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HomeMy WebLinkAboutOrdinance-1984-0596INTRODUCED BY COUNCIL MEMBER WEST EMERGENCY ORDINANCE NO. S96 Series of 1984 TITLE: AN EMERGENCY ORDINANCE AMENDING SECTION 27, REGULATIONS APPLICABLE TO ALL DISTRICTS OF APPENDIX A OF THE CODE, OF LAWS OF THE CITY OF WHEAT RIDGE BY ESTABLISHING CRITERIA FOR ISSUANCE OF REZONING APPROVALS AND BUILDING PERMITS IN INSTANCES WHERE HOLDING TANKS ARE REQUIRED TO BE INSTALLED AND MAINTAINED WITHIN THE CITY OF WHEAT RIDGE BASED UPON THE EMERGENCY FOUND TO EXIST BY THE CITY COUNCIL AS SPECIFIED HEREIN. WHEREAS, an emergency exists within the City of Wheat Ridge by virtue of the fact that holding tanks are being required to be installed in connection with certain developments to prevent potential overloading of the collection and treatment facilities of certain sanitation districts providing service within the City of Wheat Ridge. WHEREAS, the City Council of the City of Wheat Ridge finds that, unless there is immediately imposed a uniform set of design, installation and maintenance criteria for said holding tanks, certain holding tanks will be installed which will not meet the criteria established herein and will, therefore, pose an immediate health hazard to the citizens of the City of Wheat Ridge, WHEREAS, an emergency as defined in Section 5.13 of the Home Rule Charter of the City of Wheat Ridge exists in that establishment and enforcement of the criteria set forth herein is necessary for the immediate preservation of the public health as well as public and private property, THEREFORE, be it ordained by the City Council of the City of Wheat Ridge: Section 1. The provisions of Section 27 of Appendix A of the Code of Laws of the City of Wheat Ridge are hereby amended by adding thereto the following subsection 27(I), Standards and Criteria for Design, Installation and Maintenance of Holding Tanks for Sanitation Purposes: I. Standards and Criteria for Design, Installation and Maintenance of Holding Tanks for Sanitation Purposes. A. In those instances and cases where installation and maintenance of holding tanks for storage of sewage is required by any sanitation district providing service to property within the City of Wheat Ridge, which property is sought to be rezoned, no rezoning application shall be approved by the Planning Commission or City Council unless and until the following design, installation and maintenance standards and criteria shall be met. (1) Holding tanks shall be designed for a minimum of one day's capacity, controlled discharge timed for low flow period between midnight and 6:00 A.M. (between midnight and 6:00 A.M., at a discharge rate not to exceed 0.5 c.f.s.) (2) A holding tank of 24 hour capacity may be concrete, steel or fiberglass; although if the tank has a round bottom, pumps must be set so that the entire tank will be emptied to prevent an accumulation of solids in the bottom. (3) Dual pumps shall be installed with each pump having the capacity to empty the tank during the designated discharge period of midnight to 6:00 A.M. (4) An automatic pump control system activated by a time clock or an electrical system automatically energized between midnight and 6:00 A.M. shall be provided and installed. (5) A submergeable aerator mixer shall be operational in the tank to prevent sewage from settling and becoming septic. (6) All tanks shall be vented through a building stack. (7) A high fluid warning light and alarm horn shall be operational. (8) Any system designed and installed within the City is the responsibility of the Owner to operate and maintain. Prior to obtaining a Certiciate of occupancy, the owner shall furnish the City a specific and satisfactory maintenance program commitment and/or agreement. B. The standards and criteria set forth in subsections A-1 through A-8 above constitute minimum standards and criteria for safe and acceptable holding tank design, installation and maintenance. Authority is specifically reserved to the City Council to require design, installation, and/or maintenance subject to more stringent criteria and standards than those set forth herein upon a specific finding by the City Council that imposition of such stringent requirements is specifically necessary to protect the health, safety and welfare of the public, provided that no rezoning application shall be denied for the failure of any rezoning applicant to meet such additional standards and requirements unless said applicant has been advised of the content of and necessity to meet such additional requirements in writing by either the Planning Commission or the City Council no less than 30 days prior to the date upon which said rezoning application is finally heard and decided. C. The City of Wheat Ridge specifically reserves the right and authority to inspect and approve the design and installation of any holding tank prior to issuance of a Certificate of Occupancy upon any building or structure. The failure of any holding tank to meet the requirements imposed upon it pursuant to this subsection 27(I) shall constitute grounds for the denial of any Certificate of Occupany or the issuance of an Order to vacate the premises as a "dangerous structure" pursuant to the provisions of the Uniform Code for the Abatement of Dangerous Buildings, 1982 Edition, adopted by the City in ordinance 509, Series of 1982. - 2 - D. Violation of any provision of this ordinance shall constitute a misdemeanor, and upon conviction any violation shall be subject to a penalty not to exceed $999.00. In addition, authority is specifically reserved to the City to enforce the within provision by injunctive relief. Any costs or expenses incurred by the City in enforcement of the provisions of this Section 27(I), including reasonable attorney's fees, shall be awarded to the City upon its successful prosecution of any action seeking injunctive relief based upon violation of any of the provisions of this section 27(I). Section 2. The City Council specifically finds that an emergency exists as defined in Section 5.13 of the Home Rule Charter of the City of Wheat Ridge and failure to act as specified herein would result in damage to public and private properties within the City. Section 3. This Ordinance shall expire and cease to be effective at 12 midnight on March 8, 1985 or upon the taking effect of a regular ordinance containing substantially the provisions hereof, whichever occurs sooner. Section 4. 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 application to other persons or circumstances. Section 5. Safety Clause. The City Council of the City of Wheat Ridge hereby finds, determines, and declares that this is an Emergency Ordinance, promulgated pursuant to Section 5.13 of the Home Rule Charter of the City of Wheat Ridge and is necessary for the immediate preservation of the public property, health, peace, safety, and welfare. The City Council further determines that this ordinance bears a rational relation to the proper legislative object sought tc be attained. This ordinance was adopted by a vote of 6 to 2 on December 10 1984, and, pursuant to Section 5.13 of the Home Rule Charter of the City of Wheat Ridge, became effective at said date and time. SIGNED by the Mayor on this 10th day of December 1984. Frank Stites, Mayor ATTEST: L iL'~ Wanda Sang, City C,Ierk Publication : December Wheat Ridge Sentinel Effective Date: December Moratorium Ends: March 8, APPROVED AS TO FORM BY OFFICE OF CITY ATTORNEY: s r- Jonn E. Hayes 13, 1984 10, 1984 1985 midnight - 3 -