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ORDINANCE NO. 233

 

AN ORDINANCE RELATING TO THE DEFINITION AND ABATEMENT OF NUISANCES WITHIN THE CORPORATE LIMITS OF THE TOWN OF DEER TRAIL, REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR VIOLATION THEREOF.

 

            WHEREAS, the Town of Deer Trail, hereinafter referred to as the "Town," in the County of Arapahoe, and State of Colorado, is the body corporate operating as a Town pursuant to the general statutes of the State of Colorado; and

 

            WHEREAS, Colorado Revised Statutes 31-15-401(1)(a), (b), and (c), give the governing body of each municipality the power and authority to pass and enforce all necessary police Ordinances for the general welfare of the Town residents; to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease; and to declare what is a nuisance and abate the same and to impose fines upon parties who may create or continue nuisances or suffer nuisances to exist; and

 

            WHEREAS, the Town has several outdated Ordinances, in effect, which relate to the health, safety, welfare, and best interests of the citizens of the Town in need of updating; and

 

            WHEREAS, the Mayor, Trustees, Town Maintenance Personnel, Town Clerk, or any other person, hereinafter referred to as the “Representative,” may be directed or deputized by the Board of Trustees to perform duties included in this Ordinance.

 

            WHEREAS, the Town does have a municipal court in place, to hear and decide all matters concerning alleged violations of the Town Ordinances; and

 

            WHEREAS, the Board has determined that it is in the best interests of the citizens of the Town to create an updated Ordinance which addresses nuisance and abatement of such nuisances which relate to health, safety, and the welfare of the citizens of the Town;

 

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF DEER TRAIL, COLORADO:

 

            Section 1.        Health & Welfare

 

            1-1       Nuisance Defined.  Anything which is injurious to the health or morals or indecent or offensive to the senses or an obstruction of the free use of property so to interfere with the comfortable enjoyment of life or property is declared a nuisance as such shall be abated.

 

            1-2       Notice to Abate.  Any state of things prohibited by the following sections and other valid Ordinances shall be deemed a nuisance and any person who shall hereafter make or cause such nuisance to exist shall be deemed the author thereof.  Provided, that any person who shall have possession or control of any private ground or premises, whether he is owner thereof or not, in or upon which any such nuisance shall exist or may be found, whether such nuisance has been therefore or shall be hereafter created, shall be deemed guilty of a separate offense, as the author of a nuisance, for every period of twenty-four (24) hours continuance of such nuisance after due notice given to abate the same.  The written notice of twenty-four (24) hours may be given and served by such person (“deliverer”) as appointed.  Such offense or offenses may be punishable by a fine not to exceed Five Hundred Dollars ($500.00) per offense.

 

            1-3       Declaration of Nuisance.  In the event that any such nuisance within or upon any private premises or grounds is not abated forthwith after the notice herein provided shall be given, the Representative, may be ordered to abate the same, which said order shall be executed without delay; and shall have the authority to call for the necessary assistance therefore.

 

1-4       Abatement Without Notice.  In case of any such nuisance in or upon any street, avenue, alley, sidewalk, highway, or public grounds in the Town of Deer Trail, the Representative may abate the same forth with or without such notice given.

 

            1-5       Assistance to Abate Authorized.  Any Representative who shall be duly authorized to abate any nuisance specified in this Ordinance, shall have the authority to engage the necessary assistance and incur the necessary expenses thereof.

 

            1-6       Recovery of Expenses.  The expense incurred by the Town of Deer Trail in abating any nuisance may be recovered back by proper action, from the creator thereof.

 

            1-7       Collection of Costs of Abatement by Town.  In the event the nuisance on any lot, block or parcel of ground, or along the sidewalk or alley adjoining the same, is abated by order of the Municipal Court Judge or board, the whole cost of abatement, together with five percent for inspection and other incidentals, shall be paid within thirty days after mailing by the Town Clerk to the owner of such lot, block, or parcel of ground, by registered or certified mail, notice of the assessment of such cost.

 

            1-8       Failure to Pay.  Failure to pay such assessment within such period of thirty days shall cause such assessment to become a lien against such lot, block, or parcel of land and shall have priority over all liens, except general taxes and prior special assessments, and the same may be certified at any time, after such failure to so pay the same, within thirty days, the Town Clerk to the County Treasurer to be placed upon the tax list for the current year and to be collected in the same manner as other taxes are collected, with ten percent penalty to defray the cost of collection.

 

            1-9       Authority to Enter on Property.  The Representative may enter upon any lot, block, or parcel of land, with proper respect for the occupants’ constitutional rights, to examine the same and to ascertain whether any such nuisance exists, and shall be free from any action of liability on account thereof.

 

            Section 2.        Rubbish

 

            2-1       Definitions.  For the purposes of this chapter, the word “rubbish” shall mean and include any grass clippings, leaves, hay, straw, manure, shavings, excelsior, paper, ashes, rubbish, containers, boxes, glass, cans, bottles, garbage, waste, and discarded building and construction materials, including but not limited to plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire or metal binding, sacks or loose discarded or unused material; all rubbish or rubbish of any kind or character or by any means known.

