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HomeMy WebLinkAbout20123612.tiff WELD COUNTY CODE ORDINANCE 2012-12 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 8 PUBLIC WORKS Repeal in its entirety, Article IX - Illegal Discharges and Illicit Connections to Storm Sewer System and re-enact it with the following: ARTICLE IX Weld County Municipal Separate Storm Sewer System Illicit Discharge Detection and Elimination Sec. 8-9-10. Title. This Article shall be known, and may be cited, as the "Weld County Illicit Discharge Detection and Elimination and Stormwater Quality Ordinance." Sec. 8-9-20. Purpose/Intent. Weld County has been issued a regulated Phase II MS4 CDPS permit that covers designated areas of unincorporated Weld County serving a population between ten thousand (10,000) and one hundred thousand (100,000) with urban areas of one thousand (1,000) or more people per square mile based on the 2000 U.S. Census. The currently designated areas are expected to change based on the 2010 census. Weld County's CDPS permit covers the Municipal Separate Storm Sewer Systems of the designated urbanized areas lying in unincorporated areas of Weld County. Municipalities with storm sewer systems in the 3898851 Pages: 1 of 12 I 2012-3612 12/27/2012 10:11 AM R Fee:$0.00 c1 , ' , 1 ORD2012-12 Steve Moreno, Clerk and Recorder, Weld County, CO ' ` / ■IIIkIY�I'l�INILI'I�h;h � I,�RhHrlfh ti�l�l��,Ml l 1111j- -13 designated MS4 urbanized areas administer their own MS4 permits in their respective areas. The objectives of this Article IX are: A. To regulate and prohibit contributions of pollutants to the Municipal Separate Storm Sewer System (MS4) by Stormwater discharges by any user; B. To prohibit Illicit Connections and Discharges to any MS4; C. To establish procedures to carry out the inspection, surveillance and monitoring necessary to ensure compliance with this Article; and D. To protect the health, safety, and general welfare of the citizens of Weld County through the regulation of Non-Stormwater discharges to any MS4. Sec. 8-9-30. Authorization. Weld County is required by State and Federal law, and as a condition of its CDPS permit, to establish by ordinance methods for controlling the introduction of pollutants into any MS4, in order to protect and enhance the water quality of the Waters of the State pursuant to and consistent with State statutes and regulations and the Clean Water Act. Section 30-15-401, et seq., C.R.S. enables counties to adopt ordinances for the control or licensing of those matters of purely local concern, and to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease. Section 30-15-401(11)(a)(l), C.R.S. specifically authorizes counties that have been issued a CDPS permit pursuant to Part 5 of Article 8 of Title 25, C.R.S., to adopt a stormwater ordinance to develop, implement, and enforce the Stormwater Management Program required by such permit. Section 18-4-511, C.R.S., makes it a crime to place any foreign substance, whether solid or liquid, into any body of water or watercourse. Section 30-15-401(1)(a)(V), C.R.S., specifically provides that, in addition to the authority given counties under Section 18-4-511, C.R.S., the Board of County Commissioners of Weld County is authorized to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease, including the authority to restrain, fine, and punish persons for dumping rubbish, including trash, junk and garbage on public or private property. Public or private property is defined at Section 18-4-511, C.R.S., to include "waters and watercourses." Section 16-13-305(1)(e), C.R.S., makes any unlawful pollution or contamination of any surface or subsurface waters in this State a Class 3 Public Nuisance. Sec. 8-9-40. Applicability. The provisions of this Article shall apply in the unincorporated areas of Weld County located within, or discharging to, any current or future designated MS4 permit coverage area specified in the current CDPS permit issued to Weld County. 3898851 Pages: 2 of 12 2012-3612 12/27/2012 10:11 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO ORD201 2-1 2 101 IOTIVI,fh'RISPAliiiIIII Sec. 8-9-50. Definitions. For the purpose of this Article, the following terms, phrases, words, and their derivations shall have the meanings given herein: Best Management Practices (BMPs) means schedules of activities, structures, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of any MS4. BMPs can be structural or non-structural and temporary or permanent. Examples include, but are not limited to, silt fences, erosion blankets, hay bales, extended detention basin treatment requirements, operating procedures and practices to control site runoff, spillage of leaks, sludge or waste disposal, and drainage from raw material storage. Clean Water Act: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Colorado Discharge Permit System (CDPS) means the State of Colorado's system of permitting discharges (e.g., Stormwater, wastewater) to any MS4 which corresponds to the Federal NPDES permits under the Clean Water Act. Department of Public Works means the Weld County Department of Public Works. Hazardous Material means any material, substance, waste, or combination thereof, which because of its quantity, concentration, physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit Discharge means any direct or indirect Non-Stormwater discharge to any MS4 which is not exempted by this Article or applicable state or federal law. Illicit Connection means either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an Illicit