HomeMy WebLinkAbout20181658.tiffCheryl Hoffman
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Hi Cheryl,
Esther Gesick
Friday, June 01, 2018 5:39 AM
Cheryl Hoffman
Bob Choate
FW: Suggested Redline for Second Reading of Ordinance Probable Cause Hearing
Procedures
Ord18-04.lst.docx
This is just FYI until after the work session, then you'll need to follow up with Bob to see if there are any additional
revisions before updating in preparation for second reading.
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O Street I P.O. Box 7581 Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
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of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Bob Choate
Sent: Wednesday, May 30, 2018 4:28 PM
To: Commissioners <COMMISSIONERS@co.weld.co.us>
Cc: Bruce Barker <bbarker@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick
<egesick@weldgov.com>
Subject: Suggested Redline for Second Reading of Ordinance - Probable Cause Hearing Procedures
Commissioners,
Please see the attached redline draft for second reading of Code Ordinance 2018-04, related to Probable Cause Hearing
Procedures. Per your request at first reading, a 15 minute work session on this matter has been scheduled for Monday,
June 11th, at 8:30 a.m. Please let me know if you have any questions or comments.
Thanks,
Bob Choate
Assistant Weld County Attorney
1 150 "O" Street; P.O. Box 758
Greeley, Colorado 80632
Tel: 970-336-7235
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WELD COUNTY
CODE ORDINANCE 2018-04
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2
ADMINISTRATION, 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 2
ADMINISTRATION
Amend Sec. 2-4-40. Probable cause hearings.
A. Purpose. The purpose of this outline is to provide the Board of County Commissioners with a
set of procedures for use in probable cause hearings.
B Procedure and evidence:
1. Upon receipt of a complaint alleging violations of the Weld County Code for which the
applicable department has an obligation to enforce, the department shall investigate to
determine if evidence exists to support the allegations. If evidence exists to support the
alleged violations, the department may coordinate with the person against whom the
complaint is made to correct the violations in an expeditious manner. If the person is
unwilling or unable to correct the violations within a reasonable amount of time, a probable
cause hearing shall be scheduled and notice shall be provided to the person against whom
the complaint is made.
The probable cause hearing shall be conducted informally and not subject to strict judicial
or technical rules of procedure. A wide latitude in the manner of presenting the respective
PAGE 1
2018-*
ORD2018-04
positions should be afforded the parties. The department shall determine what evidence
to present at the probable cause hearing, which may consist of:
a. Oral testimony.
b. Exhibits and documentary evidence of any kind.
c. Statements of the person presenting the evidence.
The person against whom the complaint is made may, in rebuttal. present any of the
evidence listed in Paragraph 1 above.
4. Probable cause hearings are not open to public comment, expect except by invitation of
the Board of County Commissioners.
C. Definition of probable cause. Probable cause is defined as a reasonable ground for belief in
the existence of evidence supporting the allegations of violations of the Weld County Code.
D. Decision. At the conclusion of the presentation of evidence. the Board of County
Commissioners shall make an oral decision. The decision shall be to either dismiss the case,
continue the case to a time specified in the future or to set the case for a formal show -cause
or other type hearing at a time specified in the future.
E Notice.
1 Notice of the probable cause hearing shall be sent by certified mail. return receipt
requested. to the person against whom the complaint is made at least ten (10) days prior
to the date of the hearing. Said notice shall be effective upon the date of mailing.
2. Notice may also be served upon the person against whom the complaint is made in
accordance with the Colorado Rules of Civil Procedure at least seven (7) days prior to the
date of the hearing.
3. In land use cases when a probable cause hearing results in a show -cause hearing being
set, the Clerk to the Board will send ten (10) days' notice, by certified mail, return receipt
requested, to the surrounding property owners. as well as the property owner/operator.
PAGE 2
2018-*
ORD2018-04
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 above and foregoing Ordinance Number 2018-04 was, on motion duly made and
seconded, adopted by the following vote on the 2nd day of July, A D , 2018
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Steve Moreno, Chair
Weld County Clerk to the Board
Barbara Kirkmeyer, Pro-Tem
BY
Deputy Clerk to the Board
Sean P Conway
APPROVED AS TO FORM
Julie A Cozad
County Attorney
Mike Freeman
Date of signature
PAGE 3
2018-*
ORD2018-04
First Reading
Publication
May 23, 2018
May 30, 2018, in the Greeley Tribune
Second Reading June 11, 2018
Publication June 20, 2018, in the Greeley Tribune
Final Reading
Publication
July 2, 2018
July 11, 2018, in the Greeley Tribune
Effective July 16, 2018
PAGE 4
2018-*
ORD2018-04
Please see the attached redlined code change to section 2-4-40 We need to get this set for next available dates Work
session and Board authorization to move forward has already occurred Let me know how I can assist
Thanks
Bob Choate
Assistant Weld County Attorney
1150 "O" Street, P O Box 758
Greeley, Colorado 80632
Tel 970-336-7235
Fax 970-352-0242
Email bchoate@weldgov com
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replying and delete the message Thank you
2018-1658
2
Sec. 2-4-40. - Probable cause hearings.
A. Purpose. The purpose of this outline is to provide boards, commissions, department heads and other
administrative --bodies in the Board of County Commissioners with a set of procedures for use in
probable cause hearings.
B. Procedure and evidence:
1 Upon receipt of a complaint alleging violations of the Weld County Code for which the applicable
department has an obligation to enforce, the department shall investigate to determine if
evidence exists to support the allegations. If evidence exists to support the alleged violations, a
probable cause hearing shall be scheduled and notice shall be provided to the person against
whom the complaint is made.
2. The probable cause hearing shall be conducted informally and not subject to strict judicial or
technical rules of procedure. A wide latitude in the manner of presenting the respective
positions should be afforded the parties. Any person may The department shall determine what
evidence to present e- € ee-at athe probable cause hearing Evidence shall which may
consist of:
a. Oral testimony.
b. Exhibits and documentary evidence of any kind.
c. Statements of the person presenting the evidence.
2. The person against whom the complaint is made may, in rebuttal, present any of the evidence
listed in Paragraph 1 above.
3. Probable cause hearings are not open to public comment, except by invitation of the Board of
County Commissioners.
C Determination Definition of probable cause. The complaining party shall have the burden of
proving that probable cause exists to have a hearing concerning the complaint. Probable cause is
defined as a reasonable ground for belief in the existence of facts warran# g evidence supporting
the allegations of violations of the proceedings complained of.Weld County Code.
D. Decision. At the conclusion of the presentation of evidence, the board, commission, department
head or other administrative -bodyBoard of County Commissioners shall make an oral decision. The
decision shall be to either dismiss the case, continue the case to a time specified in the future or to
set the case for a formal show -cause or other type hearing at a time specified in the future.
E. Notice.
1. Notice of the probable cause hearing shall be sent by certified mail. return receipt requested, to
the person against whom the complaint is made at least ten (10) days prior to the date of the
hearing. Said notice shall be effective upon the date of mailing.
2. Notice may also be served upon the person against whom the complaint is made in accordance
with the Colorado Rules of Civil Procedure at least seven (7) days prior to the date of the
hearing.
3. In land use cases when a probable cause hearing results in a show -cause hearing being set,
the Clerk to the Board will send ten (10) days' notice, by certified mail, return receipt requested,
to the surrounding property owners, as well as the property owner/operator.
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