pro-
Supp. No. 21
visions, in which case said ordinance or
policies and procedures of the civil service
commission shall govern;
(6) Contract personnel or independent con-
tractors.
(c) Merit principle. In order to assure efficient
and economical administration of city services
and to provide equal opportunity for all qualified
persons to compete for positions in the city em-
ployment, the city hereby recognizes the merit
principle in personnel administration. It shall be
the policy of the city to appoint qualified employ-
ees and to make possible a career service by
making promotions on the basis of efficient work
perfonnance and by providing tenure of office to
those who give satisfactory service to the city.
(d) Policies and procedures manual allowed. A
purpose of this section is to allow for the estab-
lishment of a policies and procedures manual,
which shall be adopted by a vote of majority of all
the city council members. Such policies and pro-
cedures manual will be consistent with the follow-
ing principles:
(1) Recruiting, selecting and advancing em-
ployees on the basis of their relative abil-
ity, knowledge, skills and perfonnance on
the job, including open competition or
qualified applicants for initial employ-
ment.
(2) Trairiing employees, as needed, to assure
high-quality performance.
(3) Retaining employees on the basis of the
adequacy of their perfonnance, correcting
inadequate performance and separating
employees whose inadequate performance
cannot be corrected.
(e) Appeals. In addition to the duties and re-
sponsibilities set forth in ordinances and in the
personnel policies and procedures, the personnel
commission shall act as a board of appeal on all
matters pertaining to violation of the personnel
rules, disciplinary action and reductions in force,
and shall preserve, protect and promote the stan-
dards of merit in city personnel administration.
Procedures shall be pursuant to provisions set
forth in the personnel policies and procedures. In
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ADMINISTRATION
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all hearings the petitioner shall have the oppor-
tunity to appear in his own behalf, with or with-
out the assistance of legal counsel, present evi-
dence in his own behalf and cross-examine
witnesses presented against him.
(f) htion through personnel assistant. In all
matters, except appeal hearings, the commission
shall act through the personnel assistant in deal-
ing with employees.
(g) Creation of personnel policies and proce-
dures manual. The personnel commission shall
create and maintain a personnel policies and
procedures manual pursuant to the provisions set
forth herein. The personnel policies and proce-
dures shall be effective upon approval by a ma-
jority vote of the city council. Amendments to the
personnel policies and procedures shall be adopted
by the majority vote of the personnel commission,
subject to approval by a majority vote of the city
council. No rule shall be in conflict with any of the
provisions of this article or any other ordinance of
the city. Such policies and procedures shall be
adopted to maintain the efficient administration
of the rights and responsibilities of involved par-
ties_
(Code 1977, ~ 2-19; Ord. No. 1990-826, ~ 1, 3-12-
90; Ord. No. 1998-1144, ~ 9, 12-14-98)
Sec. 2-56. Animal welfare and control com-
mission.
(a) The animal welfare and control commis-
sion shall advise the police chief, mayor, city
manager and city council on matters within the
scope of this section and chapter 4 of this Code,
and on matters concerning the control and dispo-'
sition of animals that may arise in the city.
(b) The city council will appoint two (2) ex-
officio members who are licensed veterinarians
that maintain a practice within the city, but need
not be residents of the city, in order to provide
professional or technical advice to the commis-
sion.
(c) The animal welfare and control commission
shall receive and review complaints made concern-
ing the administration and effect ofthis and other
ordinances relating to animals and shall make
Supp. No. 22
recommendations to the city council, mayor, city
manager or police chief on the appropriate action
to be taken on complaints.
(d) The animal welfare and control commis-
sion shall maintain liaison with the county health
officer and shall report all matters that may
endanger the public health to such county health
officer_
(e) The animal welfare and control commission
shall approve or reject all applications made for
issuance of a kennel license pursuant to chapter 4
of this Code. The commission shall make such
determination for approval or rejection on the
following stanaards:
(1) The need of the applicant for a number of
animals in excess of limits set forth in
chapter 4 of this Code shall be balanced
against the need of the community to
maintain itselfin a healthful manner, free
from unnecessary noise or other distur-
bance.
