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HomeMy WebLinkAboutOrdinance-2000-1210 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WORTH Council Bill No 26 Ordinance No 1210 Series of 2000 TITLE. AN ORDINANCE AMENDING CHAPTER 15 OF THE WHEAT RIDGE CODE OF LAWS BY AMENDING SECTION 15-1, DEFINITIONS, ADDING SECTIONS 15-31 THROUGH 15-34 AND ADDING A NEW ARTICLE III, SECTIONS 15-40 THROUGH 15-46, ENTITLED "CLOSURE PROCEDURES FOR SPECIFIED CRIME PROPERTIES" WHEREAS, Section 31-15-401 (1 )(c),C RS authorizes the City to declare and abate public nuisances; and WHEREAS, Chapter 15 of the Code of Laws presently contains provisions related to nuisance abatement and enforcement; WHEREAS, the City Council wishes to amend Chapter 15 to address, abate and enforce nuisances arising out of criminal conduct occurring on private properties, and WHEREAS, the City Council finds and determines that "specified crime properties" pose a danger to the public health, safety, and general welfare of the citizens of Wheat Ridge and that amendments to Chapter 15 to abate such nuisances through closure procedures is necessary to protect the City's residents BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. Section 15-1, Definitions, of the Code of Laws is hereby amended by adding the following definitions to read "ABATE" SHALL MEAN TO BRING INTO COMPLIANCE, HALT, ELIMINATE OR REMEDY "PROSCRIBED ACT(S)" SHALL MEAN ANY ONE OF THE FOLLOWING (1) PROSTITUTION OR SOLICITATION OF PROSTITUTION, SECTIONS 16-201 AND 202, RESPECTIVELY, OF THIS CODE OF LAWS, (2) PROFESSIONAL GAMBLING, C RS. ~ 18-10-102(8), GAMBLING ON PREMISES, C RS ~ 18-10-102(7), (3) THE MANUFACTURE, CULTIVATION, GROWTH, PRODUCTION, PROCESSING, SALE, DISTRIBUTION, STORAGE OR USE, OR LCM\53027\353663.02 POSSESSION FOR ANY UNLAWFUL MANUFACTURE, SALE, DISTRIBUTION OR USE OF A CONTROLLED SUBSTANCE, C RS 918-18-405, EXCEPT FOR POSSESSION OF LESS THAN EIGHT OUNCES OF MARIJUANA, OR ANY IMITATION CONTROLLED SUBSTANCE, C RS 918-18-421, (4) FELONY OR MISDEMEANOR THEFT BY RECEIVING, C RS S 1 8-4-41 0, (5) UNLAWFUL MANUFACTURE, SALE, OR DISTRIBUTION OF DRUG PARAPHERNALIA, C.RS 918-18-429, (6) PROSTITUTION OF A CHILD, C.RS 918-7-401(7), SOLICITING FOR CHILD PROSTITUTION, C RS. 9 18-7-402, PANDERING OF A CHILD, C RS 918-7-403, KEEPING A PLACE OF CHILD PROSTITUTION, C.RS S 18-7-404, PIMPING A CHILD, C RS S 18-7-405, OR INDUCEMENT OF CHILD PROSTITUTION, CRS S18-7-4055, (7) SEXUAL EXPLOITATION OF CHILDREN, C RS 918-6-403, (8) THE ENGAGEMENT BY ANY ONE PERSON IN DISTURBING THE PEACE WITHIN