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Home My WebLink About2000 Ordinance No. 022BY AUTHORITY ORDINANCE NO . f}P: COUNCIL BILL NO . 22 INTRODUCED BY COUNCIL MEMBER NABHOLZ SKRIISOF2000 AN ORDINANCE AMENDING TITLE 8, CHAPTER 2F, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO THE CODE FOR ABATEMENT OF DANGEROUS BUILDINGS FOR THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, the City of Enalewood has used the Unifor,,, Code for the Abatement of Donroroua Buildin11 as a model conatruction code since 1970 ; and WHEREAS , tbia Code LI updated periodically to keep pace with cbancinc conatruction tecbnol01Y ; and WHEREAS , amendinr the aasessment of adminiatrative costs to 25% makes this conaL1tent with admini.otrative coats for removal of weeds and trash in E.M.C. TiUe 15; and WHEREAJ the City of En1l1wood Divi.oion of Building and Safety ataff bas thoroughly reY1ewed the 1997 Edition of Uniform Code for the Abatement of Dangerous Buildinp and recomm1nd1 adoption thereof oubject to certain sxceptiona , modificationo and amendment; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : lilliilm,.J.. The City Council of the City of EnaJewood , Coloredo hereby amends Title 8, Chapter 2F , of th e Enal owood Municipal Code 1985, to read as follows : CHAPTER2 CONSTRUCTION AN!' ~AFETY CODES ARTICLE F 'rHE ABATEMENT OF DANGEROUS BUILDINGS CODE 8-2F-l: CODE ADOPTED : There LI hereby adopted , by reference thereto, \ha Uniform Codo for the Abatement of Dangeroua B•illdinr1 , -¼e&+ ,!Jllll Edition, publiohtd by the International Conference of Building Official,, 5360 South Workman Mill Road , Whittier, California 90601, subject to certain nceptiono, modification■ and amendments as set forth in Section 8-2F-2 of thit Article . Jb g Clttk phall maintain a copy of the Code which will be available for iupegtiqp during regular buaineffl hours -1· 10 bx 8-2F-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE : The followin1 epecific chanps, modifications and amendmenta are hen,by made in the provilions of the Uniform Code for the Abatement ofDanreroua Buildinp,~ ~ Edition , bereinsbo .. adopted: A . ~~tion 205.1, shall ho replace ~ with the followipJ: Appeale ahall be in amnlonce with E.M C 8-1·7 B. 9eletia aeetion 60l . Delctp Cbaeter ti in it.a cntift!tv C. Delete chapter 6 in its entirety, D. Section 801.1 •Procedure.In the first sentence, delete the plu 1ses "therefore to the Director of Public Worlu" and "under the direction of arid Director". Delete the second sentence in ita entirety. E . Delete section 801.2. F. Delete section 802 . G. Replace chapter 9 with the following: Section 901 • Notice of Cost. When any coeta are incurred by tbt-(1ity in cauaing the repair or demolition of any building done punuant ~, th.: provisions of section 701.3 of this Code, the City Manarer aball cauae a etetement to be prepared showing the whole coot of n,pair to, or demolition of, any building, plus fifu,en percent (15") for admini.otrative coota, and IIICh statement shall be mailed to the property owner(a) with instructions that aaid ,tatement will be paid in full plus <X>Bta , within thirty day, of ■aid mailing. Section 902 • AIBeBBment . If, after t'Jirty days from such mailing date, the full amount of such statement is not paid , the City Manacer ahall inform City Council of auch fact, and the Coucil shall thereupon enact an ordinance aaaeuing the whole a..:::mnt of aurh sratement, plua an additional teft ~ percent (~ W2iJ of such amount, ar&in■t the Iota or tracts of realty to which such statement shall pertain. Upon final paaaare of such ordinance, a copy thereof ahall be sent to each peraon bavinr a record interest in any realty upon which an aaaeaament ia made , and ■uch aaaeaamenta shall be certified to the County Tntaaurer who aball collect such aueumenta i n the same manner aa ad valorem tu.e-a are collected . Section 903 • Lien A88e11ment . All auch aaseasmenta 1ball constituta, from the effective date of the aB10uing o:rdinance , a perpetual lien in the Nveral amounts aaseBIOd againat each lot or tract of land, and ahall have priority over all liens excepting general tax