HomeMy WebLinkAbout20142431.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014-11 was introduced
on first reading on August 4, 2014, and a public hearing and second reading was held on
August 25, 2014. A public hearing and final reading was completed on September 15, 2014,
with no change being made to the text of said Ordinance, and on motion duly made and
seconded, was adopted. Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located 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. 2014-11
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, AND CHAPTER 30 ON-SITE
WASTEWATER TREATMENT SYSTEM REGULATIONS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: September 29, 2014
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 19, 2014
PUBLISHED: September 24, 2014, in the Greeley Tribune
"0/1/-024,3(
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I Desirea Larson
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
NOTICE OF the regular and entire issue of every number of said
• FINAL READING OF ORDINANCE newspaper during the period and time of
• Pursuant
u be 201411e waasld nttrrod�a,naereaengonOAugust4, publication of said notice, and in the newspaper
•• 2014,and a public hearing and second reading was helgd on Au- and not in a su ]ement thereof; that the
gust 25,2014. A public hearing and final reading was complet- proper pP
• ed on September 15,2014,with no change being made to the first publication of said notice was contained in the
text of said Ordinance,and on motion duly made and seconded,
•
was adopted. Effective date of said Ordinance is listed below. Twenty-fourth day of September A.D. 2014 and
Any backup material,exhibits or information previously submit-
ted to the Board of County Commissioners concerning this mat- the last publication thereof: in the issue of said
ter may be examined in the office of the Clerk to the Board of
County Commissioners,located within the Weld County Admin- newspaper bearing the date of the
istration Building,1150 O Street,Greeley,Colorado,between the
hours of 8:00 a.m.and 5:00 p.m.,Monday thin Friday,or may be Twenty-fourth day of September A.D. 2014 that
accessed through the Weld County Web Page
www.co.weld.co.us). E-Mail messages sent to an individual said The Greeley Tribune has been published
Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file.please continuously and uninterruptedly during the period
send a coppyy to egesicketco.weld.co.us.
ORDINANCENO 2014-t1 of at least six months next prior to the first issue
REENACTING,G,WICE TH AMENDMENTS,CHAE REPEALINGHAND thereof contained said notice or advertisement
AND ANIMALS,AND CHAPTER 30 ON-SITE WASTEWATER
TREATMENT SYSTEM REGULATIONS,CIF THE WELD above referred to; that said newspaper has been
COUN CODE
EFFECTIVE T DATE: September 29,2014 admitted to the United States mails as second-class
BOARD OF COUNTY COMMISSIONERS matter under the provisions of the Act of March
WELD COUNTY,COLORADO 3,1879, or any amendments thereof; and that said
DATED: September lg.zola newspaper is a daily newspaper duly qualified for
The Tribune
September 24.2014 publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
September 24,2014
Total Charges: $7.68
•
•
•
1 nl 1" 1
24th day of Se e e 2014
My Commission Expires 6/14/2017
atiY—S
•
Notary Public
ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSIONIEXPIRES JUNE 14,2017
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014- 11 was introduced
on first reading on August 4, 2014, and a public hearing and second reading was held on
August 25, 2014, with no change being made to the text of said Ordinance. A public hearing
and third reading is scheduled to be held in the Chambers of the Board , located within the Weld
County Administration Building , 1150 O Street, Greeley, Colorado 80631 , on September 15,
2014. All persons in any manner interested in the next reading of said Ordinance are requested
to attend and may be heard .
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require
reasonable accommodations in order to participate in this hearing .
