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HomeMy WebLinkAbout1990 Ordinance No. 024CJIDINANCE oo.idf SERIES OF 1990 BYAtmlC!\ITY 11 (f) a:xJNCil. BILL 00. 19 nmo:xx:ED BY cnJNCil. MEMBER WJLTAY AN (]ll)INANCE REPEALING CHAPTER 2F (DANGEROOS BUIIDING C:OOE) OF TITLE 8, ~ MUNICIPAL CXY>E 1985, AND REEllACTING A NOi CllAPTER 2F AllCPl'ING BY REFERENCE THE UNIFCiU-1 CODE FOR THE ABATEMENI' OF DANGEMJS BUIIDINGS, 1988 EDI'l'l(lll, SUBJEr1' TO CERTAIN EXCEP'l'I(]IIS, lmIFICATl(lllS AND~- WHEREAS, the City of Englewood has used the Uniform Code for Abaterrent of Dangerous buildings as a m::>del construction code since 1979; and WHEREAS, this Code is updated periodically to keep pace with changing technology; 1111d WHERE.l\S, the City Division of &uilding and Safety staff has thorooghly reviewed tm 1988 Edition of the UnJ f orm Code for the Abaterrent of Dangeroos Buildings and recannends adoption thereof subject to the exceptions, m:>difications and arrencmmts as lv?reinafter set forth; NCM, ~, BE IT ORDAINED BY THE CITY a:xJNCil. CF 'mE CITY CF ~. COLORADO, THAT: Section l. Chapter 2F of Title 8, Englewood Municipal Code 1985, is hereby~ and a new Chapter 2F is enacted adopting by reference the Uniform Code for the Abatenent of Dangeroos Buildings, 1988 Edition, published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, california 90601, subject to the exceptions, JTOdifications and arrenarents set forth. Chapter 2F of Title 8, Englewood Munici pal Code 1985, shall read as folla,,s: 8-2F-l: THERE IS HEREBY ADOPTED, BY RE!'EREN:E TIIERETO, THE UNIFORM C:OOE FOR THE ABA'l'fMENI' OF DANGEROUS BUIIDINGS, 1988 EDITI(lll, PUBLISHED BY THE m=Nl\TI(]IIAL CCNFERENCE CF aJIIDWG CFFICIAL, 5360 l«lRl<MAN MILL RCl'\D, WHITTIER, CALIFORNIA, 90601, WITH THE SAME FORCE AND EFFEX:T AS IF THE SAME WERE rut.LY $1' FORTH HEREIN, SUBJEX:T TO THE EXCEPTI(]IIS, ~mIFICATI(lllS AND AMEMMENI'S SET FORTH IN SECTI(lll 8-2F-2 OF THIS CHAPTER. THE CLERK SllALL MAINl'AIN AT ALL TIMES COPIES CF THE CXDE AVl\ILI\BLE FOR PURCHASE BY THE PUBLIC AT REAS(llll\l!LE PRICE. 8-2F-2: SPEX:IFIC ~a>IFICATI(]IIS TO ADOPTED C:OOE THE FOLLOWING SPEX:IFIC O!I\IIGES, lmIFICATI(lllS AND .>.M~ ARE l!ERulY Ml\DE IN THE PRO\IISI(]IIS CF THE UNrn:R-1 COOE FOR 'mE ABAmlENI' OF DANGEROUS BUIIDINGS, 1988 EDITI(lll, HEREINABOIJE ADOPTED. -l - A. DELE:l'E SEl:l'IOI 20l(c) OF CHAPTER 2 . B. DELE:l'E 5=IOI 203 OF CHAPTER 2 . C. DELE:l'E SEl:l'I OI 205 OF C!l/\l'TER 2. D. DELE:l'E CHAPTER 5. E. DELE:l'E CHAPTER 6. F. SEX::'l'IOI BOl(a) OF CHAPTER a, PROCEDURE. IN THE FIRST s=, DELE:l'E THE PHRASES "'I'HEREFCIU; TO THE 0'.REX:'IDR CF PUBLIC WJRl(S" llND "UNDER THE DIRa"'TIOI OF Sl\ID DIREX::rOR ." DELEl'E THE SEXnm SEm'DICE IN ITS E';l'J'!l<El'Y . G. DELE:l'E SEX::'l'ICN BOl(b) OF O!APTl:.1' B. H. DELE:l'E SEl:l'ICN 802 QF C!W'T£l 3 . I. DELE:l'E SEX::'l'IU.S ~o;,_ THROUG!I 917 OF CHAPTER 9 . REPLACE THESE SEX::'l'ICNS WITH T:i , f O' ..LQ.\'!!1<3 TEXT : SEX::'l'Ia-1 901. llOrICE OF COST. WHrn l\N'i CXlSTS ARE INCURRED B'i THE CIT'i IN CAUSING THE REPAIR CR DEMOLITICN OF l\N'i BUIIDING OCNE n PURSUAm' TO THE PROVISICNS OF 5=IOI 70l(c)3 OF c THIS CODE, THE CIT'i MANAGER SHALL CAUSE A STATEMElff TO BE PREP/IRED B'i THE DIREX:'l'OR OF FINANCE S!IO-IING THE WHOLE COST OF REPAIR TO, OR DEMOLITIGI OF, l\N'i BUIIDING, PLUS FlFI'Ern PERCEN!' (15'.4) FOR llll'IINISTRATIVE cosrs, llND SUCH STATEMENl' SllllLL BE MAILED TO THE PROPERT'i =(S) WITH .t:J .:;l'RUCTIOOS TIII\T Sl\ID STATEMml' WILL BE PAID IN l?i.JLL, PLUS