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Home My WebLink About20183782.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2018-10 was introduced on first reading on November 26, 2018, and a public hearing and second reading was held on December 19, 2018. A public hearing and final reading was completed on January 21, 2019, with changes being made as listed below, 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. 2018-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COOUNTY CODE EFFECTIVE DATE: February 1, 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: January 22, 2019 PUBLISHED: January 25, 2019, in the Greeley Tribune ******* CHANGES MADE TO CODE 2018-10 ON FINAL READING: Sec. 8-13-10. General. The County strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances. The Right -of -Way Use Permit is a tool to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special district constructing and burying lines either crossing or running parallel within Weld County right-of-way. Crossings are allowed for all lines. Parallel installations are allowed for lines of "public utilities" that are defined in C.R.S. § 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; for fresh water above -ground transfer pipelines; and for lines in non -maintained right-of-way if approved by Weld County based upon locational factors, such as, surrounding population density, topography, or if the right-of-way provides access to a recorded exemption lot, and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality intends to improve the right-of-way; or if authorized by the Board of County Commissioners in an appeal of the denial of a Right -of -Way Permit application, pursuant to Section 8-13-110, below. Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained right-of-way, and all public drainage easements. A Right -of -Way Use Permit grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of the Project. This Policy shall apply within all unincorporated areas of the County. Amend Appendix 8-P — Right -of -Way Use Application Affidavit of Publication NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Ruleoharter, Ordinance Number 2018-10 was introduced on first reading on November 26, 2O18, and a public hearing and second reading was held on December 19, 2018. A public hearing'and final reading was com- pleted on January 21, 2019, with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance Is listed below. Any backup ma - tonal, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be exam- ined in the office of the Clerk to the Board of County Commis- sioners, located within the Weld County Administration Building, 115O 0 Street, Greeley, Colorado, between the hours of 8:00 -a.m. and 5:00 p.m., Monday thfu Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.usl. 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 eg esick@wetdgov.com, ORDINANCE NO. 2018-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 12 LICENSES AND PERMITS, OF 'THE WELD COOUNTY CODE EFFECTIVE DATE: February 1, 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: January 22, 2019 CHANGES MADE TO CODE 2018-10 ON FINAL READING; Sat.843-10. General. The County strives to keep its right-of-way in a state of grind re- pair and free from unnecessary encumbrances. The Right -of - Way Use Permit is a tool to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special district constructing and burying lines either crossing or running parallel within Weld County right-of-way. Crossings are allowed for all lines. Parallel installations are al- lowed for lines of "public utilities" that are defined in C.R.S. § 40- 1-103 and are "domestic or foreign electric light power, gas, or pipeline companies' holding current Certificates of Public Con- venience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lines or pipelines used solely for agricutural purposes; for fresh water above- ground transfer pipelines; and for lines in non -maintained right- of-way if approved by Weld County based upon locationl fac- tors, such as, surrounding population density, topography, or if the right-of-way provides access to a recorded exemption lot, and with Permittee's agreement to move the line at its sole ex- pense if Weld County or an annexing municipality intends to im- prove the right-of-way; or if authorized by the Board of County Commissioners in an appeal of the denial of a Right -of -Way Per- mit application, pursuant to Section 8-13-110, below. Public right-of-way subject to regulation by the Right -of -Way Use Per- mit includes Weld County's maintained and non -maintained right-of-way, and all public drainage easements, A Right-ot-Way Use Permit grants the Permiitee and its Contractors permission to occupy designated County right-of-way. The Permit authoriz- es excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent resto- ration upon completion of the Project. This Policy shall apply within all unincorporated areas of the County. Amend Appendix 8-P-- Right -of -Way Use Application The Tribune January 25, 2019 STATE OF COLORADO County of Weld, I Lucy Montoya SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twenty -Fifth day of January A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty -Fifth day of January AD, 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. January 25, 2019 Total Charges: $22.18 25th day of January 2019 My Commission Expires 08/13/2022 Notary Public VICKIE G GARRETTS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 c, NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2018-10 was introduced on first reading on November 26, 2018, and a public hearing and second reading was held on December 19, 2018, with changes being made as listed below. A public hearing and third 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 21, 2019. 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) 400-4225, or fax (970) 336-7233, 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 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. 