Discharge to enter any MS4, including but not limited to, any conveyance which allows any Non-Stormwater discharge such as sewage, process wastewater, and wash water to enter any MS4, and any connection to any MS4 from indoor drains, sump pumps and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by Weld County or other governmental authority; or any drain or conveyance connected from a commercial or industrial land use to any MS4 which has not been documented in plans, maps, or equivalent records and approved by Weld County or other governmental authority. Municipal Separate Storm Sewer(MS4) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): A. Owned or operated by the State of Colorado, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, Stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved 3898851 Pages: 3 of 12 12/27/2012 10:11 All R Fee-$0.00 2012-3612 Steve Moreno, Clerk and Recorder. Weld County. CO ■III r,I'nitigiaetvi m A:wino:mum i I ■I III ORD2012-12 management agency under Section 208 of the Clean Water Act that discharges to Waters of the State; B. Designed or used for collecting or conveying Stormwater; C. Which is not a combined sewer; and D. Which is not part of a Publicly Owned Treatment Works. Non-Stormwater Discharge means any discharge to the storm drain system that is not composed entirely of Stormwater. Person means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as the owner, owner's agent, operator, or occupier of any Premises subject to this Article. Pollutant means anything, which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes; yard wastes including grass clippings and leaves; refuse, rubbish, garbage, litter, or other discarded or abandoned objects; accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; pet wastes; wastes and residues that result from constructing a building or structure, concrete washout waste; wastes and residues that result from mobile washing operations; noxious or offensive matter of any kind, and any soil, mulch, rock, or other type of landscaping material. Pollution means the presence of any foreign substance (organic, inorganic) in water or wastewater which in sufficient concentration tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which may not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use. Potable Water means any water which, according to recognized standards, is safe for human consumption Premises means any lot, parcel of land, or portion of land, whether improved or unimproved, and including adjacent sidewalks and parking areas. If improved, any associated buildings, facilities, or improvements thereupon are considered part of the Premises. Publicly Owned Treatment Works means a publicly owned domestic wastewater treatment facility. This includes any publicly owned devices and systems used in the storage, treatment, recycling or reclamation of municipal sewage or treatment of industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances if they are publicly owned or if they convey wastewater to a Publicly Owned Treatment Works treatment plant. Stormwater means any surface flow, runoff, and drainage occurring during or following any form of natural precipitation event and resulting therefrom and consisting entirely of water from natural precipitation events including snowmelt. 3898851 Pages: 4 of 12 12/27/2012 10:11 AM R Fee:Steve Moreno Clerk and Record $0.00 I 2012-3612 1111 hl�'i PINhl+�11�'i:1�+1��rF4 er ��1�0��t#J' n 111,14 Bill ORD2012-12 Threatened Discharge means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources. Watercourse means a natural or artificial channel through which Stormwater or floodwater can flow, either regularly or infrequently. Waters of the State of Colorado (Waters of the State) means all streams, lakes, rivers, ponds, wells, impounding reservoirs, watercourses, springs, drainage systems, and irrigation systems, all sources of water such as snow, ice, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, located wholly or partially within or bordering upon the State of Colorado and within its jurisdiction. Sec. 8-9-60. Responsibility for Administration. The Weld County Department of Public Works shall administer, implement, and enforce the provisions of this Article. Sec. 8-9-70. Discharge Prohibitions, Exemptions and Requirements. A. Prohibition of Illicit Discharge. 1. It shall be unlawful for any Person to discharge or cause to be discharged into any MS4 any Pollutants or waters containing any Pollutants that cause or contribute to a violation of applicable water quality standards. Subject to below subsection C. of this Section 8-9-70, and all applicable County, State, or federal discharge regulations, only Stormwater may be discharged into any MS4. 2. It shall be unlawful for any Person to cause Pollutants to be deposited in such a manner or location as to constitute a Threatened Discharge into any MS4. Pollutants that are no longer contained in a tank or other container are considered to be Threatened Discharges unless they are actively being cleaned up. B. Prohibition of Illicit Connections. 1. The construction, use, maintenance or continued existence of Illicit Connections to any MS4 is prohibited and is considered a violation of this Article. 