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Home My WebLink About20101713.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2010-7 was introduced on first reading on May 24, 2010, and a public hearing and second reading was held on June 7, 2010. A public hearing and final reading was completed on June 21, 2010, 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 in the Weld County Centennial Center,915 10th Street, Third Floor, 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. 2010-7 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 15 VEGETATION, OF THE WELD COUNTY CODE EFFECTIVE DATE: June 29, 2010 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 22, 2010 PUBLISHED: June 24, 2010, in the Windsor Beacon 2010-1713 Account#: 346067 Your Local Newspaper Since 1896 • t r, f I t 1 r� Win dsor Beacon a_n 1 :..i 9n i,. O STATE OF COLORADO ) w .- ss:AFFIDAVIT OF PUBLICATION COUNTY OF WELD ) NOTICE OF FINAL READING OF ORDINANCE Char- ter,Pursuant toCa Was County Home Rule char- Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the tar,ordnance Number 2010-7 was Introduced g P Y g on fast reading on May 24.2010.and a public Windsor Beacon; that the same is a weekly newspaper of general circulation and printed and hearing and second reading was held on June 7,2010. A public hearing and final reading was published in the town of Windsor, in said county and state; that the notice or advertisement, of completed ingmade to thJtie text 21,of said with no cha and which the annexed is a true copy,has been published in said weekly newspaper for being the 2 Ordinance,and on motion duly made and seconded, was adopted. Effective date of said Ordnance is 1 Week; listed below. Any backup materiel, exhibits or information e �aubmitners t ederningthismatter�� that the notice was published in the regular and entire issue of every number of said newspaper Cexamined in the office of the Clerk to the during the period and time of publication of said notice, and in the newspaper proper and not in a Board of County Commissioners, located in the Weld County Centennial Center,915 10th supplement thereof; that the first publication of said notice was contained in the issue of said Street,Third floor,Greeley,Colorado,between newspaper on the hours of 8:00 am.and 5:00 p.m.,Monday thm Friday.or may be accessed through the I Weld County Web Page(www.co.weld.co.us). Thursday,June 24,2010 E-Mail messages sent to an ndiidual Com- missioner may not be included in the case file. To ensure hcluslon of your E-Mal correspond-I that the last publication thereof was contained in the issue of said newspaper on once into the case tie.please send a copy to egesIck@co.wea.co.us. ORDINANCE NO. 2010-7 Thursday,June 24,2010 ORDINANCE TRLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENrs, CHAPTER 15 VEGETATION, that said Windsor Beacon has been published continuously and uninterruptedly during the period OF THE WELDCOUNTY CODE EFFECTIVE DATE: June 2g,2010 P I of at least six months next prior publication to the first of said notice or advertisement above BOARD OF COUNTY COMMISSIONERS referred to;that said newspaper has been admitted to the United States mails as second-class matter I WELD COUNTY.COLORADO DATED: June 22,2010 under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said PUBUSHED: June 24, 2010, In the Windsor newspaper is a daily newspaper qualified for publishing legal notices and advertisements Beaconduly g .0034160274 within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the County of Weld,State of Colorado this Wednesday,June 23,2010 • M.-- lhiSSit '•:.'res: a/051/-1-) NO ? 5O( .. ....i,R.. e.:.: S N 4 ' t_ p 1 / Notary Public it%h A- ...nix rS Legal No.0034160274 Delivered to: Invoice Text NOTICE OF FINAL READING OF ORDINANCE Ordinance 2010-7 WELD COUNTY CLERK TO THE BOARD, 915 10TH ST Affidavit Prepared GREELEY,CO 80631-1117 Wednesday,June 23,2010 1:23 pm NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number #2010-7 was introduced on first reading on May 24, 2010, and a public hearing and second reading was held on June 7, 2010, 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, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on June 21, 2010. 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 in the Weld County Centennial Center, 915 10th Street, Third Floor, 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. 