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HomeMy WebLinkAboutOrdinance-1990-0823 INTRODUCED BY COUNCILMEMBER Shanley ORDINANCE NO. 823 Series of 1990 TITLE: AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, HEREAFTER REFERRED TO AS THE ZONING CODE OF THE CITY OF WHEAT RIDGE, AND PROVIDING FOR THE ALTERNATIVE ENFORCEMENT METHODS OF CIVIL ENFORCEMENT FOR VIOLATIONS OF SAID CODE, OR CRIMINAL ENFORCEMENT, INCLUDING PENALTIES TO BE ASSESSED THEREUNDER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section I. Chapter 26 of the Code of Laws of the City of Wheat Ridge, Article I. Zoning Code is hereby enacted as follows, which such Article I. Incorporates and replaces the existing Wheat Ridge Code of Laws, Appendix A. Zoning Ordinance: Chapter 26. Zoning and Land Use Regulations. Article I. Zoning Code Section 26-l. Name of Code. The provisions of Article I of Chapter 26 of the code of Laws of the City of Wheat Ridge, including Sections 26-1 through 26-l99 inclusive, thereof, shall hereinafter be known as the Zoning Code of the City of Wheat Ridge, Colorado. Section 26-2. Intent and Purpose. The intent and purpose of the Zoning Code of the City of Wheat Ridge is to encourage the most appropriate use of land throughout the City to ensure a logical growth of the various physical elements of the City; to lessen congestion in the streets, and to facilitate the adequate provision of transportation within and through the City; to secure safety from fire, panic, and other dangers; to provide adequate light and air to the residents, structures and properties within the City; to improve housing standards; to conserve property values; to facilitate adequate provisions for water, sewage, schools, parks and other public improvements; to protect against poor or inadequate drainage or flood conditions and poor geologic conditions; and in general to promote the health, safety, and welfare of the citizens and residents of the City of Wheat Ridge. The regulations contained within this Zoning Code shall be made and enforced with reasonable consideration, among other things, as to the character of each zone district and its specific suitability for particular uses, and with a view to encouraging the most appropriate uses of land within the City. -2- It is the intent and purpose of the Zoning Code of the City of Wheat Ridge, and each section thereof, to protect property values, to preserve neighborhoods, and to protect private property from adjacent nuisances such as noise and excessive traffic. Certain uses are not compatible in close proximity to each other, and therefore regulations have been developed to mitigate certain elements of incompatibility and districts have been created to segregate uses which are generally incompatible. It is further the intent of this Zoning Code to preserve the right of citizens to participate in the making of decisions which affect their properties, while preserving, to the maximum lawful extent, the legislative and quasi-judicial discretion of the elected representatives of the City of Wheat Ridge. Section 26-37. Severability. If any part or parts of this Zoning Code are for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Zoning Code. The city council hereby declares that it would have passed this Zoning Code and each part or parts thereof, irrespective of the fact that anyone part or parts be declared invalid or unconstitutional. Section 2. Chapter 26 of the Code of Laws of the City of Wheat Ridge, Article I. Zoning Code is hereby amended by the repeal of existing Appendix A. Zoning Ordinance Sections 31., 32., 33., 34., 35., 36., and 37., and the enactment of the following sections: Section 26-35. Interpretation of Zoning Code. In interpreting and applying the provisions of this Zoning Code, said provisions shall be held to be the minimum requirements for the promotion of public health, safety, morals, convenience, order, prosperity and general welfare. It is not intended by this Zoning Code to interfere with or abrogate or annul any easements, covenants, or agreements between parties; provided, however, that wherever this Zoning Code imposes a greater restriction upon the use of buildings or land or upon the location or height of buildings or structures or required larger open spaces about buildings than are imposed or required by other laws, regulations or by easements, covenants or agreements between parties, the provisions of this Zoning Code shall govern. Any use not specifically enumerated as a permitted use, an accessory use, a conditional use, or a Special Use within their respective categories of use, shall be deemed to be prohibited within that category of use, unless interpreted by the Zoning Administrator or Board of Adjustment otherwise. -3- Section 26-36. Violation and Penalty. Any person, firm or corporation, partnership, or any other entity of whatever description violating any regulation or provision of this Article I of Chapter 26 of the Code of Laws of the City of Wheat Ridge shall be in violation of said Article I of Chapter 26, and shall be subject to the provisions and/or penalties set forth in Article V of this Section 26. Section 