liens and prior 1pecial aueH mentl. No delays , mistakes , errora , or irregularities in any act or proceedina authorized herein aball prejudice or invalidate any final aueaament; but the aame may be remedied by aubsequent amendments, acts or proceedin11, H the case -2- • may requir,,. W nen ao remi:;d.i ~U.. the same shall take effect aa of tile date of the original act or proceeding. Section 904 • Other Remedies . The amount of any unpaid charge, plus all penalties added thereto, shall constitute a debt due the City. The City Attorney shall, at the direction of the City Ma.,..... Council. institute civil suit in the name of the City to recover such charges and penaltiea. Such remedy shall be cumulative with all other remedies , including prosecution in Municipal Court for each and every violation oftbia chapter. ~ $•f•IY Claueee The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for th• health, safety , and welfare of the public, and that tbia Ordinance is necessary frr the preservation of health and aafety and for the protection of pulilic oonvenience and welfare. The City Council further determines that ~e Ordi~n"\ bears a rational relation to the proper legislative object sought to be 'Obtained . ~ Seyernhjljtv If any clause, sentence, paragraph, or part of tbia Ordinance or the application thereof to any person or circumatancea shall for any reason be adjudged by a court o: w =, .. ent jurisdiction invalid, auch,judlJJllant 11iall not affect, impair or invalidate the remninder of thia Ordinance or it application to other persons or circumstances . ~ Inconeiot&ot Ordinances All other Ordinances or portions thereof inconaistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconaiatency or conflict. ~ Effect ofn;meal or modification The repeal or modification of any provision of the Code of the City ofEnglewood by this Ordinance shall not releaae, extinguiah, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, aither civil or criminal , which shall have been incurred under such proviaion, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions , suits. proceedings , and prosecutions for the enforcement of the penalty , forfeiture , or liability, as well aa for the purpoae of sustaining any judgment, decree, or order which can or may be rendered , entered , or made in such actions , suits, proceedings , or prosecutions. ~ ~ The Penalty Provision of E.M .C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced . read in full . and passed on first reading on the 20th day of March, 2000 . -3- m Publiabed a,; a Bill for an Ordmance on the 24th day of March, 2000. Read by title and puaed on final readinc on the 3rd day of April, 2000. Publiahed by title aa Ordinance No.J;Seriea of 2000, on the 7th day of April , 2000. ~/ ~ I, Loucriahia A. EJ.liJ , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paaeed on final readinc ... ~ ..... "'""'" """'~ .......... ~£1, -4- • • COUNCIL COMMUNICATION Date Agenda Item Subj1tct March 20, 2000 11 a vi Abatement of Dangerous Buildings Code Update Ordinance Initiated By Safety Services, Building Division I Staff Source Lance Smith, Chief Building Off ici al Ben Greene . Fire Marshal COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The 1994 sertes of Uniform Codes were adopted by Council and become effective on January 22 , 1994. These codes included the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Fire Code , Uniform Code for the Abatement of Dangerous Buildings and the 1993 National Electrical Code . RECOMMENDED ACTION The Building Division of the Depar.ment of Safety Services recommends the adoption, by ordinance, of the 1997 sertes of Uniform Codes including the 1999 National Eiectrtcal Code . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The 1997 sertes of Uniform Codes provide regulatory guidelines that reflect the most rec ent technological advancements and safety factors for res idential and commercial properties in the City . These codes are the recognized standards for this part of the country and continue to serve this community well. FINANCIAL IMPACT None anticipated . LIST OF ATTACHMENTS Proposed Ordinance