THE MEANING OF CODE OF LAWS SECTIONS 16-101 - 110; (9) A VIOLATION OF ANY PROVISION OF THE COLORADO LIQUOR CODE (C.RS 912-47-101, ET SEQ.) OR THE COLORADO BEER CODE (C.RS S 12-46-101, ET SEQ), (10) A VIOLATION OF ANY PROVISION OF THE COLORADO ESCORT SERVICE CODE, C.RS S 12-255-101, ET SEQ., (11) A VIOLATION OF ANY PROVISION OF THE COLORADO MASSAGE PARLOR CODE, C RS S 12-485-101, ET SEQ, (12) ANY OFFENSE RELATING TO FIREARMS AND WEAPONS, AS DEFINED IN C RS 9S18-12-102, 18-12-1075, AND 18-12-109, (13) TO MAINTAIN, USE, RENT OR LEASE ANY PROPERTY OR SUBUNIT THEREOF INCLUDING SINGLE-FAMILY DWELLINGS, WHERE PEOPLE ARE ALLOWED TO CONGREGATE, GATHER, OR LOITER IN SUCH A MANNER AS TO DISTURB THE PEACE OF OTHER PERSONS LAWFULLY ON THE PROPERTY ITSELF OR LAWFULLY IN THE VICINITY OF THE PROPERTY, (14) TO MAINTAIN OR USE ANY BUILDING OR STRUCTURE WHICH SUBSTANTIALLY INJURES OR ENDANGERS THE COMFORT, HEALTH, REPOSE OR SAFETY OF THE PUBLIC BY REASON LCM\53027\35366302 -2- OF VANDALISM, INADEQUATE MAINTENANCE, ABANDONMENT OR OTHERWISE INCLUDING a VACANT, INADEQUATELY MAINTAINED, OR BOARDED UP BUILDINGS OR STRUCTURES LOCATED WITHIN 1,000 FEET OF A RESIDENTIAL ZONE DISTRICT WHICH DO NOT SHOW EVIDENCE OF CURRENT CONSTRUCTION OR REMODELING ACTIVITY, OR b VACANT BUILDINGS OR STRUCTURES, REGARDLESS OF PROXIMITY TO A RESIDENTIAL ZONE DISTRICT, WHICH ARE NOT SECURE AND TO WHICH ENTRY MAY BE MADE THROUGH OPENED OR UNLOCKED DOORS, WINDOWS OR OTHER OPENINGS, (15) TO MAINTAIN, USE, RENT OR LEASE ANY PROPERTY OR SUBUNIT THEREOF IN A MANNER OR CONDITION WHICH EXCEEDS THE OCCUPANCY LOAD OF THE PROPERTY OR SUBUNIT THEREOF OR OTHERWISE VIOLATES THE UNIFORM BUILDING CODE, AS ADOPTED AND AMENDED BY THE CITY; Section 2. Section 15-1, Definitions, of the Code of Laws is hereby amended by amending the following definition to read. "AGENT" SHALL MEAN ANY PERSON AUTHORIZED BY THE OWNER TO ACT AS A REPRESENTATIVE, TENANT OR MANAGER OF OWNER'S REAL PROPERTY Section 3. Section 15-9, Enforcement and Remedies, of the Code of Laws, is hereby amended by inserting "or Section 15-33" in subsection (b) to read: (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) OR SECTION 15-33' Section 4. Article III, Specified Nuisances, of Chapter 15 is hereby amended by adding the following Sections 15-31 through 15-34 to read. SEC. 15-31. NUISANCES INVOLVING PROSCRIBED ACTS. IT IS HEREBY DECLARED TO BE A PUBLIC NUISANCE AND SHALL BE UNLAWFUL FOR ANY OWNER OR AGENT (a) TO COMMIT, CONDUCT, PROMOTE, FACILITATE, ALLOW, FAIL TO PREVENT OR OTHERWISE LET HAPPEN ANY PROSCRIBED