2010-7 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 15 VEGETATION, OF THE WELD COUNTY CODE DATE OF NEXT READING: June 21, 2010, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 8, 2010 PUBLISHED: June 10, 2010, in the Windsor Beacon Account#: 346067 }her Inca(Vreuupnper Since 189(1 Windsor BeacotHiTY %5:q „„ , , A 9: 71 NOME Of STATE OF COLORADO ) - ` SECOND READING OF ORDINANCE )ss:AFFIDAVIT OF PUBLICATION - w "" ' `' Pursuant to the Weld County Home Rule Char- ter. Ordinance Member #2010-7 was intro- COUNTY OF WELD ) duced on first reading on May 24,2010,and a public hearing and soriond reading was held on June 7,2010,with no charge being made to the text of said Ordinance. A pudic hearing and third reading a scheduled to be held in the Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the Chambers of the Board, First Boor Hearing P Y g Room, 915 10th Street, Greeley, Colorado Windsor Beacon; that the same is a weekly newspaper of general circulation and printed and 80631, on June 21, 2010. All persons b any manner interested in the next reading of said published in the town of Windsor, in said county and state; that the notice or advertisement, of Ordinance are requested to attend and may which the annexed is a true copy,has been published in said weekly newspaper for be heard. Please contact the Clerk to the Boards Office at phone(970)336-7215, Extension 4225,or 1 Week; 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 par- that the notice was published in theregular and entire issue of every number of said newspaper tbipate in this hearing. Any backup material, exhibits or information during the period and time of publication of said notice, and in the newspaper proper and not in a previously submitted to the Board of County Commissioners concerning the matter may be supplement thereof; that the first publication of said notice was contained in the issue of said examined in the office of the Clerk to the newspaper on Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street,Third Roar,Greeley,Cobrado,between Thursday,June 10,2010 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.web.co.ue). that the last publication thereof was contained in the issue of said newspaper on E-Mad messages sent to an indMdual Dim- missbner may not be included in the case file. To ensure inclusion of your E-Mail correspond- Thursday,June 10,2010 ence into the case file,please send a copy to egesbk®co.weld.co.us. ORDINANCE NO. 2010-7 that said Windsor Beacon has been published continuously and uninterruptedly during the period ORDINANCE PENG INGAND REENACTING, WF atleast six months next prior D: IN THE MATTER 'OF publication of to the first of said.notice or.advertisement above AMENDMENTS, qii&PTER 15 VEGETATION. referred to;that said newspaper has been admitted to the United States mails as second-class matter OF THE WELD COUNTY CODE DATE OF NEC READING: June 21, 2010.at under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said 9:00 a.m. newspaper is a daily newspaper qualified for publishing legal notices and advertisements BOARD OF COUNTY COMMISSIONERSduly g WELD COUNTY,COLORADO within the meaning of the laws of the State of Colorado. DATED: June 8,2010 PUBLISHED: June 10, 2010, n the Windsor Beacon 0034159318 Legal Clerk \\`\0PlN,tll[[l n Subscribed and sworn to before me,within the County of Weld,State of Colorado this Wednesday,June 09,2010 V�r ^y ly Commission expires: b y/O Q4 o i 9- PO_ . ��•. "- .•Q Notary Public :'%O a"''' Legal No.0034159316 - Deliv-eed to: Invoice Text NOTICE OF SECOND READING OF ORDINANCE 2010-7 2nd Reading WELD COUNTY CLERK TO THE BOARD, 915 10TH ST Affidavit Prepared GREELEY,CO 80631-1117 Wednesday,June 9,2010 8:49 am aolo- 1n to WELD COUNTY CODE ORDINANCE 2010-7 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 15 VEGETATION, 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 15 VEGETATION Amend Article III title to read as follows: ARTICLE III Prescribed or Intentional Burns Amend Sec. 15-3-10. Purpose. The Board of County Commissioners, pursuant to the authority granted in Sections 30-15- 401(1)(n.5) and 30-15-401(2)(a)(II), C.R.S., as amended, hereby promulgates regulations to regulate prescribed or intentional burns on properties of certain detailed sizes in those area(s) of Weld County and for such period(s) as are described in the Enactment and Enforcement Resolution. These regulations are necessary because of typically continued dry conditions in Weld County for extended periods of time. Amend Sec. 15-3-20. Application; jurisdiction; procedure. The regulations contained in this Article shall apply to, and be enforceable within,that area of Weld County detailed by the Board of County Commissioners in its Enactment and Enforcement Resolution. It shall be the duty of the Sheriff to enforce the regulations. The County Court shall have jurisdiction in prosecutions of violations of the regulations. Simplified County Court Procedures, as set forth in Section 16-2-101, et seq., C.R.S., shall be applicable to prosecutions of violations of the regulations contained in this Article. Any summons and complaint brought in the County Court for violation of any of the regulations set forth herein shall be filed in the name of the County of Weld, by and on behalf of the People of the State of Colorado, with all process issued from the County Court likewise denominated. The County Attorney shall be empowered to enforce the regulations and to appear and prosecute for the County of Weld by, and in the name of,the People of the State of Colorado, in any proceeding in the County Court involving a violation of the regulations contained in this Article. Amend Sec. 15-3-30. Definitions. Unless specifically