(2) The welfare of the animal shall be consid-
ered, but the welfare of any animal shall
be inferior to the welfare of any person.
(f) The commission shall make no determina-
tion regarding an application for a kennel license
until a public hearing has been held regarding the
issuance of such license. Such hearing shall be
held in accordance with the following procedures:
(1) Notice of public hearing on an application
for a kennel license shall be posted on the
property where the kennel is to be main-
tained for not less than ten (10) days prior
to said public hearing.
(2) Notice of public hearing shall be pub-
lished in a newspaper of general circula-
tion in the city not less than ten (10) days
prior to said hearing.t
(3) At the public hearing, testimony shall be
received from all parties who desire to
give testimony regarding the merits of the
issuance of the kennel license. A record of
testimony offered at the public hearing
shall be maintained by the animal control
commission.
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WHEAT RIDGE CODE
(4) At the public hearing, the applicant for
the license shall be pennitted to appear in
person or with the assistance of counsel
and shall be entitled to present evidence
in his own behalf and cross-examine wit-
nesses against him. The applicant for a
kennel license shall receive written notice
of public hearing, not less than ten (10)
days prior to the hearing.
(5) The animal welfare and control commis-
sion shall make findings of fact regarding
the issuance of a kennel license, based
upon the testimony and evidence pre-
sented at the public hearing. The decision
of the animal welfare and control commis-
sion whether to grant or reject an appli-
cation or kennel license shall be based
upon those findings of fact made by the
commission.
(6) The decision of the animal welfare and
control commission may be appealed to
the city council upon the written request
of the applicant within ten (10) days of the
decision by filing such appeal with the
city clerk for inclusion and placement on
the agenda of the city council.
(g) Renewal of the kennel license shall be upon
application. Reconsideration of renewal denial
shall be made only after a public hearing is held
pursuant to subsection (f) above.
(h) It shall be the duty of the animal welfare
and control commission to grant exceptions to the
prohibition against owning, possessing, harbor-
ing, selling, or trafficking in wild animals as
provided in section 4-14 of this Code. The animal
welfare and control commission shall grant excep-
tions to the restrictions of section 4-14 on the
following standards:
(1) The need of the applicant to keep an
animal prohibited by section 4-14 of the
Code shall be balanced against the need
of the community to maintain itself in a
healthful manner, free from unnecessary
noise or other disturbance.
(2) The welfare of the animal shall be consid-
ered, but the welfare of any animal shall
be inferior to the welfare of any person.
Supp. No. 22
(i) Exceptions to the restrictions set forth in
section 4-14 of this Code shall be made only after
a public hearing is held, pursuant to the proce-
dures set forth in subsection (f) above.
(Code 1977, ~ 2-20; Ord. No. 1998-1118, ~ 1,
5-18-98; Ord. No. 1998-1135, ~ 2, 11-9-98; Ord.
No. 1198-1144, ~ 10, 12-14-98)
Cross referenc~imals and fowl. Ch. 4.
Sec. 2-57. Parks and recreation commission.
(a) The parks and recreation commission shall
advise the mayor, city council, and city manager
on all matters within the scope of chapter 17 of
this Code.
(b) The duties of the parks and recreation
commission shall be:
(1) 'lb regularly consult with the director of
parks and recreation;
(2) 'lb review all existing and proposed legis-
lation relating to parks and recreation
matters;
(3) To make recommendations on parks and
recreation matters to the city council;
(4) 'lb act as liaison between the department
of parks and recreation and the commu-
nity at large;
(5) 'lb promote and develop positive relation-
ships with community groups, other pub-
lic agencies and the general public;
(6) To encourage the widest possible citizen
understanding of parks and recreation
activities;
(7) 'lb seek citizen advice and support for the
proper management and operation of parks
and recreation facilities.