 

            2-2       Accumulation Prohibited.  No person shall deposit or place any rubbish in such a manner that the same is or tends to become a nuisance or in such a manner endangers or tends to endanger the public health.  No person having the occupancy, control or management of any new premises shall cause or permit any rubbish to be accumulated thereon in such manner that the same is or tends to become a nuisance or in such a manner as endangers or tends to endanger the public health.

 

            2-3       Discard Rubbish.  No rubbish of any kind or nature whatsoever shall be thrown or swept into any street, sidewalk, gutter, sewer, intake, alley, vacant lot, or other property.

 

            2-4       Responsibility of Owners.  It shall be the duty of every person, whether owner, lessee, or renter of a vacant lot, building or premises, including any place of business, hotel, restaurant, dwelling house, apartment, tenement or any other establishment, at all times to maintain the premises in a clean and orderly condition, permitting no deposit or accumulation of rubbish or materials other than those ordinarily attendant upon the use for which such premises are legally intended.  Any such accumulation shall constitute a nuisance, and shall be conforming in the use of such premises.

 

            2-5       Removal from Construction Sites.  All plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire or metal binding, sacks or loose discarded or unused material of any kind resulting from the wrecking, constructing, or reconstructing of any room, basement, wall, fence, sidewalk, or building shall be promptly removed or discarded in such a manner as not to be scattered about by the wind or otherwise as soon as possible be removed by the person responsible for such work.  Such person shall be held liable for any scattering of such rubbish upon adjacent property.

 

            2-6       Manure.  Other than a light spread of manure which may be applied on lawns or gardens for fertilizing purposes, manure shall not be kept on any property for any purpose, or kept in any place for later use, but shall be either plowed under or removed by the owner, occupant, or agent.

 

            Section 3.        Weeds

 

            3-1       Accumulation of Weeds Prohibited.  No owner of any lot, block, or parcel of ground within the Town, nor any tenant or agent in charge thereof, shall allow or permit weeds to grow, or remain when grown, on such lot, block, or parcel of ground or on or along any sidewalk adjoining the same, or in the alley behind the same, but such weeds shall be cut close to the ground and kept so cut.

 

Section 4.        Nuisances

 

4-1       Deposits of Junk, Rubbish, and Debris Prohibited. 

 

                        Definitions:

                        A.        “Junk” as used in this section shall include, but not be limited to, scrap lumber, scrap metals, and materials, discarded furniture, fixtures, appliances, motor vehicle parts and tires, and all wrecked, abandoned, demolished dismantled, and no operable motor vehicles, machinery, trailers, and other goods that are so worn or deteriorated as to make them unusable in their existing condition.

                        B.         “Rubbish” and “debris” as used herein shall be construed to mean all waste, rubbish, and rejected matter and material, whether animal, vegetable, or mineral, manufactured or natural.

                        C.        “Junked or inoperable motor vehicles” as used in this section shall be construed to mean any motor vehicle which:

                                    1.         Does not bear current and valid license plates and which the owner or possessor thereof cannot establish as being capable to travel under its own power in its existing condition; or

                                    2.         Is not capable to travel under its own power in its existing condition; or

                                    3.         Is substantially wrecked, demolished, or dismantled as to be inoperable.

                        D.        “Travel under its own power” means the vehicle must be able to be started, stopped, driven forward and backward, and all tires inflated.

 

            4-2       Deposits or Accumulations Prohibited.  It shall be deemed a nuisance and unlawful to deposit, accumulate, store, keep, abandon, or to allow the deposit, accumulation, storage, keeping or abandonment of junk, including junked or inoperable motor vehicles, rubbish, debris, or scrap materials on private or public property within the Town in other than areas zoned for such deposits, accumulation, storage or keeping of junk, rubbish, or debris.  Provided further, this section shall not apply to a motor vehicle described in paragraphs (1), (2), or (3) of this section if (1) said motor vehicle is stored in a covered building or garage, or (2) said vehicle is completely covered with a non-transparent covering at all times except when said vehicle is being worked upon and there are not more than two (2) of such vehicles either covered or being worked upon on the premises at any one time, and said vehicle is owned by the owner or occupant of the premises or members of the family of the owner or occupant.  As used in this section, the term “being worked upon” means in the actual process of repair with the person making the repairs, physically present at the location of the motor vehicle.

 

            Section 5.        Control of Public Property

           

            5-1       Maintenance.  All sidewalks and curb walks shall be maintained with an even surface in good repair and in conformity with the established grade of the streets along which they are constructed.

 

            5-2       Duty to Keep Clean.  It shall be the duty of all owners or occupants of every premise within the Town of Deer Trail to keep the sidewalks and curb walks in front of and adjacent to the tenements and grounds occupied by them free and clear of snow, ice, mud, dirt, debris, rubbish, and filth.