ACT, AS DEFINED IN SECTION 15-1 OF THIS CHAPTER, UPON THE OWNER'S PROPERTY SITUATED WITHIN THE LIMITS OF THE CITY LCM\53027\353663.02 -3- (b) FOR PURPOSES OF THIS SECTION, WHERE A PROSCRIBED ACT REFERENCES A SECTION CONTAINED WITHIN THE STATE STATUTES (C R S ), OR THE WHEAT RIDGE CODE OF LAWS, SAID ACTIVITY SHALL HAVE THE SAME DEFINITION AS CONTAINED WITHIN THE STATE STATUTES OR THE CODE OF LAWS BUT SHALL NOT REQUIRE THAT THE ACTIVITY WAS CHARGED OR PROSECUTED TO A FINAL JUDGMENT. SEC. 15-32. ABATEMENT PROCEDURES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN SECTIONS 15-33 AND 15-34, ABATEMENT AND ENFORCEMENT PROCEDURES FOR VIOLATIONS OF SECTION 15-30 SHALL BE IN ACCORDANCE WITH ARTICLE I OF THIS CHAPTER. SEC. 15-33. PRIOR NOTIFICATION. (a) AT LEAST FIFTEEN (15) DAYS PRIOR TO THE ISSUANCE OF A MUNICIPAL SUMMONS AND COMPLAINT FOR AN ALLEGED VIOLATION OF SECTION 15-31, THE CITY SHALL PROVIDE WRITTEN NOTICE IN ACCORDANCE WITH SECTION 15-5(b) & (c) OF THIS CHAPTER. SEC. 15-34. EFFECT OF ABATEMENT EFFORTS; DEFENSE TO ACTION. (a) IF AN OWNER OR AGENT IS LEASING THE PROPERTY TO ONE OR MORE TENANTS AND THE ALLEGED VIOLATION(S) UNDER SECTION 15-30 WAS COMMITTED BY ONE OR MORE OF THE TENANTS OR OCCUPANTS OF THE PROPERTY, IT SHALL BE A DEFENSE TO AN ACTION UNDER THIS ARTICLE THAT SAID PERSON HAS (i) EVICTED, OR ATTEMPTED TO EVICT BY COMMENCING AND PURSUING WITH DUE DILIGENCE APPROPRIATE COURT PROCEEDINGS, ALL OF THE TENANTS AND OCCUPANTS OF THE PROPERTY THAT COMMITTED SUCH VIOLATIONS THAT CONSTITUTE THE ALLEGED PUBLIC NUISANCE, AND (ii) HAS, CONSIDERING THE NATURE AND EXTENT OF THE SEPARATE VIOLATIONS, UNDERTAKEN AND PURSUED WITH DUE DILIGENCE REASONABLE MEANS TO AVOID A RECURRENCE OF SIMILAR VIOLATIONS ON THE PROPERTY BY THE PRESENT AND FUTURE TENANTS AND OCCUPANTS OF THE PROPERTY. (b) SUCH DEFENSE SHALL BE AN ABSOLUTE DEFENSE WHICH IS AVAILABLE TO THE OWNER OR AGENT ONLY AS TO THE FIRST LCM\53027\353663.02 -4- CAUSE OF ACTION BROUGHT BY THE CITY FOR ALLEGED VIOLATIONS OF SECTION 15-30 ANY SUBSEQUENT CAUSE OF ACTION ALLEGING A VIOLATION OF SECTION 15-30 SHALL NOT ENTITLE SUCH OWNER OR AGENT TO SAID DEFENSE Section 5. Article III, Reserved, of Chapter 15 is hereby amended to add the following Sections 15-40 through 15-46 to read ARTICLE III. CLOSURE PROCEDURES FOR PROPERTY CRIME PROPERTY SPECIFIED SEC. 15-40. DEFINITIONS. THE FOLLOWING WORDS, TERMS AND PHRASES, WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THIS SECTION, EXCEPT WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING' CHARGEABLE OFFENSE MEANS AN