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HomeMy WebLinkAboutOrdinance-1990-0838 INTRODUCED BY COUNCILMEMBER BROUGHAM Ordinance No. 838 Series of 1990 TITLE: AN ORDINANCE AMENDING THE PROVISIONS OF SECTIONS 5-5 AND 15-9 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO ENFORCEMENT AND REMEDIES IN THE EVENT OF VIOLATIONS OF THE PROVISIONS OF CHAPTER 5, BUILDING AND BUILDING REGULATIONS, AND CHAPTER 15, NUISANCES, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE. 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 is hereby amended by repealing the provisions of Section 5-5(a) (6) and reenacting the same as follows: Sec. 5-5. Enforcement and Remedies. (a) civil Actions. (6) 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 amended hereafter 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 5 is sought. In the event of any discrepancy between any of the provisions of Chapter 5 and those applicable rules of County Court civil Procedure, or Rule 65 of the Colorado Rules of civil Procedure, adopted hereby, the provisions of Chapter 5 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 the Municipal Court shall not conflict with or contradict the authority of the City to pursue civil enforcement for violations of the provisions of this Chapter 5. section 2. section 5-5(c) of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: (c) Other Remedies. The remedies set forth herein are cumulative. In case of violation of any of the provisions of any of the Technical Codes adopted pursuant to Article III of Chapter 5, enforcement may be had pursuant to the provisions of this section 5-5 or any specific provisions of any such Technical Codes as are currently in effect within the city. section Wheat Ridge subsection. 3. section 5-5 of the Code of Laws of the City of is hereby amended by adding thereto the following 5-5(d) Cumulative Remedies. (d) Cumulative 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 with the provisions of this chapter and with administrative orders and determinations made hereunder. section 4. section l5-9(a) (6) of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 15-9. Enforcement and Remedies. (a) civil Actions. (6) 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 amended hereafter 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 2 Rule 65 of the Colorado Rules of civil Procedure in all cases wherein civil enforcement of the provisions of Chapter 15 is sought. In the event of any discrepancy between any of the provisions of Chapter 15 and those applicable rules of County Court civil Procedure, or Rule 65 of the Colorado Rules of civil Procedure, adopted hereby, the provisions of Chapter 15 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 the Municipal Court shall not conflict with or contradict the authority of the City to pursue civil enforcement for violations of the provisions of this Chapter 15. section 5. 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 6. Safetv 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 property legislative object sought to be attained. section 7. This ordinance shall become effective 15 day(s} after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 25th day of June , 1990, 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 23 , 1990, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, reading by a vote of July AND ORDERED PUBLISHED on 8 to 0 this 23rd 1990. second and day of final 3 SIGNED by the Mayor on this 24th 1990. day of July ~~ Dan Wilde, Mayor ATTEST: I ~)l, ~,[~-L/v ~)/.--l " . J Wanda Sang, City C~}rk APPROVED AS TO FORM BY OFFICE OF C"ITY .~TORNEY ! - i -:7 / ~ John E. Hayes, City 1st Publication: July 4, 1990 ,/ 2nd Publication: August 1, 1990 ApplewoodjWheat Ridge Transcript: Effective Date: August 16, 1990 4 -- ----