Any backup material , exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located 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. 2014- 11
ORDINANCE TITLE : IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS , CHAPTER 14 HEALTH AND ANIMALS , AND CHAPTER 30 ON-SITE
WASTEWATER TREATMENT SYSTEM REGULATIONS, OF THE WELD COUNTY CODE
DATE OF NEXT READING : September 15, 2014, at 9: 00 a. m .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 29, 2014
PUBLISHED : September 3, 2014, in the Greeley Tribune
J
,,90N-021/ 3/
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I Desirea Larson
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
Ithat 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
NOTICE OF consecutive (days): that the notice was published in
SECOND READING OF ORDINANCE •Pursuant the the regular and entire issue of every number of said
Number 2014-11Neld was introduced ed on Home firstreadngCharter
onAugust 4,
rdinance newspaper during the period and time of
2014, and a public hearing and second reading was held on Au- publication of said notice, and in the newspaper
gust 25, 2014, with no change being made to the text of said Or•dinance. A ublic hearing and third reading is scheduled to be proper and not in a supplement thereof; that the
held in held in the Chambers of the Board, located within the Weld
County Administration Building, 1150 O Street, Greeley, Colo. first publication of said notice was contained in the
rado 80631, on September 15, 2014. All persons in any manner interested in the next reading of said Ordinance are requested to Third day of September A.D. 20.14 and the last
attend and may be heard, Please contact the Clerk to the
Board's Office 9 0 3522 0242,rp�or to hone the day of 336-7h 1 hearing if5. .Extension
4225,
result of a publication thereof: in the issue of said newspaper
disability. you require reasonable accommodations in order to bearing the date of the
participate in this hearing. Any backup material, exhibits or in-
formation previously submitted to the Board of County Commis Third day of September A. I). 2014 that said The
signers concerning this matter may be examined in the office of
the Clerk to the Board of County Commissioners, located within Greeley Tribune has been published continuously
the Weld County Administration Building, 1150 O Street. Gree-
ley. Colorado. between the hours of 8:00 a.m. and 5:00 p.m., and uninterruptedly during the period of at least six
Monday thru Friday, or may be accessed through the Weld
County Web Page (www.co.weld.co us). E-Mail messages sent months next prior to the first issue thereof
to an individual Commissioner may not be included in the case
file To ensure inclusion of your E-Marl correspondence into the contained said notice or advertisement above
case file please send a copy to egesick co.weld.Co us
ORDINANCE
ORDINANCE NO 2014-11 referred to; that said newspaper has been admitted
REENACTING TtWITH AMENDMENTS. CTLE: IN THE MATTER APER 14 HEALTH
OF
REPEALING
to the United States mails as second-class matter
AND ANIMALS. AND CHAPTER 30 ON-SITE WASTEWATER
under the provisions of the Act of March 3, 1879, or
TREATMENT SYSTEM REGULATIONS. OF THE WELD
COUNTY CODE
DATE OF NEXT READING: September 15 2014. at 9:00 a.m any amendments thereof; and that said newspaper
BOARD OF COUNTY COMMISSIONERS is a daily newspaper duly qualified for publishing
WELD COUNTY, COLORADO legal notices and advertisements within the
DATED: August 29, 2014 meaning of the laws of the State of Colorado.
The Tribune
September 3, 2014
September 3, 2014
Total Charges: $8.93
^ , n
. L ,, ► 1
3rd day of S• .to t►er 2014
w
My Commission Expires 6/14/2017
AZOtted
Notary Public
ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014018494
ti MY COMMISSION EXPIRES JUNE 14, 2017 ,A
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014-11 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
August 4, 2014, 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 August 25, 2014. All persons in any manner interested in the reading of
said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located 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. 2014-11
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, AND CHAPTER 30 ON-SITE
WASTEWATER TREATMENT SYSTEM REGULATIONS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: August 25, 2014, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 8, 2014
PUBLISHED: August 13, 2014, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2014-11
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14
HEALTH AND ANIMALS, AND CHAPTER 30 ON-SITE WASTEWATER TREATMENT
SYSTEM REGULATIONS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
2014-2431
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 14
HEALTH AND ANIMALS
Amend Sec. 14-3-120. Denial of permit or plan disapproval.
A - No Change
B. Appeal to the Board of Public Health. Any person who is denied a permit or whose plans
for a cistern are disapproved may appeal to the Board of Public Health as herein
provided. The applicant must file a written appeal within ten (10) days of denial or
disapproval.
C. Variance. Upon a finding that strict enforcement of regulations contained in this Article
would cause undue hardship to the applicant and a further finding of the variance would
not be injurious to the occupants' health or the public health, the Board of Public Health
may authorize the issuance of the variance. Burden of proof is upon the applicant to
show the variance will not conflict with the purposes of these regulations and will not
adversely affect the health of any person.
D. Right to appeal. Should the Board of Public Health deny an appeal or a variance under
Subsection C above, the applicant shall have the right to appeal such decision to the
Board of County Commissioners pursuant to Section 3-8(n) of the Home Rule Charter.
E. Time of appeal. Every appeal from a decision of the Board of Public Health must be filed
within ten (10) days from the date of the decision of the Board of Public Health. The date
of the decision shall be the date the written order is signed by the Chairman of the Board
of Public Health.
