HomeMy WebLinkAbout20041830.tiff WELD COUNTY
CODE ORDINANCE 2004-3
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2
ADMINISTRATION, CHAPTER 5 REVENUE AND FINANCE, AND CHAPTER 12 LICENSES
AND PERMITS, 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 requirement therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld,State of Colorado,that Chapter 2 Administration,Chapter5 Revenue and Finance,
and Chapter 12 Licenses and Permits, are revised to read as follows
CHAPTER 2
ADMINISTRATION
Sec. 2-1-20. Agenda items.
A. Due to the requirements of the Colorado Open Meetings Act,the deadlines for listing
items of business on an agenda are as follows: 10:30 a.m. on Friday 5:00 p.m. on
the previous Thursday for Monday's agenda, and 10:30 a.m. on Monday for
Wednesday's agenda. In the event of a Monday holiday,the deadline for that week's
Wednesday agenda is 10:30 a.m. on the previous Friday 5:00 p.m. on the previous
Thursday.
B - D - No change.
E. On February 25, 1993, the Board of County Commissioners approved the addition
of an area on regular meeting agendas (both Monday and Wednesday) for public
input. The following statement is now on each agenda:
"(Each individual is allowed a three-minute period of time in which to
address the Board of County Commissioners on topics which are not
on the board's agenda. Please be aware that the board may not be
able to address your topic today. If the board i3 unable to do so, the
matter will either be referred to staff or scheduled for a work se33ion.
If you wish to speak regarding issues which are likely to be heard by
the board in a public hearing, such 83 a land uae or violation hearing,
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you will be asked to give your testimony at that hearing, either in
person or in writing. Public input on any topic shall be limited to 15
minutes.)""Each individual is allowed a three-minute period of time in
which to address the Board of County Commissioners on topics
which are on the consent agenda or not on the Board's regular
agenda. The Board will refer topics it is unable to address during the
comment period to staff for resolution or for scheduling of a work
session. The Board will not take comments regarding matters which
are likely to be considered at a future public hearing, such as a land
use or violation hearing,and you will be asked to give your testimony
at that hearing, either in person or in writing. Combined public input
on any topic shall be limited to 15 minutes."
F - G - No change.
Sec. 2-1-120. Delegation of authority.
Pursuant to Section 30-11-107(1)(aa), C.R.S., which authorizes the Board of County
Commissioners to establish policies and procedures regarding entering into contracts
binding on the County, and to delegate its powers to enter into such contracts pursuant to
such policies and procedures, the following policies were adopted by the County:
A. Authorize Chair of the Board to sign certain contracts and agreements. By
Resolution#950198,dated February 22, 1995,the Board of County Commissioners
delegated authority to the Chair of the Board to sign certain personal service
contracts and maintenance agreements. The Chair of the Board is authorized to
enter into and sign contracts and agreements as follows:
1 - 5 - No change
6. By Resolution #2004-1366, dated May 10, 2004, the Board of Ciounty
Commissioners delegated authority to the Chair of the Board to sign certain
agreements with municipalities in Weld County for road and street design,
construction, and/or maintenance within the jurisdictional boundaries of the
municipalities, up to the amount of $10,000, whereby the municipality will
reimburse Weld County for the entire cost of such work upon completion of
the project.
B - J - No change.
K. Delegation of authority concerning Form of License and Exchange Agreement for
Geographic Data. The Board of County Commissioners, on May 19, 2003, by
Resolution#2003-1318,approved the form of a License and Exchange Agreement
for Geographic Data, and granted standing authority to the Chair of the Board of
County Commissioners to sign said agreement,after review by the County Attorney
to verify it was completed in accordance with the form approved by the Board.
L. Delegation of authority concerning Form of Standard Agreement for Access to Clerk
and Recorder Data Base. The Board of County Commissioners, on June 2, 2003,
by Resolution#2003-1386,approved the form of a Standard Agreement for Access
to Clerk and Recorder Data Base, and granted standing authority to the Chair of the
Board of County Commissioners to sign said agreement, after review by the County
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Attorney to verify it was completed in accordance with the form approved by the
Board.