 

            5-3       Encroachments Prohibited.  No encroachment or obstruction whatever, other than provided by law, authorized by the Board, or by Ordinance of the Town, shall be made or placed upon any street, alley, sidewalk, curb walk, or other public place within the Town.

 

            5-4       Notice and Removal of Encroachments.  Whenever any encroachment or obstruction, including ice, snow, mud, dirt, debris, rubbish, and filth, is made, located, permitted, or maintained contrary to this Ordinance, the Representative shall give notice to the person who made, caused or permitted same, or to the person who owns or controls the premises on which same is located or connected, directing such person to remove such encroachment or obstruction within forty-eight (48) hours after receipt of the notice.  In the event such notice shall not be obeyed, the Representative may order the removal of the encroachment or obstruction and the costs and expenses of such removal shall be assessed against the responsible person.

 

            5-5       Disturbance of Grade Stakes.  It shall be unlawful for any person to remove or disturb any grade or line stakes or marks set by the Town, or an agent of the Town.

 

            5-6       Authority and Supervision.  All work on any excavation, cut, trench, or opening in or under any street, sidewalk, curb, gutter, curb walk, alley, or other public place shall be done only on authority of the Town Board and such work shall be supervised by the Town Maintenance Personnel.

 

5-7       Barricades and Lights.  Every person making or causing to be made any excavation shall keep

the excavation barricaded at all times and, between the hours of sunset and sunrise, he shall keep such excavation properly lighted so as to warn all persons thereof.

 

            Section 6.        Penalties and Procedures

 

            6-1       The Town Board shall appoint an official to enforce the provisions of this ordinance.  Such official shall have at least the minimum training or education necessary to interpret and enforce the provisions of this ordinance.

 

            6-2       The official is hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this ordinance.

 

            6-3       When it is necessary to make an inspection to enforce the provisions of this ordinance, or when the official or the official's authorized representative, has reasonable cause to believe that there exists a condition which is contrary to or in violation of this ordinance, the official may enter the premises at reasonable times to inspect or to perform the duties imposed by this ordinance, provided that if such premises is occupied that credentials be presented to the occupant and entry requested.  If such building or premises were unoccupied, the official shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry.  If entry is refused, the official shall have recourse to the remedies provided by law to secure entry.

 

            6-4       All properties which are determined after inspection by the official to be a nuisance as defined in this ordinance are hereby declared to be public nuisances and shall be abated in accordance with the procedures set forth in this ordinance.

 

            6-5       It shall be unlawful for any person, firm, or corporation to maintain any property or cause or permit the same to be done in violation of the terms of this ordinance.  Those persons or entities in violation of the provisions of this ordinance may be subject to a fine not to exceed Five Hundred Dollars ($500.00) for each violation of this ordinance, for each day that the property is not in compliance with the provisions of this ordinance.

 

            Section 7.        Notices and Orders of the Official

 

            7-1       When the official has inspected or caused to be inspected any property and has found and determined that such building is a nuisance, the official shall commence proceedings to cause the removal of the nuisance.

 

            7-2       The official shall issue a notice and order directed to the record owner of the property.  The notice and order shall contain the following:

                        A.        The street address and a legal description sufficient for identification of the premises upon which the nuisance is located.

                        B.         A statement that the official has found a nuisance with a brief and concise description of the conditions found to render a nuisance under the provisions of this ordinance.

                        C.        A statement of the action required to be taken as determined by the official.

                                    1.         If the official has determined that the nuisance must be removed, the order shall require that removal commence within such time (not to exceed sixty days from the date of the order) and completed within such time as the official shall determine is reasonable under all of the circumstances.

                 D.        Statements advising that any person having any record title or legal interest in the property may appeal from the notice and order or any action of the official to the Town Board, provided the appeal is made in writing and filed with the Town Clerk within thirty days from the date of service of such note and order; and that failure to appeal in a timely manner will constitute a waiver of all right to an appeal hearing.  Any appeal shall state with specificity the reasons for the appeal.

                        E.         Statements advising that the municipal court may enforce the order for the Town of Deer Trail.

                        F.         Service of the Notice and Order may be made upon the owner of the property by either mailing a copy of the notice and order to the owner by certified mail, delivering a copy of the notice and order to the owner at his address or wherever he or she may be found, and/or by posting such notice and order to the front door or other visible portion of the subject property.

 

            Section 8.        Repeal

 

            Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any Ordinance hereby repealed prior to the taking effect of this Ordinance.

 

            Section 9.        Effective Date

 

                  This ordinance shall take effect thirty days after passage and publication.

 

            INTRODUCED, READ, ADOPTED AND APPROVED this sixth day of June, 2006.

 

                                                                                    TOWN OF DEER TRAIL, COLORADO

 

                                                                                    ___________________________________

                                                                                    James F. Johnson, Mayor

ATTEST:

 

___________________________________

Patti K. Owens, Town Clerk