(c) The parks and recreation commission shall
have the authority to promulgate rules and regu-
lations for the proper management, operation,
and control of the parks, parkways, and other
recreational facilities within the city. These rules
and regulations and amendments to such rules
and regulations shall be adopted by a majority
vote of the commission. The rules and regulations
and amendments to such rules and regulations
shall be effective upon approval by a majority vote
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of the city council. Such rules and regulations
shall be promulgated according to standards pub-
lished and submitted by the commission and
approved by the city council.
(Code 1997, S 2-21; Ord. No. 1998-1144, S 11,
12-14-98)
Cross reference-Parks and recreation, Ch. 17.
Sec. 2-58. Arborist board.
(a) The arborist board shall advise the mayor,
city CQuncil, city arborist, and city manager, on all
matters within the scope of chapter 24 of this
Code.
(b) The arborist board shall have the power to
promulgate rules, regulations, and specifications
for the spraying, removal, planting, pruning, and
protection of trees, shrubs, vines, hedges, and
other plants upon the public right-of-way of any
street, alley, sidewalk, or other public 'place in the
city. Such rules and regulations shall be effective
upon approval by a majority vote of the city
council. Such rules and regulations shall be pro-
mulgated according to standards published and
submitted by the board and approved by the city
council.
(c) The arborist board may submit to the parks
and recreation commission and to the city council
recommendations regarding financial support for
the administration of chapter 24 of this Code_
(d) The arborist board shall approve or reject
all applications made for the issuance of an arborist
license pursuant to chapter 24 of this Code. The
board shall make such detennination for approval
or rejection based on standards published and
submitted by the board and approved by the city
council.
(e) The decision of the arborist board may be
appealed to the city council upon the written
request of the applicant within ten (10) days of
the decision by filing such appeal with the city
clerk for inclusion and placement on the agenda
of the city council.
(1) Notice of public hearing shall be pub-
lished in a newspaper of general circula-
tion in the city not less than ten (10) days
prior to the hearing.
Supp. No. 22
(2) At the public hearing, testimony shall be
received from all parties who desire to
give testimony regarding the merits of the
issuance of the arborist license. A record
of testimony offered at the public hearing
shall be maintained by the arborist board.
(3) At the public hearing, the applicant for a
license shall be pennitted to appear in
person or with the assistance of counsel
arid shall be entitled to present evidence
in his own behalf and cross-examine wit-
nesses against him. The applicant for an
arborist license shall receive written no-
tice of public hearing, not less than ten
(10) days prior to the hearing.
(4) The arborist board shall make findings of
fact regarding the issuance of an arborist
license, based upon the testimony and
evidence presented at the public hearing.
The decision of the arborist board whether
to grant or reject an application for an
arborist license shall be based upon those
findings of fact made by the board.
(5) The decision of the arborist board may be
appealed to the city council upon the
written request of the applicant within
ten (10) days of the decision by filing such
appeal with the city clerk for inclusion
and placement on the agenda of the city
council.
(f) Renewal of the arborist license shall be
upon application. Reconsideration of a renewal
denial shall be made only after a public hearing is
held pursuant to subsection (e) above.
(Code 1977, S 2-22; Ord. No. 1998-1144, S 12,
12-14-98)
Cross reference-Trees and shrubs, Ch. 24.
Sec. 2.59. Building code advisory board.
(a) There is hereby established a building code
advisory board in order to determine the suitabil-
ity of alternate materials and methods of construc-
tion and to provide for reasonable interpretation
of the provisions of the ''Unifonn Building Code."
(b) The building code advisory board shall have
the authority and obligation to propose, revise,
and annually review provisions for energy conser-
vation in buildings for the city.
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WHEAT RIDGE CODE
(c) The board shall consist of members who are
qualified by experience and trained to pass upon
matters pertaining to building construction and
shall have representatives from the following
categories as regular members of tlie board: one
(1) licensed engineer; one (1) licensed architect;
one (1) builder; and two (2) at-large members
from fields related to the construction industry.
The alternate members of the building code advi-
sory board may be members from any fields
related to the construction industry.
