Loading...
HomeMy Public PortalAbout05b Ordinance 443 Property Maintenance 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 strikethrough print]: 1.1 Chapter 7, Article 2 of the Town Code is amended as follows: ARTICLE 2 - Nuisances Sec. 7-2-10. - Nuisance defined. (a) 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. (1) Storage of construction or building materials unless such materials are neatly stacked and organized. (2) 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. (3) Any accumulation of rubbish or household garbage. (4) Tires except seasonal tires that are neatly stacked or stored against part of a fixed building structure such as a house, garage, or shed. (5) 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. (6) Any shelter or covering made of plastic, cloth, or similar material with tears or holes larger than 24 inches. - 2 - (b) 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 damp, unwholesome, offensive, filthy o r covered any portion of the year with stagnant or impure water or is in such condition as to produce unwholesome or offensive exhalations; every source of filth and cause of sickness in the Town; and every building, fence and structure which is or may be ruinous and liable to fall and injure persons or property, are hereby declared to be nuisances and injurious to the public health 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 are 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 automobiles, furniture, stoves, refrigerators, freezers, cans or containers; (3) Any compost pile which is of such a nature as to spread or harbor disease, emit unpleasant odors or harmful gas, or attract rodents, vermin or other disease-carrying pests, animals or insects; provided that the presence of earthworms shall not constitute a nuisance. 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 he r premises any privy or water closet, except that the same shall be properly connected with a sewer; and no person shall hereafter construct within a sewer district any cesspool, but all waste, soil and drain pipes shall be connected with the sewer. All ce sspools heretofore constructed, when so kept or maintained as to be unwholesome or dangerous to health, shall, upon order of the Board of Health, be abated, and the waste, soil and drain pipes thereto shall be connected with a sewer. If any owner or occupa nt of any premises having a privy or water closet thereon fails or refuses to comply with any provisions of this Section, the Board of Health may abate such nuisance and remove the same. 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 street, alley, ditch, canal or public ground on any lot any filth, offal, animal or vegetable matter or any offensive matter whatsoever or anything likely to become offensive, or allows any such filth, offal or any other offensive matter to remain in any stable, cellar, 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 abate such nuisance, and any expense incurred by the Town in abating such nuisance may be recovered by it by proper action from the creator thereof. - 3 - Sec. 7-2-40. - Sale of unwholesome meats, vegetables or milk. 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. If any cellar, vault, lot, sewer, drain, canal, place or premises within the Town is damp, unwholesome, offensive or filthy, is covere d any portion of the year with stagnant, impure water, is permitted to grow weeds or other rank vegetation, has thereon any decaying vegetable matter, is in such condition as to produce unwholesome or offensive emissions or is a nuisance as defined herein, the Board of Health may cause the same to be drained, filled up, cleaned, mowed, burned, purified or otherwise 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 occupa nt of any building or structure which may be ruinous or liable to fall and injure persons or property to pull 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 apply to the sidewalk or place used as a sidewalk adjoining said lot or premises. If any person refuses to comply with any order of the Board of Health concerning the removal or abatement of any of the foregoing nuisances, the Bo ard of Health may remove or 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 Health may have the same cleaned or nuisance abated without s erving personal notice 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 - 4 - 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 ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS ______ DAY OF _____________, 2017. Votes in favor: ___ BOARD OF TRUSTEES OF THE Votes opposed: ___ TOWN OF FRASER, COLORADO Votes abstained: ___ BY: ________________________________ Philip Vandernail, Mayor ATTEST: (S E A L) _________________________________ Antoinette McVeigh, Town Clerk Published in the Middle Park Times on _________, 2017.