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HomeMy WebLinkAboutOrdinance-1991-0873 INTRODUCED BY COUNCILMEMBER FLASCO Ordinance No. 873 Series of 1991 TITLE: AN ORDINANCE AMENDING SECTIONS 2-34, 15-5, AND 15-9 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE PROVIDING THAT THE ISSUANCE OF NOTICES TO ABATE NUISANCES IS A MATTER IN THE DISCRETION OF THE CITY'S CODE ENFORCEMENT OFFICERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 2-34 (b) Issuance of Notice to Abate Nuisance or Violation. of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: (b) Issuance of Notice to Abate Nuisance or Violation. It is hereby declared by the City Council to be the policy of the City to encourage compliance with all provisions of this Code of Laws for the purpose of insuring the protection of the public health, safety and welfare. According, notwithstanding any other provisions of this Code to the contrary, authority is hereby granted to the Code Enforcement Officers identified in subsection (a) hereof, upon their detection or discovery of a violation of this Code, or any of the sections specified in subsection (a) hereof, or of the existence of a nuisance within the City, and in the Code Enforcement Officer's sole discretion, to issue a notice to abate said violation or nuisance to the person responsible. The discretionary issuance of such a notice to abate shall not constitute a summons and complaint, and no criminal liability shall attach as a result of such service, and such discretionary issuance of such notice to abate is not a prerequisite to the issuance of a summons and complaint. Section 2. Section 15-5(a) of the Code of Laws of the city of Wheat Ridge is hereby repealed and reenacted as follows: 15-5(a). Notice to Abate. The authorized inspector, upon the discovery of any nuisance on public or private property in the City, may, in the exercise of the discretion of the authorized inspector as set forth in Section 2-34(b) of this Code of Laws, notify the owner or occupant of such property in writing, requiring the owner or occupant of the property to remove and abate from the property the thing or things therein described as a nuisance within the time specified in the notice; provided, however, that no notice to abate shall be required in the event the authorized inspector discovers an eminent danger of damage or injury to or loss of life, limb, property or health. Ord. No. 873 Page -2- (1) For any nuisance which does not threaten eminent danger of damage or injury, and for which a discretionary notice to abate has been issued, the reasonable time for abatement shall not exceed seven days unless it appears from the facts and circumstances that compliance could not reasonably be made within seven days or that a good faith attempt at compliance is being made. (2) In furtherance of the City's policy of encouraging both the abatement of nuisances and compliance with the provisions of this Code, any person who has received a notice to abate or who has been served a summons and complaint for a violation of any of the provisions of this Chapter shall be notified in writing by the Mayor, the city Administrator, or their designee, that in the event the violation cited in the notice to abate and/or summons and complaint is abated within the time provided in subsection (1), cancellation of the notice to abate or dismissal from the municipal court of the summons and complaint may occur. (3) If the owner or occupant shall fail to comply with the requirements for a period longer than named in any notice to abate which is issued in the discretion of the authorized inspector, the Mayor or the city Administrator shall proceed to have the nuisance described in the notice removed or abated from the property described in the notice without delay; and the Mayor or the City Administrator shall have the authority to call for any necessary assistance. (4) In no event shall it be a requirement that a notice to abate be issued prior to issuance of a summons and complaint. section 3. section 15-9(a) of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: 15-9(a). civil Actions. When an alleged violation of this Chapter has not been abated within the time specified in any notice to abate issued pursuant to section 15-5(a): section 4. section 15-9(b) of the Code of Laws of the city of Wheat Ridge is hereby repealed and reenacted as follows: 15-9(b). Criminal Actions. When an alleged violation of this Chapter has not been abated within the time specified in any notice issued pursuant to section 15-5(a): 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. 873 Page -3- Ord. No. section 6. 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 property legislative object sought to be attained. section 7. This ordinance shall become effective one day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 12th day of Auqust , 1991, 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, September 9. , 1991, 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 September AND ORDERED 8 to , 1991. PUBLISHED o this on 9th second and day of final SIGNED by the Mayor on this 1991. 10th day of September &-~~~ Dan Wilde, Mayor ATTEST: J. " .utcA.. --.tlO-;c< Wanda Sang, City cl rk 1st Publication: August 21, 1991 2nd Publication: September 18, 1991 Wheat Ridge sentinel Effective Date: September 19, 1991