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HomeMy WebLinkAbout02 - ADMINISTRATION ~. e . e . Chapter 2 ADMlNISTRATlON* Article I. In General Description and adoption of official emblem. Organization chart. Fiscal year; budget contains appropriations; no contract to exceed appropriation. No-damages-for-delay clauses in public works contracts. Disposition of unclaimed property. Authority for levy and collection of unpaid charges, assessments or taxes. Sees. 2-7-2-20. Reserved. Sec. 2-l. Sec. 2-2. Sec. 2-3. Sec. 2-4. Sec. 2-5. Sec. 2-6. Article IL Officers and Employees Generslly Sec. 2-21. Power and duties of mayor. Sec. 2-22. Duties of city clerk. Sec. 2-23. Duties of treasurer. Sec. 2-24. Duties of city attorney. Sec. 2-25. Duties of presiding judge. Sec. 2-26. Duties of city manager. Sec. 2-27. Reserved, Sec. 2-28. Duties of administrative personnel assistant. Sec. 2-29. Duties of director of parks and recreation. Sec. 2-30. Duties of chief of police. Sec. 2-31. Duties of director of public works. Sec. 2-32. Duties of director of planning and development. Sec. 2-33. Duties of animal-park enforcement officers. Sec., 2-34. Code enforcement. Sec. 2-35. City historian. Sees. 2-36-2-50. ReserVed. Sec. 2-51. See. 2-52. Sec. 2-53. Article IT. Boards and Commissions Definitions. Establishment. Qualifications of members; appointment and term; removal; vacancies. Administration. Personnel commission. Animal welfare and control commission. Parks and recreation commission. Arborist board. Building code advisory board. Planning commission. Board of adjustment. Civil service commission. Sec. 2-54. Sec. 2-55. Sec. 2-56. Sec. 2-57. Sec. 2-58. Sec. 2-59. Sec. 2-60. Sec. 2-61. Sec. 2-62. *State law references-Home rule powers, Col. Const.-Art. XX, ~ 6; powers of cities generally, C:R.S. ~ 31-15-101 et seq. Supp. No. 22 151 . e . e . ADMINISTRATION u-a ARTICLE I. IN GENERAL Sec. 2-1. Description and adoption of offi- cial emblem. An emblem and the design, consisting of two (2) concentric circles, the inner circle containing a design of mountains, the outer circle containing the words "City of Wheat Ridge," whether by line drawing in black and white or colored, and as designed by Eron Johnson, be and is hereby adopted as the official emblem for the city. (Code 1977, ~ 1-8) State law reference-City seal, C.R.S. * 31-4-110(2). See. 2.2. Organization chart. The organizational chart, as amended from time to time, on file in the office of the city clerk, is adopted as the organizational plan of the city. (Code 1977, ~ 2-2.1) Sec. 2-3. Fiscal year; budget contains appro- priations; no contract to exceed appropriation. (a) Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31. (b) Budget contains appropriations. The city council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by the city council of each fiscal year's budget, levels of authorized expenditures from the fup.ds indicated within the annual budget itself and/or the adopting resolu- tion shall constitute the appropriation of the amounts specified therein for the purposes speci- fied therein. During the course of each fiscal year, approval by the city council of contracts for goods or services, and/or approval of bids for the provi- sion of specified goods or services, shall likewise constitute appropriations of the amounts speci- fied therein for the purposes specified therein. (c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the city shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, involves the expenditure of money for any Supp. No. 19 of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or writ- ten, made in violation of the provisions of this section shall be void as to the city and no city monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropria- tion in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the city. Further, nothing contained in this section shall prevent the making of contracts for govern- mental services or for capital outlay for a period exceeding one (1) year if such contracts are other- wise allowed by the Home Rule Charter of the city; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in suc- ceeding fiscal years. (e) Notice to parties contracting with the city. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section_ The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifi- cally in all public works bid documents and con- tracts; and shall be incorporated into, and spe- cially noted within, all other contracts entered into by or on behalf of the city wherein city fup.ds are used to pay for said contract. (f) A compensation schedule for all regular employees of the city will be annually established and included as an appendix in the annual budget and adopted by the city council in the exercise of its legislative discretion. In accordance with prin- ciples of public accountability, specifically that employees should not be paid for time not worked due to the need to be accountable to the city's taxpayers for expenditures of city fup.ds, unclas- sified employees' pay will be reduced when partial days of annual leave, sick leave, or holiday leave 153 ~ 2-3 WHEAT RIDGE CITY CODE are used by the employee when no accrued annual leave, sick leave, holiday leave, or compensatory time is available. (g) For fiscal 1990, and for each succeeding year until this section is revoked or amended by the city council, and subject to the limitations set forth herein, the city administrator shall prepare and submit to the city council for its consideration and action a budget wherein salary ranges, and the placement of individual employees therein, shall be adjusted to reflect the upward or down- ward changes in~the cost ofliving, as reflected and measured by the United States Bureau of Labor Statistics Consumer Price Index for all Denver urban consumers, with the position of said index on January 1, 1989, constituting the basis for adjustment. (g) Notwithstanding the provisions of para- graph (g), the city council retains the sole and exclusive legislative and budgeting discretion to appropriate such funds as it deems proper to provide for the adjustments contemplated in para- graph (g). The provisions of paragraph (g) do not constitute, and shall not be construed to consti- tute, promise or imply, an entitlement to a cost of living adjustment in any year, unless and until the city council appropriates funds as a part of its normal and lawful budgeting process to provide therefor. (Ord. No. 1989c787, ~ 1(2-2), 4-14-89; 1997-1071, H 1-3, 3-24-97) Editor's note--<Jrdinance No. 1989-787, ~ 1, adopted April 10, 1989, amended Ch. 2 by adding provisions desig- nated as ~ 2-2. At the discretion of city, these provisions have been redesignated as ~ 2-3. Sec. 2.4. No-damages-for-delay clauses in public works contracts. (a) The city may, by contract, require the con- tractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion ofthe work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. Supp. No. 19 (b) The city council, by this ordinance (Ordi- nance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursu- ant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code~ of Laws of the City of Wheat Ridge, Colorado. (Ord. No. 1989-812, ~ 1, 12-15-89) Sec. 2-5. Disposition of unclaimed property. (a) Purpose. The purpose of this section is to provide for the administration and disposition of unclaimed property which is in the possession of or under the control of the municipality. (b) Definitions. Unless otherwise required by context or use, words and terms shall be defined as follows: (1) Unclaimed property means any tangible or intangible property, including any in- come or increment derived therefrom, less any lawful charges, that is held by or under the control of the municipality and which has not been claimed by its owner for a period of more than two (2) years after it became payable or distributable. For purposes of this section, "unclaimed property" shall not mean lost, abandoned, stolen or confiscated personal property as provided in article Iv, chapter 19 of this Code. The disposition oflost, abandoned, stolen or confiscated personal property shall be governed by the provisions con- tained in article Iv, chapter 19, notwith- standing the provisions of this section. (2) Municipality means the City of Wheat Ridge, Colorado. (3) Owner means a person or entity, includ- ing a corporation, partnership, associa- tion, governmental entity other than the municipality, or a duly authorized legal representative or successor in interest of same, which owns unclaimed property held by the municipality. 