(d) The board shall have' the authority to re-
view any written final decision of the chief build-
ing inspector upon the written request of the
applicant within ten (10) days of the decision by
filing such appeal with the building department
upon the building division forms designated for
such purposes_ The board shall not have the
authority to recommend decreasing public safety
or fire-resistive standards set forth in any city
ordinance. Where specific materials, types of con-
struction or fire-resistive properties are required,
such requirements shall be the minimum require-
ments, and any materials, types of construction or
fire-resistive protection which will afford an equal
or greater degree of safety or resistance to fire as
specified in city ordinances may be recommended.
(e) Procedureslorhearingofappeals from writ-
ten decisions of the chief building inspector shall
be pursuant to subsection (d) above. In all hear-
ings the petitioner shall have the opportunity to
appear on his own behalf, with or without the
assistance of legal counsel, present evidence in
his own behalf, and cross-examine witnesses pre-
sented against him._ The building inspection divi-
sion shall be given the opportunity to present
evidence at all hearings.
(f) The building-code advisory board shall have
the authority to promulgate rules and regulations
for the conduct and standards of review to be
applied in all appeals to the board from written
decisions of the chief building inspector.
(Code 1977, ~ 2-23)
Cross reference-Buildings and building regulations,
Ch.5.
Sec. 2-60. Planning commission.
(a) The planning commission shall develop and
prepare a master plan for the physical, economic
and social development and continuance of the
Supp. No. 22
city. The planning commission shall hold a public
hearing on the plan and make its recommenda-
tions to the city council. The city council shall
adopt and approve the master plan after holding
public hearings and shall authorize the city clerk
to have the master plan recorded at the county.
The master plan shall be called the "Comprehen-
sive Plan for the City of Wheat Ridge" and shall
be hereafter in this article referred to as "the
comprehensive plan." It shall include, but not be
limited to, the following: established character,
goals and objectives; population; land use; eco-
nomic base; public facilities; parks and open space;
transportation; prevention of pollution; and re-
source conservation.
(b) Amendments to the adopted chapters of
the comprehensive plan or new proposed chapters
to the comprehensive plan shall be initiated by
the planning commission or referred to the plan-
ning commission by the city council for the plan-
ning commission's recommendation. No such
amendment shall be final until acted upon by the
city council, which may approve, amend or deny
such recommendation in whole or in part follow-
ing public hearing. The planning commission shall
approve or disapprove amendments to the master
plan or comprehensive plan submitted to it by city
council within thirty (30) days after such submis-
sion. The date of submission shall be the date the
city council makes its decision to submit the
matter to the planning commission. The approval
or disapproval shall be in the form ofrecommen-
dations to the city council after all necessary
public hearings have been held. Failure to make
said written recommendations to city council within
thirty (30) days shall be deemed a recommenda-
tion for approval without comment to the city
council, and a certificate to that effect shall be
issued by the planning commission upon demand.
(c) The planning commission shall approve or
disapprove or perform any necessary action upon
any other matter properly referred to it by the city
council within thirty (30) days from the date of
the decision to submit the matter to the planning
commission. Failure to approve or disapprove or
to undertake the requested activity within the
thirty-day time period shall be deemed a recom-
mendation for approval without comment or a
referral back to the city council for performance of
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~ 2-60
the requested activity in accordance with estab-
lished procedures concerning notice to the general
public and public hearings.
(d) The city council may extend the thirty-day
period based upon a finding that such extension
would serve the best interests of the city. If the
planning commission makes a recommendation
for approval of a change to a zoning district which
differs significantly from the comprehensive plan,
the planning commission shall also make a rec-
ommendation for amendment of the comprehen-
sive plan so the proposed zoning change shall fit
compatibly into the overall planning concept of
the city.
(e) The city council and the governing bodies of
all other governmental agencies, and publicly or
privately-owned public utilities, shall refer all
matters of capital construction except for city
street maintenance to the planning commission to
determine if they conform to the comprehensive
plan in location, character and extent. In the case
of disapproval, the commission shall communi-
cate its reasons to the appropriate governing
body, which has the power to overrule such dis-
approval by a recorded vote of a. majority of its
entire membership.