ACT OR OMISSION THAT CONSTITUTES ANY PROSCRIBED ACT AS DEFINED IN SECTION 15- 1 OF THIS CHAPTER. CHIEF OF POLICE INCLUDES ANY PERSON DESIGNATED BY THE POLICE CHIEF AS HIS OR HER DELEGATE IN THE ENFORCEMENT OF THIS ARTICLE. COURT MEANS THE CITY OF WHEAT RIDGE MUNICIPAL COURT KNOWLEDGE MEANS WHAT AN OBJECTIVE, REASONABLY CAUTIOUS PERSON WOULD HAVE KNOWN UNDER SIMILAR CIRCUMSTANCES PERSON MEANS ANY NATURAL PERSON, ASSOCIATION, PARTNERSHIP, OR CORPORATION CAPABLE OF OWNING OR USING PROPERTY IN THE CITY SPECIFIED CRIME PROPERTY MEANS ANY PROPERTY OR STRUCTURE WHEREIN FIVE (5) OR MORE CHARGEABLE OFFENSES INVOLVING ANY PROSCRIBED ACT AS DEFINED IN SECTION 15-1 OF THIS CHAPTER HAVE OCCURRED WITHIN A TWELVE MONTH PERIOD; PROVIDED, HOWEVER, THAT WITHIN FIFTEEN (15) DAYS OF EACH CHARGEABLE OFFENSE, EXCEPT THE FIFTH AND FINAL CHARGEABLE OFFENSE NEEDED TO PROVE THE EXISTENCE OF A SPECIFIED CRIME PROPERTY UNDER THIS ARTICLE, THE CITY HAS SENT NOTICE OF SUCH OFFENSE TO THE OWNER AND OCCUPANT IN ACCORDANCE WITH SECTION 15-33 LCM\53027\353663.02 -5- STRUCTURE MEANS ANY TYPE OF BUILDING, DWELLING, EDIFICE, ENCLOSURE, GARAGE, HOUSE, ROOM, SHED, SHOP, STORE, WAREHOUSE, OR UNIT THEREOF SEC. 15-41. SPECIFIED CRIME PROPERTY PROHIBITED. (a) IT IS UNLAWFUL FOR ANY STRUCTURE TO BE EMPLOYED OR USED AS SPECIFIED CRIME PROPERTY WITHIN THE CITY IF A STRUCTURE IS FOUND TO BE USED OR EMPLOYED IN VIOLATION OF THIS SECTION, IT IS SUBJECT TO CLOSURE FOR A PERIOD OF UP TO ONE YEAR. (b) IT IS UNLAWFUL FOR ANY PERSON TO EMPLOY, USE, OR MAINTAIN, OR MAKE AVAILABLE OR ALLOW THE EMPLOYMENT, USE, OR MAINTENANCE OF STRUCTURES AS SPECIFIED CRIME PROPERTY WITHIN THE CITY ANY PERSON WHO FAILS TO VOLUNTARILY CEASE THE USE OR OCCUPANCY OF A STRUCTURE AS REQUIRED BY THIS ARTICLE MAY BE REMOVED PURSUANT TO A COURT ORDER AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD BEFORE THE COURT SEC. 15-42. CLOSURE PROCEDURE. (a) WHEN THE CHIEF OF POLICE BELIEVES THAT A STRUCTURE IS BEING EMPLOYED, USED, OR MAINTAINED IN VIOLATION OF SECTION 15-41, THE CHIEF OF POLICE MAY COMMENCE PROCEEDINGS TO CAUSE THE CLOSURE OF THE STRUCTURE. EXCEPT IN CASES BROUGHT PURSUANT TO SECTION 15-45, THE CHIEF OF POLICE SHALL. (1) NOTIFY THE OWNER OF RECORD IN WRITING THAT THE STRUCTURE HAS BEEN DETERMINED TO BE SPECIFIED CRIME PROPERTY. THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION. a. THE STREET ADDRESS OR A LEGAL DESCRIPTION SUFFICIENT FOR IDENTIFICATION OF THE PREMISES ON WHICH THE STRUCTURE IS LOCATED b A STATEMENT THAT THE CHIEF OF POLICE HAS FOUND THE STRUCTURE TO BE IN