154 . e . . . I I . e . e . ADMINISTRATION ~ 2-6 (c) Procedure for disposition of property: (1) Prior to disposition of any unclaimed prop- erty, the city clerk shall cause a notice to be published in a newspaper of general circulation in the municipality. In addi- tion, the city clerk shall send a written notice by certified mail, return receipt requested, to the last known address, if any, of any owner of unclaimed property. The last known address of the owner shall be the last address of the owner as shown by the records of the municipal depart- ment or agency holding the property. Each such notice shall include a description of the property, the amount or estimated value ofthe property and, when available, the purpose for which the property was deposited or otherwise held. Each such notice shall state where the owner may make inquiry of or claim the property. Each such 'notice shall also state that if the owner fails to provide the city clerk with a written claim for the return of the property within sixty (60) days of the date of the notice, the property shall become the sole property of the municipality and any claim of the owner to such property shall be deemed forfeited. (2) If the city clerk receives no written claim within the above sixty-day claim period, the property shall become the sole prop- erty of the muuicipality and any claim of the owner to such property shall be deemed forfeited. (3) If the city clerk receives a written claim within the sixty-day claim period, the city manager shall evaluate the claim. and give written notice to the city clerk and the claimant within ninety (90) days thereof that the claim has been accepted or de- nied in whole or in part. The city manager may request further supporting documen- tation from the claimant prior to disburs- ing or refusing to disburse the property. (4) In the event that there is more than one claimant for the same property, the city manager may, at the city manager's op- tion, resolve such claims or may resolve Supp. No. 22 such claims by depositing the disputed property with the registry of the District Court in an interpleader action. (5) In the event that all claims filed are deuied, the property shall become the sole property of the municipality and any claim of the owner of such property shall be deemed forfeited. (6) Any legal action filed challenging a deci- sion of the city manager shall be filed pursuant to Rule 106 of the Colorado Rules of Civil Procedure within thirty (30) days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the city manager pursuant to the order of the court having jurisdiction over such claim_ (7) The city manager is authorized to estab- lish and administer procedures for the administration and disposition of un- claimed property consistent with this sec- tion, including compliance requirements for other municipal officers and employ- ees in the identification and disposition of such property. (Ord_ No. 1992-903, ~ 1, 9-14-92; Ord. No_ 1998- 1144, ~ 1, 12-14-98) Sec. 2-6. Authority for levy and collection of unpaid charges, assessments or taxes. The amount of any charge, assessment or tax due and owing to the city, whether arising as a consequence of unpaid charges or fees; emergency or other utility repairs; unpaid charges or assess- ments for removal of trash, garbage, junk, debris, or materials as described in chapter 20 of the Code of Laws; unpaid charges for removal, prun- ing, ~or other control of materials described in chapter 24 of the Code of Laws, impoundment, confinement or treatment of animals as provided for in chapter 4 ofthe Code of Laws, abatement of nuisances or dangerous buildings; unpaid obliga- tions arising under site improvement agreements or property development agreements; or any other charge, assessment, tax or fee assessed by the city under any provision of this Code of Laws, shall be a lien upon the property served until the same is 155 ~ 2-6 WHEAT RIDGE CODE paid_ In case offailure to pay said charge, the city clerk may certify the charge or charges to the Jefferson county treasurer and said charge or charges shall become a lien on the real property so served and shalL be collected In the same manner as though they were a part of the taxes assessed against said property together with a ten (10) percent penalty to defray the cost of collection_ All laws of the State of Colorado for the assessment and collection of general taxes, includ- ing the laws for the sale of property for taxes and redemption of the same, shall apply. (Ord. No. 1998-1128, S 1, 7-27-98) Sees. 2-7-2-20. Reserved. ARTICLE ll. OFFICERS AND EMPLOYEES GENERALLY* Sec. 2-21. Power and duties of mayor. (a) The mayor shall be the recognized head of the city government for all legal and ceremonial purposes_ All contracts in writing binding the city, all conveyances of interests in land by the city, and any other documents requiring his signature shall be signed by the mayor (or person acting as mayor). (b) The mayor shall be the elected chief exec- utive officer of the city. The mayor shall be respon- sible for the efficient administration of all affairs of the city placed in his or her charge. (c) The mayor shall be a conservator of the peace, and in emergencies may exercise within the city the powers conferred by the state gover- nor for the purposes of military law, and shall have the authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances of the city and to suppress riot and disorder. Except as may be required by stat- ute, the mayor shall exercise such other powers as the council shall confer upon him. "'Charter reference-Officers and employees generally, g 3.1 et seq. Cross references-Elections, Ch. 7; police, Ch. 19; city arborist, ~ 24-1. Supp. No. 22 (d) The mayor shall have the power to veto any ordinance passed by the council ill accordance with the procedure set forth in section 5.14 of the charter. The mayor shall also preside over city council meetings. (Code 1977, S 2-3; Ord. No. 1998-1144, S 2, 12-14- 98) Charter reference-Similar provisions, g 3-2. Sec. 2-22. Duties of city clerk. (a) The city clerk shall be the clerk of the council and shall attend all meetings of the coun- cil and shall keep a permanent journal of its proceedings. (b) The city clerk shall be the custodian of the seal of the city and shall affix it to all documents and instruments requiring the seal and shall attest the same. He shall also be custodian of all papers, documents and records pertaining to the city, the custody of which is not otherwise pro- vided for. (c) The city clerk shall certify by his signature, all ordinances and resolutions enacted or passed by council. (d) The city clerk shall provide and maintain in his office a supply of forms for all petitions required to be filed for any purpose by the provi- sions of the charter or by ordinance enacted by the city. (e) The city clerk shall have power to admin- ister oaths of office. (f) The city clerk shall be the chairperson of the election commission. (g) The city clerk shall publish all notices, proceedings, and other matters required to be published. (h) The city clerk shall supervise the staff under his jurisdiction. (i) The city clerk shall perform such other duties as may be prescribed by the charter or by ordinance. (Code 1977, S 2-4)eCharter reference-Similar provisions, 9 3.8. 156 . e . e . . e . e . ADMINISTRATION ~ 2.26 Sec. 2-23. Duties of treasurer. (a) It shall be the treasurer's responsibility to establish a system of accounting and auditing for the city which shall reflect, in accordance with generally accepted accounting principles, the fi- nancial condition and operation of the city. (b) The treasurer shall be custodian of all public monies belonging to or under the control of the city, or any office, department, or agency of the city, and shall deposit or invest all monies as directed by the council. All interest earnings shall be the property of the city and shall be accounted for and credited to the proper city fund. (c) The treasurer shall collect, receive, and disburse on proper authorization, all monies re- ceivable by the city and all other monies for which the city is responsible for holding in trust. (d) The treasurer shall supervise the staff un- der his jurisdiction_ (e) The treasurer shall perform all other duties as may be required by ordinance. Charter reference-Similar provisions, ~ 3.10. . Sec. 2.24. Duties of city attorney. (a) The city attorney shall be the legal repre- sentative of the city and shall represent the city in all cases and in all courts. The city attorney shall act as legal adviser to the council and other city officials in matters relating to their official pow- ers or duties when requested and shall provide a copy of any written opinion to the city clerk. (b) The city attorney shall also perform such other duties as the council may prescribe by ordinance or resolution. (Code 1977, S 2-6) Charter reference--Similar provisions, ~ 8.1. See. 2.25. Duties of presiding judge. The presiding judge of the municipal court shall have the following duties, in addition to presiding in municipal court: (1) He shall formulate and amend the local rules of the court with the approval of the Colorado Supreme Court. (2) He shall supervise all court personnel. Supp. No. 22 (3) He shall submit a yearly budget request to the council for the proper functioning of the court. (Code 1977, S 2-7) Charter reference-Similar provisions, ~ 8.4. State law reference-Municipal judges, C.R.S. ~ 13.10- 105 et seq. Sec. 2-26. Duties of city manager. (a) The city manager is responsible to the council for the operation of the city and may be dismissed by the council should it determine that such removal is in the best interest of the city. (b) The duties of the city manager shall in- clude, but not be limited to, the following: (1) Be responsible for the enforcement ofthe laws and ordinances of the city; (2) Hire, suspend, transfer and remove city department heads, who serve under the jurisdiction, and at the will of, the city manager; (3) Make appointments of subordinates on the basis of merit and fitness; (4) Cause a proposed budget to be prepared annually and submitted to the council and be responsible for the administration of the budget after its adoption; (5) During the month of July, and as often as the council may require, prepare and sub- mit to the council a budget status and forecast report with any recommenda- tions for remedial action; (6) Prepare and submit to the council, as of the end of the fiscal year, a complete report on finances and administrative ac- tivities of the city for the preceding year and, upon the request of the council, make written or verbal reports at any time concerning the affairs of the city under his supervision; (7) Keep the council advised of the financial condition and future needs of the city and make such recommendations to the coun- cil for adoption as he may deem necessary or expedient; 157 ~ 2-26 WHEAT RIDGE CODE (8) Exercise supervision and control over all departments under his jurisdiction; (9) Be responsible for the enforcement of all terms