2018-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE DATE OF NEXT READING: January 21, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 21, 2018 PUBLISHED: December 26, 2018, in the Greeley Tribune ******* CHANGES MADE TO CODE ORDINANCE 2018-10 ON SECOND READING: Amend Sec. 8-13-10. General. The County strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances. The Right -of -Way Use Permit is a tool to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special district constructing and burying lines either crossing or running parallel within Weld County right-of-way. Crossings are allowed for all lines. Parallel installations are allowed for lines of "public utilities" that are defined in C.R.S. § 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and O20/8- 0 78.2- water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; for fresh water above -ground transfer pipelines; and for lines in non -maintained right-of-way if approved by Weld County based upon locational factors, such as, surrounding population density, topography, or if the right-of-way provides access to a recorded exemption lot, and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality intends to improve the right-of-way. Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained right-of-way, and all public drainage easements. A Right -of -Way Use Permit grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of the Project. This Policy shall apply within all unincorporated areas of the County. Amend Appendix 8-P — Right -of -Way Use Application. Affidavit of Publication NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2018-10 was introduced on first reading on November 26, 2018, and a public hearing and second reading was held on December 19, 2018, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Admin- istration Building, 1150 O Street, Greeley, Colorado 80631, on January 21, 2019, All persons in any manner interested in the j 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) 400-4225,. or fax (970)336-7233, prior to the day of ,' II 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 Commissioners, tlocated within he office of theeWeld rk to Coerny Admiard of nistration on 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 ac- cessed 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'inefusfon of your E- -Mail correspondence into the case file, please send a copy to egesick@weldgov.com, ORDINANCE NO. 2019-10 ORDINANCE TITLE: IN THE. MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE DATE OF NEXT READING: January 21, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO I DATED: December21, 2018 CHANGES MADE TO CODE ORDINANCE 2018-10 ON t SECOND READING: Amend Sec. 8-15.10. General. The County strives to keep its right-of-way in a state of good re- Ipair and free from unnecessary encumbrances. The Right -of - Way Use Permit is a tool to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special district constructing and burying lines either crossing or running parallel within Weld County right-of-way. jCrossings are allowed for all lines. Parallel installations are al- fowed for lines of "public utilities" that are defined in C.R.S. § 40- 1 -103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates of Public Con- venience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural above- ground transfer pipelines; and for lineslis; for fresh innon-maintained right- of-way if approved by Weld County based upon locational fac- tors, such as, surrounding population density, topography, or if the right-of-way provides access to a recorded exemption lot, and with Permittee's agreement to move the line at its sole:ex- pense if Weld County or an annexing municipality intends to im- prove the right-of-way. Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's main- tained and non -maintained right-of-way, and all public drainage easements, A Right -of -Way Use Permit grants the Pemiittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construction in the County and provides for their fsubsequent rfaces estoration on upon gcompletion of the Project. This Policy shall apply within all unincorporated areas of the County. Amend Appendix 8-P - Right -of -Way Use Application. The Tribune December 26, 2018 STATE OF COLORADO County of Weld, I Lucy Montoya ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twenty -Sixth day of December A.D. 2018 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty -Sixth day of December A.D. 2Q18 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. December 26, 2018 Total Charges: $11.21 n 1Fll/( 26th day of December2018 My Commission Expires 08/13/2022 Notary Public VICKIE G GARRETTS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2018-10 published below, was introduced and, on motion duly made and seconded. approved upon first reading on November 26, 2018. 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 December 19, 2018. 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) 400-4225. or fax (970) 336-7233. 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. ORDINANCE NO. 2018-10 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS. CHAPTER 12 LICENSES AND PERMITS AND CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE DATE OF NEXT READING: December 19, 2018, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: November 30. 2018 PUBLISHED: December 5, 2018, in the Greeley Tribune ******* WELD COUNTY CODE ORDINANCE 2018-10 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS 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 02oii-3-7Yot 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 12 LICENSES AND PERMITS Delete ARTICLE IV — Right -of -Way Use Permit Policy, in its entirety, and move to Chapter 8 with amendments. CHAPTER 8 PUBLIC WORKS Add ARTICLE XIII — Right -of -Way Use Permit Policy Sec 8-13-10. General The County strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances The Right -of -Way Use Permit is a tool to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special district constructing and burying lines either crossing or running parallel within Weld County right-of-way Crossings are allowed for all lines Parallel installations are allowed for lines of "public utilities" that are defined in C R S § 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission, for water lines of municipalities, water districts, and water and sewer districts, for transmission lines or pipelines used solely for agricultural purposes, and for fresh water above -ground transfer pipelines Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained right-of-way, and all public drainage easements A Right -of -Way Use Permit grants the Permittee and its Contractors permission to occupy designated County right-of-way The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of the Project This Policy shall apply within all unincorporated areas of the County Sec 8-13-20 Purpose This Article recognizes the importance of protecting the health, safety and welfare of the traveling public, maintaining efficient traffic flow and