HomeMy WebLinkAbout20113307.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2012-1 was introduced on
first reading on December 21, 2011, and a public hearing and second reading was held on
January 16, 2012. A public hearing and final reading was completed on February 6, 2012, with
no change being made to the text of said Ordinance, and on motion duly made and seconded,
was adopted. Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located within the Weld County Administration Building, 1150 O
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,
or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2012-1
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 29 BUILDING REGULATIONS, OF
THE WELD COUNTY CODE
EFFECTIVE DATE: February 20, 2012
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 10, 2012
PUBLISHED: February 15, 2012, in the Fort Lupton Press
,_;zo// 337
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher
of the Fort Lupton Press that the same is a weekly
newspaper printed and published in the County of Weld,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and made and seconded,was adopted.
uninterruptedly in said county of Weld for aperiod of more Effective date of said backupr il,
p ylisted a Any Ordinance material,
than fifty-two consecutive weeks prior to the first exhibits orinformation previously
submitted to the Board of County
publication of the annexed legal notice or advertisement; Commissioners concerning this
matter may be examined in the office
that said newspaper has been admitted to the United of the Clerk to the Board of County
States mails as second-class matter under the provisions theCommissioners,Colocated Am within
Building,
Weld g County Administration
of the act of March 3, 1879, or any amendments thereof, caorado,betweeen the t hours of 8:0y0
and that said newspaper is a weekly newspaper duly a.m. and 5:0O p.m., Monday thm
Friday,or may bte accessed through
qualified for publishing legal notices and advertisements the Weld County Web Page ssges
within the meaning of the laws of the State of Colorado. sent to an individualE-1 Coail messages
sent to an iledCommissioner
That the annexed legal notice or advertisement was may not be included in the case file.
g To ensure inclusion of your E-Mail
published in the regular and entire issue of every number correspondence into the case file,
please of said weekly newspaper for the period of ONE co.weld.co.us.
send a copy to egesick�
ORDINANCE NO. 2012-1
consecutive insertion(s); and that the first publication of ORDINANCE TITLE: IN THE
TTER OF REPEALING
said notice was in the issu f newspaper, dated 15th day AND REENACTING,WITH
of FEBRUARY 2012, the last on the 15th day of AMENDMENTS,CHAPTER 23
FEBRUARY 2012 BUGANDGUAPTER29
BUILDING REGULATIONS,OF
THE WELD COUNTY CODE
NOTICE OF FINAL READING OF
- _ ORDINANCE EFFECTIVE DATE: February 20,
2012
th Pursuant to the Weld County Home
Publisher ascribed and sworn before me, this 15 Rule Charter, Ordinance Number BOARD OF COUNTY
of EBRUARY 2012 reading
was .ember 21, on first COWELMCOUN Y, S
COLORADO
y 2012-1 on introduced and WELD COUNTY,C
/ a publrc hearing and second reading
was held on January 16, 2012. A DATED: February 10,2012
public hearing and final reading was PUBLISHED: February 15,2012,in
completed on February 6,2012,with the Fort Lupton Press
ftep> l IC. no n being made to the text of
said mane,apg qn motion duly , 6 , r ,
I C)
T °F G \17
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My Commission Expires : 02/02/2014
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2012-1 was introduced on
first reading on December 21, 2011, and a public hearing and second reading was held on
January 16, 2012, with no change being made to the text of said Ordinance. A public hearing
and third reading is scheduled to be held in the Chambers of the Board, located within the Weld
Count Administration Building, 1150 O Street, Greeley, Colorado 80631, on February 6, 2012.
All persons in any manner interested in the next reading of said Ordinance are requested to
attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located within the Weld County Administration Building,
1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us).
E-Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2012-1
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 29 BUILDING REGULATIONS, OF
THE WELD COUNTY CODE
DATE OF NEXT READING: February 6, 2012, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: January 19, 2012
PUBLISHED: January 25, 2012, in the Fort Lupton Press
&o//- .