and conditions imposed in favor of the city in any contract or public utility franchise, and upon knowledge of any violation thereof, report the same to the council for such action and proceedings as may be necessary to enforce the same; (10) Provide for engineering, architectural, maintenance, and construction service re- quired by the city; (11) Attend council meetings and participate in discussions with the council in an ad- visory capacity; (12) Perform such other duties as may be prescribed by this Charter, by ordinance or required of him by council and which are not inconsistent with this Charter. (Code 1977, S 2-8; Ord. No. 865, S 3(B), 6-24-91; Ord. No. 1996-1038, S 1, 7-22-96; Ord. No. 1998- 1144,-S 1, 12-14-98) Charter reference-Similar provisions, ~ 3.4. Sec. 2-27. Reserved. Editor'. note-Ord. No. 1997-1099, adopted Oct. 27,1997 repealed former ~ 2-27, which pertained to the duties of the editor of finance; and derived from Code 1977, ~ 2-9. Sec. 2.28. Duties of administrative person- nel assistant. The personnel assistant works under the im- mediate supervision of the city manager in: (1) Managing all personnel functions re- quired to carry out a comprehensive per- sonnel program, including position classi- fication, recruitment, testing and preparing certification of candidates for various po- sitions; conducting training and safety programs and the administration of fringe benefit programs. (2) Maintaining permanent personnel files and providing the treasurer with work and assignment data as it affects pay. (3) Assembling and publishing monthly and annual activity reports. Supp. No. 22 (4) Assisting the civil service and personnel commission with their work. (5) Handling special administrative matters assigned by the city manager, including the drafting or ordinances pertaining to personnel matters. (Code 1977, S 2-10; Ord. No. 1998-1144, S 4, 12-14-98) Sec. 2-29. Duties of director of parks and recreation. . The director of parks and recreation works under the immediate supervision of the city man- ager to perform the following functions; (1) Administration of all aspects of the park system and recreation programs. (2) Proposing and maintaining a long-range city park and recreation/open space plan working in cooperation with other city departments. (3) Providing advice and gnidance at city council, arborist board and park and rec- reation commission meetings, when re- quired, in matters relating to the depart- ment. (4) Preparing plans and related documents and information for the acquisition and construction of parks and recreation facil- ities. (5) Maintaining all city parks and grounds as assigned to the department in an aes- thetic and functional manner. (6) Providing an adequate recreation pro- gram to service all residents of the city. (7) Collecting reasonable charges or making requirements for reasonable refundable deposits, for expendable crafts materials or recreation equipment, for electric power and other utilities used by special groups for the use and/or reservation Qf specific park areas of recreation facilities in accor- dance with schedules and policies ap- proved and adopted by the city council. (8) Recommending on the acceptance of do- nations ofland, property, equipment, cash 158 . e . e . . e . e . ADMINISTRATION ~ 2-31 (9) and labor for park and recreation pur- poses; keeping a full account and record of all such donations. Recommending agreements with school, county, state, other governmentaljurisdic- tions and private parties for the develop- ment and use of properties for park and recreation. (10) In cooperation with the police department and in accordance with city council po- lices, enforcing rules and regulations on use and conduct in the parks and recre- ation facilities, including the scheduling and reservation of special facilities. (11) Recommending contracts concerning the operation of concessions, recreation facil- itiesand programs that the department finds are in the best interests of the city. (12) Preparing grant applications and support- ing data as directed and administrating county, state and federal grants-in-aid for the development of park and recreation facilities. (13) Assisting and advising on various city beautification programs. (14) Preparing and justifying the annual parks and recreation budget ~and administering all funds appropriated for the depart- ment. (Code 1977, g 2-11; Ord. No. 1998-1144, g 5, 12-14-98) Cross reference-Parks and recreation, Ch. 17. Sec. 2-30. Duties of chief of police. The chief of police works under immediate supervision of the city manager to perform the following functions: (1) Maintaining law and order, protecting life and property. (2) Directing and controlling traffic. (3) Investigating and apprehending law vio- lators and maintaining of police records. (4) Regulating and inspecting required li- censes. Supp. No. 22 Cooperating with other law enforcement agencies. Coordinating with all groups and govern- mental units on law enforcement matters_ Preparing drafts of proposed regulatory ordinances and laws regarding public safety and enforcement of laws. (8) Preparing and justifying the annual bud- get for law enforcement services. (5) (6) (7) (9) Preparing studies relating to public safety and providing input to traffic engineering and planning. (10) Conducting crime prevention programs. (11) Providing a member to the police pension board. (12) Directing the animal control program. (13) Prepariilg law enforcement assistance grant applications and administering grant funds. (14) Working with the civil service commission on hiring and disciplinary procedures. (15) Providing central dispatching services for fire district and police vehicles. (Code 1977, g 2-12; Ord. No. 1998-1144, g 6, 12-14-98) Cross reference-Police, Ch. 19. Sec. 2-31. Duties of director of public works. The director of public works under the imme- diate supervision of the city manager to perform the following functions: (1) Planning, organizing, supervising and per- forming of professional engineering in the design and construction of streets, traffic signals, sidewalks, curb and gutter, drain- age systems, bridges, culverts and other city structures and coordination of utility construction programs. (2) Preparing estimates and contract specifi- cations and provisions for city-contracted construction work. (3) Providing coordination and consultation regarding all proposed construction projects affecting the city. 158.1 ~ 2-31 WHEAT RIDGE CODE (4) Supplying details relating to fonnation, construction and assessments associated with special public improvement districts. (5) Reviewing and approving deeds, property descriptions, subdivision plans and pre- paring specifications for public works im- provements in subdivision development including the inspection and acceptance of such work. (6) Maintaining of map files and related records and surveying as required to main- tain an accurate inventory of city prop- erty. (7) Perfonning engineering services for other city departments when requested. (8) Recommending and approving design, ma- terials and processes proposed in connec- tion with major repairs and new construc- tion. (9) Preparation of supporting data as re- quired to support highway users tax funds when needed by the city treasurer. (10) Preparing traffic-control studies, plan- ning, design and installation. (11) Maintaining of all city vehicles and other motorized equipment. (12) Planning, organizing and directing the maintenance, repair and cleaning of city streets and rights-of-way and relating fa- cilities, including stonn drainage, alleys, gutters, parkways and miscellaneous nonpark public property. (13) Supervising street-lighting programs and installations. (14) Making or directing field inspections of all municipal construction and repair work and issuing pennits for same, as applica- ble. (15) Preparing and justifYing the budget of the public works department. (Code 1977, g 2-13; Ord. No. 1998-1144, g 7, 12-14-98) Cross reference-Streets and sidewalks, Ch. 21. Supp. No. 22 Sec. 2-32. Duties of director of planning and development. The director of planning and development works under the immediate supervision ofthe city man- ager to perfonn the following functions: (1) Providing professional advice and guid- ance to the city council and planning commission on all matters relating to plan- ning and zoning. (2) Providing professional advice and guid- ance to the board of adjustment. (3) Presenting the findings and decisions of the city planning commission to the city council. (4) Reviewing and checking of all matters relating to proposed annexations and mak- ing recommendations thereto. (5) Reviewing and checking subdivision plans in preliminary and final fonn and assign- ing addresses in platted and unplatted areas. (6) In coordination with the city engineer, reviewing all matters relating to city streets, easements, rights-of-way and changes of street names and preparing infonnation for any required ordinances relating thereto. (7) Reviewing all rezoning applications, both in the city and within the city planning area and making recommendations to the city planning commission relating thereto. (8) Reviewing and processing all petitions relating to assigned functions. (9) Preparing and presenting special commis- sion and task force reports. (10) Developing and maintaining the city com- prehensive plan. (11) Developing city long-range planning, in- cluding land-use planning, physical devel- opment of the city and community, and developing and implementing state and federal grant programs relating to as- signed functions. (12) Maintenance of files and a library as required to support all functions and to 158.2 . e . e . . e . e . ADMINISTRATION ~ 2-33 provide prompt assistance to both public and private agencies and individuals con- cerned with physical development of the city and area. (13) Inspecting all new construction in the city, including additions to structures. (14) Checking the plans for building construc- tion. (15) Providing public information on building safety and construction regulations. (16) Checking the quality of construction ma- terial. (17) Determining the qualification of contrac- tors for licenses and advising the mayor on the issuance of such licenses. (18) Organizing and directing the city's code enforcement program to include nuisance abatement, complaints, sign control and building occupancy enforcement stan- dards. (19) Coordinating the submission of federal or state grants. (Code 1977, ~ 2-19; Ord. No. 1998-1144, ~. 