ORDINANCE NO. 239

AN ORDINANCE TO AMEND TOWN OF DEER TRAIL ORDINANCE NO. 233 CONCERNING APPEALS OF NOTICES AND ORDERS ISSUED UNDER THE ORDINANCE TO THE DEER TRAIL BOARD OF TRUSTEES.

WHEREAS, Colorado Revised Statutes 31-15-401 gives to 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 to abate the same and to impose fines upon parties who may create or continue nuisances or suffer nuisances to exist; and

WHEREAS, Ordinance No. 233 was passed for such purposes and has been amended by Ordinance No. 236; and

WHEREAS, Section 7D of Ordinance No. 233 allows for decisions made by the acting Town official which result in the issuance of a Notice and Order to a landowner to be appealed in a timely and specific manner to the Town Board of Trustees; and

            WHEREAS, the Board of Trustees for the Town of Deer Trail, Arapahoe County, Colorado, hereinafter referred to as the “Board,” has determined that due process can best be afforded to a landowner cited under the Ordinance by allowing the Deer Trail Municipal Court Judge, as an impartial fact finder, to hear the evidence presented and to make an impartial decision based upon the evidence; and

            WHEREAS, the Board has also determined that an appeal to the Board would thus serve no useful purpose and would prolong ultimate and proper determination of the status of a subject property;

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

            Section 1.        Amendment of Ordinance No. 233, Section 7

            Upon the adoption of this Ordinance, Section 7D shall be deleted entirely.

            Section 2.        Validity

            If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this Ordinance.  The Board hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any part or parts be declared invalid.

            Section 3.        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            Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not affect or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 4.        Effective Date

                  This ordinance shall take effect thirty days after passage and publication of the Ordinance as provided by law and shall be recorded in the Book of Ordinances, thereafter.

ADOPTED AND APPROVED this seventh day of June, 2007.

                                                                                    TOWN OF DEER TRAIL, COLORADO

                                                                                    ___________________________________

                                                                                    James F. Johnson, Mayor

ATTEST:

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Patti K. Owens, Town Clerk