preserving the integrity of Weld County's right-of-way Sec 8-13-30 Regulation of work in County right-of-way A Issuance of Right -of -Way Use Permit A Right -of -Way Use Permit shall be issued only in compliance with the rules and regulations set forth in this Article In no event shall construction within the County right-of-way be allowed or permitted if it is detrimental to the public health, welfare and safety B Right -of -Way Use Permit Necessary A Right -of -Way Use Permit is required for occupying, constructing or excavating facilities within, and for encroaching upon, any County right-of-way C No Work Without Right -of -Way Use Permit No person or entity may occupy, construct or excavate within any County right-of-way or easement, or encroach upon any County rights -of -way or easement, without first having obtained a Right -of -Way Use Permit from the Department of Public Works In addition, no person or entity may excavate, construct or occupy the County right-of-way beyond the date or dates specified in the permit unless (1) the person or entity requests a written extension before the expiration of the initial permit, and (2) a new permit or extension is granted Sec 8-13-40 Definitions For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein Contractor means any party performing the installation and construction for a Permittee who obtains a permit pursuant to this Article A Contractor may be a Permittee under this definition Lines means all underground and overhead cable, telephone, electric power, wire, gas and irrigation lines, appurtenances, structures or pipelines Permittee means the owner, operator, person and/or entity constructing, excavating or occupying the County right-of-way who has obtained a permit pursuant to this Article Right -of -Way means a portion of land that is dedicated or granted to and accepted by Weld County for transportation purposes, such as a roadway or highway whether maintained or not -maintained by Weld County The term is used as both singular and plural Sec 8-13-50 Right -of -Way Use Permit application Complete Application Required Applicants shall file a complete application for a Right -of -Way Use Permit Based upon the information provided in the application, additional submittals may be required by the Department of Public Works if sufficient information was not provided for review of the application An application shall be considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified by application, and is accompanied by the applicable fee If an application is determined to be incomplete, the Department of Public Works shall provide notice to the applicant, along with an explanation of the application's deficiencies No further processing of the application shall occur until the deficiencies are corrected in a future resubmittal An application which is determined to be incomplete may or may not retain its same processing cycle The Right -of -Way Use Permit and Application are found in Appendix 8-P, the terms and conditions of which are incorporated into this Article Sec 8-13-60 Application review, Right -of -Way Use Permit issuance, permit expiration and permit extension A Review Process The application and other data filed by an applicant for a Right -of -Way Use Permit shall be reviewed by the Department of Public Works The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws If the Department of Public Works finds that the work described in an application for a Right -of -Way Use Permit conforms to the requirements and regulations set forth in this Article, meets the requirements defined in the Department of Public Works Design Standards and Criteria or other pertinent laws regulations or ordinances, and that all required fees have been paid, a Right -of -Way Use Permit shall be issued to the applicant Criteria upon which the Right -of -Way Use Permit shall be considered include, but are not limited to, the following 1 Safety Occupation within the County right-of-way must not create a safety hazard to the travelling public 2 Constructability All construction or excavation within, the County right-of-way must be able to be performed according to general construction practices B Changes in Approved Permit An approved Right -of -Way Use Permit shall not be changed, modified or altered without written authorization from the Department of Public Works All work shall be done in conformance with the approved Permit C Permit Limitations An approved Right -of -Way Use Permit requires the Permittee to meet certain permit specifications and general engineering standards when working within the Weld County right-of-way The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards Reasonable care should be used to avoid damaging the existing roadway The issuing and granting of the Right -of -Way Use Permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Article or of any regulations of the County D Indemnification The Permittee, its agents, employees, subcontractors, Contractors and assigns, hereby agrees to hold Weld County, Colorado, the agencies thereof and their officers and employees harmless from any and all loss and damage or any claims which may arise out of, or be connected with, the construction, installation, maintenance, alteration, removal or presence of the lines installed and/or constructed herein referred to or any work or facility connected therewith, within the area covered by this permit, excluding any such loss and damage or any claims (including consequential damages) which may be caused solely by the negligence of the County, the agencies thereof or its officers and employees The Permittee fully understands that all line installation, construction and relocation will be performed at no expense whatsoever to the County E Permit Expiration Every approved Right -of -Way Use Permit shall expire if the work authorized by the permit is not substantially begun within three (3) months from the date of the permit issuance or if the construction of work authorized by the permit is suspended or abandoned for a period of one (1) year at any time after the work has begun Before work can begin or be resumed, the permit must be reissued by the Weld County Department of Public Works F Permit Extension Any Permittee with an unexpired Right -of -Way Use Permit may apply, in writing, for an extension of the time within which work may begin under that permit if the Permittee is unable to begin work within the time required for good cause, and that the cause is acceptable to the Weld County Department of Public Works