8, 12-14-98) Cross references-Buildings and building regUlations, Ch. 5; zoning and development, Ch. 26. Sec. 2-33. Duties of animal-park enforce- ment officers. Pursuant to the provisions of C.R.S. ~ 30-15- 105 and the Colorado Municipal Court Rules, the city animal-park enforcement officers are hereby designated as peace officers and shall be autho- rized to issue, sign, and serve summons and complaints and to make all the discretionary determinations required in order to enforce the provisions of chapters 4.15 and 17, chapter 20, articles II and III and section 16-64. (Code 1977, ~ 4-1.1) Cross references-Animals and fowl, Ch. 4; parks and recreation, Ch. 17. Supp. No. 22 158.3 . e . e . ADMINISTRATION ~ 2-50 Sec. 2-34. Code enforcement. ' (a) Duty of officers generally. The duty and authority to enforce the provisions of Chapters 5, 8, 15, and 20, sections 16-61 through 16-64, the city's basic zoning ordinance, being Ordinance No. 98, as amended the city's floodplain zoning ordinance, being Ordinance No. 1978-255 and the city's sign ordinance, being chapter 19A of the Code of the City of Wheat Ridge, Colorado (adopt- edby Ord. No. 225, series of 1976) is hereby delegated to code enforcement officers appointed by the director of planning and development of the city, which code enforcement officers are spe- cifically empowered and authorized hereby to initiate judicial proceedings in the municipal court by issuance of a summons and complaint in the event any of the provisions of the sections of the Code of Laws cited herein are, or are reasonably believed by the code enforcement officer to have been, violated. (b) Issuance of notice to abate nuisance or uiolation. It is hereby declared by the city council to be the policy of the city to encourage compli- ance with all provisions ofthis Code of Laws for the purpose of ensuring the protection of the public health, safety and welfare. Accordingly, 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 exist- ence of a nuisance with the city, and in the code enforcement officer's sole discretion, to issue a notice to abate said violation err 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- (c) Failure to abate a nuisance. In the event a person served a notice to abate fails to abate the specified violation or nuisance within ten (10) days, unless otherwise specified in the ordinance, from the date the notice to abate is served upon the person so charged, the code enforcement of- Supp. No. 21 ficer may issue a summons and complaint to the person charging such person with a violation of the applicable code section_ (d) Interference with officer in conduct of du- ties. It shall be unlawful for any person to inter- fere with a code enforcement officer during con- duct of his lawful duties; to intentionally place or attempt to place a code enforcement officer in fear of imminent bodily injury by any threat or phys- ical action during the conduct of such code en- forcement officer's duties; to threaten the job status of such code enforcement officer with the intent to cause the code enforcement officer to fail to carry out assigned duties or to refrain from issuing a summons and complaint or a notice to abate; or to threaten to confine, restrain or cause bodily contact with or harm to such code enforce- m,mt officer from intent to induce such officer to do an act or refrain from doing an act. (e) Multiple uiolations. Notwithstanding any provision of this Code of Laws to the contrary, the code enforcement officers identified in subsection (a) hereof are authorized to include multiple al- leged violations of this Code of Laws upon a single notice to abate nuisance or notice of violation permitted by subsection (b) hereof, and upon a single summons and complaint permitted by sub- sections (a) and (c) hereof. (Code 1977, ~~ 2-14.1-2-14.4; Ord. No. 873, ~ 1, 9-19-91; Ord. No. 1996-1014, ~ 1, 2-12-96) Editor's note--Ord. No. 1014, adopted Feb. 12, 1996, amended 9 2-34 by adding provisions designated as a new subsection (c1). Since ~ 2-34 already contained provisions designated as subsection (d), the editor, at his discretion, has redesignated these new provisions as a new subsection (e). Sec. 2-35. City historian. The city historian shall be appointed by the city council and shall serve without compensation and at the pleasure of the council. The city histo- rian shall possess such qualifications as shall be imposed by the council and shall perform such functions and undertake such duties as may from time to time be assigned by the council. (Ord. No. 1996-1059, ~ 1, 12-16-96) Sees. 2-36-2-50. Reserved. 159 ~ 2-51 WHEAT RIDGE CITY CODE ARTICLE llL BOARDS AND COMMISSIONS. Sec. 2-51. 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: Capital construction shall mean any major improvement which tends to be of a permanent nature and which becomes a fixture for the city; for purposes of this article, this term shall in- clude, but not be limited to, land purchase, con- struction of buildings, roadways, bridges, irriga-. tion systems, sidewalks and other projects of a permanent nature, as well as the major replace- ment thereof. Employee shall mean an individual paid salary or wages by the city, but shall not include those persons who receive payment from the city for services on a contract basis or elected officials. Maintenance shall mean any activity involving the routine repair or upkeep of an existing facility, equipment or improvement which is intended to preserve such facility, equipment or improvement from deterioration or decline and to thereby ex- tend its useful life. Maintenance shall apply only to existing facilities, equipment or improvements and shall not apply to new construction. (Code 1977, ~ 2-15) Sec. 2-52. Establishment. The following boards and commissions of the city are hereby established: Personnel commis- sion, animal control commission, parks and rec- reation commission, arborist board, building code advisory board, planning commission, board of adjustment, and civil service commission. (Code 1977, ~ 2-16) *Charter references-Boards and commissions, ~ 9.1 et seq.; election commission, ~ 2.4. Cross reference-Urban renewal authority. ~ 25-21 et seq. Supp. No. 21 Sec. 2-53. Qualifications of members; ap- pointment and term; removal; va- cancies. (a) Members of all boards and commissions shall be residents of the city and registered vot- ers. Members of all boards and commissions shall be at least eighteen (18) years of age at the time of appointment. All board and commission members shall serve without compensation. No board or commission member shall hold elective govern- mental office for the city or be employed by the city during tenure as a member of a board or commission. Except for members of the election commission, no board or commission member shall simultaneously serve on more than one (1) city board or commission. (b) All boards and commissions shall consist of eight (8) regular members, to be appointed by a majority vote of the members of the city council. Regular members of all boards and commissions shall have equal voting strength of their respec- tive board or commission, and shall be authorized to attend, participate in, and vote at their respec- tive board or commission meetings. The atten- dance offive (5) regular members shall constitute a quorum of the transaction of business at each meeting of such boards and commissions, and, except as provided herein in subsection (d), the affirmative vote of a simple majority shall be required to adopt any motion or make or ratify any decision of the board or commission. (c) Members of boards and commissions shall serve terms of three (3) years, and such members may be reappointed to serve additional three-year terms of office. All appointments to all boards and commissions shall be made to achieve equal rep- resentation from each council district to each board or commission. Except as provided in sub- section (e) hereof, all members of boards or com- missions presently serving shall be entitled to complete the terms for which they were ap- pointed, and shall be subject to reappointment at the discretion of city council. (d) Notwithstanding any other provision in this section, the following voting rules shall be in effect for all matters requiring decision by the board of adjustment to grant any variance, waiver, temporary building or use permit, any interpre- 160 . e . e . . e . e . ADMINISTRATION ~2-54 tation or floodplain special exception permit (or for any matter requiring decision by the planning commission or the city council under Section 26-6(D) of the Zoning Ordinance of the city): Members Present Votes Needed to Approve 6 6 5 4 8 7 6 5 All other actions shall be taken by majority vote of the members present. (e) Any board or commission member may resign his term of office at will. Any board or commission member may be removed from office by the city council, after public hearing before the council, by majority vote, for reasons of ineffi- ciency, neglect of duty, malfeasance in office, or violation of established rules and procedure. Any time a member of a board of commission