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.
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(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.
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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
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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.