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HomeMy WebLinkAboutOrdinance-1989-0800INTRODUCED BY COUNCILMEMBER DAVIS Ordinance No. 800 Series of 1989 TITLE: AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE (1989) TO ALLOW CIVIL ENFORCEMENT IN THE WHEAT RIDGE MUNICIPAL COURT FOR THE BUILDING CODE, THE NUISANCE ORDINANCE, THE FLOOD PLAIN ORDINANCE, THE SIGN CODE, THE SUBDIVISION REGULATIONS, AND THE ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 5-5 of the Code of Laws of the City of Wheat Ridge (effective June 1, 1989) is hereby repealed and reenacted as follows: Sec. 5-5. Enforcement and Remedies. (a) Civil Actions. When an alleged violation of this chapter has not been voluntarily abated within the time specified in the notice issued pursuant to section 2-34: (1) The City may bring a civil action in the Municipal Court to have the violation declared as such by the Court and to have the court enjoin the violation or to authorize its restraint, removal, termination or abatement by the owner, agent, occupant or person who caused the violation or the person who allowed the violation to continue, or by the Mayor, the Director of Planning and Development, or the Chief of Police or their designated representatives. (2) The civil action to declare and abate a violation of this chapter shall be brought in the name of the City of Wheat Ridge by filing a complaint, which shall be verified or supported by an affidavit. Summons and subpoena shall be issued and served as in civil cases. Any employee or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a summons and verified complaint upon the owner, agent, occupant or the person who caused or allowed the violation (hereinafter "respondent"), or a subpoena upon any witness to the violation. Trial shall be to the Court. (3) A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty-one (21) days from the date of service of the summons and complaint, The respondent shall file a response or answer on or before the appearance date specified in the notice of appearance. The trial shall be held upon the appearance date, unless the Court grants a continuance for good cause shown. No case shall be continued for more than sixty (60) days after the appearance date. (4) Upon the date and time specified for appearance and trial, if the respondent has filed no response and fails to appear and if the City proves that proper service was made on respondent at least twenty-one (21) days prior to the appearance date, the Court may grant such orders as are requested by the City; except that, the Court shall order the enforcement by the City be stayed for ten (10) days and that a copy of the Court's order be mailed to the respondent at his last known address. Failure to appear on any date set for hearing and trial shall be grounds for entering a default and default judgment against the non-appearing party. Prior to enforcement, and upon good cause shown, the Court may set aside an entry of default and the default judgment entered thereon. (5) Any disobedience to or interference with any injunction or order issued by the Municipal Court in an action to abate a violation of this chapter of the Wheat Ridge Code of Laws may be punished as a contempt of court or by a fine not to exceed nine hundred ninety-nine dollars ($999.00). Each day's failure to comply with an injunction or order to abate shall constitute a separate act of contempt for which an additional penalty may be imposed. (6) To the extent necessary to facilitate just, speedy, informal and inexpensive determinations of claims, the Court may use the Colorado Rules of Civil Procedure as a guideline for civil procedures in Municipal Court. The judgment of the Municipal Court may be appealed to the District Court of Jefferson County. (7) In any case in which the City prevails in a civil action initiated pursuant to this subsection (a), the City may recover its reasonable costs of abating the violation, including reasonable costs of litigation, plus fifteen percent (15%) in administrative costs; plus costs may be assessed against the subject property pursuant to sections 16-13-313 and 16-13-314, Colorado Revised Statutes 2 (as amended). The remedies specified in this subsection (a) shall be in addition to all other remedies provided by law. (b) Criminal Actions. When an alleged violation of this chapter has not been voluntarily abated within the time specified in the notice issued pursuant to section 2-34: (1) The City may bring a Municipal Court to have such by the Court and sentence pursuant to s owner, agent, occupant violation or the person to continue. criminal action in the the violation declared as to have the Court impose ection 5-5(b) (3) upon the or person who caused the who allowed the violation (2) The criminal action to declare a violation of this chapter shall be brought in the name of the People of the State of Colorado by serving a copy of the summons and complaint upon the alleged violator (hereinafter "defendant") and filing the original with the Court. Summons and Complaint and subpoena shall be served as in criminal actions. Any employee or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a summons and complaint upon the defendant or a subpoena upon any witness to the violation. (3) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction of such violation, shall be subject to a fine not to exceed nine hundred ninety-nine dollars ($999.00), or imprisonment not to exceed one hundred eighty (180) days, or both such fine and imprisonment; provided however, that no person under the age of eighteen (18) years shall be subject to imprisonment for a violation of this chapter. (c) Other remedies. The remedies set forth herein are cumulative. In the event any building, structure or utility is erected, constructed, reconstructed, altered, repaired, converted, demolished, moved or maintained, or any building, structure or utility is used, in violation of this chapter, the City or any proper city official may institute any other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or occupancy to restrain, correct or abate such violation, or to prevent the occupancy of such building, structure or land. The initiation of any action or the imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any other appropriate action or proceeding to require compliance 3 with the provisions of this chapter and with administrative orders and determinations made hereunder. Section 2. Section 15-9 of the Code of Laws of the City of Wheat Ridge (effective June 1, 1989) is