There shall be an extension fee assessed to cover administrative costs Sec 8-13-70. County authority A Right -of -Way Use Permit is considered to be a license for use of the County right-of-way The Department of Public Works shall have the authority to suspend work, wholly or in part, because of the failure of the Permittee to properly execute the work in accordance with this Article Weld County, notwithstanding the issuance of any permit or construction in Weld County right-of-way, reserves the right to make any changes, additions, repairs or required relocation of any facilities within the dedicated right-of-way at any time including, but not limited to, in connection with the relocation, reconstruction, widening and maintaining roads or right-of-way, without compensating the owner Sec 8-13-80 Permittee 's general responsibilities The Permittee is responsible to comply with all of the terms and conditions set forth in the Right -of -Way Use Permit found in Appendix 8-P Sec 8-13-90. Inspections A Inspection of work performed within Weld County right-of-way, pursuant to an approved Right -of -Way Use Permit, is required Inspections during the construction period will be made by the Weld County Department of Public Works to ensure that work is progressing in compliance with the Permit It shall be the responsibility of the Permittee to provide safe access to the work site for the Department and to all others, as authorized by law, for inspection at all reasonable times during the execution and upon completion of the work At the time of inspection, the Department may order the immediate termination of any work which poses a serious threat to the life, health, safety or well-being of the public B It shall be the responsibility of the Permittee to notify the Department of Public Works when work is ready for inspection The Department requires that every request for inspection be received at least forty-eight (48) hours before such inspection Such requests may be made by telephoning, emailing or faxing the Department The presence of Department employees on -site shall not guarantee or qualify the Permittee's performance The approved permit must be available on -site for review by Department staff Failure to comply will result in suspension of the Permit C The Department of Public Works may make or require other inspection or testing of any work as deemed necessary to ascertain compliance with the provisions of this Article Any work performed without the required inspections shall be subject to removal and replacement at the Permittee's expense, regardless of the quality of the work Any inspection hours required outside of the normal working hours will be paid by the Perrmittee Certain types of work may have continuous inspection and when large-scale projects exceed the ability of the Department to provide inspection, the Permittee will incur the cost of a private inspection firm This third -party inspector will be appointed by the Department prior to issuance of the Permit Sec 8-13-100 Administrative fee All required fees shall be paid in full at the time of the permit application The fee schedule for Right -of -Way Use Permits shall be as determined by resolution of; the Board of County Commissioners and shall be shown on the permit If the applicant objects to the denial of a permit application by the Weld County Department of Public Works, or objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of County Commissioners, in accordance with the procedures detailed in Section 12-4-110, below Sec 8-13-110 Appeal of denial of Right -of -Way Use Permit If an application for an Right -of -Way Use Permit is denied by the Weld County Department of Public Works, or if the applicant objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of County Commissioners, in writing, utilizing the appeal procedures set forth in Section 2-4-10 of this Code Sec 8-13-120 Failure to comply A The issuance of the Right -of -Way Use Permit based on plans, specifications or other data shall not prevent the Weld County Department of Public Works from requiring the correction of errors in the plans, specifications and other data or from stopping excavation or construction operations being conducted in violation of this Article or any other regulations of the County Failure of the applicant to comply with any of the terms and conditions of the Permit shall be sufficient cause for cancellation of the permit B The Permittee shall correct any unsatisfactory work including, but not limited to, defects in removal, replacement or patching If the Permittee fails to restore the Weld County right-of-way in the manner and to the condition required by the Weld County Department of Public Works or fails to satisfactorily and timely complete all restorations required by the Department, the County shall have the right to perform the restorations at the expense of the Permittee C Weld County reserves the right to require relocation of any facilities within the dedicated right-of-way at any time without compensating the owner If the Contractor or Permittee does not perform the required relocation within four (4) months of notification from the Weld County Department of Public Works, no new permits will be issued from the Department of Public Works for the contractor until the relocation has been accomplished Sec 8-13-130 Permit suspension or revocation. A The Weld County Department of Public Works may deny, revoke or suspend any Right -of -Way Use Permit to protect the public health, safety, welfare and safe function of Weld County roads The grant of the Right -of -Way Use Permit to the Permittee is a privilege, not a right The County reserves its right to revoke any Right -of -Way Use Permit without a fee refund whenever the Permit is issued in error or on the basis of incorrect information supplied by the Permittee, or whenever the Permit may have been issued in violation of any provisions of this Article B If the Weld County Department of Public Works determines that the Permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any term or condition of the Permit, the Department shall notify the Permittee of its suspension by either a phone call or a written demand, and the Permittee must then remedy the violation The demand shall state that continued violations may be cause for revocation of the permit Further, a substantial breach shall allow the Department to place additional or revised conditions on the Permit C Within twenty-four (24) hours of receiving notification of the suspension, the Permittee shall