is absent from more than twenty-five (25) percent of the meetings held by the board or commission within any calendar year, such member shall automati- cally cease to be a member of the board or commission, unless absences are determined as excused absences and are voted upon by a major- ity of remaining members of the board or commis- sion. Excused absences could include illness, death in the family or emergencies. In addition, any time a member of a board or commission is absent a sufficient number of times to cause the chair- man of the board or commission to believe that such absences are impairing the proper function- ing of the board or commission, the chairman of the board or commission shall notify the city council, which shall hold a hearing to determine if such member shall be removed for neglect of duty. Any board or commission member who shall change his personal residence to an address outside the city or the district he represents shall cease to be a member of the board or commission, and his seat shall automatically be deemed vacated as of the date on which he ceased to be a resident of the city or of the district. Vacancy on any board or commission, whether resulting from resignation, removal by the council or other cause, may be filled by a new appointment by the city council. Supp. No. 21 Such appointment shall be for that portion oftime remaining in the term which the new member has been appointed to fill. (f) Upon appointment to a city board or com- mission, the member shall be provided a packet of materials prepared by the department which works with that board or commission, to enable the member to better carry out his function and duties. The materials shall include, without lim- itation, copies of the rules or bylaws of the board or commission, all relevant ordinances and/or charter provisions, and any other materials deemed relevant by staff or city council. Upon assuming his place as a member of a board or commission, each member shall take an oath, administered by the mayor at a regularly scheduled council meet- ing, thereby swearing or affirming to uphold the Constitution of the Uuited States and the state, and the charter and ordinances of the city. (Code 1977, ~ 2-17; Ord. No. 1989-799, ~ 1,6-12- 89; Ord. No. 1992-892, ~ 1, 3-23-92; Ord. No. 1996-1030, ~ 1,6-10-96; Ord. No. 1996-1031, ~ 1, 6-24-96; Ord. No. 1997-1105, ~ 1, 1-12-98; Ord. No. 1998-1124, ~ 1, 6-22-98) Sec. 2-54. Administration. (a) All boards and commissions may create and maintain rules of procedure to govern the administration of the provisions of this article. No rule shall be in conflict with any of the provisions of this article or any other ordinance of the city or any city charter provision. Such rules and regu- lations shall be adopted to maintain the efficient administration of the provisions ofthis article, to protect the public interest, and to preserve the rights and responsibilities of involved parties. (b) Each board or commission shall annually elect a chairperson. The chair shall be on a rotating basis. It shall be the responsibility of the chairperson to preside at all meetings of the respective board or commission. An alternate chair- person may be elected to serve to assist the chairperson and to serve in the absence of the chairperson. (c) All boards and commissions may utilize city facilities for their meetings, hearings, and other deliberations, subject to the approval of the office of the director of administrative services. 161 ~2-54 WHEAT RIDGE CITY CODE (d) All boards and commissions shall be pro- vided with sufficient funds by the city to hire a recording secretary, if needed, who will serve at the pleasure of the department head assigned to the board to record minutes of meetings, assemble documents, duplicate reports, and perfonn such other clerical duties as the boards and commis- sions shall from time to time assign. Such clerical employee shall serve under the immediate super- vision of the head of the department assigned to work with the board or commission. (e) Except as otherwise stated in this article, all boards and commissions shall fonnulate rules and regulations setting forth their duties, guide- lines and standards of procedure. These duties, guidelines and standards of procedure shall be approved by the city council and, once approved by the city council, shall become binding on each board or commission as th.e official rules and regulations of that board or commission. (f) Each board and commission established in this article shall meet regularly as necessary. In no event shall any board or commission meet less than once each calendar quarter of each year. (Code 1977, ~ 2-18) Sec. 2-55. Personnel commission. (a) Establishment. There is hereby established a personnel commission to advise the mayor, city council and city manager on all matters concern- ing city employees within the scope of the person- nel policies and procedures for the city. (b) Authority. The authority of the personnel commission shall extend to all city employees except: (1) The city manager; (2) Department heads; (3) Municipal judges; (4) Court bailiffs and court reporters; (5) Civil service employees, but only in those circumstances and only to the extent that a city ordinance or the policies and proce- dures of the civil service commission do not conflict with or differ from these pro- Supp. No. 21 visions, in which case said ordinance or policies and procedures of the civil service commission shall govern; (6) Contract personnel or independent con- tractors. (c) Merit principle. In order to assure efficient and economical administration of city services and to provide equal opportunity for all qualified persons to compete for positions in the city em- ployment, the city hereby recognizes the merit principle in personnel administration. It shall be the policy of the city to appoint qualified employ- ees and to make possible a career service by making promotions on the basis of efficient work perfonnance and by providing tenure of office to those who give satisfactory service to the city. (d) Policies and procedures manual allowed. A purpose of this section is to allow for the estab- lishment of a policies and procedures manual, which shall be adopted by a vote of majority of all the city council members. Such policies and pro- cedures manual will be consistent with the follow- ing principles: (1) Recruiting, selecting and advancing em- ployees on the basis of their relative abil- ity, knowledge, skills and perfonnance on the job, including open competition or qualified applicants for initial employ- ment. (2) Trairiing employees, as needed, to assure high-quality performance. (3) Retaining employees on the basis of the adequacy of their perfonnance, correcting inadequate performance and separating employees whose inadequate performance cannot be corrected. (e) Appeals. In addition to the duties and re- sponsibilities set forth in ordinances and in the personnel policies and procedures, the personnel commission shall act as a board of appeal on all matters pertaining to violation of the personnel rules, disciplinary action and reductions in force, and shall preserve, protect and promote the stan- dards of merit in city personnel administration. Procedures shall be pursuant to provisions set forth in the personnel policies and procedures. In 162 . e . e . . e . e . ADMINISTRATION ~ 2-56 all hearings the petitioner shall have the oppor- tunity to appear in his own behalf, with or with- out the assistance of legal counsel, present evi- dence in his own behalf and cross-examine witnesses presented against him. (f) htion through personnel assistant. In all matters, except appeal hearings, the commission shall act through the personnel assistant in deal- ing with employees. (g) Creation of personnel policies and proce- dures manual. The personnel commission shall create and maintain a personnel policies and procedures manual pursuant to the provisions set forth herein. The personnel policies and proce- dures shall be effective upon approval by a ma- jority vote of the city council. Amendments to the personnel policies and procedures shall be adopted by the majority vote of the personnel commission, subject to approval by a majority vote of the city council. No rule shall be in conflict with any of the provisions of this article or any other ordinance of the city. Such policies and procedures shall be adopted to maintain the efficient administration of the rights and responsibilities of involved par- ties_ (Code 1977, ~ 2-19; Ord. No. 1990-826, ~ 1, 3-12- 90; Ord. No. 1998-1144, ~ 9, 12-14-98) Sec. 2-56. Animal welfare and control com- mission. (a) The animal welfare and control commis- sion shall advise the police chief, mayor, city manager and city council on matters within the scope of this section and chapter 4 of this Code, and on matters concerning the control and dispo-' sition of animals that may arise in the city. (b) The city council will appoint two (2) ex- officio members who are licensed veterinarians that maintain a practice within the city, but need not be residents of the city, in order to provide professional or technical advice to the commis- sion. (c) The animal welfare and control commission shall receive and review complaints made concern- ing the administration and effect ofthis and other ordinances relating to animals and shall make Supp. No. 22 recommendations to the city council, mayor, city manager or police chief on the appropriate action to be taken on complaints. (d) The animal welfare and control commis- sion shall maintain liaison with the county health officer and shall report all matters that may endanger the public health to such county health officer_ (e) The animal welfare and control commission shall approve or reject all applications made for issuance of a kennel license pursuant to chapter 4 of this Code. The commission shall make such determination for approval or rejection on the following stanaards: (1) The need of the applicant for a number of animals in excess of limits set forth in chapter 4 of this Code shall be balanced against the need of the community to maintain itselfin a healthful manner, free from unnecessary noise or other distur- bance. (2) The welfare of the animal shall be consid- ered, but the welfare of any animal shall be inferior to the welfare of any person. (f) The commission shall make no determina- tion regarding an application for a kennel license until a public hearing has been held regarding the issuance of such license. Such hearing shall be held in accordance with the following procedures: (1) Notice of public hearing on an application for a kennel license shall be posted on the property where the kennel is to be main- tained for not less than ten (10) days prior to said public hearing. (2) Notice of public hearing shall be pub- lished in a newspaper of general circula- tion in the city not less than ten (10) days prior to said hearing.t (3) At the public hearing, testimony shall be received from all parties who desire to give testimony regarding the merits of the issuance of the kennel license. A record of testimony offered at the public hearing shall be maintained by the animal control commission. 