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
NOTICE OFD OND R NC'
I, Allen Messick, do solemnly swear that I am the Publisher OF
of the Fort LuptonPress that the same is a weekly Pursuant to the Weld Ca Rome
Rule Charter, Ordinance iw+mber
newspaper printed and published in the County of Weld, 2612-1 was introduced o" r'ret
readmy on December 21,2011 r and
State of Colorado, and has a general circulation therein; a public heanng and secend reading
that said newspaper has beenpublished continuously and was heId on January 16,2012,witli
no change being made to the text
uninterruptedly in said county of Weld for a period of more of said ordinance: Apublic hearing
than fifty-two consecutive weeks prior to the first heldd t n�the Crd hambers o is f Mle Board.
located within the Weld count
publication of the annexed legal notice or advertisement; Administration Building, it 0631 0
,on
Street,Greeley,Colorado 60631
that said newspaper has been admitted to the United Feb ua 6,2012.A 1pensext renang
States mails as second-class matter under the provisions mannerinterestea ntne neat reading
of said Ordinance are requested to
of the act of March 3, 1879, or any amendments thereof, Pea�and tac )
bwee Clerk to the
and that said newspaper is a weekly newspaper duly Board's Office at phone or sfax
qualified for publishing legal notices and advertisements (970) 35 Ex ension 4225, ffax
or th 352 024? prior to the day
within the meaning of the laws of the State of Colorado. of the hearing .1, as a result o e
disability, you require reasonable
That the annexed legal notice or advertisement was aocom ations in. order to
participate in thistigexhibits or
published in the regular and entire issue of every number Any
backup
aackuption p material,submitted to
of said weekly newspaper for the period of ONE the Board of county Commiss ones
consecutive insertion(s); and that the first publication of concerning this matter may be
examinedin the office of the Clerk to
said notice was in the issue of newspaper, dated 25th day tneBoa d cocated �uih G°W lit County
of JANUARY 201 and the last on the 25th day of i AStreet dministration lding,Colorado,1150 ?I
JANUARY 2012 the hour of 8.00 a.m. and 5.00
p.m., Monday through Fth ey..or
may be accessed threuu h.WId.
\ County Web Page ( sent to
\ co.us).. E-Mail messages r may
Publis , ubscribed and sworn before me, this 25th an individual Commissroca
not be included,in the case file.
day of JANUARY 2012 To ensure inclusion of your E-Mad
F� correspondence iMd the case..file,
1 / sendacopy to egeswk®
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012-1
Notar Public. INTHE
LING
pMAPTER 23
nt:,�\ I Or ZONING AND CHAPTER 29
T� BUILDING REGULATIONS OF
4� r. DATE OF NEXT READING.INNG:
i February 6.012,at 9:00 a.m.
I COMMISSIONERS
(TA 7 WELD COUNTY,COLORADO
DATE January 19,2012
>�� �;� PI-WISHED: January 25,2012,in
\�Oc �k<C'` the Fart Lupton
O\
My Commission Expires : 02/02/2044--
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 1-1 Zone District.
Renumber current items 1 through 10 to become 2 through 11.
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 1-1 Zone District.
2. Uses Allowed by Right in the 1-2 Zone District.
Renumber current items 1 through 11 to become 3 through 13. A00- 3301
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 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 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.
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.
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2012-1 published
above, was introduced and, on motion duly made and seconded, approved upon first reading on
December 21, 2011. A public hearing and second reading is scheduled to be held in the
Chambers of the Board, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado 80631, on January 16, 2012. All persons in any manner interested in the
reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located within the Weld County Administration Building, 1150 O
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,
or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
SECOND READING: January 16, 2012, at 9:00 a.m.
