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HomeMy WebLinkAboutOrdinance-1979-0352INTRODUCED BY COUNCILMEMBER TURNER ORDINANCE NO. 352 Series of 1979 TITLE: AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF WHEAT RIDGE, COLORADO, BY THE ADDITION OF ARTICLE IV, 14ATER14AY CONTROL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 9 of the Code of the City of Wheat Ridge, Colorado, is hereby amended by the addition of Article IV, Waterway Control, as follows: ARTICLE IV. WATERWAY CONTROL Sec. 9-12. Removal of Debris - Duty of Owner. (a) It shall be the responsibility of every owner of property, or any tenant or agent in charge thereof, which is crossed by a natural waterway to remove, or cause to be removed, all deposits of natural and artificial debris and material within one hundred fifty feet of the center line of Clear Creek, as defined in the official maps and plats maintained by the City Engineer, and within fifty feet of the center line of all other rivers, creeks, canals, and water courses, as defined in the official maps and plats maintained by the City Engineer. (b) If the debris and material is of a size or amount so as to preclude removal by the owner, tenant or agent in charge, the owner, tenant or agent in charge shall notify the Code Enforcement Officer in writing as to the existence and location of such debris and material. Upon receipt of written notice, the Code Enforcement Officer shall cause such debris and material to be removed within seventy-two hours. Sec. 9-13. Abatement by City Upon Owner's Failure to Remove. If any owner, tenant or agent in charge shall fail to remove debris and material or notify the Code Enforcement Officer of the existence and location of debris and material not capable of removal by the owner, tenant or agent in charge, as required by this Ordinance, within seventy-two hours of being notified in writing to do so by the Code Enforcement Officer, the Code Enforcement Officer may direct the debris and material be removed and charge the cost thereof to such owner, tenant or agent in charge, together with five percent additional for inspection and other incidentals. Sec. 9-14. Collection of Costs. (a) In the event the debris and material are removed by order of the Mayor or his designated representative, the whole cost of removal of such debris and material, together with five percent for inspection and other incidentals, shall be paid to the City Treasurer within thirty days after mailing by the City Treasurer to the owner by registered or certified mail, notice of the assessment of such cost. (b) Failure to pay such assessment within such period of thirty days shall cause such assessment to become a lien against such lot, block or parcel of land and shall have priority over all liens, except general taxes and prior special assessments, and the same may be certified at any time, after such failure to so pay the same, within thirty days, by the Mayor or his designated representative to the County Treasurer to be placed upon the tax list for the current yea4d, and to be collected in the same manner as other taxes are collected-, with ten percent penalty to defray the cost of collection. r" C_ u u. G ORDINANCE NO. 352 PAGE TWO Sec. 9-15. Method of Notification. The Code Enforcement Officer shall post properties In v,o ation of this article. Such posting of notice shall be dated and signed by the Code Enforcement Officer and shall include a statement directing the failure to remove debris and material within seventy-two hours will result in the Code Enforcement Officer directing such debris and material removed and the cost plus five percent to be charged to the owner, tenant, or agent of the property. Section 2. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its appli- cation to other persons or circumstances. Section 3. This Ordinance shall take effect 1 day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to `0 on this 6th day of Au ust , 1979; ordered published in-Tull in a newspaper of genera circulation in the City of Wheat Ridge and Public Hearing and consideration of final passage set for _ August 27 , 1979, at 7:30 o'clock ,.m., at Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 0 this 27th day of August 1979. 77 SIGNED by the Mayor on this,21 aay of 1979. l/ u Oliver i ips, ay ATTEST: Carol Hampf, City C rlk lst Publication August 9, 1979 2nd Publication Effective Date August 30, 1979 August 31, 1979 APPROVED BY OFFICE OF CITY ATTORNEY: C =-a v C