COSTS, WITHIN TIIIRT'i 01\'iS OF Sl\ID MAILING . SECTICN 902. ASS'"..SSl!ENT. IF, AFTER T11IRT'i DAYS FRO! SUCH MAILING DATE , THE Fl;,_, AMOUNT OF SUCH STA'l'l:MENI' IS Nm' PAID, '!'lie r . r:< MANAGER Slll\LL INFOOM CIT'i COUNCIL OF SUCH I •Ca', llND THE COUNCIL SllALL 'l'HEREUPOI ENACT AN CIUlINANCE ASSESSING THE WHOLE lll-OJNT OF SUCH STAm!ENI', PWS l\N ADDITICNAL TEN PERCEN!' OF SUCH lll-OJNT, AGAINST THE LCll'S CR TRACTS OF REALT'i TO WHICH SUCH STATEMENT SllllLL PERTAIN. UPrn FINAL PASSAGE OF SUCH CRDINllNCE, A CXP'i THEREX)F SHALL BE SENT TO EACH PERSOO HAVING A Ra::oRD INTEREST IN l\N'i REALT'i UPOO WIIICII l\N ASSESSMENT IS MADE, llND THE DIRECl'QR OF FINANCE SHALL CERTIF'i SUCH ASSESSMENI'S TO THE COUNT'i TREASURER WHO SHALL COLLECT SUCH ASSESs-!ENI'S IN THE SAME MANNER AS l\D Vl\LORDI TAXES ARE COLLECTED. -2 - SllCTIOO 903. ASSESSMml'S A LII;N. ALL SUCH ASSESSMENl'S SH/ILL coosrrrum, l'RQ\1 -:::.. EFFEX:!'IVE DATE OF 'll!E ASSESSING OODINANCE, II PERP!l'l'UI\L LII;N IN TllE SEVERAL AI-OJNTS ASSESSED J\GI\INsr EI\C!I WI' OR Tlw:T OF U\ND, /IND SH/ILL HI\VE PRIORITY OVER ALL LII;NS EXCEPTING GENERAL TAX Llr:NS /IND PRIOR 'l'EX:II\L ASSESSMmrs. NO DELAYS' Misrl\KES, ERR0115 ffi IRRf:X,ULI\JUTIES IN ANY /\CT OR PROCEEDING I\UTl!ORIZED HEREIN SH/ILL PR&JUDICE OR INVI\LIDI\TE /\NY FINAL ASSESSMENI'; BUT THE SAME MAY DE Rf11EDIED DY SUDS0Jl)ENT I\MENIX-lEN'fS, ACTS 00 PROCEEDINGS, AS Tl!E CASE MAY ~IRE. WHEN SO Rf:MEDil'D, Tl·!E SIIME SHALL TAKE EFFl'l:T AS OF Tl !E DATE OF THE OOIGIN/\L Ar:r OR PROCEEDING. SEX:TIOO 904. OTIIER Rfl-fillIES. 1,.!E Af,OJNT OF 1Wi UNPI\ID mARGE , ,•ws ALL Pl:llll\L'fIES I\DDED 111ER!l'l'O, SH/ILL crnsrr·= II DEBT DUE TllE CITY. TllE CITY I\TI'OHNEY SH/ILL .\'f THE orn=roo OF '111E CITY MI\NI\Glllt, INsrITUTE CIVIL surr IN Tl!E NJ\l,lE OF 'll!E CITY TO Rl:XXlVER SUCH OII\RGES /IND P[;NIILTIES. SUCH Rf:MEDY SHI\LL BE CUMULATIVE Wl'l11 ALL OTIIER Rf:MEDI CS , INCWDING PROSoctn'IOO IN C,tJNICIPI\L CTIURT, FOR C.'-CII /IND c.VERY VIOI.J\TION m• 11 1IS Cl!IIPfER. section 2. Not les s than three ( 3) copies of the Code described Ms ,· i n -slm ll be certified to be true ccpies of said Code by the Mayor and the C.ty Clerk and filed in the office of the City Clerk at least fifteen (15) days prior to public hearing and s ubj ect to public inspection a t all tirres while said Code i s in full force and effect. '!'he Clerk shall maintain at all times cq,ies of the Code available for purchase by the public at rrooorate price . Introduced, read in full, and passed on first reading on the 1st 0f May, 1990. Published as a Dill for an Ordinance on tht' J,:d day of May, 1990 . I\ Public Hearing was held June 4th, 1990. Read by title and passed on final reading on the 4th day of June, 1990. Published by title as Jrdinance No. ct.!!.., series of 1990, on the 7th day of June, 1990. ~~~-~ Patricia H. Cro·•• City Cler1' -3 - I, Patricia H. Cr<M, City Clerk of the City of &,gl,y;x,d, Colorado, hereby certify that the foregoing is a true copy of tha U,dinance puaed on final reading and published by title as ordinance No.