stated otherwise,the following words have the following definitions in this Article: Enactment and Enforcement Resolution means a Resolution of the board of County Commissioners duly approved at a regular or special meeting of the Board,which prohibits prescribed or intentional burns on properties of certain detailed sizes in those area(s) of Weld County for such period(s) as are described therein. Irrigation structure means any ditch, canal, conduit, reservoir, race,drain,flume, inlet, outlet,and/or spillway used for irrigation purposes and often cleaned of grasses, weeds, and other combustible debris by means of controlled burning. Prescribed or intentional burn means the intentional fire ignition and controlled burning of grasses, weeds, and other combustible materials on properties for the purpose of clearing the same, managing fuels, and/or providing habitat for wildlife, on properties being of a certain number of acres in size, as detailed in the Enactment and Enforcement Resolution, excluding the areas immediately surrounding irrigation structures. Sec. 15-3-40. Prohibited acts. Prescribed or intentional burns conducted within the area(s)described in the Enactment and Enforcement Resolution, during the time period(s) stated therein, are prohibited. Remainder of Sections - No change 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 sub sections 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 sub-sections 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 2010-7 published above, was introduced and, on motion duly made and seconded, approved upon first reading on May 24, 2010. A public hearing and second reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on June 7,2010. 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 in the Weld County Centennial Center, Third Floor, 915 10th 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: June 7, 2010, at 9:00 a.m. THIRD READING: June 21, 2010, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 21, 2010 PUBLISHED: May 27, 2010, in the Windsor Beacon WELD COUNTY CODE ORDINANCE 2010-7 IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS.CHAPTER 15 VEGE- TATION.OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO: WELD.-Newspaper Since 1896 WHEREAS,the Board of County Commissioners of the County of Weld.State of Colorado,pur- }};� T V scant to Colorado statute and the Weld County Home Rule Charter, a vested with the euthordyl� IIEea,_cI,cirjtf,1�U l i I1of administering the affairs of Weld County,Colorado,antlWHEREAS,the Board of County Commissioners on December 28,2000,adopted Weld Coun- [M1`� ty Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld,including IMIIIIIIIMMINIIIMINIMMIESIMMINIM the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption,and '-ff ll 1 1 I /y 1(1- 5 S the Weld County Code is in need of revision and clarification with regard to proce- Ldi3 J°r - t dunes,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 arc revised to readEFlDAVIT OF PUBLICATION J `+—•�as follows. r CHAPTER 15 VEGETATION Amend Article III title to read as follows: ARTICLE III Prescribed or Intentional Bums ' Amend Sec.15-3-10.Purpose. The Board of County Commissioners,pursuant to the authonty granted in Sections 30-15-g duly sworn, deposes and says that said is the legal clerk of the 401(1)(n 5)and 30-15-401(2)(a)pp,C.R.S.,as amended,hereby promulgates regulations to pro-is a weekly newspaper of general circulation and printed and hibit regulate prescribed or intentional burns of property tying within that area of Weld County which is described in Section 15-3-20, belowon properties of certain detailed sizes in those)r, in said county and state; that the notice or advertisement, of h area(s)of Weld County and for such period(s)as are describedin the Enactment and Enforce_has been published in said weekly newspaper for ment Resolution. These regulations are necessary because of Icall continued dry condi- lions,the existence of abundant grassland fuels,and patterns of private ownership incongru- ousy interspersed with federally owned lends of the Pawnee National Grasslands in Weld Coun- ty for extended periods of time. Amend sec.15-3-20.Application;jurisdiction;procedure. The regulations contained in this Article shall apply to,and be enforceable within,the that area of Weld County lying north of Weld County Road(•'WCR")86,west of WCR 157,and east of the regular and entire issue of every number of said newspaper IJ.S.Highway 85("NSA")detailed by the Board of County Commissioners in its Enactment and)lication of said notice, and in the newspaper proper and not in a Enforcement Resolution. It shall be the duty of the Sheriff to enforce the regulations. The Coun- ty Court shall have junsdiction inprosecutions of violations of the regulations.Simplified Counry.t publication of said notice was contained in the issue of said Court Procedures,as set forth in Section 16-2-101,et seq.,C R.S.,shall be applicable to prose- cutions of violations of the regulations contained in this Article. Any summons and complaint brought in the County Court for violation of any of the regulations sot forth herein shall be filed ir. the name of the County of Weld,by and on behalf of the People of the State of Colorado,with all 10 process issued from the County Court likewise denominated.The County Attorney shall be em- powered to enforce the regulations and to appear and prosecute for the County of Weld by, and in the name of,the People of the State of Colorado,in any proceeding in the County Court'aS contained in the issue of said newspaper on involving a violation of the regulations contained in this Article- Amend Sec.15-3-30.Definitions. Unless specifically stated otherwise,the following words have the following definitions in 10 .