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HomeMy WebLinkAboutordinance.council.035-77RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 35 (Series of 19~7/--~-- AN ORDINANCE REPEALING AND REENACTING CHAPTER 11 OF THE ASPEN MUNICIPAL CODE CONCERNING HEALTH AND PROVIDING THAT VIOLATIONS OF THESE PROVISIONS SHALL BE UNLAWFUL WHEREAS, the City Council desires to repeal the existing provisions of Chapter 11 of the Aspen Municipal Code and to reenact Chapter 11 of the Aspen Municipal Code with recommended changes for the benefit of the City of Aspen, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Chapter 11 of the Aspen Municipal Code entitled "Health" be repealed and reenacted to read as follows: CHAPTER 11 HEALTH Sec. 11-1. Onsite Individual Waste Disposal Systems. It shall be unlawful for the owner or occupant of any building used for residence or business purposes within the City to construct or reconstruct an onsite sewage disposal device for the purpose of collecting, storing or disposing of sewage. Provided, temporary, self-contained privies may be placed on con- struction sites or at public gatherings for the duration of the construction or attraction. These temporary facilities shall be maintained in a clean and sanitary condition at all times. If a structure is currently being served by an onsite sewage disposal system and that system fails or malfunctions, the owner or occupant shall make application within five (5) days to the sanitation district for attachment of the structure to the public sewage system. Any malfunction or failure of an onsite waste disposal system is hereby declared to be a public RECORD OF PROCEEDINGS 100 Leaves nuisance. Sec. 11-2. Disposal of Animal Carcasses Required. Any animal which shall be killed or die from any cause in the City or within one hundred (100) feet of the banks of Maroon Creek, Castle Creek or Hunter Creek that is within five (5) miles upstream of intake points of the water utility shall be at once removed to a designated landfill by the owner or person having had such animal in his or her possession, control or charge, and the carcass of such animal shall be buried or disposed of in a sanitary manner. If ownership of the animal cannot be determined, it shall be the responsibility of the Animal Control Department to pick up and dispose of the carcass in the manner described above. It shall be unlawful for any person to fail or refuse to dispose of such an animal carcass as herein provided. Sec. 11-3. Pollution or Contamination of Water Supplie~ or Waterworks Prohibited. (a) It shall be unlawful for any person or persons to place, dump, throw, discharge or deposit any substance or material which will, in any manner, pollute or con- taminate the waters of Castle Creek, Maroon Creek or Hunter Creek, or their tributaries which will result in degradation of these waters below the classification established by the State of Colorado, for a distance of five (5) miles around or above the intake points of the water utility. (b) It shall be unlawful for any person or persons to place, dump, throw, discharge or deposit any substance or material which will, in any manner, pollute or con- taminate the waterworks. Sec. 11-4. Specific Activities Causing Pollution -2- RECORD OF PROCEEDINGS 100 Leaves Contamination of Waterworks Prohibited. (a) It shall be unlawful for any person or persons to have, keep or maintain within one hundred (100) feet of any water treatment facility, reservoir, intake point, distribution stream, trench, inlet pipe or drain any grazing livestock or other animal. (b) It shall be unlawful for any person to bathe or swim in any of the reservoirs or other part of the waterworks. Sec. 11-5. Accumulation of Standing Water on Land Regulated. It shall be unlawful for any person owning or occupying any premises, lot or parcel of land within this City to allow an accumulation of standing water that is or is likely to become offensive or injurious to the public health. Any person owning or occupying any premises, lot or parcel of land whereupon water shall be standing as aforesaid, shall be deemed guilty of creating and maintaining a public nuisance. Sec. 11-6. Removal of Rubbish, Weeds and Brush Required. All rubbish and all weeds and brush which constitute a fire or health hazard shall be removed from all lots and tracts of land within sidewalk areas Sec. the City and from the alleys behind and from the in front thereof. 11-7. Notice; Removal by City and Assessment of Cost for Failure to Remove.. (a) In the event any land owner shall fail to remove any such rubbish or weeds and brush which constitute a fire or health hazard as provided herein, the City Manager or his authorized agent may give the record owner of such lot or parcel of land written notice of such condition and require the removal of such weeds, brush and rubbish within fifteen (15) days of the date of -3- RECORD OF PROCEEDINGS 100 Leaves such notice. It shall be unlawful for any land owner to fail or refuse to comply with such notice. (b) If the owner of such property shall fail to remove the weeds, brush and rubbish within the period above provided, then the City may remove or have removed such weeds, brush and rubbish and shall thereupon charge the whole cost thereof including inspection and other incidental costs in connection therewith to the owner of such lots or parcels of land. (c) In the event that the owner or owners of the lot or lots or tracts of land against which any assessment hereunder shall be made, shall fail, refuse or neglect to pay the same within twenty (20) days from the date of notice of such assessment, then and in this event the assessment shall be certified by the director of finance to the county treasurer of the county to be by him placed upon the tax list for the current year and to be collected in the same manner as other taxes are collected together with a penalty added thereon to defray the costs of collection. All the laws of the state for the assessment and collection of general taxes including the laws for the sale of property for taxes and the redemption thereof shall apply to and have full effect for the collection of all such assess- ments. Sec. 11-8. Notice in Discretion of City Manager or his Authorized Agent. ?he notices required by section 11-7 to be given to remove weeds, brush and rubbish shall be given at the sole discretion of the City Manager or his authorized agent and a determination by him that such a notice should be given because of the condition of such lot or tracts of land shall be conclusive on the question of whether the condition of such lots or tracts --4-- RECORD OF PROCEEDINGS 100 Leaves of land are such as warrant such action. Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 3 A public hearing on the ordinance City Council Chamber, INTRODUCED, shall be held on · 1977, at 5:00 P.~.l. in the Aspen City Hall, Aspen, Colorado. READ AND ORDERED published as provided by law by the City Council of the City of Aspen, regular meeting held on the 1977. Colorado, at its day of ~at;~ytandley ~ ATTEST: Kathryn S~ Hauter City Clerk day of FINALLY adopted, passed and approved on the ~-~ _~/ ~ ~ -- / St~cy St~ndley III Mayo ~ ATTEST: K~ter~~T~ City Clerk RECORD OF PROCEEDINGS 100 Lei~,es STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the C~ty of Aspen on ~ // , 197~, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~ /~ , 197 ~-, and was finally adopted and approved at a regular meetlno of the City Council on Ordinance No..~ provided by law. , 197 ~, and ordered published as , Series of 197~, of said City, as IN WITNESS WHEREOF, I have hereunto the seal of said City of Aspen, Colorado, day of (~_~. , 197'~. set my hand and this V Kathryn S.~Hauter, City Clerk