The board of Trustees of the Town of Deer Trail Arapahoe County Colorado do hereby resolve to provide for the formation of an ordinance and or code enforcement committee.
Whereas, the Town of Deer Trail, (hereinafter referred to as the "Town"), in the County of Arapahoe and the State of Colorado, is the body corporate operating as a statutory town pursuant to the
general statues of the State of Colorado; and
Whereas, the Colorado Revised Statues 31-15-401 (1)(a), (b), and (c), gives to the governing body of each municipality the power and authority to pass and enforce all necessary police ordinances for the general welfare of the town residents; to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease; and to declare what is a nuisance and abate the same and to impose fines upon parties who may create or continue nuisances or suffer nuisances to exist; and
Whereas, the Town has several ordinances, in effect, which relate to the health, safety, welfare, and best interests of the citizens of the Town; and
Whereas, the Town does have a municipal court, in place, to hear and decide all matters concerning alleged violations of the Town ordinances; and
Whereas, Colorado Revised Statues 31-4-304 allows the Board to appoint persons for specific purposes, describing such duties as are necessary to assist the Board in administering good government; and
Whereas, the Board has determined that it is in the best interests of the citizens of the Town to create a committee for the purpose of assisting the Board in the administration of and enforcement of the relevant Town ordinances which relate to health, safety, and the welfare of the citizens of the Town.
Repealed 06-01-1999.
Now therefore be it resolved by the Board of Trustees of the Town of Deer Trail Colorado:
Section I.
Creation of Ordinance Enforcement Committee.
The Board hereby creates an ordinance enforcement committee which will consist of seven (7) residents of the Town. Two (2) of the members shall consist of Board members appointed by the mayor. The remaining five (5) members shall be adult residents of the Town as appointed by the Board. All committee members shall be subject to appointment on an annual basis, such appointments to be made during the first regular Board meeting of each year. Members of the Committee may be reappointed to successive terms with their consent but shall not serve longer than three successive years.
Section II.
Ordinance Enforcement Committee Meetings.
The committee will meet once per month or more often as deemed necessary by a majority of the Committee. Meetings will be tape recorded and the Town Clerk shall keep all copies of the tapes of the meetings and will transcribe the minutes of such meetings into written form. The monthly minutes of the Committee meetings will be subject to approval at the following Committee meeting and kept on file at the Town Hall for public inspection. Four members will be necessary for a quorum and any action taken by the Committee will require approval by at least four committee members. At least one member of the committee shall make a report of the Committee's business and action taken on monthly basis to the Board at the Board's regular monthly meeting.
Section III.
Duties of the Ordinance Enforcement Committee.
It shall be the duty of the Committee to regularly inspect properties within the Town for violations of its ordinances as well as to accept complaints from citizens of the Town concerning possible violations of Town ordinances. If, upon a meeting of the Committee, four of the Committee members determine that the subject property is in violation of an applicable Town ordinance, the Committee shall cause a written Notice to be delivered by hand to the owner of the offending property. In the event that the owner cannot be located, the Committee shall cause the Notice to be attached to the front door or wall of the offending property, or in some other conspicuous place upon the property. Further, if the owner cannot be located for personal service of the Notice, the Notice shall also be mailed to the owner at the property address, by certified mail.
*Repealed-06-01-1999
The Notice shall describe the property by street address and shall inform the owner of the property of his or her violation of the applicable ordinance. The Notice shall include a copy of the subject ordinance, The Notice shall further state what action the owner must take to bring his or her property into compliance with the applicable Town ordinance and shall set a date certain, not to exceed thirty days, in which time the owner must bring his or her property into compliance, or face prosecution in the Deer Trail Municipal Court. Extensions of time in which to cure the violation may only be granted with approval of the Board.
Section IV.
Prosecution in Deer Trail Municipal Court.
Should the owner of any offending property fail or refuse to comply with the Committee's Notice within the time frame set forth in the Notice, the Committee shall cause a Summons and Complaint to be served upon the owner, in accordance with the Colorado Municipal Court Rules of Procedure, requiring the owner to appear in Court on a date certain to answer the charges against him or her. One or more Committee members shall be available to assist in the prosecution of the owner accused of the violation of The Town ordinance.
Section V.
Repealer.
All acts, orders, resolutions, ordinances, or partes thereof, of the Town that are inconsistent or in conflict with this Resolution are hereby repealed to the extent only of such inconsistency or conflict.
Section VI.
Recording and Authentication
The Board of Trustees of the Town of Deer Trail has determined that this Resolution is necessary to the immediate preservation of the public health and safety in that violation of Town Ordinances concerning the health and safety of Town citizens will be detrimental to such citizens who abide by such ordinances. The Board determines that this Resolution shall take immediate effect and be enforceable upon passage.
Adopted and approved this 7th Day of July 1998.
Signed: LeRoy Koch, Mayor
Attest: Jessica E. Stoumbaugh, Town Clerk