contact the Weld County Department of Public Works with a plan of correction which must be accepted by the Department The Permittee's failure to contact the Department, failure to submit an acceptable plan or failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit and termination of work Upon revocation of the permit the Permittee will be required to re -apply for a new permit and will be charged for any additional fees that may be applicable Sec 8-13-140 Enforcement A Violations and Penalties Weld County, through the Weld County Department of Public Works or other departments so authorized, may enforce this Article through methods included in this Article or through other methods adopted by the Board of County Commissioners B Criminal Penalties 1 It is unlawful to occupy, construct or excavate within any Weld County right-of-way or encroach upon any County right-of-way, unless a Right -of -Way Use Permit is first issued Any person, firm or corporation violating any provision of this Article is guilty of a Class 2 petty offense, which, upon conviction thereof, shall be punishable by a fine of three hundred dollars ($300 00) or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment, for each separate violation Each day during which such violation continues shall be deemed a separate offense 2 Whenever the Weld County Department of Public Works, through one (1) of its employees, has personal knowledge of any violation of this Article, it shall give written notice to the violator to correct such violation within seven (7) days after the date of such notice Should the violator fail to correct the violation within such seven-day period, the department may request that the Sheriffs Office issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge One (1) copy of said summons and complaint shall be served upon the violator by the Sheriffs Office in the manner provided by law for the service of a criminal summons One (1) copy each shall be retained by the Sheriffs Office and the Department and one (1) copy shall be transmitted to the Clerk of the Court The County may remove any obstruction or work not conforming to this Article during the pendency of the enforcement action 3 It is the responsibility of the County Attorney to enforce the provisions of this Section In the event the Board of County Commissioners deems it appropriate, the Board of County Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the County Attorney 4 Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C R S , for any violation of this Article C Equitable Relief in Civil Action In the case of any violation of this Article, the County Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such violation D Civil Penalties In addition to any of the penalties set forth above, any person, firm or corporation violating any such regulation, provision or amendment thereof or any provision of this Article, may be subject to the imposition, by order of the County Court, of a civil penalty in an amount of not less than two hundred fifty dollars ($250 00), nor more than five hundred dollars ($500 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 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 fifty dollars ($50 00) for each such day In no event shall civil penalties, imposed pursuant to this Subsection, constitute a lien against real property ADD APPENDIX 8-P — RIGHT-OF-WAY USE APPLICATION BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode 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 , Bb' _TRIBUNE Affidavit of Publication OTICE OF FIRST OPursuant to the Weld County Home Rule Cherie READING ORDINANCE Numbe 2018-10'pubtlshed,/ , below was introduced and, on motion duly made and seconded approved upon firsti ,reading on November 26 2018 A public hearing and second reading is scheduled to be held in the Chambers of the Board located within the Weld County Administration Building 1,150 O Street Greeley, Colorado 80631, on December 19 2018 All persons in , I - any manner interested in the reading of said Ordinance are requested to attend and may be heard Please contact the Clerk to the Boards office at phone (970) 400 4225 or fax ' (970) 336-7233, 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, t 'Commissioners located within the Weld County Administration Building, 1150 O Street, 'f ,or Greeley ay be accessed through between t i ee hWeld County Web P Page'(wd,5 00 ww co'ri weld coils) E -Mall ° I 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@weidgov corn ORDINANCE NO 2018-10 - ORDINANCE TITLE IN THE MATTER OF REPEALING AND REENACTING WITH ` AMENDMENTS CHAPTER 12 LICENSES AND PERMITS AND CHAPTER 8 PUBLIC - WORKS OFTHE WELD COUNTY CODE a DATE OF NEXT READING December 19 2018, at 900 em ' BOARD OF COUNTY COMMISSIONERS ' WELD COUNTY, COLORADO' DATED , November30 2018 <= „r"1 U i '' i ' ' r WELD COUNTY' CODE ORDINANCE 2018-10 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE - 1 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 8pard,of County Commissioners op December 28 2000: -adopted, Weld County Code Ordinance 2000'1, enacting a comprehensive Code for the County F ,j , 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 a Code be and hereby are, repealed and re-enacted, with amendments and the various' ' Chapters are revised to read as follows + , ' + " ' CHAPTER 12 - LICENSES AND PERMITS - „ - Y ' Delete ARTICLE IV'- Right of -Way Use Permit Policy, in its entirety, and move to Chapter 8 with amendments t , CHAPTER 8 ' PUBLIC WORKS i =Add ARTICLE XIII - Right -of -Way Use Permit Policy Sec 8-13-10 General - , The County strives to keep its right of -way in a state of good repair and free from unnecessary encumbrances The Right -of -Way Use Permit is a tool to regulate and permit the use of Weld County s public right-of-way by private companies municipalities and/or special district constructing and burying lines either crossing or running parallel within Weld County right-of-way Crossings are allowed for all lines Parallel installations ' y are allowed for lines of public utilities" that are' defined In C R S § 40-1-103 and are I - domestic or foreign electricrlight power, as, or pipeline companies' holding current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission, for water lines of municipalities water districts, and water and sewer " districts, for transmission lines or pipelines used solely for agricultural purposes, and for, fresh water above ground transfer pipelines Public right-of-way subject to regulation , by the Right -of -Way Use Permit