163 S 2-56 WHEAT RIDGE CODE (4) At the public hearing, the applicant for the license shall be pennitted to appear in person or with the assistance of counsel and shall be entitled to present evidence in his own behalf and cross-examine wit- nesses against him. The applicant for a kennel license shall receive written notice of public hearing, not less than ten (10) days prior to the hearing. (5) The animal welfare and control commis- sion shall make findings of fact regarding the issuance of a kennel license, based upon the testimony and evidence pre- sented at the public hearing. The decision of the animal welfare and control commis- sion whether to grant or reject an appli- cation or kennel license shall be based upon those findings of fact made by the commission. (6) The decision of the animal welfare and control commission may be appealed to the city council upon the written request of the applicant within ten (10) days of the decision by filing such appeal with the city clerk for inclusion and placement on the agenda of the city council. (g) Renewal of the kennel license shall be upon application. Reconsideration of renewal denial shall be made only after a public hearing is held pursuant to subsection (f) above. (h) It shall be the duty of the animal welfare and control commission to grant exceptions to the prohibition against owning, possessing, harbor- ing, selling, or trafficking in wild animals as provided in section 4-14 of this Code. The animal welfare and control commission shall grant excep- tions to the restrictions of section 4-14 on the following standards: (1) The need of the applicant to keep an animal prohibited by section 4-14 of the Code shall be balanced against the need of the community to maintain itself in a healthful manner, free from unnecessary noise or other disturbance. (2) The welfare of the animal shall be consid- ered, but the welfare of any animal shall be inferior to the welfare of any person. Supp. No. 22 (i) Exceptions to the restrictions set forth in section 4-14 of this Code shall be made only after a public hearing is held, pursuant to the proce- dures set forth in subsection (f) above. (Code 1977, ~ 2-20; Ord. No. 1998-1118, ~ 1, 5-18-98; Ord. No. 1998-1135, ~ 2, 11-9-98; Ord. No. 1198-1144, ~ 10, 12-14-98) Cross referenc~imals and fowl. Ch. 4. Sec. 2-57. Parks and recreation commission. (a) The parks and recreation commission shall advise the mayor, city council, and city manager on all matters within the scope of chapter 17 of this Code. (b) The duties of the parks and recreation commission shall be: (1) 'lb regularly consult with the director of parks and recreation; (2) 'lb review all existing and proposed legis- lation relating to parks and recreation matters; (3) To make recommendations on parks and recreation matters to the city council; (4) 'lb act as liaison between the department of parks and recreation and the commu- nity at large; (5) 'lb promote and develop positive relation- ships with community groups, other pub- lic agencies and the general public; (6) To encourage the widest possible citizen understanding of parks and recreation activities; (7) 'lb seek citizen advice and support for the proper management and operation of parks and recreation facilities. (c) The parks and recreation commission shall have the authority to promulgate rules and regu- lations for the proper management, operation, and control of the parks, parkways, and other recreational facilities within the city. These rules and regulations and amendments to such rules and regulations shall be adopted by a majority vote of the commission. The rules and regulations and amendments to such rules and regulations shall be effective upon approval by a majority vote 164 . e . e . . e . e . ADMINISTRATION ~ 2-59 of the city council. Such rules and regulations shall be promulgated according to standards pub- lished and submitted by the commission and approved by the city council. (Code 1997, S 2-21; Ord. No. 1998-1144, S 11, 12-14-98) Cross reference-Parks and recreation, Ch. 17. Sec. 2-58. Arborist board. (a) The arborist board shall advise the mayor, city CQuncil, city arborist, and city manager, on all matters within the scope of chapter 24 of this Code. (b) The arborist board shall have the power to promulgate rules, regulations, and specifications for the spraying, removal, planting, pruning, and protection of trees, shrubs, vines, hedges, and other plants upon the public right-of-way of any street, alley, sidewalk, or other public 'place in the city. Such rules and regulations shall be effective upon approval by a majority vote of the city council. Such rules and regulations shall be pro- mulgated according to standards published and submitted by the board and approved by the city council. (c) The arborist board may submit to the parks and recreation commission and to the city council recommendations regarding financial support for the administration of chapter 24 of this Code_ (d) The arborist board shall approve or reject all applications made for the issuance of an arborist license pursuant to chapter 24 of this Code. The board shall make such detennination for approval or rejection based on standards published and submitted by the board and approved by the city council. (e) The decision of the arborist board may be appealed to the city council upon the written request of the applicant within ten (10) days of the decision by filing such appeal with the city clerk for inclusion and placement on the agenda of the city council. (1) Notice of public hearing shall be pub- lished in a newspaper of general circula- tion in the city not less than ten (10) days prior to the hearing. Supp. No. 22 (2) At the public hearing, testimony shall be received from all parties who desire to give testimony regarding the merits of the issuance of the arborist license. A record of testimony offered at the public hearing shall be maintained by the arborist board. (3) At the public hearing, the applicant for a license shall be pennitted to appear in person or with the assistance of counsel arid shall be entitled to present evidence in his own behalf and cross-examine wit- nesses against him. The applicant for an arborist license shall receive written no- tice of public hearing, not less than ten (10) days prior to the hearing. (4) The arborist board shall make findings of fact regarding the issuance of an arborist license, based upon the testimony and evidence presented at the public hearing. The decision of the arborist board whether to grant or reject an application for an arborist license shall be based upon those findings of fact made by the board. (5) The decision of the arborist board may be appealed to the city council upon the written request of the applicant within ten (10) days of the decision by filing such appeal with the city clerk for inclusion and placement on the agenda of the city council. (f) Renewal of the arborist license shall be upon application. Reconsideration of a renewal denial shall be made only after a public hearing is held pursuant to subsection (e) above. (Code 1977, S 2-22; Ord. No. 1998-1144, S 12, 12-14-98) Cross reference-Trees and shrubs, Ch. 24. Sec. 2.59. Building code advisory board. (a) There is hereby established a building code advisory board in order to determine the suitabil- ity of alternate materials and methods of construc- tion and to provide for reasonable interpretation of the provisions of the ''Unifonn Building Code." (b) The building code advisory board shall have the authority and obligation to propose, revise, and annually review provisions for energy conser- vation in buildings for the city. 165 ~2-59 WHEAT RIDGE CODE (c) The board shall consist of members who are qualified by experience and trained to pass upon matters pertaining to building construction and shall have representatives from the following categories as regular members of tlie board: one (1) licensed engineer; one (1) licensed architect; one (1) builder; and two (2) at-large members from fields related to the construction industry. The alternate members of the building code advi- sory board may be members from any fields related to the construction industry. (d) The board shall have' the authority to re- view any written final decision of the chief build- ing inspector upon the written request of the applicant within ten (10) days of the decision by filing such appeal with the building department upon the building division forms designated