VIOLATION OF THIS ARTICLE WITH A CONCISE DESCRIPTION OF THE CONDITIONS LEADING TO HIS OR HER FINDINGS. (2) CAUSE A COpy OF THE NOTICE TO BE SERVED ON THE OWNER OR HIS OR HER AGENT AT LEAST TEN DAYS PRIOR TO THE COMMENCEMENT OF ANY JUDICIAL ACTION BY THE CITY SERVICE SHALL BE MADE EITHER PERSONALLY OR LCM\53027\35366302 -6- BY MAILING A COpy OF THE NOTICE BY CERTIFIED MAIL, POSTAGE PREPAID, WITH RETURN RECEIPT REQUESTED, TO THE PERSON AT HIS OR HER ADDRESS AS IT APPEARS ON THE LAST TAX ASSESSMENT OR AS MAY BE OTHERWISE KNOWN TO THE CHIEF OF POLICE. (3) CAUSE A COpy OF THE NOTICE TO BE SERVED IN PERSON OR BY CERTIFIED MAIL, POSTAGE PREPAID, WITH RETURN RECEIPT REQUESTED TO THE OCCUPANT OF THE STRUCTURE NOT LESS THAN TEN DAYS TO THE COMMENCEMENT OF ANY JUDICIAL PROCEEDING (4) CAUSE A COpy OF THE NOTICE TO BE POSTED UPON THE PROPERTY NOT LESS THAN TEN DAYS PRIOR TO THE COMMENCEMENT OF ANY JUDICIAL PROCEEDINGS (b) THE FAILURE OF ANY PERSON OR OWNER TO RECEIVE ACTUAL NOTICE OF THE DETERMINATION BY THE CHIEF OF POLICE SHALL NOT INVALIDATE OR OTHERWISE AFFECT THE PROCEEDINGS UNDER THIS ARTICLE (c) AFTER ISSUANCE OF A NOTICE AS PROVIDED IN THIS SECTION, THE CITY MAY COMMENCE CIVIL PROCEEDINGS IN COURT SEEKING THE CLOSURE OF THE STRUCTURE AS WELL AS THE IMPOSITION OF CIVIL PENALTIES AGAINST ANY OR ALL THE OWNERS THEREOF AND ANY SUCH OTHER RELIEF AS MAY BE DEEMED APPROPRIATE NO FEES SHALL BE ASSESSED FOR FILING PLEADINGS IN CONNECTION WITH THE ENFORCEMENT OF THIS ARTICLE SEC. 15-43. ENFORCEMENT OF CLOSURE ORDER; COSTS; CIVIL PENALTY. (a) IF A COURT FINDS THAT A STRUCTURE CONSTITUTES SPECIFIED CRIME PROPERTY AS DEFINED IN THIS ARTICLE, THE COURT MAY ORDER THAT IT SHALL BE CLOSED FOR A PERIOD OF TIME NOT TO EXCEED ONE YEAR, PROVIDED THAT THE FOLLOWING MINIMUM STANDARDS MAY APPLY' (1) FOR THE FIRST CLOSURE ORDER APPLICABLE TO THE PROPERTY, A MINIMUM OF ONE MONTH; (2) FOR THE SECOND CLOSURE ORDER APPLICABLE TO A PROPERTY, A MINIMUM OF TWO MONTHS; THE COURT SHALL ALSO ORDER THAT THE OWNER PAY TO THE CITY A CIVIL PENALTY OF $500, AND IN ADDITION, IN THE DISCRETION OF THE COURT, A FURTHER CIVIL LCM\53027\353663.02 -7- PENALTY OF $50 00 FOR EACH DAY THE OWNER HAD KNOWLEDGE OF ACTIVITIES OR CONDITIONS AT THE STRUCTURE CONSTITUTING A VIOLATION OF THIS ARTICLE (b) THE COURT MAY ALSO AUTHORIZE THE CITY TO PHYSICALLY SECURE THE STRUCTURE AGAINST USE OR OCCUPANCY IF THE OWNER FAILS TO DO SO WITHIN THE TIME SPECIFIED BY THE COURT IF THE CITY IS AUTHORIZED TO SECURE THE PROPERTY, ALL COSTS REASONABLY INCURRED BY THE CITY TO EFFECT A CLOSURE