~, Series of 1990. ~ft4 v'✓. ~ Patr c a H. Crow DATE May 1, 1990 INITIATED BY STAFF SOURCE ISSUE/ACTION PROPOSED COUNCIL COMIIIJNICATION AGENDA ITEM 12 (f) SUBJECT Adoption of the 1988 Edition of Uniform Code for Abatement of Dangerous Buildings Department of Community Development Walter J. Groditski , Code Admini s t r at or Adoption, by reference, of the 1988 Uniform Code for the Abatement of Dangerous Buildings, with except i ons , modifications, and amendment s . PREVIOUS COUNCIL ACTION None STAFF ANALYSIS The 1988 edition of the Uniform Code for the Abatement of Dangerous Buildings has been thoroughly reviewed by the Divi s i on of Building and Safety staff, and adoption of the code, with certain amendments, is recommended . BACKGROUND The City of Eng l ewood has used the Un i form Code for the Abatement of Dangerous Buildings as a model abatement code since 1982 . The Uniform Code for the Abatement of Dangerous Buildings is updated by the International Conference of Building Officials every three years in order to reflect any appropriate changes in the companion construction codes . In preparation for the adoption of the 1988 edition of the Uniform Code for the Abatement of Dangerous Buildings , the Division of Building and Safe t y has published informa t ion i n the Englewood Citizen regarding the proposed code adoption; has notified all general contractors licensed in Englewood of the proposed changes in the new code edit i on and of the City's intent to pursue adoption of this edition ; and has met with the Englewood Ch amber of Commerce to explain the nature of the changes i n the new code edition . Develop1111nt Costs : No costs associated with development. Revenue Effect : No revenue 1s realized through abatement procedures. Should the abateaentori dangerous building be pursued, the owner of the property 1s responsible for payment of costs incurred . Q' ,I 'I u SECTION : 8-2F-1 : 8-2F .i : 8-2f-J · 8-2F-1 : CHAPTER 2 CONSTRUCTION ANO SAFETY CODES ARTICLE F DANGEROUS BUILDING CODE Cllde Adopted Sp ecif le Modifications to Adopted Code r enalty CODE ADOPTED There Is hereby adopted, by reference thereto, the Uniform Code for'the Abatement of Dangerous Buildings , 1988 Edition, publlshed by the International Conference of Building Officials, 5360 Workman Mill Road, Whittler, California, 9060 I, with the same force and effect as if the same were fully set r Jrth herein , subject to the exceptions, mod1rtcatlons and amendments thereto as hereinafter set forth. One copy or the above described Code shall be certlf1ed to be a true copy of said Code by the Mayor and the Clerk and filed i n the office of the Clerk at least fifteen ( 15) days prior to public hearing and subject to publlc Inspection at all times while said Code is In full force and effect. Ti1e Clerk shall maintain at all times reasonable copies or the Code available for purchase by the p~illlc at reasonable price . Notice or publlc Maring .shall be published once at least r If teen ( 15) days preceding date of hearing, which notice shall state the subject matter of the Code, the name and address of the agency by which said Code has been promulgated , lime and place or hearing, and that a copy or the foregoing Code Is on file with the City Clerk and open to public Inspect ion . 8-2F-2 : SPECIFIC MODI FICATIONS TO ADOPTED CODE The following specific changes, modifications and amendments are hereby ;,; 1cie In the provisions of the Uniform Code for the Ahatement of Dangerous · !dings, 1988 Edition , herelnabove adopted: \...J J A Delete Sect ton 20 I (c) or r11 ~pter 2. (Rorer lo secuon O·I ·~. IMC 190~) B. Dl'!ete Section 203 or Cha pte r 2. (Refer lo Section 8+10, IMC 1985) C. Delete Section 205 or Chapt ~r 2. (R,ror lo S1<:Uon e+e. IMC 1985l D. Delete Chapter 5, APPEAL, In •t s entirety . (Refer lo Section B·HI. EMC 198Sl E. Delete Chapter 6, PROCEDURE FOR CONDUCT OF HEARING APPEALS, In Its ~nt lrety. (Rer,r