Loading...
HomeMy WebLinkAboutOrdinance-1994-0984 INTRODUCED BY COUNCIL MEMBER SOLANO Council Bill No. 76 ORDINANCE NO. 984 Series of 1994 TITLE: AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, PERTAINING TO HOUSING CODES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Chapter 5. Buildings and Building Regulations is hereby amended by the addition of the following new Section 5-83 which adopts the Uniform Housing Code, 1994 Edition, with revisions: SECTION 5-83. Uniform Housing Code. (a) Adopted. The Uniform Housing code, 1994 Edition, copyright 1994, by the International Conference of Building Officials is hereby adopted by reference and incorporated into this Article as though fully set forth herein as the City of Wheat Ridge Housing Code. Three (3) copies of said Uniform Housing code shall be filed in the office of the City Clerk and may be inspected during regular hours. Except as otherwise provided hereafter, such Code is adopted in full, including the table of contents and index contained therein. (b) Amendments. The Housing Code adopted by this section is hereby amended as follows (section numbers referred to herein refer to and respond with the section numbers of the Uniform Housing Code): Section 102 - PURPOSE, is hereby amended to read as follows: The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the use and occupancy, location and maintenance of all residential buildings and structures within this jurisdiction. WHILE ALL RESIDENTIAL STRUCTURES ARE SUBJECT TO THE PROVISIONS STATED HEREIN, IT IS THE STATED INTENT TO PRO- ACTIVELY ENFORCE THESE PROVISIONS ONLY FOR MULTIFAMILY RESIDENTIAL BUILDINGS, AND TO ENFORCE THESE PROVISIONS FOR ONE AND TWO-FAMILY DWELLINGS PRIMARILY BASED UPON SPECIFIC V AUD COMPLAINTS RECEIVED. Ordinance No. 984 Series of 1994 Page 2 The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. Section 201.3 - Responsibilities Defined. is hereby amended by the addition of the following sentence at the end of this subsection 201.3 to read as follows: FOR THE PURPOSE OF THIS CODE, THE TERM "HEALTH OFFICER" SHALL MEAN THE BUILDING OFFICIAL. Section 203.1 General. is hereby amended to read as follows: 203.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a housing advisory and appeals board consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. THE BUILDING CODE ADVISORY BOARD SHALL BE THE HOUSING ADVISORY AND APPEALS BOARD AND SHALL ASSUME THE DUTIES AND AUTHORITY AS SET FORTH HEREIN. The board shall adopt rules and procedures for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this code. Copies of all rules of procedure adopted by the board shall be delivered to the building official, who shall make them accessible to the public. Section 201 - GENERAL. is hereby amended by the addition of a new Subsection 201.4 Complaint Procedures, to read as follows: 201.4 COMPLAINT PROCEDURES. THE BUILDING OFFICIAL WILL RESPOND TO COMPLAINTS OF POSSIBLE VIOLATION OF THIS CODE BY TENANTS OF RESIDENTIAL RENTAL PROPERTY BASED UPON THE FOLLOWING PROCEDURES: 1. COMPLAINTS SHALL BE WRmEN, LISTING SPECIFIC VIOLATIONS, AND BE SIGNED BY THE TENANT, WITH ADDRESS AND TELEPHONE NUMBER OF BOTH TENANT AND OWNER INCLUDED. Ordinance No. ~ Series of 1994 Page 3 2. THE COMPLAINANT MUST INCLUDE EVIDENCE OR A STATEMENT THAT THE TENANT HAS PREVIOUSLY NOTIFIED THE OWNER OF THE SPECIFIC VIOLATIONS AND THAT THE OWNER HAS NOT CORRECTED SUCH VIOLATIONS WITHIN A REASONABLE TIME PERIOD. 3. THE COMPLAINANT HAS PROVIDED A COPY OF THE WRmEN COMPLAINT TO THE OWNER PRIOR TO SUBMmlNG IT TO THE CITY. IT IS THE EXPRESSED POLICY OF THE CITY OF WHEAT RIDGE TO NOT SERVE AS AN ARBITER IN TENANTjlANDLORD DISPUTES, BUT ONLY TO ENFORCE THIS CODE WHEN NECESSARY TO ACHIEVE THE STATED PURPOSES HEREOF. Section 2. 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 3. 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 judged by a court of competent jurisdiction invalid, such judgement shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 4. This ordinance shall take effect _January 1, 1995. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to --L on this 14th day of November , 1994, 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 December 12 , 1994, at 7:00 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 -L to~, this 12th day of December ,1994. Ordinance No. 984 Series of 1994 Page 4 SIGNED by the Mayor on this ---1llhday of December ,1994. P0 Wanda Sang, ~~ DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY }ir:;{! 00 -, ~ '< ~'J., ! Y&&.'L ' KATHRYN SCHROEDER, CITY ATTORNEY 1 st Publication: November 24, 1994 2nd Publication: December 22, 1994 Wheat Ridge Sentinel Effective Date: January 1, 1995 c:\wp60\ord\housing.ord