includes Weld County s maintained and non -maintained _ right of way and all public drainage easements A Right -of; Way Use Permit grants the Permittee and its Contractors percussion to occupy designated County right of -way' - The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of ) the Project Thls,Policy shall apply within all unincorporated areas ofthe County `Sec 8-13-20 "Purpose y i d �= e, This Article recognizes the importance of protecting the health' safety and welfare of the traveling public, maintaining efficient traffic flow and preserving the integrity of Weld County s right-of-way Sec 8-13 30 Regulation of work In County right of -way, A Issuance of Right of -Way' Use Permit A Right -of -Way Use Permit shall be issued only' in compliance with the rulesand regulations set forth in this Article in no event shall construction within the County'nght-of way be allowed or permitted if It is detrimental to the public health, welfare and safety r B Right -of -Way Use Permit Necessary A Right -of -Way Use Permit is required for U a occupying, constructing or excavating facilities within and for encroaching upon ,any ,County right-of-way , , I "r ,i, , i1+ , d j' , , I C No Work Without Right=of--Way Use Permit No person or, entity may occupy' 1, { Construct or excavate within any County right of away or easement or encroach upon any County rights of way or easement without first having obtained a Right -of -Way.' Use Permit from the Department of Public Works In addition no person or entity - may excavate, construct or occupy the County right-of-way beyond the date or dates specified in the permit unless (1) the person or entity requests a written extension before the expiration'of the initial permit and (2) a new permit or extension is granted " Sec 8-13 40 Definitions , For the purpose of this'Article'the following teterms, phrars words and their derivations ' shall have the meanings given herein Contractor means any party performing the installation and construction fora Permittee who obtains a permit pursuant to this Article A Contractor may be a Permittee under, this definition ,+ , "tT i .7,�'I -- I ,I t, ' '' 'I Lines means all underground and overhead'cable telephone electric power wire gas , , and irrigation lines, appurtenances, structures or pipelines I ' _ Permittee means the owner operator, person and/or entity constricting, excavating or occupying the County right-of-way who has obtained a permit pursuant to this Article i Right -of -Way means a portion of land that is dedicated or granted to and accepted by Weld County for transportation purposes, such as a roadway or highway whether maintained of not -maintained by Weld County The term is used as both singular and _ plural Sec 8-13-50 -Right-of-Way Use Permit application ,," - - Complete Application Required Applicants shall file a complete application for a Right of Way Use Permit Based upon the information provided in the application, additional + I submittals may be required by the Department of Public Works if sufficient information STATE OF COLORADO County of Weld, I Lucy Montoya of said County of Weld, being duly sworn, say that I am an advertising clerk of SS THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state, that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof, that the first publication of said notice was contained in the Fifth day of December A D 2018 and the last publication thereof in the issue of said newspaper bearing the date of the Fifth day of December AD 2018 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to, that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado December 5, 2018 Total Charges $130 24 5th day of December2018 ber2018 My Commission Expires 08/13/2022 Notary Public VICKIE G GARRETT'S NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 Wednesday, December 05, 2018 was not provided foi review of the application An application shall be considered complete if it is submitted in the required form includes alt mandatory information Including all supporting materials specified by application, and is accompanied by the applicable fee If an application is determined to be incomplete, the Department I of Public Works shall provide notice to the applicant, along with an explanation of the application's deficiencies NO further processing of the application shall occur until the deficiencies are corrected in a future resubmittal An application which is determined to be incomplete may or may not retain its same processing cycle The Right -of -Way Use Permit and Application are found in Appendix 8-P the terms and conditions of which are incorporated into this Article Sec, 8-13-60 Application review, Right -of -Way Use Permit issuance, permit expiration' and permit extension A Review Process The application and other data filed by an applicant for a Right of - Way Use Kermit shall be reviewed by the Department of Public Works The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws If the Department of Public Works finds that the work described in an application for a Right of Way Use Permit conforms to the requirements and regulations ` set forth in this Article, meets the requirements defined In the Department of Public Works Design Standards and Criteria or other pertinent laws regulations or ordinances, and that all required fees have been paid, a Right -of -Way Use Permit shall be issued to the applicant Criteria upon which the Right -of -Way Use Permit shall be considered include but are not limited to the following 1 Safety Occupation within the County right-of-way must not create a safety hazard to the travelling public 2 Constructability All construction or excavation within the County right-of-way must be able to be performed according to general construction practices B Changes in Approved Permit An approved Right -of -Way Use Permit shall not be changed, modified or altered without written authorization from the Department of Public Works All work shall be done in conformance with the approved Permit C Permit Limitations An approved Right -of -Way Use Permit requires the Permittee to , meet certain permit specifications and general engineering standards when working ' within the Weld County right-of-way The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards Reasonable care should be used to avoid damaging the existing roadway The issuing and granting of the Right -of -Way Use Permit shall not be construed to be a permit for of an approval of any violation of any of the provisions of this Article or of any regulations of