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HomeMy WebLinkAbout2000 Ordinance No. 025• • ORDINANCE NO . .;16' SERIES OF 2000 BY AUTHORITY COUNCn. BILL NO. 25 INTRODUCED BY cm;;;c)L MEMBERBRADSfiAW AN ORDINANCE RENUMBERING TITLE 8, CHAPTER I, OF THE ENGLEWOOD MUNICIPAL CODE 1985, l'ERTAINING TO THE DMSION OF BUILDING A'IID SAFETY ADMINIS1'RATION OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council passed Ordinance No. 7, Series of 1:ico. the Adminiatrative Ordinance deleted E.M.C. Title 8, Chapter I, Section 4, ir, ibl entirety, requiring the renumbering of the aubaequent aectiona of thia Chaple•; NOW, T"rlEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Smiilm.l. The City Council of the City of Englewood, Colorado hereby renumben Title 8, Chapter I, of the Englewood Municipal Code W85, to read as followa: CHAPTER I DMSION OF BUILDING AND SAFETY ADMINISTRATION 8-1 -1: TITLE AND PURPOSE: Thia Title shall be referred to and known u the ENGLEWOOD BUILDING AND SAFETY CODE and is enacted to provide minimum standarde to aafeguard life and limb and promote the public health, welfare and aafety of the citizena of the City, and of the public generally, by regulating and r.ontrolling the design, conatruction , quality of materiale, use and occupa.:cy, location and mainte:·.ance of all buildinga, structures and utilities within the City and certain equipment specifica!ly resuJated herein. 8-1•2: DUTY TO COMPLY WITH CODE : A. It •hall be the d· J of all officen and employee• of the City to cooperate in the enforcement of the Englewood Building oud Safety Code. Such cooperation shall include any aeeistance that may be required for the enforcement of the Englewood Building and Safety Code. B. A variance granted by the Boa rd of Adjustment and Appeals shall become null and void if required permite are not obtained and work alerted within six (6) months from the date the variance is granted. C. No oversight, neglect or dereliction on the part of the Code Adm.iniatrator or any authorized aaaisto.nt shall authorize violation of this Code. Each day a violation is continued conatitutea a separate offenae . -1- 10 b xlli D. Thia Code ahall not be c:onatrued to relieye from or leaaen tho re1ponlibillty of any pereon ownina, operatiq or oontrollinc any buildinr or structure ror any d&ma1191 to pereona or property cauaed by dtfecta. nor ahall th1 code ~t apDCJ or ita parent juriadiction be held •• aaauminc any 1uch liability by reuon of the inapectiona authorized by thia Code or by certillcatea orinapectio11 iuuad under thia Code . 8-1-3: DEFINITIONS: BUILDING OFFICIAL or CHIEF BUILDING OFFICIAL : ENGLEWOOD BUILDING AND SAFETY CODE : lNSTITUTION: 8-1-6 f GENERAL POWERS AND DUTIES : Where theee terms are uaed in thia Title or any code in tbi.a Title, they shall meaa the person delirnated by the City Manapr, or hia/her repreeentative with the title of Building Official or Chier Building Official . Thia entire Title and all codu adopted herein. The occupancy or uee of a building or structure or any poraon tbereo! by pereona harbored or detained to receive medical . charitable or other care or treatment, or by perao111 involuntarily detained. The ChiorBuilclng Official 1hall. administer and enforce the Engl ,·w ood Building and Safety Cod,, 8-1-& A: PERMIT FEES FOR CITY CON:,TRUCTION WORK: A. Any oonatrllction work governed by thia -r;t1e, which is to be aa:ompliehed by employees of the City in or on property owned by the City, shall be exempt &om all permit fee ...._,nta which would normally be required . All Ci· v employee■ who permrm COD1trllction -.ork for the City muat be properly 1icenaed or be working under the supervilion of an individual who ia properly licenaed. Wai-of permit feee does not exempt City employeee &om having all neceaaary permita and approvals prior to commencement of construction work . B. Commercial and private contractor■ doing oonetrllction work for the City shall not be exempt &om the payment or permit fees . 8-1-'1-§: ALTERNATEMATERIALSANDMETHODS A. The proviliona of the En:iJewood Building and Safety Code are not intended to prevent the uae or any material or method not apecilically prescribed by -2- • • the Code, provided any alternate or modification to the Code hu been approved and its uae authorized by the Chief Buildln1 Official. B. The Chief Buildlna ()fllclal may approve any alternate material or method , provid,d that the propooed deaisn, uae, or operation i1 ■atilfactory and compli11 with the intent of thil Code and that the material, methc,d of work performed, or operation ia, for the purpoae intended, at le11t the equivalent of that prescribed in this Code in quality, strenrth, ef!'ectiveneu, ftn resistance, durability, safety and sanitation. C. The ChiefBuilding Official ahnll require that sufficient evidence of compliance with the provision• and intent of this Code be provided when alternate materials or methods are intended to be utilized . When new teclmolope■, proce■aea, producta, materials and/or uaes present technical probleru which the staff is not trained to adequately evaluate, the Chief Building O!lici.aJ. may require the teats be conducted to subetantiate compliance with the intent and provisions of thia Code. Such evidence shall be prepared by qualified engineen, spt.'