• • this Article: Enactment and Enforcement Resolution means a Resolution of the board of County Commis- sioners duly approved at a regular or special meeting of the Board,which prohibits prescribed or9en published continuously and uninterruptedly during the period intentional burns on properties of certain detailed sizes in those area(s)of Weld County for such lr to the first publication of said notice or advertisement above period(s)as are described therein. Irrigation structure moans any ditch, canal, conduit, reservoir, race, drain, flume inlet. outlet Las been admitted to the United States mails as second-class matter and/or spillway used for irrigation purposes and often cleaned of grasses,weeds, and other dmb stible debris by means of con piled burning of March 3, 1879, or any amendments thereof; and that said Northern Sub-Area ('NSA") means that area of Weld County described in Section 16-3-20.. duly qualified for publishing legal notices and advertisements above,wherein prescribed burning of grasses,weeds,and other combustible materials is pro- hibited by the regulations set forth in this Article III. Fthe State of Colorado. Prescribed or 1t tional bun means the intentional fire ignition and controlled burning of -- grasses,weeds,and other combustble materals on properties for the purpose of clearing the/ sane managing fuels.and/or providing habitat for wildite on properties being more than thrre/ (3)being of a ce to r number of acres in size,as detailed in the Enactment and Enforcer-en't j} Resolution,excluding theareas imrnediately surrounding irrigation structures CC Sec.15-3-40.Prohibited acts. Prescribed or intentional bums conducted within the NSA area(s)described it tie Enact- Legal Clerk meet and Enforcement Resolution,during the time period(s)stated therein,are prohoited. Remainder of Sections-NO change BF IT FURTHER ORDAINED by the Board that the Clerk to the Board be.and he cby is,rfiracted to a rge for Col rado Code Publishing to supplement the Weld County Core with the amend s contained herein,to coincide with chapters,articles,divisions,sect, ls,and sub sections;me,within the County of Weld, State of Colorado this as they currently exist within said Code;and to resolve any inconsisten.ies regarding capitaliza- tion,grammar.and nurnbenng or placement of chapters,articles,°^visions,sections,and sub-010 sections 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 n decided to be unconstitutional,such t M77�d v y decision shall not affect the validity of the remaining portions hereof. The Board of County Com- t m ssioners hereby declares Prat it would have enacted this Ordinance in each and every sec- c ton,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 iconstitutio al or invalid. 2—, GL•r-> --� * NOTICE' Notary Public PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2010-7 published above,was introduced and,on motion duly made and seconded,approved upon first reading On May 24,2010 A public hearing and second reading is scheduled to be held in the Chambers of the Board,First Floor Hearing Room,91s 10th Street,Greeley,Colorado 30631,on June I. Legal No.0034150317 2010. All pen-sons in any manner interested in the reading of said Ordinance are requested to at- tend and may be hoard. Please contact the Clerk to the Board's office at phone 1970)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 to order to participate in this hearing. Any backup material,exhibits or information previously submitted to the Board of county commis-a WELD COUNTY CODE ORDINANCE 2010-7 IN TI-I sinners concerning this matter may be examined in the office of the Clerk to the Board of Coun- 2010-7 ty commissioners,located in the Weld County Centennial Center,Third Floor,915 IOth Street. Greeley,Colorado,between the hours of 8:00 a.m.and 5:00 p.m..Monday thru Friday.or may be oncecoed,Through the Wol5 County Woo Page(www.co.weld.co.us) P Mail messages sent Affidavit Prepared to an Individual Commissioner may not be included in the case file. To ensure inclusion of your P E-Mail correspondence into the case file,please send a copy to egesickolco.weld.co.us. Thursday,May 27,2010 SECOND READING:June 7,2010.at 0:00 a.m. • THIRD READING. June 21.2010.at 9.00 am. 1:09 pm BOARD OF COON IY COMMISSIONERS WELD COUNTY.COLORADO DATED: May 21.2010 PUBLISHED. May 27,2010,in the Windsor Beacon 00341583 IT Hello