M. Delegation of authority concerning various Forms of Standard Agreements for
Conduct of Coordinated Elections. Each year the Board of County Commissioners
approves, by Resolution, various Forms of Master Version, Tabor Version, and
School Version of Memorandum of Intergovernmental Agreements for conduct of
Coordinated Elections. By said Resolution, the Board grants standing authority to
the Chair of the Board of County Commissioners to sign said Intergovernmental
Agreements, after review by the County Attorney to verify it was completed in
accordance with the form approved by the Board.
N. Delegation of authority concerning From of Intergovernmental Agreement for
Cooperative Mosquito Management Program. The Board of County Commissioners,
on December 22, 2003, by Resolution #2003-3448, approved the form of an
Intergovernmental Agreement for Cooperative Mosquito Management Program,and
granted authority to the Chair of the Board of County Commissioners to sign any
agreement consistent with the form of said agreement.
O. Delegation of authority concerning Standard Form of Intergovernmental Agreement
for Use of Election Equipment. The Board of County Commissioners, on March 15,
2004, by Resolution #2004-0840, approved the standard form of an
Intergovernmental Agreement for Use of Election Equipment,and granted standing
authority to the Chair of the Board of County Commissioners to sign said agreement,
after review by the County Attorney to verify itwas completed in accordance with the
form approved by the Board.
P. Delegation of authority concerning Standard Form for Child Protection Agreement
for Respite Care. The Board of County Commissioners, on March 17, 2004, by
Resolution#2004-0854,approved the standard form for Child Protection Agreement
for Services for Respite Care, and granted standing authority to the Chair of the
Board of County Commissioners to sign said agreement, after review by the County
Attorney to verify it was completed in accordance with the form approved by the
Board.
Sec. 2-2-50. Letter-sized mail.
A - No change
B. All outgoing County mail will be sent out through the Department of Printing and
Supply and will be metered in that office. Offices are not to use stamps, stamped
mail or their own postage meters. Social Scrvicca Human Services shall have
authority to process its own mail due to the volume and funding of Social Human
Services activities.
Remainder of Section - No change.
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Sec. 2-3-40. Requests for pre-advertising on land use applications.
On June 6, 1984,the Board of County Commissioners adopted theThe following procedures
shall apply to a fer-requesting for pre-advertising on a land use application:
A. The applicant shall submit a letter to the Department of Planning Services, to be
forwarded to the Clerk to the Board's office when requesting pre-advertising for a
Board of County Commissioners hearing for a land use application. The letter shall
set forth the reasons why the applicant is requesting the pre-advertisement.
Effective January 1, 1004,an An administrative fee of thirty-five dollars($35.00)five
hundred dollars ($500.00) shall accompany the letter.
B. Upon receipt of the request and application materials, as listed below, from the
Department of Planning Services the Clerk to the Board's office shall schedule the
request for pre-advertisement on the first available regular Board of County
Commissioners meeting.
C. The Clerk to the Board's office shall inform and furnish a copy of the letter requesting
the pre advertisement to the Department of Planning Services.
D. The applicant shall appear at the Board of County Commissioners meeting and
explain why the pre-advertisement has been requested. The applicant requesting
the pre advertisement shall give sufficient reasons why the Board should approve
must show that the request for pre-advertisement is necessary because of an
emergency circumstance,or that the delay caused by no pre-advertisement is likely
to create severe economic hardship for the applicant.
1. One (1) copy of the land use application materials submitted to the
Department of Planning Services office by the applicant when the application
was made.
2. One (1) copy of the legal notice prepared by the Department of Planning
Services staff for advertising the land use application for the Planning
Commission hearing.
3. One (1)copy of the list of surrounding property owners and mineral owners
certified to be accurate by the applicant or an authorized agent.
