HomeMy WebLinkAbout20120360.tiff 3831536 Pages: 1 of 6
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Steve Moreno Clerk and Recorder. Weld County. CO
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WELD COUNTY
CODE ORDINANCE 2012-1
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING AND CHAPTER 29 BUILDING REGULATIONS, 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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 23
ZONING
Amend Sec. 23-1-90. Definitions.
DWELLING, SINGLE-FAMILY (SINGLE-FAMILY DWELLING): A DWELLING UNIT or
MANUFACTURED HOME other than a MOBILE HOME arranged, designed and intended to be
occupied by not more than one (1) LIVING UNIT. The projected view of any exterior wall of a
DWELLING UNIT or MANUFACTURED HOME shall not be less than twenty-four (24) feet.
Amend Sec. 23-3-320. 1-2 (Industrial) Zone District, to add the following:
A and B - No change.
1. Uses allowed by right in the I-1 Zone District.
Renumber current items 1 through 10 to become 2 through 11.
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Ste,,e Moreno, Clerk and Recorder. Weld County, CO
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Amend Sec. 23-3-330. 1-3 (Industrial) Zone District, to add the following:
A and B - No change.
1. Uses Allowed by Right in the I-1 Zone District.
2. Uses Allowed by Right in the 1-2 Zone District.
Renumber current items 1 through 11 to become 3 through 13.
Amend Sec. 23-4-950. Intent and applicability, to read as follows:
A. Parking and operation of one (1) COMMERCIAL VEHICLE may be permitted on lots in
an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed
prior to the adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District and E (Estate) Zone District, through issuance of a Commercial Vehicle
Permit.
ARTICLE X
Enforcement
Amend Sec. 23-10-40. Civil penalties, to read as follows:
A. It is unlawful to erect, construct, reconstruct, alter or use any BUILDING, STRUCTURE
or land in violation of this Chapter. In addition to any penalties imposed pursuant to
Sections 23-10-20 and 23-10-30 above, any person, firm or corporation violating any
such regulation, provision or amendment thereof or any provision of this Chapter may be
subject to the imposition, by order of the COUNTY Court, of a civil penalty in an amount
of not less than twenty-five dollars ($25.00), nor more than one thousand dollars
($1,000.00). It is within the discretion of the County Attorney to determine whether to
pursue the civil penalties set forth in this Article, the remedies set forth in
Sections 23-10-20 and 23-10-30 above, or both. Each day after the issuance of the
order of the COUNTY Court during which such unlawful activity continues shall be
deemed a separate violation and shall, in accordance with the subsequent provisions of
this Section, be the subject of a continuing penalty in an amount not to exceed one
hundred dollars ($100.00) for each such day. Until paid, any civil penalty ordered by the
County Court and assessed under this subsection (A) shall, as of recording, be a lien
against the property on which the violation has been found to exist. In case the
assessment is not paid within thirty (30) days, it may be certified by the County Attorney
to the County Treasurer, who shall collect the assessment, together with a ten percent
(10%) 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 collection of
assessments pursuant to this subsection (A). Any lien placed against the property
pursuant to this section shall be recorded with the Weld County Clerk and Recorder.
B - No change.
C. The Department of Planning Services, through one (1) of its employees, designated by
resolution of the Board of County Commissioners, shall, upon personal information and
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Steve Moreno Clerk and Recorder. Weld County. CO
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belief that a violation of any regulation or provision of this Chapter, give written notice to
the violator to correct such violation within ten (10) days after the date of such notice. If
the violator fails to correct the violation within such ten-day period or within any
extension period granted by the Department of Planning Services, the violator shall be
given a second written notice that the violation matter has been referred to the County
Attorney for legal action, unless the violator requests, in writing, a meeting with the
Director of the Department of Planning Services. Following such meeting, the Director
of the Department of Planning Services may grant the violator additional time to cure the
violation or may request that the County Sheriff or the County Attorney issue a summons
and complaint to the violator, stating the nature of the violation with sufficient particularity
to give notice of such charge to the violator.
Remainder of Section - No change.
CHAPTER 29
BUILDING REGULATIONS
Article XI
Violations and Enforcement
Amend Sec. 29-11-10. Violation, to read as follows:
A and B - No change.
C. It is unlawful to erect, construct, reconstruct, alter, maintain or use any building, structure
or land in violation of this Building Code. In addition to any penalties imposed pursuant
to any other part or subsection of this Article, any person violating any such provision of
this Building Code may be subject to the imposition, by order of the County Court, of a
civil penalty in an amount of not less than twenty-five dollars ($25.00), nor more than
one thousand dollars ($1,000.00); provided that said violation occurred or is occurring on
or after July 1, 1998. It is within the discretion of the County Attorney to determine
whether to pursue the civil penalties set forth in this Section, the remedies set forth in
Section 29-11-20.A, or both. Each day after the issuance of the order of the County
Court during which such unlawful activity continues shall be deemed a separate violation
and shall, in accordance with the subsequent provisions of this Article, be the subject of
a continuing penalty in an amount not to exceed one hundred dollars ($100.00) for each
such day. Until paid, any civil penalty ordered by the County Court and assessed under
this section shall, as of recording, be a lien against the property on which the violation
has been found to exist. In case the assessment is not paid within thirty (30) days, it
may be certified by the County Attorney to the County Treasurer, who shall collect the
assessment, together with a ten percent (10%) 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 collection of assessments pursuant to this section. Any lien
placed against the property pursuant to this section shall be recorded with the County
Clerk and Recorder.