2. This prohibition expressly includes, without limitation, Illicit Connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. C. Exemptions. The following Non-Stormwater Discharges are exempt from the discharge prohibitions established by this Article when properly managed: Landscape irrigation, lawn watering, diverted stream flows, irrigation return flow, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, springs, flows from riparian habitats and wetlands, water line flushing, discharges from Potable Water sources, foundation and footing drains, air conditioning condensation, water from crawl space pumps, individual 3898851 Pages: 5 of 12 12/27/2012 10:11 AM R Fee:$0.00 2012-3612 Steve'Moreno. Clerk and Recorder, Weld County, CO ORD2012-12 101 hl?+I Slriiii l d ITICll' larili l li e.«f(IN 1 11111 residential car washing, dechlorinated swimming pool discharges, water incidental to street sweeping (including associated sidewalks and medians) that is not associated with construction, emergency fire fighting activities, discharges specifically authorized by a separate CDPS permit, and discharges in accordance with the Colorado Department of Public Health and Environment Water Quality Control Division Low Risk Discharge Policy and Guidance documents. D. Requirements Applicable to Potential Dischargers 1. Watercourse Protection. Every Person owning, leasing or otherwise occupying Premises through which a Watercourse passes, shall keep and maintain that part of the Watercourse within the Premises free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the Watercourse. Irrigation structures themselves are excluded. In addition, the owner, operator, or occupier shall maintain existing privately owned structures within, or adjacent to, a Watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. 2. Maintenance of Equipment. Any leak or spill related to equipment maintenance in an uncovered outdoor area shall be contained to prevent the potential release of Pollutants. Leaks and spills shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this Article. 3. Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided. Sec. 8-9-80. Industrial or Construction Activity Discharges. Any Person issued a CDPS industrial and/or construction activity permit for Stormwater discharge from properties lying within the designated MS4 areas, or discharging to any MS4, shall comply with all provisions of such permit. Proof of compliance with such permits may be required in a form acceptable to the Department of Public Works prior to allowing discharges to an MS4. Failure to comply with the provisions of such permits is a violation of this Article. Sec. 8-9-90. Access, Inspection, Sampling, and Monitoring Discharges. A. Applicability. This Section applies to all Premises within unincorporated Weld County that are, or may be, discharging to any designated MS4 area. B. Access to Facilities. 1. The Weld County Department of Public Works shall be allowed to enter and inspect any Premises subject to this Article as often as may be necessary to determine compliance. If security measures are in force requiring proper identification and clearance before entry into the Premises, the owner, operator, or occupier shall make the necessary arrangements to allow access to Department of Public Works personnel. 3898851 Pages: 6 of 12 2012-3612 12/27/2012 10:11 Rrl R Fee:$0.00 ORD2012-12 Steve Moreno, Clerk and Recorder. Weld County, CO ■III W I'l�IPu l hh'1l'L �S I �YG,�rl ti716f l�htr IN 111111 2. Premises owners, operators, or occupiers shall allow Department of Public Works personnel ready access to all parts of the Premises for the purposes of inspection, sampling, examination and copying records that must be kept under the conditions of any CDPS permit, and any additional duties required to determine compliance with this Article or applicable state and federal law. 3. Any temporary or permanent obstruction to safe and easy access to the Premises to be inspected and/or sampled shall be promptly removed by the owner, operator, or occupier at the written or oral request of the Department of Public Works and shall not be replaced. The costs of clearing such access shall be borne by the owner, operator, or occupier. 4. Refusal to allow or unreasonable delays in allowing the Department of Public Works access to the Premises for the purpose of conducting any activity authorized or required by this Article shall be a violation of any CDPS permit and of this Article. 5. If the Department of Public Works has been refused access to any part of the Premises from which discharges occur or may occur, and the Department of Public Works is able to demonstrate probable cause to believe that there may be a violation of the CPDS permit and/or this Article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with any CDPS permit or this Article, or to protect the overall public health, safety, and welfare of the community, then the Department of Public Works may seek issuance of a search warrant from any court of competent jurisdiction. 6. The Department of Public Works shall have the right to set up on the Premises such devices as are necessary in the opinion of the Department of Public Works to conduct monitoring and/or sampling of discharges. 