HomeMy WebLinkAbout20181656.tiff_1/45,1A-e,e
//
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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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 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.
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 mayThe department shall determine
what evidence to present evidence at athe probable cause hearing _vidence shall, which
PAGE 1
2018-1656
ORD2018-04
may consist of:
a. Oral testimony.
b. Exhibits and documentary evidence of any kind.
c. Statements of the person presenting the evidence.
32. 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 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 warranting the
proceedings complained of.evidence supporting the allegations of violations of the Weld
County Code.
D. Decision. At the conclusion of the presentation of evidence, the board, commission,
rative 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.
Remainder of Section — No change.
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.
PAGE 2
2018-1656
ORD2018-04
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
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 3
1
1
2018-1656
ORD2018-04
Hello