(f) The planning commission shall hold a pub-
lic hearing on all zoning cases. The staff shall
provide a written staff report to the planning
commission prior to the meeting, which shall
contain a staff recommendation on the case which
will be based in part on how the requested change
conforms to the adopted comprehensive plan. The
planning commission shall pass a resolution which
makes a recommendation to the city counciL A
negative decision of the planning commission
may be appealed to the city council upon the
written request of the applicant within ten (10)
days ofthe decision by filing such appeal with the
city clerk for inclusion and placement on the
agenda of the city council, or the city council may
by motion place it upon a council agenda for
hearing and decision. When a rezoning is denied,
amendment of the comprehensive plan shall be
considered.
(g) Public hearings for development plans for
planned development zoning shall be conducted
using the same procedures as for approval of
subdivision plats.
Supp. No. 22
(h) Preliminary subdivision plats shall be heard
and approved by the planning commission through
a public hearing with notification based on the
requirements of the subdivision regulations.
(I) After holding a public hearing on final sub-
division plats, the planning commission shall
make a recommendation to the city council, with
final action taking place at the city council. Public
hearings shall be conducted following procedures
outlined in the subdivision regulations.
(j) Public hearings shall be held for special use
permits which approve specific land uses follow-
ing the procedures for changes ofthe zoning map.
The planning commission shall make a recommen-
dation to the city council and the final action shall
be taken by the city council following the proce-
dures for changes to the zoning map_
(k) Minor subdivision plats without public street
dedications or public reservations shall be heard
and approved by the planning commission at a
public hearing. Public hearings shall be con-
ducted following procedures outlined in the sub-
division regulations.
(I) Minor subdivision plats with public street
dedications or public reservations shall be heard
by the planning commission at a public hearing
and shall then be forwarded with their recommen-
dations to city council for final approval. Public
hearings shall be conducted following procedures
outlined in the subdivision regulations.
(m) Wherein the planning commission has de-
nied a minor subdivision, an applicant may ap-
peal that decision to city council in accordance
with paragraph (f) of this section. Wherein the
planning commission has approved such a minor
subdivision, aggrieved adjacent property owners
may appeal that decision to city council in accor-
dance with paragraph (f) of this section.
(n) Special use permits for curb cut modifica-
tion, parking lot buffering and parking in front of
multifamily developments shall be decided by the
planning commission.
(0) Amendments to the subdivision regula-
tions shall be initiated by the planning commis-
sion or referred to it by the city council. The
commission's recommendation shall be forwarded
167
~2-60
WHEA.'r RIDGE CODE
to the city council for amendment and/or approval
within thirty (30) days of referral of a proposed
amendment by the city council. The date of refer-
ral shall be the date on which the coundl makes
its decision to refer the proposed amendment to
the planning commission. Failure to make any
recommendation to the city council within the
thirty-day time period shall be deemed a recom-
mendation for approval of the proposed regula-
tion without comment and a referral of the pro-
posed amendment back to the city council for
necessary-action. The city council may extend the
thirty-day period based upon a finding that such
extension would serve the best interests of the
city.
(Code 1977, S 2-24)
Cross references-Urban renewal, Ch. 25; zoning and
development, Ch. 26.
State law reference-Planning commissions, C.R.S.- ~
31-23-201 et seq.
Sec. 2-61. Board or adjustment.
(a) The board of adjustment shall have the
authority to hear and decide requests for vari-
ances and waivers of the city zoning ordinance,
floodplain zoning ordinance, and sign code, and
for interpretation of those ordinances and codes
and the subdivision regulations, subject to those
guidelines set forth in the Zoning Ordinance,
section 26.D., and as approved by the city council
in the form of official rules and regulations for the
board of adjustment.
(b) The board of adjustment has the responsi-
bility, in accordance with the Zoning Ordinance,
section 26.D., to permit in any district a tempo-
rary building which is used for a permitted use in
that district, or a temporary use of land which is
not allowed in that district; such permit is to be
issued for no longer than one (1) year per appli-
cation. year per application.
