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Home My Public Portal AboutOrdinance NO. 443 Amending Chapter 7 of the Municipal Code TOWN OF FRASER ORDINANCE NO. 443 Series 2017 AN ORDINANCE AMENDING CHAPTER 7 OF THE FRASER MUNICIPAL CODE. WHEREAS, under Colorado law, the Board of Trustees of the Town of Fraser is authorized to adopt and amend nuisance regulations applicable within the Town; and WHEREAS, the Board of Trustees finds and determines that the following amendments are in the best interests of the public health, safety and general welfare of the citizens, residents and taxpayers of the Town of Fraser; and that all applicable requirements of the Code of the Town of Fraser and state statutes have been met with respect to the adoption of said amendments. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 7 (Health, Sanitation and Animals), Article 2, of the Fraser Municipal Code (herein sometimes referred to as the "Town Code") is hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as ctrikcthrough print]: 1.1 Chapter 7, Article 2 of the Town Code is amended as follows: ARTICLE 2 - Nuisances Sec. 7-2-10. - Nuisance defined. f It shall be unlawful to place, discard or abandon any of the following where such is visible from a public right-of-way, public property, or other place of public access. Any such item is hereby declared to be a public nuisance and any person causing or permitting any such nuisance shall be in violation of this Article. Storage of construction or building materials unless such materials are neatly stacked and organized. fl Abandoned, discarded or unused objects, or objects that are no longer being used for their intended purpose such as indoor furniture, mattresses, bedframes, dressers, electronics, appliances, machinery, scrap metal, auto or mechanical parts, or any other such item. fl Any accumulation of rubbish or household garbage. al Tires except seasonal tires that are neatly stacked or stored against part of a fixed building structure such as a house, garage, or shed. j Automobiles, vehicles, trailers, recreational vehicles in a state of disassembly, disrepair, or in the process of being stripped or dismantled unless such is enclosed within a garage. Only one unlicensed or unregistered vehicle is permitted per property. L6_1 Any shelter or covering made of plastic, cloth, or similar material with tears or holes larger than 24 inches. 221 Any activity or condition which has been declared to be a nuisance by state courts or statutes or known as such at common law shall constitute a nuisance in the Town, and any person causing or permitting any such nuisance shall be in violation of this Article. (a) Every cellar, vault, lot, sewer, drain, place or premises within the Town which is h alth and safety. (b) Any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises arc located is hereby declared to be a nuisance. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premises of, any of the following: (1) Lumber (except as part of an on going construction project), junk, trash or debris; (2) Abandoned, discarded or unused objects or equipment such as (3) Any compost pile which is of such a nature as to spread or harbor disease, disease carrying pests, animals or insects; provided that the presence of Sec. 7 2 20. Sewer connections; maintenance of privies. No person owning or occupying any lot or premises within any regularly established sewer district of the Town shall be permitted to have upon his or her premises any privy or water closet, except that the same shall be properly connected with a sewer; and no person shall her after construct within a sewer district any cesspool, but all waste, soil and drain pipes shall be connected with the sewer. All cesspools heretofore having a privy or water closet thereon fails or refuses to comply with any provisions of Sec. 7 2 30. Putrid animal or vegetable matter. If any person within this Town keeps any unsound or putrid animal or vegetable matter, hides or skins of any character or kind whatsoever, places or permits to remain in a matter or any offensive matter whatsoever or anything likely to become offensive, or outhouse, privy, yard or enclosure owned, used or occupied by him or her in any such manner that the same is offensive or prejudicial to health, the Board of Health shall may be recovered by it by proper action from the creator thereof. - 2 - Sec. 7 2 10. Sale - _ - _••- •• - , . _- __ - _ •- No person shall keep for sale or sell any putrid, unwholesome or diseased meat, nor sell or keep for sale any unwholesome or decayed fruit or vegetables or adulterated drug or food of any kind or nature whatsoever, or impure or adulterated milk or milk from cows infected with any contagious disease. Sec. 7 2 50. Unwholesome conditions. decaying vegetable matter, is in such condition as to produce unwholesome or abated, may require the owner, occupant or person in charge of such lot, premises or place to perform such duty, may require the owner or occupant of any building or down or remove the same, or may cause the same to be done by the proper officers of the Town. All of the provisions of this Section affecting any premises or lot shall also person refuses to comply with any order of the Board of Health concerning the removal abate said nuisance. In case any lot having thereon any of the foregoing nuisances or any other nuisance is owned by a person not a resident of the Town, the Board of upon the owner thereof. PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding two thousand six hundred fifty dollars ($2,650.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense. PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause - 3 - or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 5: DECLARATION OF EMERGENCY; EFFECTIVE DATE. Because of the need to act promptly to address apparent nuisance conditions existing within the Town, the Board of Trustees hereby finds, determines, and declares that an emergency exists, that this Ordinance is necessary for the immediate preservation of public peace, health, safety and welfare, and that it shall be in full force and effect immediately upon adoption. PART 6: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND OfERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS I 'nl DAY OF 00\1 , 2017. l Votes in favor: -7 BOARD OF TRUSTEES OF THE Votes opposed: 0 TOWN OF FRASER, COLORADO Votes abstained:O (----P BY: ,iG•r•rviwAsi Philip Vandernail, Mayor ((AA-0FF-,i,nJ ATTEST: (S Ep co Antoinette McVeigh, Town Clerk , <ORp Published in the Middle Park Times on JU \t 7, 2017. - 4 - Ad Number Ad Type Production Method Production Notes 0000088843-01 CMN Legal Line AdBooker External Ad Number Ad Attributes Ad Released Pick Up No Ad Size Color 1 X 24 li WYSIWYG Content NOTICE OF ADOPTION OF ORDINANCE Please take notice that,on July 19,2017 the Boarc of Trustees for the Town o1 Fraser, Colorado, aF proved and adopted an Ordinance entitled: TOWN OF FRASER ORDINANCE NO.443 Series 2017 AN ORDINANCE AMENDING CHAPTER 7 THE MUNICIPAL CODE. This Ordinance shall take effect immediately after passage,adoption and publication thereof as provid- ed by law. A copy of this Ordinance in full is availa tile for public inspection during Town regular busi. ness hours at the Town Hall, 153 Fraser Avenue Fraser,Colorado. s/Antoinette McVeigh,Town Clerk Published in the Middle Park limes on July 27. 2017. 0000088843 Run Date Product Placement Rate Sched Cst Disc/Prem Color Pickup Tax Subtotal 07/26/2017 CMN Online Regional B LEGALS CMN $0.00 per Inch $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 07/26/2017 CMN Sky Hi News LEGALS CMN $0.00 per Inch $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 07/27/2017 CMN Middle Park Times LEGALS CMN $7.02 per Inch $14.03 $0.00 $0.00 $0.00 $0.00 $14.03 07/27/2017 CMN Online Regional B LEGALS CMN $0.00 per Inch $0.00 $0.00 $0.00 $0.00 $0.00 $0.00