the County D Indemnification The Permittee its agents, employees subcontractors Contractors and assigns hereby agrees to hold Weld County Colorado the agencies thereof and ' their officers and employees harmless from any and all loss and damage or any claims which may anse'out of, dr be`connected with the construction installation maintenance alteration, removal or presence of the lines installed and/or constructed herein referred to or any work or facility connected therewith within the area covered by this permit excluding any such loss and damage or any claims (including consequential damages) which may be caused solely by the negligence of the County, the agencies thereof or I its officers and employees The Permittee fully understands that all line installation, construction and relocation will be performed at no expense whatsoever to the County E Permit Expiration Every approved Right of -Way Use Permit shall expire If the work authorized by the permit is not substantially begun within three (3) months from the date of the permit issuance or if the construction of Work authonzed by the permit is suspended or abandoned for a period of one (1) year at any time after the work has begun Before work can begin or be resumed the permit must be reissued by the Weld County Department of Public Works F Permit Extension„ Any Permittee with an unexpired Right -of Way Use Permit may apply in writing for an extension of the time within which work may begin under that permit if the Permittee is unable to begin work within the time required for good cause, and that the cause is acceptable to the Weld County Department of Public Works There shall be an extension fee assessed to cover administrative costs Sec 8-13 70 County authority , 7 A Right -of Way Use Permit is considered to be a license for use of the County right- of-way The Department of Public Works shall have the authority to suspend work wholly or in part because of the failure of the Permittee to properly execute the work in accordance with this Article Weld County, notwithstanding the issuance of any permit or construction In Weld County right of Way reserves the right to make any changes additions, repairs or required relocation of any facilities within the dedicated right-of-way at any time Including but not limited to in connection with the relocation reconstruction widening and maintaining roads of right-of-way without compensating the owner Sec 8-13 80 Permittee's general responsibilities The Permittee is responsible to comply with all of the terms and conditions set forth in the Right -of -Way Use Permit found in Appendix 8-P Sec 8-13-90 Inspections A Inspection of work performed within Weld County right-of-way pursuant to an approved Right of Way Use Permit is required Inspections during the construction penod will be made by the Weld County Department of Public Works to ensure that work is progressing in compliance with the Permit It shall be the responsibility of the Permittee to provide safe access to the work site for the Department and to all others as authorized by law for inspection at all reasonable times during the execution and upon completion of the work At the time of inspection the Department may order the Immediate termination of any work which poses a serious threat to the life health safety or well-being of the public B It shall be the'responsibility of the Permittee to notify the Department of Public Works when work Is ready for inspection The Department requires that every request for inspection be received at least forty eight (48) hours before such inspection Such requests may be made by telephoning etnaihng or faxing the Department The I presence of Department employees on site shall not guarantee or qualify the Permittee s performance The approved permit must be available on -site, for review by Department staff Failure to comply will result in suspension of the Permit - C -The Depa.t..,e'- of oub,.c isio.o-s .-'ay "55e or require other ,nspec.,o:,s or tesnng of any work as deemed necessary to ascertain compliance with the provisions of this Article Any work performed without the required inspections shall be subject to removal , and replacement at the Permittee's expense regardless of the quality of the work Any inspection hours required outside of the normal working hours will be paid by the , Permittee Certain types of work may have continuous inspection and when large-scale i ' projects exceed the ability of the Department to provide inspection the Permittee will - incur the cost of a private inspection firm This third -party inspector will be appointed by the Department prior to issuance of the Permit Sec 8-13-100 Administrative fee All required fees shall be paid in full at the time of the permit application The fee schedule for Right -of -Way Use Permits shall be as determined by resolution of the Board of County Commissioners and shall be shown on the permit' if the applicant objects to the denial of a permit application by the Weld County Department of Public Works, or objects to any of the terms or conditions of a permit thereby placed by the Department - the applicant has the right to appeal the decision to the Board of County Commissioners in accordance with the procedures detailed in Section 12-4-110 below Sec 8-13-110 Appeal of denial of Right -of -Way Use Permit if an application for an Right -of -Way Use Permit is denied by the Weld County Department of Public Works or if the applicant objects to any of the temps or conditions of a permit thereby placed by the Department the applicant has the right to appeal the decision to the Board of County Commissioners in writing, utilizing the appeal procedures set forth in Section 2-4-10 of this Code Sec 8-13-120 Failure to comply A The issuance of the Right -of -Way Use Permit basedrori plans, specifications or other data shall not prevent the Weld County Department of Public Works from requiring the correction of errors in the plans specifications and other data or from stopping excavation or construction operations being conducted in violation of this Article or any other regulations of the County Failure of the applicant to comply with any of the terms and conditions of the Permit shall be sufficient cause for cancellation of the permit B The Permittee shall correct any unsatisfactory work including but not limited to, defects in removal replacement or patching If the Permittee fails to restore the Weld County right of way in the manner and to the condition required by the Weld County Department of Public Works or fails