for such purposes_ The board shall not have the authority to recommend decreasing public safety or fire-resistive standards set forth in any city ordinance. Where specific materials, types of con- struction or fire-resistive properties are required, such requirements shall be the minimum require- ments, and any materials, types of construction or fire-resistive protection which will afford an equal or greater degree of safety or resistance to fire as specified in city ordinances may be recommended. (e) Procedureslorhearingofappeals from writ- ten decisions of the chief building inspector shall be pursuant to subsection (d) above. In all hear- ings the petitioner shall have the opportunity to appear on his own behalf, with or without the assistance of legal counsel, present evidence in his own behalf, and cross-examine witnesses pre- sented against him._ The building inspection divi- sion shall be given the opportunity to present evidence at all hearings. (f) The building-code advisory board shall have the authority to promulgate rules and regulations for the conduct and standards of review to be applied in all appeals to the board from written decisions of the chief building inspector. (Code 1977, ~ 2-23) Cross reference-Buildings and building regulations, Ch.5. Sec. 2-60. Planning commission. (a) The planning commission shall develop and prepare a master plan for the physical, economic and social development and continuance of the Supp. No. 22 city. The planning commission shall hold a public hearing on the plan and make its recommenda- tions to the city council. The city council shall adopt and approve the master plan after holding public hearings and shall authorize the city clerk to have the master plan recorded at the county. The master plan shall be called the "Comprehen- sive Plan for the City of Wheat Ridge" and shall be hereafter in this article referred to as "the comprehensive plan." It shall include, but not be limited to, the following: established character, goals and objectives; population; land use; eco- nomic base; public facilities; parks and open space; transportation; prevention of pollution; and re- source conservation. (b) Amendments to the adopted chapters of the comprehensive plan or new proposed chapters to the comprehensive plan shall be initiated by the planning commission or referred to the plan- ning commission by the city council for the plan- ning commission's recommendation. No such amendment shall be final until acted upon by the city council, which may approve, amend or deny such recommendation in whole or in part follow- ing public hearing. The planning commission shall approve or disapprove amendments to the master plan or comprehensive plan submitted to it by city council within thirty (30) days after such submis- sion. The date of submission shall be the date the city council makes its decision to submit the matter to the planning commission. The approval or disapproval shall be in the form ofrecommen- dations to the city council after all necessary public hearings have been held. Failure to make said written recommendations to city council within thirty (30) days shall be deemed a recommenda- tion for approval without comment to the city council, and a certificate to that effect shall be issued by the planning commission upon demand. (c) The planning commission shall approve or disapprove or perform any necessary action upon any other matter properly referred to it by the city council within thirty (30) days from the date of the decision to submit the matter to the planning commission. Failure to approve or disapprove or to undertake the requested activity within the thirty-day time period shall be deemed a recom- mendation for approval without comment or a referral back to the city council for performance of 166 . e . e . . e . . . ADMINISTRATION ~ 2-60 the requested activity in accordance with estab- lished procedures concerning notice to the general public and public hearings. (d) The city council may extend the thirty-day period based upon a finding that such extension would serve the best interests of the city. If the planning commission makes a recommendation for approval of a change to a zoning district which differs significantly from the comprehensive plan, the planning commission shall also make a rec- ommendation for amendment of the comprehen- sive plan so the proposed zoning change shall fit compatibly into the overall planning concept of the city. (e) The city council and the governing bodies of all other governmental agencies, and publicly or privately-owned public utilities, shall refer all matters of capital construction except for city street maintenance to the planning commission to determine if they conform to the comprehensive plan in location, character and extent. In the case of disapproval, the commission shall communi- cate its reasons to the appropriate governing body, which has the power to overrule such dis- approval by a recorded vote of a. majority of its entire membership. (f) The planning commission shall hold a pub- lic hearing on all zoning cases. The staff shall provide a written staff report to the planning commission prior to the meeting, which shall contain a staff recommendation on the case which will be based in part on how the requested change conforms to the adopted comprehensive plan. The planning commission shall pass a resolution which makes a recommendation to the city counciL A negative decision of the planning commission may be appealed to the city council upon the written request of the applicant within ten (10) days ofthe decision by filing such appeal with the city clerk for inclusion and placement on the agenda of the city council, or the city council may by motion place it upon a council agenda for hearing and decision. When a rezoning is denied, amendment of the comprehensive plan shall be considered. (g) Public hearings for development plans for planned development zoning shall be conducted using the same procedures as for approval of subdivision plats. Supp. No. 22 (h) Preliminary subdivision plats shall be heard and approved by the planning commission through a public hearing with notification based on the requirements of the subdivision regulations. (I) After holding a public hearing on final sub- division plats, the planning commission shall make a recommendation to the city council, with final action taking place at the city council. Public hearings shall be conducted following procedures outlined in the subdivision regulations. (j) Public hearings shall be held for special use permits which approve specific land uses follow- ing the procedures for changes ofthe zoning map. The planning commission shall make a recommen- dation to the city council and the final action shall be taken by the city council following the proce- dures for changes to the zoning map_ (k) Minor subdivision plats without public street dedications or public reservations shall be heard and approved by the planning commission at a public hearing. Public hearings shall be con- ducted following procedures outlined in the sub- division regulations. (I) Minor subdivision plats with public street dedications or public reservations shall be heard by the planning commission at a public hearing and shall then be forwarded with their recommen- dations to city council for final approval. Public hearings shall be conducted following procedures outlined in the subdivision regulations. (m) Wherein the planning commission has de- nied a minor subdivision, an applicant may ap- peal that decision to city council in accordance with paragraph (f) of this section. Wherein the planning commission has approved such a minor subdivision, aggrieved adjacent property owners may appeal that decision to city council in accor- dance with paragraph (f) of this section. (n) Special use permits for curb cut modifica- tion, parking lot buffering and parking in front of multifamily developments shall be decided by the planning commission. (0) Amendments to the subdivision regula- tions shall be initiated by the planning commis- sion or referred to it by the city council. The commission's recommendation shall be forwarded 167 ~2-60 WHEA.'r RIDGE CODE to the city council for amendment and/or approval within thirty (30) days of referral of a proposed amendment by the city council. The date of refer- ral shall be the date on which the coundl makes its decision to refer the proposed amendment to the planning commission. Failure to make any recommendation to the city council within the thirty-day time period shall be deemed a recom- mendation for approval of the proposed regula- tion without comment and a referral of the pro- posed amendment back to the city council for necessary-action. The city council may extend the thirty-day period based upon a finding that such extension would serve the best interests of the city. (Code 1977, S 2-24) Cross references-Urban renewal, Ch. 25; zoning and development, Ch. 26. State law reference-Planning commissions, C.R.S.