lo Secl h,: c+c. EMC 1905) F. Section 80 I (a), page 26, PROCEDURE . In the rtrst sentence, delete the phrases "therefore to the Director of Public Works" and ·under the direction of said Directo r." Del ete the second sentence In Its entirety. G. Section 80l(b), page 26, COSTS . Delete entire section . H. Section 802, page 26, REPAIR AND DEMOLITION FUND . Delete entire section . I. Delete Sections 901 through 912 or Chapter 9. Replace these Sections with the following text: Section 901. MJTICE Of COS T. Mien any costs are incllffed by tlle City i ? Cil//Sing tlle repair or demolition of any b//ilding done pllf'S//ilnt to t.':e provisions of Section 10/(c)J of tllis Code, tlle City Manager sllall ca//se a statement to be prepared by tlle Director of finance snowing tlle wllole cost of repair to, or demolition of, any b//ildlng, pl//S fifteen percent ( !5KJ for administrative costs, and S//CII statement sllall /JP mailed to tlle property ownerrsJ wit/I tnstrocttons tllat said statemtnt will be paid in f//11, pl//S costs, witllln tll!rty difys of said mai/i119 Sect ion 902 ASSESSMENT. If, after tllirty days from S//CII mailing date, tile f//11 an,o//nt of S//CII statement is not paid, Ille City Manager slla/1 inform City Co//ncil of S//CII fact, and Ille Co//ncil slla/1 tllere//pon enact an ordinance assessing tlle wllole amo//nt of S//cll statement, pl//S an additional ten percent of S//CII amo//nt, against tlle lots or tracts of realty to wllicll S//CII statement slla/1 pertain. Upon final passage of s/lCII ordinance, a copy tllereof slla/1 be sent to eacll person /laving a recorrt interest in any realty llf}on wlllcll an assessment is made, and tlle Director of finance slla/1 cert 1fy S//Ch assessments to f I. Ille Co//nty Treas/Jf'er wllo slla/1 collect S//CII assessments in tlle same "-' mllflfler as ad valOl'fm taxes are collected n .r L_,· Section 90J. ASSESSMENTS A LIEN. All S{IC/1 assessments shall constif{l/e, from tlle ef fective date of tlle assessing ordinance, a perpe/{lal lien in tlle several amo{ln/s assessed against eacll lot or tract of land, and shall /lave priority over all liens excepting general tax liens and prior special assessments. No delays, mistakes, errors or irregularities in any act or proceeding a{ltl)orized 1/erein shall preJIJdfce or invalidate any final assessment; b{lt tlle same may be remedied by S{lbseq11ent amendments, acts or proceedings, as tlle case may req{lire. Mien so remedied, tlle same shall take effect as of Ille date of tlle original act or proceeding. Section 904. OTHER REMEDIES. TIie amo{lnt or any {lnpaid charge, pl!;~ · all penalties added thereto, shall consti/{lte a debt d{le Ille City. TIie Cl1y Attorney shall at Ille direction of Ille City Manager, insti/{lte clv/1 s11I1 In tlle name of tlle City to recwer svcll charges and penalties. Svc// remedy shall be c11m11lat Ive wit// all other remedies, incl{lding prosec{ltion in M{lnicipal Co{lrl, for edcll and every violation of tllis Cl/apter. 8-2F-J: PENALTY It shall be unlawful for any person to erect, construct , enlarge, alter, repair, move, Improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure In the City, or cause the same to be done, contrary to or In violation of any of the provisions of this Code . Any person violating any of the provisions of this Code, upon conviction, shall be punished by a fine of not more than five hundred dollars ($500 .00) or by Imprisonment for not more than ninety (90) days, or by both such fine and Imprisonment.