SHALL BE MADE AN ASSESSMENT LIEN UPON THE PROPERTY. AS USED IN THIS SUBSECTION, THE TERM "COSTS" MEANS THOSE COSTS ACTUALLY INCURRED BY THE CITY FOR THE PHYSICAL SECURING OF THE STRUCTURE THE DEPARTMENT OF PLANNING AND DEVELOPMENT SHALL PREPARE A STATEMENT OF COSTS TO BE USED FOR THE LABOR AND MATERIALS LIENS IMPOSED BY THIS ARTICLE SHALL BE COLLECTED IN ALL RESPECTS AS PROPERTY TAXES (c) ANY PERSON WHO IS ASSESSED THE COSTS OF CLOSURE OR A CIVIL PENALTY BY THE COURT SHALL BE PERSONALLY LIABLE FOR THE PAYMENT THEREOF TO THE CITY (d) THE OWNER MAY APPLY TO THE COURT AT ANY TIME FOR RELIEF FROM SUCH CLOSURE ORDER AND JUDGMENT AS PROVIDED BY SECTION 15-46 SEC. 15-44. COMMENCEMENT OF ACTIONS; BURDENS OF PROOF; DEFENSES; MITIGATION OF CIVIL PENAL TV. (a) EXCEPT IN A PROCEEDING UNDER SECTION 15-45 (EMERGENCY CLOSURES), IF AFTER THE COMMENCEMENT BUT PRIOR TO THE TRIAL BROUGHT BY THE CITY PURSUANT TO THIS ARTICLE AN OWNER SPECIFICALLY STIPULATES TO ABATEMENT OF THE CONDITIONS GIVING RISE TO THE VIOLATION, THE CITY MAY AGREE TO STAY THE PROCEEDINGS THE CITY MAY SEEK RELIEF FROM ANY STAYED PROCEEDINGS WHERE THE OWNER FAILS TO PROCEED WITH ABATEMENT AS STIPULATED (b) IN AN ACTION SEEKING THE CLOSURE OF A PROPERTY OR STRUCTURE AS SPECIFIED CRIME PROPERTY, THE CITY SHALL HAVE THE INITIAL BURDEN OF PROOF TO SHOW BY A PREPONDERANCE OF THE EVIDENCE THAT THE PROPERTY OR STRUCTURE IS A SPECIFIED CRIME PROPERTY (c) IN AN ACTION SEEKING CIVIL PENALTIES FROM AN OWNER, THE CITY SHALL HAVE THE INITIAL BURDEN OF PROOF TO SHOW LCM\53027\353663.02 -8- BY A PREPONDERANCE OF THE EVIDENCE THAT THE OWNER HAD KNOWLEDGE OF ACTIVITIES OR CONDITIONS AT THE PROPERTY OR STRUCTURE CONSTITUTING A VIOLATION OF THIS ARTICLE (d) IN ESTABLISHING THE AMOUNT OF ANY CIVIL PENALTY, THE COURT SHALL CONSIDER ANY OF THE FOllOWING FACTORS, AS THEY MAY BE APPROPRIATE, AND SHALL CITE THOSE FOUND APPLICABLE (1) THE ACTIONS TAKEN BY THE OWNER TO MITIGATE OR CORRECT THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY, (2) THE FINANCIAL CONDITION OF THE OWNER, (3) THE MAGNITUDE OR GRAVITY OF THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY, (4) THE ECONOMIC OR FINANCIAL BENEFIT ACCRUING OR LIKELY TO ACCRUE TO THE OWNER AS A RESULT OF THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY, (5) THE COOPERATIVENESS OF THE OWNER WITH THE CITY, (6) THE COST TO THE CITY OF INVESTIGATING AND CORRECTING OR ATTEMPTING TO CORRECT THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY; AND (7) ANY OTHER FACTOR DEEMED BY THE COURT TO BE RELEVANT SEC. 15-45. CLOSURE DURING