hereby repealed and reenacted as follows: Sec. 15-9. Enforcement and Remedies (a) Civil Actions. When an alleged violation of this chapter has not been voluntarily abated within the time specified in the notice issued pursuant to section 15-5(a): (1) The City may bring an action in the Municipal Court to have the nuisance declared as such by the Court and for an order enjoining the public nuisance or authorizing its restraint, removal, termination or abatement by the owner, agent, occupant or the person who caused the nuisance or the person who allowed it to continue, or by the Mayor, The Director of Planning and Development, or the Chief of Police or their designated representatives. (2) The action to declare and abate a public nuisance shall be brought in the name of the City of Wheat Ridge by filing a complaint, which shall be verified or supported by an affidavit. Summonses and subpoenas shall be issued and served as in civil cases, and any employee or agent of the City of Wheat Ridge, who is over the age of eighteen (18) may serve the summons and verified complaint upon the owner, agent, occupant or the person who caused the nuisance or allowed it to continue (hereafter "respondent") , or a subpoena upon any witness to the nuisance. Trial shall be to the Court. (3) A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty-one (21) days from the date of service of the summons and complaint. The respondent shall file a response or answer on or before the appearance date specified in the notice of appearance. The trial shall be held upon the appearance date, unless the Court grants a continuance for good cause shown. No case shall be continued for more than sixty (60) days after the appearance date. (4) Upon the date and time specified for appearance and trial, if the respondent has filed no response and fails to appear and if the City proves that proper service was made on the respondent at least twenty- 4 one (21) days prior to the appearance date, the Court may grant such orders as are requested by the City; except that, the Court shall order that enforcement by the City be stayed for ten (10) days and that a copy of the Court's order be mailed to the respondent at his last known address. Failure to appear on any date set for trial shall be grounds for entering a default and default judgment thereon against a nonappearing party. Prior to enforcement and for good cause shown, the Court may set aside an entry of default and the default judgment entered thereon. (5) Any disobedience to or interference with any injunction or order issued by the Municipal Court in an action to abate a public nuisance may be punished as a contempt of court or by a fine not to exceed nine hundred ninety-nine dollars ($999.00). Each day's failure to comply with an injunction or order to abate shall constitute a separate act of contempt for which an additional penalty may be imposed. (6) To the extent necessary to facilitate the just, speedy, informal and inexpensive determination of claims, the Court may use the Colorado Rules of Civil Procedure as a guideline for civil procedures in Municipal Court. The judgment of the municipal court may be appealed to the District Court of Jefferson County. (7) In any case in which the City prevails in a civil action initiated pursuant to this subsection (a), the City may recover its reasonable costs of abating the violation, including reasonable attorney fees and costs of litigation, plus fifteen percent (15%) in administrative costs; such costs may be assessed against the respondent and become a lien against the subject property pursuant to sections 16-13-313 and 16-13-314; Colorado Revised Statutes (as amended). The remedies specified in this subsection (a) shall be in addition to all other remedies provided by law. (b) Criminal Actions. When an alleged violation of this chapter has not been voluntarily abated within the time specified in the notice issued pursuant to section 15-5(a): (1) The City may bring a criminal action in the Municipal court to have the nuisance declared as such by the Court and to have the Court impose sentence pursuant to section 15-9(b)(3) upon the 5 owner, agent, occupant or person who caused the nuisance or the person who allowed the nuisance to continue. (2) The criminal action to declare a violation of this chapter shall be brought in the name of the People of the State of Colorado by serving a copy of the summons and complaint upon the alleged violator (hereinafter "defendant") and filing the original with the Court. Summons and Complaint and subpoena shall be served as in criminal actions. Any employee or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a summons and complaint upon the defendant or a subpoena upon any witness to the violation. (3) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction of such violation, shall be subject to a fine not to exceed nine hundred ninety-nine dollars ($999.00), or imprisonment not to exceed one hundred eighty (180) days, or both such fine and imprisonment; provided however, that no person under the age of eighteen (18) years shall be subject to imprisonment for a violation of this chapter. (c) Other remedies. The remedies set forth herein are cumulative. The initiation of any action or the imposition of any penalty hereunder shall not preclude the City or any proper City official from instituting any other proceeding to require compliance with the provisions of this chapter and with any administrative orders and determinations made hereunder. No provision herein shall be construed to limit or abrogate the right of any person to bring a private action to abate a private nuisance. Section 3. Section 26-2 of the Code of Laws of the City of Wheat Ridge (effective June 1, 1989) is hereby added as follows: Sec. 26-2. Enforcement and Remedies. (a) Notwithstanding section 26-1 of this chapter, the violations, enforcements, penalties and remedies provisions of all the ordinances referenced in section 26-1 are hereby supplemented, superceded and controlled by this section to the extent of any inconsistency. (b) Civil Actions. When an alleged violation of the zoning ordinance, the floodplain ordinance, the subdivision regulations or the sign code has not been voluntarily abated within the time specified in the notice issued pursuant to section 2-34: 6 (1) The City may bring a civil action in the Municipal Court to have the violation declared as such by the Court and to have the court enjoin the violation or to authorize its restraint, removal, termination or abatement by the