(c) In exercising the above-mentioned powers,
the board may, in conformity with all other appro-
priate provisions oflaw, reverse Qr affirm, wholly
or partly, or may modify the order, requirement,
decision or determination appealed from and shall
make such order, requirement, decision or deter-
mination as in its opinionOlight to be made in the
premises, and to that end shall have all the
powers of the zoning administrator.
Supp. No. 22
(d) The board of adjustment shall hold a public
hearing on all applications and appeals, in accor-
dance .with public hearing notice and procedure
requirements set forth in Section 26.D. and F. of
the Zoning Ordinance, with the following special
conditions required:
(1) Any final determination of the board of
adjustment shall be reported in writing
over the signature of the chairman of such
board, and a copy of such report shall be
furnished the applicant, the planning com-
mission and the city clerk. The board of
adjustment shall authorize issuance of
any permits, licenses or other instru-
ments necessary to implement or enforce
such determination.
(2) Every decision of the board on any case
shall be by resolution indicating the rea-
sons of the board therefor.
(3) The final disposition of any appeal from
the zoning administrator before the board
of adjustment shall be in the form of a
resolution either affirming, reversing or
modifying the order, requirement, deci-
sion or determination appealed from. If a
resolution fails to reCllive the required
number of votes as set forth by section
2-53(d) in favor of the appellant upon
appeal or of the application for a variation
. from the zoning regulations, the action
will be deemed equivalent to a denial, and
a resolution denying such application or
appeal shall be formally entered upon the
record_
(4) No request to grant a hearing will be
entertained unless new evidence is sub-
mitted which could not have been, with
due diligence, presented at the previous
hearing or at least one (1) year has passed
since the date of the decision on the pre-
vious application or appeal.
(5) Any variance granted by the board of
adjustment or planning director shall au-
tomatically expire within one hundred
eighty (ISO) daYs of the date it wasgranted,
or within such other time as the board of
adjustment or planning director may pre-
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ADMINISTRNl'ION
scribe, unless a building permit for the
variance is obtained within such period of
time. If the building permit expires, the
variance shall expire at the same time.
Extensions of time may be granted for
good cause shown, but only if an applica-
tion for the extension is made prior to the
expiration of the variance.
(e) The board shall adopt bylaws and rules of
procedure that shall be approved by a majority
vote of the city council.
<D Appeals of any decision of the board of
adjustment may be made by any application or
the city to the district court.
(Code 1977, ~ 2-25; Ord. No. 1989-799, ~ 2, 6-12-
89; Ord. No. 1992-889, S 1, 2-10-92)
Cross reference-Zoning and development, Ch. 26.
State law reference-Board of sdjustment, C.R.S. ~
31-23-307.
Sec. 2-62. Civil service commission.
(a) Examination and certification of applicants
for position or promotion:
(1) All examinations for initial hire shall be
competitive among such candidates as are
qualified, and who have submitted all
appropriate and complete applications and
other credentials. All testing and screen-
ing procedures for initial hire, including
lateral entry shall be determined jointly
by the chief of police and the civil service
commission, in keeping with modern per-
sonnel screening practices, in compliance
with current federal and state guidelines
regarding hiring, as appropriate, and in
compliance with the city civil service com-
mission policies and procedures.
(2) For entry level positions as deemed appro-
priate by the chief of police, the first step
in the screening process, following appli-
cation, may be a prescreening interview
to be conducted by two (2) members of the
police department as appointed by the
chief of police. The function and purpose
of this oral interview will be to screen out
unacceptable candidates based upon a set
of specific standards formulated by the
chief of police and the civil service com-
Supp. No. 22
169
~ 2-62
mission, and as such, members assigned
to the prescreening interview shall have
the authority to drop the candidate from
further consideration in the event that
the candidate fails to meet the minimum
standards as established. If at any time
during the hiring process information is
developed to indicate that the candidate
does not meet the minimum standards as
established by the civil service commis-
sion, and upon consent of the chief of
police, the candidate shall be dropped
from further consideration at this time.