THIRD READING: February 6, 2012, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 28, 2011
PUBLISHED: January 4, 2012, in the Fort Lupton Press
PROOF OF PUBLICATION - I --
FORT LUPTON PRE WHEREAS, the Board of Conn Unfit
STATE OF COLOR County paid,any civil penalty ordered by law,may commencertMthe civil action
Commissioners o the o the Weld, State o Colorado County of
underr this subsectionty Courtn(A)shalsas whch in usuch building orestructurree is
to Colergo solute and the Weld of recording, be a lien latest the situated,seeking the imposition of e
COUNTY OF WELD counNHomaRuteCharter,isvested proparty on which the violation has civil Pena ty in acco dance with the
with tfihe eNhgriry of administerig bream dud o exist. In case the prowsons of this Section.
the affairs of Weld County,Colorado, assessment is not paid within thirty
I, Allen Messick, do solemnly swear that and
(30) days, k may e certified by E. The Department of Planning
the County Attorney to the County Services - Building Department,
of
of the Fort Lupton Press that the WHEREAS,the Boa DecOf ember
Treasurer, who shall collect the through one (1) of its employees
Commissioners Dea cember 8, assessment together with a ten designated by resolution of the
newspaper printed andpublished in tf 2000,adopted 2000-IWeld ena r, Code
Ortgnence 2000-1,enacting a Percent (10/0) penalty or the cost Board of County Commissioners
State of Colorado, and has a generalS of collection,in the same manner as shall, upon personal information
comprehensive Code for the County other taxes are collected. The laws and belief that a violation of any
p of Weld,including the codification of of this state for assessment and provision of this Building Code has
that said newspaper has been ublishe all vmusl ado rmaneinn tar the lawsn or generalsale tads,including occurred, gioe written notice to the uninterruptedly in said county of Weld f enadeaonotn resota dale of ate laws orthe seised hall apply
violator o co et' such violation
adoption,on
Property for taxes, shall apply within ten (10) days after the date
fifty-two consecutive weeks to mecollection of assessments of such nonce. If the violator fails to
-WHEREAS, it Weld County ursuant to this subsection(A). Any correct the violation within such ten-
thanpublication of the annexed legal nottcc Code hln neesef revision lien placed against the property day period or within any eartme t
that said newspaper has been admi and clarification with a and pursuant to{this section shy l be period granted by the Department to procedures,(arms,and recorded with the Weld County Clerk of Planning Services-Building
States mails as second-class matter u requirements therein. and Recorder. Department,nas
•
l the violator shall be
of the act of March 3, 1$79, or any ar B-No change. given a second written notice that the
NOW THEREFORE,BE IT violation matter has been referred to
ORD�SINED bythe eoard oCounty C. The Department of Plannin unlessountvme ling wit rthe Distioa
and that said newspaper is a week Chmmissz-rso-fco County pa g V
or Weld,State of Colorado,that Services, through one (1) of writing, a meeting with the Director
qualified for publishing legal notices F certain existing Chapters of the its employees, designated by of the Department of Planning
Weld County Code e,and hereby resolution of the Board of oo Services. Following such tm meeting,
within the meaning of the laws of the are,repealed and re-enacted, Commissioners,andbshall,belief
fuat upon personal the Sr of the, Department e That the annexed legal notice or with amendments,and the various informationanyruatiobelr proviiniof this Planning Services may grant thof
e Chapters are revised to read as of any regulation or provision of this violator additional time to cure the
published in the regular and entire issl follows-
within
give written notice tl the violation th may request that the
violator to correct such violation Sheriff or the County Attorney issue
of said weekly newspaper for the CHAPTER 23 ZONING within ten (10) days after the date a summons and complaint to the
of such notice. If the violator fails to violator, stating the nature of the
consecutive insertions ; and that thl correc the violation within such ten- violation with sufficient particularity
Amend Sec.23-1-90.Definitions. dot
said notice was in the issue of news y period or ervice any extension to give notice of such charge to the
p .DWELLING, SINGLE-FAMILY of tad granted
Beby the
Department throot violator.