owner, agent, occupant or person who caused the violation or the person who allowed the violation to continue, or by the Mayor, the Director of Planning and Development, or the Chief of Police or their designated representatives. (2) The civil action to declare and abate a violation of such ordinances shall be brought in the name of the City of Wheat Ridge by filing a complaint, which shall be verified or supported by an affidavit. Summons and subpoena shall be issued and served as in civil cases. Any employee or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a summons and verified complaint upon the owner, agent, occupant or the person who caused or allowed the violation (hereinafter "respondent"), or a subpoena upon any witness to the violation. Trial shall be to the Court. (3) A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty-one (21) days from the date of service of the summons and complaint, The respondent shall file a response or answer on or before the appearance date specified in the notice of appearance. The trial shall be held upon the appearance date, unless the Court grants a continuance for good cause shown. No case shall be continued for more than sixty (60) days after the appearance date. (4) Upon the date and time specified for appearance and trial, if the respondent has filed no response and fails to appear and if the City proves that proper service was made on respondent at least twenty-one (21) days prior to the appearance date, the Court may grant such orders as are requested by the City; except that, the Court shall order the enforcement by the City be stayed for ten (10) days and that a copy of the Court's order be mailed to the respondent at his last known address. Failure to appear on any date set for hearing and trial shall be grounds for entering a default and default judgment against the non-appearing party. Prior to enforcement, and upon good cause shown, the Court may set aside an entry of default and the judgment entered thereon. 7 (5) Any disobedience to or interference with any injunction or order issued by the Municipal Court in an action to abate a violation of such ordinance of the Wheat Ridge Code of Laws may be punished as a contempt of court or by a fine not to exceed nine hundred ninety-nine dollars ($999.00). Each day's failure to comply with an injunction or order to abate shall constitute a separate act of contempt for which an additional penalty may be imposed. (6) To the extent necessary to facilitate just, speedy, informal and inexpensive determinations of claims, the Court may use the Colorado Rules of Civil Procedure as a guideline for civil procedures in Municipal Court. The judgment of the Municipal Court may be appealed to the District Court of Jefferson County. (7) In any case in which the City prevails in a civil action initiated pursuant to the is subsection (a), the City may recover its reasonable costs of abating the violation, including reasonable attorney fees and costs of litigation, plus fifteen percent (15%) in administrative costs; such costs may be assessed against the respondent and become a lien against the subject property pursuant to sections 16-13-313 and 16-13-314, Colorado Revised Statutes (as amended). The remedies specified in this subsection (a) shall be in addition to all other remedies provided by law. (c) Criminal Actions. When an alleged violation of the zoning ordinance, the flood plain ordinance, the subdivision ordinance, or the sign code has not been voluntarily abated within the time specified in the notice issued pursuant to section 2-34: (1) The City may bring a criminal action in the Municipal court to have the violation declared as such by the Court and to have the court impose sentence pursuant to section 26-2(c)(3) upon the owner, agent, occupant or person who caused the violation or the person who allowed the violation to continue. (2) The criminal action to declare a violation of such ordinances shall be brought in the name of the People of the State of Colorado by serving a copy of the summons and complaint upon the alleged violator (hereinafter "defendant") and filing the original with the Court. Summons and Complaint and subpoena shall be served as in criminal actions. Any employee or agent of the City of Wheat Ridge who 8 is over the age of eighteen (18) may serve a summons and complaint upon the defendant or a subpoena upon any witness to the violation. (3) Any person violating any of the provisions of such ordinances shall be guilty of a misdemeanor and, upon conviction of such violation, shall be subject to a fine not to exceed nine hundred ninety-nine dollars ($999.00), or imprisonment not to exceed one hundred eighty (180) days, or both such fine and imprisonment; provided however, that no person under the age of eighteen (18) years shall be subject to imprisonment for a violation of this chapter. (d) other remedies. The remedies set forth herein in this section are cumulative. In the event any building, structure or utility is erected, constructed, reconstructed, altered, repaired, converted, demolished, moved or maintained, or any building, structure or utility is used, in violation of the ordinances controlled by this section, the City or any proper person may institute any other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or occupancy to restrain, correct or abate such violation, or to prevent the occupancy of such building, structure or land. The initiation of any action or the imposition of any penalty under this section shall not preclude the City or any proper city official from instituting any other appropriate action or proceeding to require compliance with the provisions of such ordinance and with administrative orders and determinations made hereunder. Section 7. 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 application to other persons or circumstances. Section S. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. the City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 9. This ordinance shall become effective 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of June , 1989, in the 9 ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, July 10 , 1989, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 10th day of July , 1989. SIGNED by the Mayor on this llthday of 1989. Dan Wilde, Mayor ATTEST: Wanda Sang, City C- erk APPROVED AS TO FORM BY OFFICE OF C~ ATTORNEY John, Hayes, 'City; Attorney l 1st Publication: June 29, 1989 2nd Publication: July 13, 1989 Wheat Ridge Sent inel: Effective Date: July 28, 1989 10