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HomeMy WebLinkAboutordinance.council.087-79RECORD OF PROCEEDINGS ORDINANCE NO. ~ (Series of 1 100 Leaves AN ORDINANCE RENAMING CHAPTER 10 AND REPEALING ~D REENACTING SECTIONS 10-3, 10-9, 10-11 AND 10-13 OF THE ASPEN MUNICIPAL CODE PROVIDING AN IMMEDIATE CLEAN-UP PROVISION FOR VIOLATIONS WHICH ARE DETERMINED TO BE IMMEDIATE PUBLIC HEALTH DANGERS, FIRE HAZARDS OR ACCESS BLOCKAGES AND ~tAT THE COSTS INCURRED FOR THESE CLEAN-UPS SHALL BE CHARGED ON THE WATER BILL OF THE OWNER OR OCCUPANT OF THE PREMISES WHEREAS, the City Council desires to rename Chapter 10 and to repeal and reenact Sections 10-3, 10-9, 10-11 and 10-13 of the Aspen Municipal Code to provide a provision for immediate clean-up of violations which are determined to be public health dangers, fire hazards or access blockages for the benefit of the City of Aspen, and WHEREAS, the City Council has determined that the costs of the water bill of the owner or such clean-ups shall be charged on occupant of the premises, NOW, THEREFORE, BE IT ORDAINED BY CITY OF ASPEN, COLORADO: Section 1 That Chapter 10 of the Aspen Municipal Code "Solid Waste" Section 2 That Section 10-3 of the Aspen Municipal Code repealed and reenacted to read as follows: THE CITY COUNCIL OF THE is hereby renamed is hereby Sec. 10-3. Depositing of garbage, trash and ashes. Every owner or occupant of premises within the city shall deposit and cause to be deposited all garbage, trash and ashes which may accumulate on any premises owned or occupied by him in animal proof, fly-tight containers. Section 3 That Section 10-9 of the Aspen Municipal Code is hereby repealed and reeancted to read as follows: RECORD OF PROCEEDINGS 100 Leaves Sec. 10-9. Frequency of collection. The collection and disposal of garbage, trash and ashes within the city shall be as often as necesary to prevent a public health or fire danger or to inhibit right-of-way access. Section 4 That Section 10-11 of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: Sec. 10-11. Removal of unlawful accumulations by city; lien for cost of removal. In the event that the owner or occupant of premises in the city shall permit ashes, trash or garbage to accumulate thereon and fail or refuse to deposit such ashes, trash or garbage in suitable containers in accordance with the provi- sions of this chapter or fail to place the same at or near the street or alley adjacent to the premises in a position convenient for loading, the city at the discretion of the Aspen Sanitarian or Aspen Fire Marshal may cause the ashes, trash or garbage to be removed. In such case, the entire expense of the collection and removal thereof shall be charged against such premises and against the owner or occu- pant thereof in addition to the regular charge for collection and disposal of such ashes, trash and garbage. Such expense for collection and removal may be collected by the city in any action at law, referred for collection by the city attorney in his or her discretion, or assessed against the property. In the event that the owner or owners of the premises against which any assessment hereunder shall be made, shall fail, refuse, or neglect to pay 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. Such expense for collection may also be collected at the discretion of the Finance Director by adding the same to the monthly water service fee payable by the owner or occupant of the premises for water service to the premises pursuant to the provisions of Chapter 23 of the Municipal Code of the City of Aspen. In the event that said expense for collection is added to the monthly water service fee and remains unpaid, water service to the premises shall be disconnected pursuant to the provisions of said Chapter 23. All the laws of the state for the assessment and collec- tion 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. Section 5 That Section 10-13 of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: RECORD OF PROCEEDINGS 100 Leaves Sec. 10-13. Notice of violations. (a) Ail conditions constituting a violation of any of the provisions of ths chapter which are determined by the City Sanitarian, City Fire Marshal, or their authorized agents to be an i~m~ediate public health danger, fire hazard or a hazard in blocking fire or other access shall be cause for the City Sanitarian, Fire Marshal, or their authorized agents, at their discretion, to cause the immediate removal of the violation. In such case, a minimum fee of twenty five ($25.00) dollars shall be charged against such premises and against the owner or occupant thereof. (b) Ail other conditions constituting a violation of any of the provisions of this chapter shall be tagged in a con- spicuous place with a red tag by the sanitarian or any agent authorized by the sanitarian. The red tag shall specify the violation existing, and shall state that such violation shall be corrected within twenty-four (24) hours of the time noted on the tag. Section 6 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainin§ por- tions thereof. Section 7 A public hearing on the ordinance shall be held on the day of ~~ , 1~, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. the INTRODUCED, READ AND ORDERED published as provided by law by City Council of the City of Aspen on the /~-~ay of ~~ , 1979. Herman Edel Mayor RECORD OF PROCEEDINGS 100 Leaves ATTEST: Kathryn S. City Clerk FINALLY adopted, passed and approved on the /~ay of Herman Edel Mayor ATTEST: 4 RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was ~c~' ar ~ui~r f~i~do~a~dc~y ~he City of Aspen on /~--~%~/~ , 197~_, and published / in the Aspen Times a ~eekly newspaper of general circul- ation,' published, in the City of Aspen, Colorado, in its issue of ~_~~~ , 197~,~ and was finally adopte and approved at a regular meeting of the City Council on Ordinance No. ~ '/ , Series provide~ by law/ and ordered published as of 197~ of said City, as IN WITNESS WHEREOF, I have hereunto the seal of said City of Aspen, Colorado. day of~ , 1~. set my hand and this /~ ~City Clerk SEAL Deputy City Clerk