Remainder of Section - No change
Amend Sec. 14-5-10. Purpose.
The purpose of these regulations is to establish the safe and sanitary practice of body
art, the safe and sanitary physical environment where body art is performed, and the safe and
sanitary conditions of equipment utilized in body art procedures. Nothing in these regulations is
intended to create a duty of care or create liability on the part of the Board of County
Commissioners or any agency, officer or employee of the County.
Amend Sec. 14-5-140. Compliance procedures.
A - No change
B. The Board of Public Health, after an administrative hearing at which the licensee shall be
afforded an opportunity to be heard, may recommend to the Board of County
Commissioners, sitting as the Board of Public Health, the imposition of penalty fees for
violations of this regulation not to exceed two hundred fifty dollars ($250.00) for each day
of violation, as specified in Section-25-4-2102, C.R.S. The Board of Health shall conduct
an administrative hearing to determine whether a penalty fee, and in what amount, shall
be imposed. Both hearings, except as set forth in this Article, shall be conducted in
accordance with Section 2-4-50 of this Code. The amount of the penalty shall be
determined after considering the degree of danger to the public caused by the violation,
the duration of the violation, and whether such facility has committed any similar
violations.
C. Suspension or revocation of licenses.
1. Whenever a licensee, operator, or employee of a body art establishment has
failed to comply with any provisions of this Chapter, a hearing may be scheduled
by the Department before the Board of Public Health, pursuant to Section 2-4-50
of this Code, except as set forth in this Article, to consider whether a
recommendation for the revocation or suspension of the license shall be
forwarded to the Board of Commissioners sifting as the Board of Health. Upon
such recommendation to revoke or suspend a license, the Board of Health shall
conduct an administrative hearing to determine whether a revocation or
suspension shall be imposed. The administrative hearing before the Board of
Health shall be conducted in accordance with Section 2-4-50, except as set forth
in this Article. Notice of the Board of Health hearing shall be deemed
accomplished provided the licensee or operator, or their representative, was
present at the Board of Public Health hearing and was notified at such hearing of
the time, date, and place of the upcoming hearing.
2. Summary suspension. The Director of the Department may summarily suspend a
license issued under this Chapter for a period not to exceed ten (10) days upon a
finding that any licensee, operator, or employee of a body art establishment has
violated or failed to comply with any provisions of this Chapter resulting in an
emergency circumstance which requires immediate action pending a hearing on
suspension or revocation of a license. The Director first must find that the
conduct of the licensee/operator or other agents or employees or the condition of
a body art establishment presents an imminent danger to the health, safety and
welfare of the residents of the County and patrons of the establishment prior to
issuing such an order pending a hearing on suspension or revocation of a
license. The licensee or permit holder shall receive written notice of such
summary suspension. The temporary suspension shall become effective three
(3) days after the date of mailing the written notice by certified mail, return receipt
requested, to the licensee, or on the date of service of the notice upon the
licensee pursuant to the Colorado Rules of Civil Procedure. In addition to the
issuance of notice by certified mail, or pursuant to the Colorado Rules of Civil
Procedure, notice of suspension shall be conspicuously posted at the body art
establishment. A hearing on suspension or revocation of the license shall be held
before the Board of Public Health not later than ten (10) days after the effective
date of the temporary suspension. The written notice of temporary suspension
shall include notice of the time, place, and purpose of such hearing, as well as
the grounds for temporary suspension and possible further suspension or
revocation. At such hearing, the Board of Public Health shall decide whether to
recommend a suspension or revocation, pursuant to Section 14-5-140(C)(1) and,
upon forwarding a recommendation for suspension or revocation to the Board of
County Commissioners sitting as the Board of Health, may extend the temporary
suspension until the Board of Health hears the matter, which shall take place no
later than ten (10) days of the Board of Public Health recommendation for
suspension or revocation.
3. Any person whose license has been suspended, pursuant to Section 14-5-
140(C)(1) may, at any time, make application for reinstatement of the license.
Within ten (10) days following receipt of a written request, including a statement
signed by the applicant, which specifies that the conditions causing suspension
have been corrected, and the submission of the appropriate re-inspection fees,
the Department shall reinspect the body art establishment or evaluate
documentation provided by an operator. If the applicant is in compliance with the
provisions of this regulation, the license shall only be reinstated upon approval of
the Board of Health.