- ~ 31-23-201 et seq. Sec. 2-61. Board or adjustment. (a) The board of adjustment shall have the authority to hear and decide requests for vari- ances and waivers of the city zoning ordinance, floodplain zoning ordinance, and sign code, and for interpretation of those ordinances and codes and the subdivision regulations, subject to those guidelines set forth in the Zoning Ordinance, section 26.D., and as approved by the city council in the form of official rules and regulations for the board of adjustment. (b) The board of adjustment has the responsi- bility, in accordance with the Zoning Ordinance, section 26.D., to permit in any district a tempo- rary building which is used for a permitted use in that district, or a temporary use of land which is not allowed in that district; such permit is to be issued for no longer than one (1) year per appli- cation. year per application. (c) In exercising the above-mentioned powers, the board may, in conformity with all other appro- priate provisions oflaw, reverse Qr affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or deter- mination as in its opinionOlight to be made in the premises, and to that end shall have all the powers of the zoning administrator. Supp. No. 22 (d) The board of adjustment shall hold a public hearing on all applications and appeals, in accor- dance .with public hearing notice and procedure requirements set forth in Section 26.D. and F. of the Zoning Ordinance, with the following special conditions required: (1) Any final determination of the board of adjustment shall be reported in writing over the signature of the chairman of such board, and a copy of such report shall be furnished the applicant, the planning com- mission and the city clerk. The board of adjustment shall authorize issuance of any permits, licenses or other instru- ments necessary to implement or enforce such determination. (2) Every decision of the board on any case shall be by resolution indicating the rea- sons of the board therefor. (3) The final disposition of any appeal from the zoning administrator before the board of adjustment shall be in the form of a resolution either affirming, reversing or modifying the order, requirement, deci- sion or determination appealed from. If a resolution fails to reCllive the required number of votes as set forth by section 2-53(d) in favor of the appellant upon appeal or of the application for a variation . from the zoning regulations, the action will be deemed equivalent to a denial, and a resolution denying such application or appeal shall be formally entered upon the record_ (4) No request to grant a hearing will be entertained unless new evidence is sub- mitted which could not have been, with due diligence, presented at the previous hearing or at least one (1) year has passed since the date of the decision on the pre- vious application or appeal. (5) Any variance granted by the board of adjustment or planning director shall au- tomatically expire within one hundred eighty (ISO) daYs of the date it wasgranted, or within such other time as the board of adjustment or planning director may pre- 168 . e . e . f. I I ! e . e . ADMINISTRNl'ION scribe, unless a building permit for the variance is obtained within such period of time. If the building permit expires, the variance shall expire at the same time. Extensions of time may be granted for good cause shown, but only if an applica- tion for the extension is made prior to the expiration of the variance. (e) The board shall adopt bylaws and rules of procedure that shall be approved by a majority vote of the city council. <D Appeals of any decision of the board of adjustment may be made by any application or the city to the district court. (Code 1977, ~ 2-25; Ord. No. 1989-799, ~ 2, 6-12- 89; Ord. No. 1992-889, S 1, 2-10-92) Cross reference-Zoning and development, Ch. 26. State law reference-Board of sdjustment, C.R.S. ~ 31-23-307. Sec. 2-62. Civil service commission. (a) Examination and certification of applicants for position or promotion: (1) All examinations for initial hire shall be competitive among such candidates as are qualified, and who have submitted all appropriate and complete applications and other credentials. All testing and screen- ing procedures for initial hire, including lateral entry shall be determined jointly by the chief of police and the civil service commission, in keeping with modern per- sonnel screening practices, in compliance with current federal and state guidelines regarding hiring, as appropriate, and in compliance with the city civil service com- mission policies and procedures. (2) For entry level positions as deemed appro- priate by the chief of police, the first step in the screening process, following appli- cation, may be a prescreening interview to be conducted by two (2) members of the police department as appointed by the chief of police. The function and purpose of this oral interview will be to screen out unacceptable candidates based upon a set of specific standards formulated by the chief of police and the civil service com- Supp. No. 22 169 ~ 2-62 mission, and as such, members assigned to the prescreening interview shall have the authority to drop the candidate from further consideration in the event that the candidate fails to meet the minimum standards as established. If at any time during the hiring process information is developed to indicate that the candidate does not meet the minimum standards as established by the civil service commis- sion, and upon consent of the chief of police, the candidate shall be dropped from further consideration at this time. (3) The final selection oral board for entry level police officer and all other entry level positions, as deemed appropriate by the chief of police and the civil service commission, shall be convened by the civil service commission. All members of the final selection oral board shall be equal voting members. (4) Upon completion of the screening process the city manager's personnel assistant shall prepare a list of candidates who have satisfactorily passed the entire ex- amination in the order in which their grades have placed them. This list of the candidates shall be certified by the chair- man of the civil service commission or his designee and then shall be submitted to the chief of police for processing. The chief of police, with approval of the city man- ager, after having received a list or lists duly certified, shall hire candidates from the list or lists on the basis of the "rule of three." The "rule of three," whenever ref- erenced in connection with this chapter, shall indicate the initial hiring of a can- didate from among the top three (3) re- maining candidates on the current eligi- bility list or lists for the particular job class or rank. The chief of police may hire candidates for the position of police officer from either the entry level eligibility list or the lateral entry eligibility list. The chief of police and the chairman of the civil service commission, with approval of the city manager, shall designate those persons who shall serve on the various ~ 2-62 WHEAT RIDGE CODE phases of the screening process; however, due to the chiefs ultimate hiring author- ity, he shall not directly participate in the actual screening of any given group of candidates prior to his receiving the cer- tified list of eligible candidates. (5) The civil service commission shall be re- sponsible for establishing the minimum qualifications and for conducting the ex- amination and certification of all appli- cants for promotion within the classified service of the police department. Eligibil- ity for taking a promotional examination shall be from those members of the de- partment who are certified to the rank or grade immediately below the rank or grade for which they are being examined or as specified in civil service commission poli- cies and procedures. In the event that the civil service commission shall determine that there are no qualified members in the classified service to take a promo- tional examination, the civil service com- mission may undertake open recruitment, relax the requirements of length of ser- vice, or designate additional ranks or grades who may be eligible for that par- ticular examination only. All examina- tions for promotion shall be competitive among such members of the department as are qualified and desire to submit themselves to examination. The commis- sion shall submit to the chief of police the list with the names of all members who have satisfactorily passed the entire ex- amination, in the order in which their grades have placed them, and the Chief of police, after having received a list duly certified, shall make promotions there- from in the priority order in which the names appear. (b) Rules; investigations. The commission shall have the power to make and enforce rules for the purposes of carrying out the provisions of this article, which rules shall be printed for distribu- tion and a copy provided for each member of the classified service: The commission shall have the power to investigate all breaches of this article and conduct hearings in disciplinary matters as Supp. No. 22 herein provided, and while conducting such an investigation or hearing, the commission shall have the authority to compel the attendance of witnesses and the production of books and papers. The civil service commission, with approval of the city manager, may make use of existing city facilities and, as circumstances might dictate, temporarily use other city employees to assist the commission in performing its duties_ (c) Political activity. The city as a home rule municipal corporation possessing the powers and authorities reserved and granted pursuant to article XX of the Constitution of the State of Colorado, hereby determines not to adopt the provisions of C.RB. ~ 31-30-105 relating to polit- ical activities. Rather, all political activities en- gaged in by persons employed by and within the police department shall be governed by the provi- sions of the personnel policies and procedures of the city, as adopted from time to time. Violation of such procedures shall be grounds for discipline as provided in the personnel policies and procednres and may additionally be prosecuted as a violation of this Code of Laws, with a violation thereof resulting in imposition, upon a finding of guilty or a plea of no contest, of the penalties provided in section 1-5 of this Code of Laws. (Code 1977, ~ 2-26; Ord. No. 1990-824, ~ 1, 3-12- 90; Ord_ No. 1991-877, ~ 1, 10-4-91; Ord. No. 1998-1144, ~ 13, 12-14-98) Cross reference-Police civil service commission, ~ 19-21 et seq. [The next page is 221] 170 . e . e .