of JANUARY 2012, and the lest Oi (SINGLE-FAMILY DWELLING): shall be given a second written E One (1) copy of the summons
1 A DWELLING UNIT or notice that the violation matter has and complaint issuedpursuantJANUARY 2012 MANUFACTURED HOME other been referred to the County Attorney Subsection E above shall be sery to
ed
I thanmanner
a MOBILE HOME arranged, for legal action, unless the violator upon the violator w in the maenof
designed and intended to be requests, in writing,a meeting with
ocou tee b not more than one.(1) provided by law for the service of
p y ( ) the Director of the De artment a County Court civil summons and
LIVING UNIT. The projected viewp
of any exterior wall of a DWELLING of uch)Planning
gee the Diirectoolof the Coloradot in Rules of County ilCourt
Publishe/r, Su cribed and sworn UNIT"or MANUFACTURED HOME Department of Planning Services Civil Procedure. The sunimons and
also be filed with
day Of J shall not be less than twenty-four may tlticomplaint
(24)feet' to cure theviolation orrequest the Clerk of the County 1 Court and
Amend Sec. 23-3-320. 1-2 that
y0 issueriff or summone s and anccordance wfter the thfthe Colorado Rulesull in
es
jl19( (Industrial)Zone Distract,to add the complaint to the violator,stating the of County Court Civil Procedure.
A following: nature of the violation with sucient
/`' A and B-No change. particularity to give notice of such G. If the County Court finds. by a
9 charge to the violator.
I/ pia nveraton of the evidence,
that 1. Uses allowed by right in the I-1 Remainder of Section-No change. this a
Building Codef has occurrred,the
Zone Distnct.
CHAPTER 29 Court shall order the violator to pay
I • Renumber current items 1 through a civil penalty in anec amount allowed
\\' 10 to become 2 through 11, g BUILDING REGULATIONS pursuant o t the1-3 alleged violation
Violations and Enforcement has been least (5)enas(Industrial)Zone District,to add the removed at pasr five (te day's
followig:- AmWnas.L 2sx 10prior u to , appearance ou A in the
A and B- - read as follows: °°•to summons,then the County Court
No change. shall so inform the Court and
A and B-N04ian request that the action be dismissed
Be. without fine or appearance of the
1. Uses Allowed by Right in the I-1
My Commission Expires : 02/0 Zone DistrictC. It is umdefendant.await to erect,construct,
ntain usean2.Uses Allowed by Right In the 1-2 bu reconstructs/ter,structure or landin or
of a receipt issued l bynthe County
Zone District. of this Buildig Code. In addition to Treasurer showing ty
current'tams 1 through anyyy penalties imposed pursuant to of a civil payment ed in an
Renumber to become 3 Rntjte 13. any
Article,o en part ox.subsection of this to this Seccetionland upon thpursuant filing
such rovisloy n oflhis Bu Ild ng Code that affidavit
of the o a on has Inspectorbeeu
Amend
Sec. 23-4-96 Intent and ma pbe
applicability,to read as Nfoxs:- by order ofb'ei ct to the our, of a removed dismiss c tio, the Coue
. Couoty Court, lef s a hall a on the action and issue
A.Parking antl.ope - of one(1 the p twenKn7ly g-mount rs of not less a entered
in full of the judgment
COMMERCIAL VE may be not m�o� 1�- ynt�lars ($25.00), so i snared.