7. The Department of Public Works has the right to require the owner, operator, or occupier to install monitoring equipment as necessary. The owner, operator, or occupier shall, at its own expense, maintain at all times, in safe and proper operating condition, the sampling and monitoring equipment. All devices used to measure discharge or water flow and quality shall be calibrated to ensure their accuracy. Sec. 8-9-100. Requirement to Prevent, Control, and Reduce Non-Stormwater Discharges by Use of Best Management Practices. Weld County shall provide for, and compel the abatement of, any condition that causes or contributes to a violation of this Article or any CDPS Permit and require Best Management Practices (BMPs) for any activity, which may cause or contribute to pollution or contamination of any MS4. The owner, operator, or occupier, at their own expense, shall provide reasonable protection from accidental or intentional discharge of prohibited materials or other wastes into any MS4 through the use of structural and non-structural, temporary and permanent BMPs. Further, any Person responsible for a Premises, which is, or may be, the source of an Illicit Discharge may be required, at their own expense, to properly clean up the pollutant, and implement additional temporary and/or permanent, structural and non-structural BMPs to 3898851 Pages: 7 of 12 7 2012-3612 Stte72 ,1 alnd Recorder,0.00 e Moreno Clerk Weld County CO ORD2012-12 ■III rd.MIP�Ilith II III prevent the further or future discharge of pollutants to any MS4. These BMPs shall be documented as part of any required management plan necessary for compliance with any CDPS permit. Compliance with all terms and conditions of a valid CDPS permit authorizing the discharge of Stormwater associated with industrial and/or construction activity, to the extent practicable, shall be deemed compliance with the provisions of this Section. Sec. 8-9-110. Notification of Discharges. A. Notwithstanding other requirements of law, as soon as any Person who owns, occupies, operates, or is otherwise responsible for a Premises, or is responsible for the emergency response for such Premises, has information of any known or suspected release of a Non-Stormwater or Hazardous Material discharge into Stormwater, any MS4, or into any Waters of the State, said Person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. Additionally, such Person shall be shall be responsible for emergency suspension of all activities that are the cause of the release and shall implement corrective measures to mitigate and control discharges. B. In the event of a release of Hazardous Materials into Stormwater, any MS4, or into any Waters of the State, said Person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a Non-Stormwater discharge into Stormwater, any MS4, or into any Waters of the State, said Person shall notify the Weld County Department of Public Works in person or by phone or facsimile, no later than the next business day. Notifications in person, or by phone shall be confirmed by written notice addressed and mailed to the Department of Public Works within three business days of the phone notice. C. If the discharge of Hazardous Materials or Non-Stormwater emanates from a commercial or industrial establishment, the owner, operator, or occupier of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Sec. 8-9-120. Suspension of MS4 Access. A. Emergency Suspension Due to Illicit Discharges. The Department of Public Works may, without prior notice, seek the suspension of MS4 discharge access to a Person and/or Premises when such suspension is necessary to stop an Illicit Discharge or Threatened Discharge which presents, or may present, imminent and substantial danger to the environment, to the health or welfare of persons, or to any MS4 or Waters of the State. If the violator fails to comply with a suspension order issued in an emergency, the Department of Public Works may take such steps as deemed necessary to prevent or minimize damage to any MS4 or Waters of the State or to minimize danger to persons. B. A Person commits an offense if the Person reinstates MS4 access to Premises terminated pursuant to this Section without the prior approval of the Department of Public Works. Sec. 8-9-130. Enforcement. A. Oral Notice of Violation. Except where emergency suspension is necessary pursuant to Section 8-9-110(A), the Department of Public Works shall attempt to provide an initial 3898851 Pages: 8 of 12 _ 8 2012-3612 12/27/2012 10:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO ORD2012-12 oral notice to Persons violating this Article. Such notice shall specify the location, type, and severity of the violation and request that such Person take immediate action to address the violation. In the event reasonable efforts to communicate oral notice to such Person are unsuccessful, written notice of violation pursuant to below subsection B. of this Section 8-9-130 shall be issued by the Department of Public Works. B. Written Notice of Violation. If the violation for which oral notice was given pursuant to Section 8-9-130(A) above has not been resolved within fourteen days of such oral notice, or where reasonable efforts to communicate oral notice have failed, and except where emergency suspension is necessary pursuant to Section 8-9-120(A), the Department of Public Works shall provide a written notice of violation to Persons violating this Article. Such notice shall describe the nature of the violation and may require without limitation: 1. That monitoring, analyses, and reporting be performed; 2. That Illicit Connections and Illegal Discharges be abated; 3. That Non-Stormwater Pollution or contamination hazards be abated and/or remediated and any affected property be restored; and/or 4. That source control or treatment BMPs be implemented. If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a reasonable deadline within which such remediation and/or restoration must be completed. The written notice of violation shall be served by hand delivery or by certified mail, return receipt requested. C. Appeal of Written Notice of Violation 1. Any Person receiving a written notice of violation may appeal the determination of the Department of Public Works to the Board of Weld County Commissioners. The notice of appeal must be received within 15 days from the date of the written notice of violation. Hearing on the appeal before the Board of Weld County Commissioners shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the Board of Weld County Commissioners shall be final. 