<:ialiats, laboratory or fire-safety orpruzatiooa, or other approved agencies acceptable to the ChiefBuildin1 Official and shall be provided at the expense of the penon requesting approval of the alternate material or method. D. All details of aay action rranting modification of this Code shall be recorded and enter, d h,to official records of the City. 8-1-& J: APPEALS: Whenever the Chief Building Official shall disapprove an application: refuse to rrant a permit; deny or revoke a license or certificate o( registration; disapprove an application for alternate materials or methods; when it is claimed that the provisions of the Englewood Building and Safety Code do not apply in the manner in which the Chief Building Offici al or an agent determines, or when it ia claimed that the true intent and meaning of the Code have been misconstrued or wrongly interpreted by the Chief Building Official or an agent, an,y person aggrieved thereby cay appeal from the decision of the Chief Building Official or an agent to the Englewood Board of Adjustment and Appeals within thirty (30) days from the date of the decision appealed, which Board shall review the decision of the Chief Building Official or an agent and render a final and binding decision thereupon. In conaiderina such appeals, the Englewood Board of Adjuatment and Appeale shall have the pow ere granted to the Chief Building Official . 8-1-9 §: UNLAWFU L ACTS: It shall be unlewful for any person to do or cause to be dor-", ,,r pe rform or cauae to be performed any act contrary to or in-violation of any of the proviaions of this Code or any other code . ordinance, rule or regulation promulgated thereunder including the following : A. Alternate M11thods, Maten.ale and Equipment. For any person to use any method , matt.•rial or equipment as an alternate to the methods . materials nr equipment permitted by this Code without first having obtained approval in the manner provided . -3- B. Liccnain1, To excavate , erect, conatruct, enlarce , remodel , alter, repair, move, improve, remove, convert or demoliah any buildin1, ,tructure or utility in the City without first obtainin1 a licenae or certificate in acamlance with the provi,,ions of this Code . C. Licensee and Certificate Holder Reaponaibility. For any licensee or certificate holder to commit any violation of the reaponaibilities aa enumerated elsewhere in this Code . D. Drawin1 and Specifications . To make application for a permit without lint having aubmitted drawings and ,pecificationa aa required by provi,,ion, of this Code . E. Permits . To excavate, erect, construct, enlarge, remodel , alter, repair, move, improve, remove, convert or demolish any building, atructure or utility in the City without first obtaining a permit in accordance with the proviaions of thia Code . F. Certificate of Occupancy . For any peraon to occupy any building or sll'llcture without first having obtained a certificate of occupa , -:y as require d by the provisions ofthia Code . The Chief Building Official 1"BY issue a te mporary certificate of occupancy . G. Unsafe Buildin19 . For any person to maintain or permit to be maintained, any building, structure or utility when auch building, structure or utility is unaafe in accordance with the proviaions of this Code. These requireme nts shall apply to buildinp, structures or utilities now existing, under conatruction or being demolished . H. Wrecking. To sell or to adve rtise for sale used building materials at the site of wrecking operationa I. Burning of Waste Material. For any contractor to burn paper, refuse, waste or other materials at the site of any wrecking or building operationa without first having obtained the required permit as provided for in this Code . J. Excavation and Fill Materials . For any person to allow any excavation to be left open, or any fill material to be piled on site, for a period in excess of aixty (60) days . The Chief Building Official ma y extend this period if neceaaary due to unusual conditions . 8-1-W ~: VIOLATIONS: A. Established , Whenever, by the provisions of thia Code , the performance of any act is prohibited or wherever any regulation , dimension or limitation ia imposed on the erection , alteration , maintenence or occupancy of any building structure or u•ility. a failure to comp ly with the provisions of this Code shall cons titute a viola tion . A separate o ens e ehall be deemed committed during each day on which a violation ocrurs or continues . B. Double Fee if Work Started Without Permit; Emer ge ncy Work. Any peraon who shall commence any work for which a permit and Llcense is required by this Code without first having obtained a permit therefor shall, if -4- • • • • A. subsequently permitted to obtain a permit, pay double the permit fee fwtd for such work; provided, however, thill provision shall not apply to emerpncy work when it shall be proved to the aatilfaction of the Chief Building Official that such work waa 1111ently neceaaary and that it waa not feasible to obtein a permit therefor before the commencement of the work. In all such caaN a permit must be obtained as aoon as it ia feasible to do ao, and if there be an unreasonable delay in obteinin& such permit, a double fee r J.all be charged. The payment of such double fee shall not relieve any person from fully complying with the requirements of