permitted on lots in a red or ousaa dollars dismiss the The tAtt Court
y may n also
recorded subdivision pia, o (p.out c,isIged that said of the County upon motion
w
which are part of a map o;. violation after
occurred c, is occurring on that the mattr has been me otherwise
filed ,plan or July o 1, Co It is Attorney e the resolved
prior to the adoption of any discretion of the C
regulations controlHnnnggg subdivisions oGnurueth to
in the A(Agricultural Zone Distnct pee hies s forth uhis Sec , I. If a receipt showing h =davit
t merit
and E(Estaae)ZoneDistrict through penalties i set set • this ionti29; requiredof the cib9 p
issuance of a Commercial Vehicle the remedies o both. in ay fen the by Penalty shall Hn nun a is
Permit. issuance
or -ch day after the he Court
t swoon shall j continue and
issuance of the o snot the County the Court shall retain junsdiction n to
ARTICLE X Court during which such unlawful impose an additional
Enforcement activity continues shall be deemed the violator in the amount aveSuh
a separate violation and shall, in in Subsection C. above. Such
Amend Sec. 23. accordance with the subsequent specified
psd
10.10. Civil provisions of this Article, by by the Court ol penalty shall aimp
penaltes,to read as folows: subject of a continuingre tan C the u imposed
Amend
penalty in eand County and proof ured,re filed by
r
A. It is unlawful to erect,construct, amount not to exceed one hundred has not been co
reconstruct alter or use any oilers ntl paid,
any each nacy shale �• remooetl or
BUILDING, STRUCTURE or lan day rd paid, civil ° areceae the bathe
in violation of this Chapter. In ordered by the Penalty shall continue unfit the'filing wi}h
addition to any p County Court and the my Court' a a receipt issued ipayment by the
P assessed under, this section against nt County Treasurer showing any
pursuant to Setioonsa23 10 imposed
the of recording, be23-1O.90 above, anproperty on n9. hi a lien inn full additionalf the civil penalty and any yy person, firm has beenefou d to exist ffIn e casslee the and the ofltan afcofidavt of three
or regulation, provision vamiolating
such
assessment is not filing
thereof ul or any (30) days, it maybe within thirty County Building been said or that the
provision of this County certified County y violation rcoe has aired'motion ro b
may be subject to the Treasurer, whom shall colle the the County Attorney to dismiss the
imposition,by order of the COUNTY corrected, or until a 6t'
Court, ofa civil penalty in an assessment together with a ten action k granted by the Court.
amount of not less than twen five percent (10 ) snotty for the cost
ty- of collection,in Pte same manner as Amend Sec. 29-11E0. Authority
dollars($2 dollars r,nor,000.than tans ofh this state
ere for ses. The laved to disconnect utilities, to read as
WELD COUNTY CODE thousand ($1,000.00. It is
ORDINANCE 2012.1 ) of nofe ne saxs,incl ang ollows:Attorney the
discretion
the
whether County t collection for general ones,including
IN THE MATTER OF REPEALING Pursue the civil penalties set forth of the laws the sale and redemption A-No change.
ply
AND REENACTING WITH in this Article,the remedies set forth to property ctr of, shall bents AMENDMENTS, CHAPTER 23 in Sections 23-10-20 antl 23-10-30 p the collection of assessments Written notice of such order to
ZONING AND CHAPTER 2g above,or both. Each day after the pursuant to this section. Any lien disconnect service,and the reasons
nd
BUILDING REGULATIONS, 29 issuance of the order of the COUNTY Placed against the property pursuant for it, shall be to t within twenty-
THEWELDCOUNTYCODE Court during which such unlawful h this section shall d recorded with four 24 hours to
activity continues shall be deemed the County Clerk and Recorder
THE ocoupan�sofsuch buildng shuctures
BE IT ORDAINED BY THE BOARD a separate violation and shall, in or premises;provided,
DF COUNTY COMMISSIONERS accordance with the d subsequent D. In the event any building or in cases of immediate
however,that
DF THE COUNTY OF WELD, provisions of this Section, be the recasts is enacted, constmctee, mmediae danger to life
STATE OF COLORADO: subject of a continuing penal in an or used in vita altered, maintained
amount not to exceed one hundred or used in violation of this Building ■see LEGALS
dollars($100.00)for each such day. .addition e
ootherty Attorney, in
remedies provided
Page 9
any reason held or decided to be Extension 4225, or fax 970)352- DATED: December 29,2011
unconstitutional,such decision shall 0242,poor to the day of the hearing PUBLISHED: January 4,2012,in
n4 Sotto validity of the remaining If as the result of eaccotVita the Fort Lupton Press
•
hereof. The Board of require reasonable
wrey Commissioners hereby in order to participate in this hearing.