4. A written statement signed by the applicant or authorized agent stating that
all costs associated with the pre-advertisement will be paid by the applicant.
signed by the Planner, certifying the pre-advertisement fee has been
collected.
5. In cases where an authorized agent is acting on behalf of an applicant,
written evidence shall be presented to show that the agent has the
applicant's permission to act on his or her behalf.
C. If the Board of County Commissioners approves the request for pre advertisement
of the land use application, the Department of Planning Cervices 3ha11 provide the
following information to thc Clerk to thc Board's office:
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1. One (1) copy of thc land use application materials submitted to the
Department of Planning Services office by the applicant when the application
was made.
2. One (1) copy of the legal notice prepared by the Department of Planning
Services staff for advertising the land use application for the Planning
Commission hearing.
3. One(1)copy of thc list of surrounding property owners and mineral owners
certified to be accurate by thc applicant or an authorized agent.
4. A written statement signed by the applicant or authorized agent stating that
all costs associated with thc pre advertisement will be paid by the applicant.
5. In cases where an authorized agent is acting on behalf of an applicant,
written evidence shall be presented to show that the agent has the
applicant's permission to act on his or her behalf.
F. Upon receipt of the materials by the Department of Planning Services approval of the
request by the Board of County Commissioners,the Clerk to the Board's office shall
pre-advertise the land use application in accordance with established administrative
office procedures.
Sec. 2-4-20. Refusal to renew a liquor license.
Chapter 12,Article II,specifies the guidelines for the refusal to renew a liquor license in the
County.
A. The Board of County Commissioncrs, acting as the local licensing authority in the
County, pursuant to the Colorado Liquor Codc, may act a public hearing on the
renewal application if it finds probable cause to believe that any one(1)of the factors
a through d mentioned below exists.
I3. The Board of County Commissioners may consider the following factors in a public
hearing to determine if good cause exists to refuse the renewal of any liquor license,
and such consideration i3 dcnotcd 03 Phase I of thc public hearing:
1. Whether there have been any violations in the last one year period by the
licensee or by any of the agents, servants or employees of the licensee of
the provisions of the Colorado Liquor Code,or any of the rules or regulations
authorized pursuant to the Colorado Liquor Code or any of the terms,
conditions or provisions under which the license was issued.
2. Evidence showing excessive noise, rowdiness or disturbances on a
continuous basis in the immediate area of the licensed premises which were
substantially as a result of the operation of the licensed premises.
3. Evidence of persons being convicted under Section 42 4-1301, C.R.C., of
driving under the influence of alcohol or driving while alcohol impaired after
becoming intoxicated at said licensed premises.
4. Evidence that the reasonable requirements of the neighborhood are not being
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met and that the licensee is no longer of good character.
C. Phase II of such public hearing shall be a determination of whether the following
items mitigate or aggravate the effects of thc four(4)factors listed above, if any one
(1) of the Phase I factors are found to exist, such factors to be considered in
determining whether denial of renewal is justified:
1. Seriousness of the factor in terms of the affront to the public.
2. Corrective actions taken by the license holder.
3. Prior violations, offenses and occurrences at the licensed premises and
effectiveness of prior corrective action.
4. Prior violations and offenses by the licensee.
5. Violation, offense or occurrence as a repeated course of conduct or as a
single event.
G. Likelihood of recurrence.
7. All circumstances surrounding thc violation, offense or occurrence.
8. Willfulness of the violation, offense or occurrence.
0. Length of time the license has been held by the licensee being disciplined.
10. Previous sanctions imposed against the licensee.
11. Other factors making the situation unique to the licensee or premises
oubjected to discipline.
D. If less than a full Board is present:
1. Where only three(3) members of the Board of County Commissioners are
present for the renewal, suspension or revocation hearing under the
Colorado Liquor Code,the licensee may request a continuance to a hearing
date at which additional members of the Board will be present.