this Code in the e:otecution of the work nor Crom any other penalties prescribed herein. Ar..y person who ehall violate any of the provisions of the Englewood Building e.nd Safet) Code, or who foils to comply with the provisions of Title 8 of the Englewood Municipal Code, or who shall violate or who shall fail to comply with any order made thereunder, or who shall build any structure of any nature in violation of any detailed statement or specifications or plant submitted end approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken; or who shall fail to comply with such an order aa affirmed or modified by tl1e Englewood Board of Adjustment and Appeals, or by a oourt of competent jurisdiction, within the time fixed therein, shall be considered to have violated this Code and ahall be subject to those penalties prescribed in Section 1-4-1 of the EDilewood Municipal Code. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and all such peraona abaJl be required to correct or remedy such violations or defecta within a reasonable time. B. Any continuing act which, under subsection A hereof shall constitute a violation of this Code, is hereby declared to be a public nuisance and in addition to all other penalties prescribed herein, the City may take such legal action to abate such nuisance as shall be appropriate. C. The suspension or r?vocation of any license, certificate, registration, permit or other privileges conferred by the City shall not be regarded as a penalty for the purposes of enforcement of this Code. D. l;u;e event any building, structure or utility is erected, constructed, reconstructed, altered, repaired, converted, demoliahed, moved or maintained; or any building, structure, excavation or utility is used, in violation of this Code, the City or any proper person may institute any appropriate action or Proceedings to prevent such unlawful erection, conatruetiOll, rJconstr\1¢on, alteration. repair, conversion, maintenance or occupancy; to'restrain, correc t or abate such violation; or to prevent the occupancy of said building, structure or land. The imposition of any penalty hereunder ehall not preclude the City or any proper person from instituting any appropriate action or proceeding to require compliance with the provisions of this Code and with adminisb. .1.tive orders and determination made hereunder . -5- Smilm.l-Safety CJ•voc• The City Council hereby finds , determin11, and declares that thi, Ordinance ia promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and walfan, of the public. and that thia Ordinance ia neceaaary for tha preservation of health' and aafety and for the protection of public convenience and welfare. The City Council further determine■ that the Ordinance bean a rational relation to the proper legislative object sought to be obtained. ~ SeverobiHtv If any clause , sentence, paragraph , or part o( this Ordinance or the epplication thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of thia Ordinance or it application to other persons or circumstances. ~ Inmnnietent Ordinoncee All other Ordinances or portions thereof inconaiotent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. ~ Effect of n:peal or modificotion The rep eal or modification of any provision of the Code of the City of Englewood by thia Ordinance shall not release, extinguish, alter, modify , Jr change in whole or in part any penalty, forfeiture, or liebility, either civil or criminal, which shall have been incurred under ouch provision, and each provision shall be treated "nd held as still remaining in force for the purposes of sustaining any and all proper actions, suits. proceedings, and proeecutiona for the enforcement of the penalty, forfeiture, or liability, aa well as for the purpoee of sllfftaining any judgment, decree , or order which can or may be rendered , entered , or made in such actions, suits, proceedings, or prosecutions. Introduced. read in full, and passed on first reading on the 20th day of March, 2000 . Published as a Bill for un Ordinance on the 24th day of March, 2000 Read by title and pa sse d on final reading on the 3rd day of April . 2000. Published by title as Ordinance No .~ Series of 2000 , on th• 7th day of April , 2000 . fk -6- • I, Loucriahla A. Ellia, City Clerk of tho City of Ens)ewood, Colondo, bonby certify that the above and forel')ing ii a true cop_l~tho Ordinance pUNC! on &nal roadins ........... ~ .... -.. .,.~,¼ Loucrilhia A. Ellil -7- COUNCR. COMMIJNCATION Date Agenda Item Subject: Title March 20 , 2000 11 a vii EMC TIUe 8 INITIATED BY: STAFF SOURCE: Safe Service s, Bulldln Division Lance Sm ith , Chief Bulldln Official COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Title 8 Chapter 1 -Div ision or Build ing And Safety -was revised under Ord lnar.ce 7 Series 2000 . The rev isions to this Chapter Included deleting Section 4 of Chapter 1 and require that the subsequent chapters be renumbered . RECOMMENDED ACTION The Build ing Division of the Department of Safety Services recommends the adoption , by ordinance , the renumbering of Tltr u 8 Chapter 1. BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED By renumbering the subsequent sections of th is chapter will pro vi de numerica l continuity within Chapter 1. FINANCIAL IMPACT None anti ci pated LIST OF ATTACHMENTS Proposed Ordinance