dictates that it would have enacted Any backup materiel, exhibits or
this Ordinance in oath and every Information submitted b
or properly,smell deceri 1eeko shell section, subsection, paragraph . the Board County Commissioners
be made imn.SSt'east such sentence,clause.and phrase thereof•
concerning this matter may be
notice. When am are provided irrespective of the fad that any one examined,n the office of the Clerk to
by a public uutltllk�yy,,the Mahe Official or more sections, subsedbns, the Board of Commissioners,
shall immedlaYly notify the serving paragraphs, sentences, clauses, located within the Weld County
utility in writ'np of the issuance of or phrases might be declared to be Administration &aldinp� 1150 O
such order to discorknect. unconstitutional or invalid. Street,Greeley„between
the hours of 8:00 a.m. and 5:00
BE IT FURTHER ORDAINED by the NOTICE Lm.,ac= thou Friday, or may
Board that the Clerk to the Board be, be oceaeed through be Weld
and hereby is, directed to arraangoe PURSUANT to the Weld County County Web Page www.co.weld.
for
Colorado
ldCountynCode Number mbR2012-1 Charter, Ordinance
an indMdu l Corr m-Mail massages sent ay
with the amendments contained was Introduced and,on motion duly. not be Included in the case Be.
herein, to coincide with chapters made and seconded, approved To ensure Inclusion of your E-Mail
articles, divisions, sections, and upon first reading on December correspondence into the case file,
subsections as they currently exist 21, 2011. A public heating and please send a copy to egearkQ
, within said Code; and to resolve second reading is scheduled to be co.weld.co.us.
any inconsistencies regarding held in the Chambers of the Board,capitalization, grammar, and located within the Weld County SECOND READING: January 16,
numbering or placement of chapters Administration Building, 1150 Q 2012,at 9:00 a.m.
articles, divisions, sections, and Sheet, Greeley, Colorado 80631, THIRD READING: February 6,
subsections in said Code. on January 16,2012. All persons In 2012,at 9:00 a.m.
any manner interested in the reading
BE IT FURTHER ORDAINED by of said Ordinance are requested to BOARD OF COUNTY
the Board if any section,subsection, attend and may be heard. Please COMMISSIONERS
paragraph sentence, clause, or contact the Clerk to the Boards WELD COUNTY,GQLQRAQQ,
phrase of this Ordinance is for' 'office'at phone (970) 3387215,
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing
will be held before the Weld County Planning Commission in the Hearing Room, Weld County
Administration Building, 1150 O St., Greeley, Colorado, for the purpose of considering amendments to
certain sections of the Weld County Code, as currently amended. A subsequent First Reading will be
held with the Board of County Commissioners of Weld County, Colorado, in the Hearing Room, Weld
County Administration Building, 1150 O Street, Greeley, Colorado 80631, at the date and time specified
below, and a Second and Third reading of said Ordinance will be considered on January 16, 2012 and
February 6, 2012.
The complete case file may be examined by calling the Department of Planning Services at (970)
353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of
County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file prior to the Planning Commission hearing,
please call the Department of Planning Services to obtain the appropriate contact information.
For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail
egesick@co.weld.co.us.
If a court reporter is desired for either hearing, please advise the Department of Planning
Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of
engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with
Disabilities Act, if special accommodations are required in order for you to participate in this hearing,
please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, or the Clerk to the
Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before
the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of
quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at
the numbers above, for hearing continuance information.
DOCKET#: 2012-04
PLANNING COMMISSION DATE: December 6, 2011
TIME: 1:30 p.m.
BOARD OF COMMISSIONERS DATE: December 21, 2011
TIME: 9:00 a.m.