to satisfactorily and timely complete all restorations required by the Department, the County shall have the right to perform the restorations at the expense of the Permittee C Weld County reserves the right to require relocation of any -facilities within the dedicated right of way at any time without compensating the owner If the Contractor or Permittee does not perform the required relocation within four (4) months of notification from the Weld County Department of Public Works no new permits will be issued from the Department of Public Works for the contractor until the relocation has been accomplished Sec 8-13-130 Permit suspension or revocation A The Weld County Department of Public Works may deny revoke or suspend any Right of Way Use Permit to protect the public health, safety welfare and safe function of Weld County roads The grant of the Right of -Way Use Permit to the Permittee is a privilege not a right The County reserves its right to revoke any Right of -Way Use Permit without a fee refund whenever the Permit is issued in error or on the basis of incorrect information supplied by the Permittee, or whenever the Permit may have been issued in violation of any provisions of this Article B If the Weld County Department of Public Works determines that the Permittee has committed a substantial breach of a term or condition of any statute ordinance rule regulation or any term or condition of the Permit, the Department shall notify the Permittee of its suspension by either a phone call or a written demand, and the Permittee must then remedy the violation The demand shall state that continued violations may be cause for revocation of the permit Further a substantial breach shall allow the' Department to place additional or revised conditions on the Permit C Within twenty-four (24) hours of receiving notification of the suspension the Permittee shall contact the Weld County Department of Public Works with a plan of correction which must be accepted by the Department The Permittee s failure to contact the Department failure to submit an acceptable plan or failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit and termination of work Upon revocation of the permit the Permittee will be required to re apply for a new permit and will be charged for any additional fees that may be applicable Sec 8 13-140 Enforcement A Violations and Penalties Weld County through the Weld County Department of Public Works or other departments so authonzed may enforce this Article through methods included in this Article or through other methods adopted by the Board of County _ Commissioners B Criminal Penalties 1 it is unlawful to occupy,,construct or excavate within any Weld County right of -way or encroach upon any County right -of way unless a Right -of -Way Use Permit is first issued Any person, firm or corporation violating any provision of this Article is guilty of a Class 2 petty offense, which upon conviction thereof, shall be punishable by a fine of three hundred dollars ($300 00) or by Imprisonment In the County Jail for not more than ten (10) days, or by both such fine and imprisonment for each separate violation Each day during which such violation continues shall be deemed a separate offense 2 Whenever the Weld County Department of Public Works through one (1) of its employees has personal knowledge of any violation of this Article It shall give written notice to the violator to correct such violation within seven (7) days after the date of such notice Should the violator fail to correct the violation within such seven-day period, the department may request that the Sheriff's Office issue a summons and complaint to the violator stating the nature of the violation with sufficient particularity to give notice of said charge to the violator The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge One (1) copy of said summons and complaint shall be served upon the violator by the Sheriff Office in the manner provided by law for the service of a criminal summons One (1) copy each shall be retained by the Sheriffs Office and the Department and one (1) copy shall be transmitted to the Clerk of the Court The County may remove any obstruction or work not conforming to this Article during the pendency of the enforcement action 3 It is the responsibility of the County Attorney to enforce the provisions of this Section In the event the Board of County Commissioners deems it appropriate the Board of County Commissioners may appoint the Distnct Attorney to perform such enforcement duties in lieu of the County Attorney 4 Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2 201, C R S , for any violation of this Article C Equitable Reiter ill civil Anson in thn oacc of any violation of this Article the County Attorney, In addition to the other remedies provided by law ordinance or resolution stay " Institute an Injunction mandamus abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such violation D Civil Penalties In addition to any of the penalties set forth above any person firm or corporation violating any such regulation, provision or amendment thereof or any provision of this Article may be subject to the imposition by order of the County Court of a civil penalty in an amount of not less than two hundred fifty dollars ($25Q 00) nor more than five hundree dollars ($500 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 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 shah rn accordance u, ,h 'he subsequen' pro,ns'ons or this Section be she subject of a continuing penalty in an amount not to exceed fifty dollars ($50 00) for each such day _ In no event shall civil penalties imposed pursuant to this Subsection, constitute a hen against real property , ADD APPENDIX 8-P - RIGHT-OF-WAY USE APPLICATION it BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and ' hereby is directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein to coincide with chapters, articles divisions sections, and subsections as they currently exist within said Code and to resolve any , inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles divisions sections and subsections in said Code BE IT FURTHER ORDAINED by the Board, if any section subsection paragraph, sentence clause or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section subsection paragraph sentence clause and phrase thereof irrespective of the fact that any one or more sections subsections paragraphs sentences clauses or phrases might be declared to be unconstitutional or invalid The Tribune - December 5, 2018 Hello