2. Where four (4) members of the Board of County Commissioners arc
present,the hearing shall proceed at the direction of the Board,provided that
if any vote on the ultimate issues of suspension, revocation or renewal
results in a 2-2 tie vote,the hearing shall be adjourned until such time as the
fifth Commissioner has had an opportunity to review the record.
CHAPTER 5
REVENUE AND FINANCE
Sec. 5-4-50. Quotations and informal bids.
A. Other than those supplies purchased pursuant to Sections 30-211-109 through 112,
C.R.S., purchases of goods or equipment less than the amount established by the
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annual purchasing ordinance pursuant to Section 14-9 of the Home Rule Charter,
the purchasing agent shall request quotations from three (3) or more suppliers, if
possible, and shall purchase at the lowest and best quotations. The County shall
reserve the right to reject any and all bids.
CHAPTER 12
LICENSES AND PERMITS
Sec. 12-1-30. Minimum conditions.
A - B.3 - No change.
B. 4. Two(2)persons trained in emergency medical technology for the first three
hundred fifty (350) persons and one (1) for every three hundred fifty (350)
persons after that, together with at least one (1) emergency ambulance
available for use at all times. An enclosed structure where treatment may be
rendered shall also be provided.
a. Proof of insurance for the company providing standby emergency
medical services shall be included for review by the Board of County
Commissioners. Said proof of insurance shall indemnify and hold
harmless the County or any of its agents, officers, servants, and
employees from any liability or causes of action which might arise by
reason of granting the permit.
Sec. 12-2-40. Refusal to renew; public hearing, Phase I.
The Board of County Commissioners may consider the following factors in a public hearing
to determine if good cause exists to refuse the renewal of any liquor license. Such
consideration is denoted as Phase I of the public hearing:
A. Evidence that the licensee or applicant has violated, does not meet, or has failed to
comply with any of the terms, conditions, or provisions of this Article, or any rules
and regulations promulgated pursuant the Colorado Beer Code or the Colorado
Liquor Code.
B. Evidence that the licensee or applicant has failed to comply with any special terms
or conditions that were placed on its license in prior disciplinary proceedings or
arose in the context of potential disciplinary proceeding.
C. Evidence that the licensed premises have been operated in a manner that adversely
affects the public health,welfare,or safety of the immediate neighborhood in which
the establishment is located, which evidence must include a continuing pattern of
fights, violent activity, or disorderly conduct. For purposes of this Paragraph C,
disorderly conduct has the meaning as provided for in Section 18-9-106, C.R.S.
D. Evidence that the licensee is no longer of good character.
E. Whether there have been any violations in the last one-year period by the licensee
or by any of the agents, servants or employees of the licensee of the provisions of
the Colorado Liquor Code, or any of the rules or regulations authorized pursuant to
the Colorado Liquor Code,or any of the terms,conditions,or provisions under which
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the license was issued.
F. Evidence showing excessive noise, rowdiness or disturbances on a continuous
basis in the immediate area of the licensed premises which were substantially as
a result of the operation of the licensed premises.
G. Evidence of persons being convicted under Section 42-4-1301, C.R.S., of driving
under the influence of alcohol or driving while alcohol impaired after becoming
intoxicated at said licensed premises.
H. Evidence that the reasonable requirements of the neighborhood are not being met.
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.
The above and foregoing Ordinance Number 2004-5 was, on motion duly made and
seconded, adopted by the following vote on the 18th day of August, A. D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Robert D. Masden, Chair
Weld County Clerk to the Board
William H. Jerke, Pro-Tern
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
David E. Long
County Attorney
Glenn Vaad
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Publication: June 19, 2004
First Reading: July 7, 2004
Publication: July 14, 2004, in the Fort Lupton Press
Second Reading: July 26, 2004
Publication: July 31, 2004, in the Fort Lupton Press
Final Reading: August 11, 2004
Publication: August 18, 2004, in the Fort Lupton Press
Effective: August 22, 2004
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