26-38. Application of Zoning Code. This Zoning Code shall apply throughout the municipality of Wheat Ridge. Section 3. Chapter 26 of the Code of Laws of the City of Wheat Ridge is hereby amended by adding thereto the following Article V. Violations and Penalties: ARTICLE V. VIOLATIONS AND PENALTIES Section 26-500. Violations. Any person, firm or corporation, partnership, or other entity of whatever description violating any regulation or provision of any of the Sections of Chapter 26 of this Code of Laws shall be guilty of a violation of said Chapter 26, and shall be subject to the enforcement provisions hereof. Section 26-501. Civil Enforcement. Whenever an alleged violation of any of the provisions of Section 26, including any of the provisions of Article I, II, III, or IV, thereof has not been voluntarily abated within the time specified in the notice issued pursuant to Section 2-34 of this Code of Laws: (A) 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. (B) The civil action to declare and abate a violation of the 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 -4- 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. (C) A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty-one (2l) 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. (D) 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 (lO) 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 and entry of default and the default judgment entered thereon. (E) 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. (F) In order to facilitate just, speedy, informal, and inexpensive determinations of claims, the Court shall follow the Rules of County Court Civil Procedure, as presently adopted and as hereinafter amended from time to time, excepting Rules 302, 313, 338, 339, 347, 348, 350, 351, 351.1, 359(c)(2), 365, 383, 398, 402, 403, 404, and 406 thereof, and shall further utilize and follow the provisions of Rule 65 of the Colorado Rules of Civil Procedure in all cases wherein civil enforcement of the provisions of Chapter 26 is sought. In the event of any discrepancy between any of the provisions of Chapter 26 and those -5- applicable Rules of County Court Civil Procedure, or Rule 65 of the Colorado Rules of Civil Procedure, adopted hereby, the provisions of Chapter 26 shall prevail and be applied. The right is expressly reserved and delegated to the presiding judge of the Wheat Ridge Municipal Court to adopt Rules of Procedure for the Wheat Ridge Municipal Court, which Rules shall be applicable in any civil enforcement action brought by the City, provided, however, that said Rules of Procedure adopted and promulgated by the presiding judge of this court shall not conflict with or contradict the authority of the City to pursue civil endorcement for violations of the provisions of this Chapter 26. (G) 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 (l5%) in administrative costs; plus costs may be assessed against the subject property pursuant to sections l6-l3-313 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. Section 26-502. Criminal Actions and Penalty. When an alleged violation of any of the provisions of this Chapter 26, including any of the provisions of Articles I, II, III, or IV hereof, has not been voluntarily abated within the time specified in the notice issued pursuant to sections 2-34 of this Code of Laws: (A) 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 26-502(C) hereof upon the owner, agent, occupant or person who caused the violation or the person who allowed the violation to continue. (B) 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 (l8) may serve a summons and complaint upon the defendant or a subpoena upon any witness to the violation. Such -6- criminal action shall be prosecuted pursuant to the Colorado Municipal Court Rules. (C) 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. Section 26-503. Other remedies. The remedies set forth herein in this Article V 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 property person from instituting any other appropriate action or proceeding to require compliance with the provisions of this chapter and with administrative orders and determinations made hereunder. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. 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. -7- Section 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 7. This ordinance shall take effect final publication. 15 days after INTRODUCED, READ, AND ~ on this 12th day of in full in a newspaper Wheat Ridge and Public set for February 26 Council Chambers, 7500 ADOPTED on first ready by a vote of ~ to February , 1990, ordered published of general circulation in the City of Hearing and consideration on final passage , 1990, at 7:30 o'clock p.m., in the West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED by a vote of 1990. AND ORDERED PUBLISHED on second and final reading 8 to 0 ,this 26th day of February SIGNED by the Mayor on this 27th day of February , 1990. II -/ Wanda S~~~: City cl~ik ~~ DAN WILDE, MAYOR APPROVED AS ATTORNEY JOHN 1st Publication: February 15, 1990 2nd Publication: March 1. 1990 Wheat Ridge Sentinel Effective Date: March 16. 1990 ./