PENDENCY OF ACTION; EMERGENCY CLOSURES. IF IT IS DETERMINED THAT THE PROPERTY OR STRUCTURE IS AN IMMEDIATE THREAT TO THE PUBLIC SAFETY AND WELFARE, THE CITY MAY APPLY TO THE COURT FOR SUCH IMMEDIATE EX PARTE INTERIM RELIEF THAT IS DEEMED APPROPRIATE WITHOUT PRIOR NOTIFICATION PURSUANT TO SECTION 15-42(A). THE COURT SHALL ORDER THE FORTHWITH SERVICE OF THE NORMAL PLEADINGS TOGETHER WITH A COPY OF EMERGENCY ORDER. LCM\53027\353663.02 -9- SEC. 15-46. RELIEF FROM CLOSURE ORDER. (a) AN OWNER OF A PROPERTY OR STRUCTURE DETERMINED TO BE SPECIFIED CRIME PROPERTY MAY OBTAIN RELIEF FROM THE COURT'S JUDGMENT IF THE OWNER. (1) APPEARS AND PAYS ALL COSTS ASSOCIATED WITH THE PROCEEDINGS UNDER THIS ARTICLE, (2) FILES A BOND IN SUCH A PLACE AND ON SUCH FORM AS THE COURT MAY BY ORDER DIRECT IN AN AMOUNT NOT LESS THAN THE TAX-ASSESSED VALUE OF THE PROPERTY OR STRUCTURE AND KEEPS THE BOND IN FORCE FOR A PERIOD OF NOT LESS THAN ONE YEAR OR FOR SUCH LONGER PERIOD AS THE COURT DIRECTS, AND (3) ENTERS INTO A STIPULATION WITH THE CITY THAT THE OWNER WILL IMMEDIATELY ABATE THE CONDITIONS GIVING RISE TO THE SPECIFIED CRIME PROPERTY AND WILL UNDERTAKE AND PURSUE WITH DUE DILIGENCE REASONABLE MEANS TO AVOID AND PREVENT SUCH UNLAWFUL CONDITIONS FROM BEING ESTABLISHED OR MAINTAINED THEREAFTER. THE STIPULATION SHALL BE MADE PART OF THE COURT'S FILE. (b) IF THE OWNER VIOLATES THE TERMS OF THE STIPULATION, THE CITY MAY THEREAFTER APPLY TO THE COURT FOR AN ORDER AWARDING UP TO THE ENTIRE AMOUNT OF THE BOND TO THE CITY AS A PENALTY AS WELL AS SUCH OTHER RELIEF, INCLUDING CLOSURE FOR ANY ADDITIONAL PERIOD OF UP TO ONE YEAR, THAT IS DEEMED BY THE COURT TO BE APPROPRIATE 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 proper legislative object sought to be attained Section 7. Severability; Conflicting Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed LCM\53027\35366302 -10- Section 8. Effectiye Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of B to o on this 25th day of September , 2000, 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 October 23 , 2000, at 700 o'clock pm, 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 5 to 3 ,this 23rd day of October , 2000 . SIGNED by the Mayor on this 26th day of October ,2000 /' '" " {. LL . . (/ . . u. '., . ;0.. . I,. {( , :(.'( G- ',-'.1. Grefchen Cerveny, Mayor -' ATTEST .- , "' \ " \ \ . "--- -) .' \ \ Wanda Sang, City Clerk ,j .- First Publication September 29, 2000 Second Publication November 3, 2000 Wheat Ridge Transcript Effective Date: November 13, 2000 LCM\53027\35366302 -11-