D. In the event any building or structure is erected, constructed, reconstructed, altered,
maintained or used in violation of this Building Code, the County Attorney, in addition to
other remedies provided by law, may commence a civil action in County Court for the
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County in which such building or structure is situated, seeking the imposition of a civil
penalty in accordance with the provisions of this Section.
E. The Department of Planning Services — Building Department, through one (1) of its
employees designated by resolution of the Board of County Commissioners shall, upon
personal information and belief that a violation of any provision of this Building Code has
occurred, give written notice to the violator to correct such violation within ten (10) days
after the date of such notice. If the violator fails to correct the violation within such
ten-day period or within any extension period granted by the Department of Planning
Services-Building Department, the violator shall be given a second written notice that the
violation matter has been referred to the County Attorney for legal action, unless the
violator requests, in writing, a meeting with the Director of the Department of Planning
Services. Following such meeting, the Director of the Department of Planning Services
may grant the violator additional time to cure the violation or may request that the Sheriff
or the County Attorney issue a summons and complaint to the violator, stating the nature
of the violation with sufficient particularity to give notice of such charge to the violator.
F. One (1) copy of the summons and complaint issued pursuant to Subsection E above
shall be served upon the violator in the manner provided by law for the service of a
County Court civil summons and complaint in accordance with the Colorado Rules of
County Court Civil Procedure. The summons and complaint shall also be filed with the
Clerk of the County Court and thereafter the action shall proceed in accordance with the
Colorado Rules of County Court Civil Procedure.
G. If the County Court finds, by a preponderance of the evidence, that a violation of any
provision of this Building Code has occurred, the Court shall order the violator to pay a
civil penalty in an amount allowed pursuant to Subsection C above. In the event that the
alleged violation has been cured or otherwise removed at least five (5) days prior to the
appearance date in the summons, then the County Attorney shall so inform the Court
and request that the action be dismissed without fine or appearance of the defendant.
H. Upon the filing with the Court of a receipt issued by the County Treasurer showing
payment in full of a civil penalty assessed pursuant to this Section and upon the filing of
an affidavit of the Building Inspector that the violation has been cured, removed or
corrected, the Court shall dismiss the action and issue a satisfaction in full of the
judgment so entered. The Court may also dismiss the action upon a motion of the
County Attorney indicating that the matter has been otherwise resolved.
If a receipt showing full payment of the civil penalty or the affidavit required by
Subsection H above is not filed, the action shall continue and the Court shall retain
jurisdiction to impose an additional penalty against the violator in the amount specified in
Subsection C. above. Such additional penalty shall be imposed by the Court upon
motion filed by the County and proof that the violation has not been cured, removed or
corrected. Thereafter, the action shall continue until the filing with the Court of a receipt
issued by the County Treasurer showing payment in full of the civil penalty and any
additional penalties so assessed and the filing of an affidavit of the County Building
Official or that the violation has been cured, removed, or corrected, or until a motion by
the County Attorney to dismiss the action is granted by the Court.
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Steve Moreno Clerk and Recorder. Weld County. CO
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Amend Sec. 29-11-60. Authority to disconnect utilities, to read as follows:
A - No change.
B. Written notice of such order to disconnect service, and the reasons for it, shall be given
within twenty-four (24) hours to the owner and occupants of such building, structures or
premises; provided, however, that in cases of immediate danger to life or property, such
disconnection shall be made immediately without such notice. Where utilities are
provided by a public utility, the Building Official shall immediately notify the serving utility
in writing of the issuance of such order to disconnect.
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 2012-1 was, on motion duly made and
seconded, adopted by the following vote on the 6th day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:... -'1"4"--4"7-140.--- i2 \
Sean P. , Chair
Weld County Clerk to the Board
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S " - 6� iUf-m F. Garcia, Pro-T m
BY:
Deputy lerk to the Bo. MI ( :1/49 i (ll/ / ��N +,1i
ra Kirkmeyer,),/)
APPRO� D FORM: A0 j
David E. Loner
Co t9Att rney ru��� %(&//r-���.�
Douglas Raderllacher
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Publication: November 23, 2011
First Reading: December 21, 2011
Publication: January 4, 2012, in the Fort Lupton Press
Second Reading: January 16, 2012
Publication: January 25, 2012, in the Fort Lupton Press
Final Reading: February 6, 2012
Publication: February 15, 2012, in the Fort Lupton Press
Effective: February 20, 2012
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