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Current Code Section |
Concerns |
Resolution |
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7-1 Garbage and Refuse |
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7-1-2 Definitions |
Lacking definitions (i.e. responsible party; rubbish); require clarity in other definitions (3 definitions for garbage, which can be more concise); |
Revise definitions, clarify existing. |
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7-1-4 Sanitary Inspectors |
Lack of documentation where CM appointed "sanitary inspectors." Outdated phrase not used elsewhere in code. |
Replace term "sanitary inspectors" with "code compliance officers" |
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7-1-5 Service provided by city/others |
Only authorizes trash removal; not recycling. |
Revise section to include authority for city to provide recycling. |
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Add clarifying language: In the absence of city services, requires property owner to provide for collection service through private entity or dispose of in landfill (pulled from existing 7-1-6 and language updated) |
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7-1-10 Containers Required |
Responsible party is very specifically defined and doesn't encompass modern situations. Current language: "every owner or his agent, or the occupant of any store, hotel, commercial house, resident dwelling, building, flat, apartment or tenement." |
Responsible party is broadened: "Responsible Party means a person or entity who has violated any provision of Title 7, and in the case of property violations, the responsible party may also include firms, partnerships, corporations, property owner, the occupant, lessor, tenant, or an individual or entity who, acting as an agent for or in any other legal capacity on behalf of the owner, has authority over the subject property." |
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Difficult to enforce current container requirements (i.e. requires 32 gallon containers; however, collection companies offer different capacities; container cannot be filled over 100lbs and water tight; metal or wood receptacle - many are plastic now) |
Remove conditions that are difficult to enforce; include other requirements such as: containers cannot impede pedestrian/vehicular traffic; containers to be kept in a manner so as to preclude scattering/spilling of trash/recycling; place trash container, fitting securely within container. |
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7-1-11 Dumping Restrictions |
Nuisance provision with fines on dumping restrictions only; no notice provision (lacking due process), no clear enforcement avenues for each of the 'unlawful/prohibited' activities. |
Remove and centralize nuisance provision within a new code chapter. |
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7-1-12 Garbage Grinders |
1971 requirement of garbage disposals; can be handled through applicable international codes; |
Removed. |
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7-2 Sewer Regulations (REPEALED) |
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Blank chapter; repealed in 1982 |
Will move new "Garbage and Refuse" Chapter into 7-2; |
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7-3 Noise Control |
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7-3-5(E) Truck Loading Operations |
Truck loading encompasses all types in current language - refuse/recycling/products - within a restrictive time period and area (800' of residence). Difficult to enforce so staff has requested revision to separate haulers from delivery trucks. |
Revise 7-3-5(E) to separate trash/recycling haulers from that of product/delivery trucks. Place timing restrictions and lessen area from 800' feet to 250' feet of a residential lot. |
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7-4 Weeds, Rubbish, Derelict and Abandoned Vehicles |
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Generally: Noxious Weed Act was passed in 1990; section will be updated to meet compliance with state law. Requires advisory board (city council) and management plan (updated ordinance) |
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7-4-1 Definitions |
Vehicle definitions/offenses do not fit within "weeds, rubbish" provisions (i.e. derelict vehicles/hobby type vehicles) |
Remove, centralize vehicle offenses within nuisance provisions within new code chapter. |
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"Noxious vegetation/weed" is incredibly specific; definition was last updated in 1995 and does not contain many of the newer "weed" like vegetation adopted by the state under the Colorado Noxious Weed Act. |
Link definition of noxious weed to that of the state's definition (Any undesirable plant or part thereof which has been declared a "noxious weed" by the State of Colorado Noxious Weed Act or adopted by our council as a noxious weed). Our definition will automatically update if the state changes their definition. |
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7-4-3 Weeds and Rubbish |
Separate notice/hearing/abatement/appeal process than other code enforcement matters |
Remove and centralize within nuisance provisions within new code chapter. |
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7-4-4 to 7-4-8 (Failure to comply with notices to Other Remedies) |
Separate enforcement provisions/avenues than other code enforcement matters |
Remove and centralize within nuisance provisions within new code chapter. |
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7-4-9 Derelict or unlicensed vehicles |
Does not fit within weeds/rubbish; Colorado Noxious Weeds Act in terms organization |
Remove and centralize within nuisance provisions within new code chapter. |
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7-4-10 Abandoned Vehicles |
Handled by LPD within Title 6 |
Removed from Title 7 so as to avoid any confusion on responsibilities |
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1-6-8 Municipal Court Process |
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Does not include "code compliance officers" or "sanitary inspectors" |
Add "code compliance officers" so that they have the ability to issues summons and serve process for any complaints filed with municipal court. |
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8-1-4 Public Ways Kept Clear |
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8-1-4(A) |
No time period on when snow needs to be cleared; no clear enforcement provisions; |
Remove snow/ice provisions from 8-1-4 and centralize within nuisance provisions within new code chapter. |