PLANNER: Bruce Barker and Tom Parko
REQUEST: Code Ordinance #2012-1, In the Matter of Repealing and Reenacting, with Amendments, A
portion of Chapter 23 Zoning and Chapter 29 Building Regulations of the Weld County Code.
PLANNING COMMISSION
WELD COUNTY, COLORADO
DATED: November 18, 2011
PUBLISHED: November 23, 2011, in the Ft. Lupton Press
2011-3307
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher
of the Fort Lupton Press that the same is a weekly
newspaper printed and published in the County of Weld,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and
uninterruptedly in said county of Weld for a period of more
than fifty-two consecutive weeks prior to the first NOTICE If a court reporter is desired for
publication of the annexed legal notice or advertisement; se tite
Pursuant to the zoning laws of the either heanng i of ingadviServices
that said newspaper has been admitted to the United State
tyof Colorado and the Weld or .Clerk to the Boadrad�=ss Office,
States mails as second-class matter under the provisions DCa held before public
Weld hearing
ntyl in
writing,
least Th five
osst ofenprior
girg
of the act of March 3, 1879, or any amendments thereof, Planning Commission in the Hearing a court reporter shall be borne by
Room, Weld County Administration the requesting party. In accordance
and that said newspaper is a weekly newspaper duly latol 1150 O St., Greeley, with the Amencans with Disabilities
o for the purpose of Act,if special accommodations are
qualified for publishing legal notices and advertisements considering amendments to certain uired in order for you to participate
sections of the Weld County Code, in this hearing please contact the
within the meaning of the laws of the State of Colorado. as currently amended.Asubsequent Department of Planning Services
That the annexed le al notice or advertisement was First Reading will be held with the at(970)3536100 Ext.3519,or the
g Board of Carroty Commissioners Clerk to the Board's Office at(970)
of Weld published in the regular and entire issue of every number Hearing Room, ColWeld orado,Countyin theo3 thenr.5a' ng.All s to the scchedrld
of said weekly newspaper for the period of ONE Administration Building 1150 before the Planning Commission or
Street,Greeleyr Colorado 80631,at Board of County Commissioners are
consecutive insertion(s); and that the first publication of the date and time specified below, subject to continuance,due to lack
said notice was in the issue of newspaper, dated 23rd day id OrdinanceSecond willd
be�>dere Depa quorum or
of Panning Services
on January 16,2012 and February or the clerk to the Board=s Office of NOVEMBER 2011, and the last on the 23rd day of
The coatat the numbers above, for hearing
NOVEMBER 20 1 examinedpbycallin th file eparrtmenbt continuance information.
2 Old
of Planning Services at (970) PLANNING COMMISSION DATE:
353-6100 to make arrangements December 6,2011
-- with the case planner, or at the TIME: 1:30 p.m.
office of the Clerk to the Board BOARD OF COMMISSIONERS
Publis , ubscribed and sworn before me, this 23rd of County Commissioners, Weld DATE:December 21,2011
County Administration Building, TIME: 9:00 a.m.
day of NOVEMBER 2011 1150 o Street, Greeley, Colorado PLANNER: Bruce Barker and Tom
80631. E-Mail messages sent to Parko
(c an individual Commissioner may REQUEST:Code Ordinance g2012-
not be included in the case file. 1, In the Matter of Repealing and
To ensure inclusion of your E-Mail Reenacting with Amendments, A
Not PuBlic;-- correspondence into the case file portion of Chapter 23 Zoning and
prior 6o the Planning Commission Chapter 29 Building Regulations of
C>-- - g hearing,please call a Department the Weld County Code.
r•. of Planning Services to obtain the PLANNING COMMISSION
appropriate contayct information. For WELD COUNTY,COLORADO
'i prior te the oard of Commissioners rs PUBL SHED November 23, 2011,
1,� headng E-mail egesidk@co.weld, in the Ft.Lupton Press
co.us.
TOF ( '
My Commission Expires : 02/02/2014
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