(3) The final selection oral board for entry
level police officer and all other entry
level positions, as deemed appropriate by
the chief of police and the civil service
commission, shall be convened by the civil
service commission. All members of the
final selection oral board shall be equal
voting members.
(4) Upon completion of the screening process
the city manager's personnel assistant
shall prepare a list of candidates who
have satisfactorily passed the entire ex-
amination in the order in which their
grades have placed them. This list of the
candidates shall be certified by the chair-
man of the civil service commission or his
designee and then shall be submitted to
the chief of police for processing. The chief
of police, with approval of the city man-
ager, after having received a list or lists
duly certified, shall hire candidates from
the list or lists on the basis of the "rule of
three." The "rule of three," whenever ref-
erenced in connection with this chapter,
shall indicate the initial hiring of a can-
didate from among the top three (3) re-
maining candidates on the current eligi-
bility list or lists for the particular job
class or rank. The chief of police may hire
candidates for the position of police officer
from either the entry level eligibility list
or the lateral entry eligibility list. The
chief of police and the chairman of the
civil service commission, with approval of
the city manager, shall designate those
persons who shall serve on the various
~ 2-62
WHEAT RIDGE CODE
phases of the screening process; however,
due to the chiefs ultimate hiring author-
ity, he shall not directly participate in the
actual screening of any given group of
candidates prior to his receiving the cer-
tified list of eligible candidates.
(5) The civil service commission shall be re-
sponsible for establishing the minimum
qualifications and for conducting the ex-
amination and certification of all appli-
cants for promotion within the classified
service of the police department. Eligibil-
ity for taking a promotional examination
shall be from those members of the de-
partment who are certified to the rank or
grade immediately below the rank or grade
for which they are being examined or as
specified in civil service commission poli-
cies and procedures. In the event that the
civil service commission shall determine
that there are no qualified members in
the classified service to take a promo-
tional examination, the civil service com-
mission may undertake open recruitment,
relax the requirements of length of ser-
vice, or designate additional ranks or
grades who may be eligible for that par-
ticular examination only. All examina-
tions for promotion shall be competitive
among such members of the department
as are qualified and desire to submit
themselves to examination. The commis-
sion shall submit to the chief of police the
list with the names of all members who
have satisfactorily passed the entire ex-
amination, in the order in which their
grades have placed them, and the Chief of
police, after having received a list duly
certified, shall make promotions there-
from in the priority order in which the
names appear.
(b) Rules; investigations. The commission shall
have the power to make and enforce rules for the
purposes of carrying out the provisions of this
article, which rules shall be printed for distribu-
tion and a copy provided for each member of the
classified service: The commission shall have the
power to investigate all breaches of this article
and conduct hearings in disciplinary matters as
Supp. No. 22
herein provided, and while conducting such an
investigation or hearing, the commission shall
have the authority to compel the attendance of
witnesses and the production of books and papers.
The civil service commission, with approval of the
city manager, may make use of existing city
facilities and, as circumstances might dictate,
temporarily use other city employees to assist the
commission in performing its duties_
(c) Political activity. The city as a home rule
municipal corporation possessing the powers and
authorities reserved and granted pursuant to
article XX of the Constitution of the State of
Colorado, hereby determines not to adopt the
provisions of C.RB. ~ 31-30-105 relating to polit-
ical activities. Rather, all political activities en-
gaged in by persons employed by and within the
police department shall be governed by the provi-
sions of the personnel policies and procedures of
the city, as adopted from time to time. Violation of
such procedures shall be grounds for discipline as
provided in the personnel policies and procednres
and may additionally be prosecuted as a violation
of this Code of Laws, with a violation thereof
resulting in imposition, upon a finding of guilty or
a plea of no contest, of the penalties provided in
section 1-5 of this Code of Laws.
(Code 1977, ~ 2-26; Ord. No. 1990-824, ~ 1, 3-12-
90; Ord_ No. 1991-877, ~ 1, 10-4-91; Ord. No.
1998-1144, ~ 13, 12-14-98)
Cross reference-Police civil service commission, ~ 19-21
et seq.
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