2. If the violation has not been corrected pursuant to the requirements set forth in the written notice of violation, or, in the event of an appeal, on or after the fifteenth day after the decision of the Board of Weld County Commissioners upholding the decision of the Department of Public Works, the Department of Public Works may, pursue an administrative entry and seizure warrant for abatement pursuant to Section 30-15-401(11), C.R.S., in addition to any other available civil or criminal enforcement pursuant to Section 8-9-150. D. Administrative Entry and Seizure Warrant for Abatement. If the time specified for abatement in the written notice of violation has expired, or on or after the fifteenth day after an unsuccessful appeal of the written notice of violation, the Department of Public Works may petition the court for an administrative entry and seizure warrant for 3898851 Pages: 9 of 12 12/27/2012 10:11 AM R Fee:$0.00 .. 9 2012-3612 Steve Moreno, Clerk and Recorder, Weld County, CO ORD2012-12 III MINA I IMtL4,CI PTIONICIe abatement pursuant to Section 30-15-401(11), C.R.S. The Weld County Board of Commissioners may assess the costs of the abatement specified in Section 30-15- 401(11), C.R.S., and such costs shall become a lien against the property from which the cause(s) of violation have been remediated, as further described in Section 8-9-140. Sec. 8-9-140. Collection of Costs. A. Cost of Abatement May Be Assessed. Upon notice to, and failure of, the property owner, operator, occupier, or other responsible party to abate or mitigate the discharge of pollutants, the Department of Public Works, or its designee, may perform the work needed to comply with this Article and any applicable CDPS permit. The whole cost thereof, including five percent for inspection and other incidental costs in connection therewith, shall become an assessment upon the property from which such condition has been abated or remediated. The Department of Public Works shall keep a written record of all such costs which shall be part of the file for the County's Stormwater Management Program required by the County's CDPS permit. B. Assessment Becomes Lien. Any assessment pursuant to this Article shall, once recorded, be a lien against such property until paid and shall have priority based upon its date of recording. In case such assessment is not paid within 60 days after notice is mailed to the property owner, it may be certified by the County Clerk and Recorder to the County Treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this State for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collections of assessments pursuant to this Article. Sec. 8-9-150. Violations, Enforcement and Penalties. A. Criminal Prosecution. Any Person that has violated or continues to violate this Article shall, in addition to any enforcement action authorized by this Article, be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty authorized pursuant to Colorado Revised Statutes, Title 30, Articles 15 and 35, and any other applicable law. Weld County may recover all attorneys' fees, court costs and other expenses associated with enforcement of this Article, including, but not limited to, sampling and monitoring expenses. B. Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Article is a threat to public or environmental health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. Sec. 8-9-160. Remedies Not Exclusive. The remedies listed in this Article are not exclusive of any other remedies available under any applicable federal, state or local laws. It is within the discretion of the Department of Public Works to seek cumulative remedies. 3898851 Pages: 10 of 12 12/27/2012 10:11 AM R Fee:$0.00 2012-3612 Steve Moreno. Clerk and Recorder, Weld County, CO VIII KPrildlikaNnfrom ri t! �,IH l 11111 ORD2012-12 Sec. 8-9-170. Severebility. The provisions of this Article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any Person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Article. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2012-12 was, on motion duly made and seconded, adopted by the following vote on the 17th day of December, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO \dr\ ATTEST: or-7_ :ean -r .y, Chair Weld County Clerk to the B. 1861 1 :• `)3 w'illiam . G. cia, Pro-Tem BY: Deputy Cler . the Board •j 1 / R L (.k �w -t.L k'dt 't ►....�� Barb Kirkmeyer- APP jO1/f D A RM: David E. Long o y t rhey Dougla Rademacher First Reading: November 7, 2012 Publication: November 14, 2012, in the Greeley Tribune Second Reading: November 26, 2012 Publication: December 5, 2012, in the Greeley Tribune 3898851 Pages: 11 of 12 2012-3612 12/27/2012 10:11 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder Weld County. CO ORD2012-12 VIII h1 +PZKA:Vil,itlitril )J AMMAN PAIN Final Reading: December 17, 2012 Publication: December 26, 2012, in the Greeley Tribune Effective: January 1, 2013 3898851 Pages: 12 of 12 12/27/2012 10:11 RM R Fee:s0.00 Steve Moreno Clerk and Recorder. Weld County. CO 1111$Yr+Yl?,tau,{f�'}+p�1f GIliC4�l pal l}��4it!if 1Ai till PAGE 12 2012-3612 ORD2012-12 Hello