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ORDINANCE NO. 242

 

AN ORDINANCE TO REGULATE PLACEMENT, STYLE, HEIGHT, SETBACK, AND OTHER ASPECTS OF FENCES, HEDGES, AND WALLS, INCLUDING PERMITTING FOR CONSTRUCTION, AND FOR ENFORCEMENT, ABATEMENT, AND PENALTIES FOR VIOLATION THEREOF, AND TO AMEND TOWN OF DEER TRAIL ORDINANCE NO. 233, SECTION 4, 4-2 PERTAINING TO JUNKED OR INOPERABLE MOTOR VEHICLES.

 

WHEREAS, Colorado Revised Statutes 31-15-401 gives to the governing body of each municipality the power and authority to adopt building standards, and to regulate and restrict the height, location, and use of structures within the municipality, including the type, substance, height, and location of fences, hedges, and walls; and

 

WHEREAS, the Board of Trustees of the Town of Deer Trail, hereinafter referred to as the board, has determined that safety and other factors mandate that the Town should adopt an Ordinance regulating the type, substance, height, and location of fences, hedges, and walls located or constructed within the Town, and that a permitting process should be adopted to insure compliance with the Ordinance; and

 

WHEREAS, the Board has further determined that appropriate fencing may be an option for those landowners involved with the repair or storage of junked or inoperable motor vehicles, as described in Section 3-2, of Section 3 of Ordinance No. 233, as amended by Ordinance No. 236;

  

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

 

            Section 1.        Fences, Hedges, and Walls.

 

Fences, hedges, and walls shall be allowed upon any residential or commercial property within the Town of Deer Trail, subject to the following conditions and requirements:

 

            1-1       Walls or fences may be made of rock and mortar constructed under industry accepted standards of masonry.  Fences may also be constructed of ornamental iron, chain link, wood picket, solid wood, strong barn, and fence plastic, as generally used in the geographical area.  No other style or materials may be used without the written consent of the Board including use of plywood, pressboard, wafer board, chipboard, cardboard, aluminum, wood pallets, tarp material, black plastic, or similar materials or styles.  Further, no fence shall be constructed of barbed wire or sharp pointed materials, be electrically charged, or be visibly displeasing or objectionable to the general public.

 

            1-2       Hedges may be grown of any plant, bush, or tree typically used as a hedge, provided that the hedge is trimmed and complies with all applicable Town Ordinances.

 

            1-3       All fences, hedges, and walls shall be subject to the applicable sections of any Ordinance of code of the Town of Deer Trail.

 

            1-4       No fence, hedge, or wall shall be placed upon Town property, including any easement used by or granted to the Town of Deer Trail, without the written consent of the Town through its designated officer or agent.  It shall be the responsibility of the property owner to locate all property lines prior to the placement of a fence, hedge, or wall.

 

            1-5       Fences, hedges, or walls shall not exceed four feet (4’) in height when such fences are located within the front yard of the landowner’s property or within thirty feet (30’) of the Town streets.  Side and backyard fences shall not exceed six feet (6’) in height unless such fence creates a visual safety problem as to automobile drivers on streets or entering or exiting an alley.  In no event shall a fence, hedge, or wall obstruct the vision of automobile traffic on Town streets, driveways, or alleys, as determined by the Town.  Fences may extend to twelve feet (12’) in height for tennis courts, or other approved recreation purposes if a visual safety problem is not created by doing so.

 

            1-6       Any such fence, hedge, or wall which was constructed prior to the adoption of this Ordinance shall be allowed to remain where located unless the Town determines that the placement of the fence, hedge, or wall constitutes a safety problem, public nuisance, restricts the vision of automobile drivers and bicyclists turning on a public street, turning into or out of an alley, is not constructed or approved material, or if the placement of the fence, hedge, or wall interferes with a Town Ordinance, policy, or proper exercise of the Town police power.  In such case the Town shall give written notice to the owner of the fence, hedge, or wall notifying the landowner to remove the fence, hedge, or wall for the reasons given, such notice to direct the fence, hedge, or wall to be removed within thirty (30) days of the date of the notice.

 

            Section 2.        Permit Required For Fence and Walls

 

            Prior to the construction or replacement of a fence or wall, the landowner shall apply for a permit on a form provided by the Town Clerk.  The application shall require the name and address of the landowner and the subject real property, the nature of the fence or wall to be constructed or replaced, the style and material of the fence or wall, a sketch as to where the fence or wall will be located (in relation to structures and Town property) with applicable distances represented on the sketch, and any other information deemed to be relevant by the Board as required by this Ordinance.  The cost of the permit shall be the .25% of the material cost as imposed by the Arapahoe County Open Space tax and Ten Dollars ($10.00) to pay for administrative costs.

 

            Section 3.        Amendment of Ordinance No. 233, Section 4, 4-2

 

            Upon the adoption of this Ordinance, Section 4-2 of Ordinance No. 233, Section 4, shall be amended to state as follows:

 

            “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.  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, or (3) the motor vehicle or vehicles are screened from public view by a fence or wall at least six (6) feet in height, which meets the material, placement, and other requirements as to the construction or replacement of fences and walls as set forth by Town Ordinance.  However, the placement of inoperable or junked vehicles as may be allowed by a screening fence or wall will not excuse or relieve the landowner from maintaining the areas behind the fence or as may be covered by a non-transparent covering, free from rubbish and weeds and from maintaining the property free of health, safety, and fire hazards.”

 

            Section 4.        Abatement and Penalty

 

            4.1       Abatement.  Should any fence, hedge, or wall be constructed, maintained, replaced, or planted within the Town of Deer Trail, either without the landowner first obtaining a permit for a fence or wall and/or the fence, hedge, or wall being in violation of the provisions of this Ordinance, the Town may provide written notice to the landowner requiring that the landowner take action to cease and desist construction of the fence or wall, or that the landowner’s property be brought into compliance with Town Ordinances within a reasonable time, such time not to exceed thirty (30) days from the date of the notice.  If the landowner fails or refuses to bring the offending property into compliance, the Town may seek enforcement through the Deer Trail Municipal Court.  Remedies available to the Town shall include the right to bring the offending property into compliance and to access the costs, including the Town’s reasonable attorney fees incurred in the enforcement of this Ordinance, to the offending property.

 

            4.2       Penalty.  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 5.        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 6.        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 7.        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 ninth day of October, 2007.

                                                                                   

                                                                                    TOWN OF DEER TRAIL, COLORADO

 

 

                                                                                    ___________________________________

James F. Johnson, Mayor

 

ATTEST:

 

 

___________________________________

Patti K. Owens, Town Clerk