D. Grounds for revocation, denial or suspension of license.
1 and 2 - No change
3. Refusal to permit entry by the Department or personnel or other agents for
inspection.
4 and 5 - No change
Delete Sec. 14-5-150. Delegation of authority to impose penalty assessments.
CHAPTER 30
ON-SITE WASTEWATER TREATMENT SYSTEM REGULATIONS
Amend Sec. 30-4-30. Permit application requirements and procedures.
A through D - No change
E. Permit fees.
1. A permit fee, as set by the Board of County Commissioners, shall be required of
applicants for the installation, alteration or repair of an OWTS, payable at the
time the application is received. Permit fees are nonrefundable, except as
specifically provided in Paragraph E.2. below. Permit applications are
nontransferable. The issuance of a permit does not denote approval of any
zoning, subdivision or building code requirements.
2. Fee refunds:
Remainder of Section - No change
Amend Sec. 304-110. Systems contractor license.
A through C - No change
D. Suspension or Revocation of license.
1. Whenever a licensee has failed to comply with these Regulations, or for other
good cause shown above, a hearing may be scheduled by the Department
before the Board of Public Health pursuant to Section 2-4-50 of this Code, except
as set forth in these Regulations, to consider whether a recommendation for the
suspension or revocation of the license shall be forwarded to the Board of
Commissioners sitting as the Board of Health. Upon such recommendation to
suspend or revoke the license, the Board of Health shall conduct an
administrative hearing to determine whether a suspension or revocation shall be
imposed. The administrative hearing before the Board of Health shall be
conducted in accordance with Section 2-4-50, except as set forth in these
Regulations. Notice of the Board of Health hearing shall be deemed
accomplished provided the licensee, or their representative, was present at the
Board of Public Health hearing and was notified at such hearing of the time, date,
and place of the upcoming hearing.
2. Written notice of suspension or revocation explaining the violations shall be
served upon the holder of the systems contractor license. Service of notice as
required in this Section shall be as provided by the Colorado Rules of Civil
Procedure or by certified mail, return receipt requested, deliverable to the
addressee only.
Remainder of Section - No change
Amend Sec. 304-120. Regulations of systems cleaners.
A and B - No change
C. Suspension or Revocation of a systems cleaner license. The procedures described in
Subsection 30-4-110.D. shall be followed for the suspension or revocation of a license.
Amend Sec. 304-170. Penalties.
A. Any person who commits any of the following acts or violates any of the provisions of
this Section commits a Class 1 petty offense as defined in Section 18-1.3-503, C.R.S.:
1. Constructs, alters, installs or permits the use of any OWTS without first having
applied for and received a permit as provided for in these Regulations, the
OWTS Act and any other applicable rules and regulations adopted thereunder;
2. Constructs, alters or installs an OWTS in a manner which involves a knowing and
material variation from the terms or specifications contained in the application,
permit or variance;
3. Violates the terms of a cease and desist order that has become final under the
terms of Section 25-10-106(1)(k), C.R.S.;
4. Conducts a business as a systems contractor without having obtained the license
provided for in these Regulations, the OWTS Act and any other applicable rules
and regulations adopted thereunder;
5. Conducts a business as a systems cleaner without having obtained the license
provided for in these Regulations, the OWTS Act and any other applicable rules
and regulations adopted thereunder;
6. Falsifies or maintains improper records concerning system cleaning activities not
performed or performed improperly; or
7. Willfully fails to submit proof of proper maintenance and cleaning of a system as
required by these Regulations, the OWTS Act and any other applicable rules and
regulations adopted thereunder.
B. In addition to the penalty that may be imposed pursuant to Section 30-4-170(A) above,
the Board of County Commissioners, sitting as the Board of Health, may assess a
monetary penalty pursuant to Section 25-10-113, C.R.S.
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
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.
Affidavit of Publication
STATE OF COLORADO
SS.
County of Weld.
1 Desirea Larson
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GRF.EI.,EY 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
Thirteenth day of August A.D. 2014 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Thirteenth day of August A.D. 2014 that said The
Greeley Tribune 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.
August 13,2014
Total Charges: $97.50
13th day of At A 20 4
My Commission Expires 6/14/2017
Notary Public
ROBERT LITTLE
NOTARY PUBLIC ti
STATE OF COLORADO ti
NOTARY ID 20014018494
MY COMMISSION EXPIRES JUNE 14,2017
NOTICE OF
FIRST READING OF ORDINANCE
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