Resolution Number 99-06

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 planning committee.

Whereas, the Town of Deer Trail, (hereinafter referred to as the "Town) , in the County of Arapahoe and the State of is the body corporate operating as a statutory town pursuant to the general statutes of the State of and 

Whereas, the Colorado Revised Statues 3 1-1 5-401 (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 3 1-4-304 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:

(Same as Original)

Now, therefore be it resolved by the Board of Trustees of the Town of Deer Trail Colorado:

Section I. 

Creation of the Deer Trail Ordinance Planning and Improvement Committee.

The Board hereby creates a Deer Trail Ordinance Planning and Improvement Committee which will consist of fifteen (15) residents or property owners of the Town. To quality as a Deer Trail Ordinance Planning and Improvement Committee voting member, one must, if a property owner, be able to produce a Land Deed or a Power of Attorney as proof and if a resident, must have been a resident for at least six (6) months and able to produce rent receipts as proof The 15 voting members shall be adult residents or property owners of the town as appointed by the Board. All voting 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. Voting members of the Committee may be reappointed to successive terms with their consent.

Section II. 

Deer Trail Ordinance Planning and Improvement Committee Meetings.

The voting Committee will meet once per month or more often as deemed necessary by the majority of the voting Committee. Meetings will be tape recorded and the Town Clerk shall keep the official tape of the meetings at the Town Hall. The elected DTOPIC Secretary will transcribe the minutes of such meetings into written form and submit a copy to the Town Board. 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. Eight (8) voting Members will be necessary for a quorum and any action taken by the Committee will require approval by at least 2/3 of the voting members present. The elected Committee reporter or reporter Pro-Tern of the committee shall make a report both verbal and in written form, on a monthly basis, of the Committee's business and actions taken to the Town Board at the Board's regular monthly meeting. The Deer Trail Ordinance Planning and Improvement Committee meetings will be conducted according to Robert's Rules of Order.

Section III. 

Deer Trail Ordinance Planning and Improvement Committee Elections. 

The Deer Trail Ordinance Planning and Improvement Committee will elect annually a Chairperson, Chairperson Pro-Tern, Secretary, Secretary Pro-Tern. Reporter, and Reporter Pro-Tern from its voting members at its first meeting of each calendar year.

Section IV. 

Duties of the Deer Trail Ordinance Planning and Improvement Committee.

It shall be the duty of the Committee to initiate and organize projects, such as Town Clean-up Days, Outstanding Yard Recognitions, and Volunteer Groups to encourage voluntary compliance with Ordinances, and, to accept written and signed complaints from citizens of the Town concerning possible violations of Town Ordinances. If, upon a meeting of the Committee, eight (8) of the voting Committee members determine that a complaint on a specific property is valid and that the property is in violation of an applicable Town Ordinance, the Committee Secretary shall mail a written notice to the owner, renter or Agent of the offending property by certified mail (after approval by the Town Board). The written notice shall describe the property by street address and shall inform the owner, renter or Agent of the specific situation which constitutes the violation, how it was determined to be in violation, and which ordinance it is in violation of. The notice shall also inform the owner, renter, or Agent of the date, time and place of the next DTOPIC meeting and require the presence of the owner, renter, or Agent at said meeting to discuss the violation with the Committee. The person who signed the complaint will also be notified of the date, time and place of the next DTOPIC meeting and will be require to attend to discuss the violation. Additionally, the owner, renter or Agent shall be requested to call the DTOPIC Secretary if unable to attend the D-TOPIC meeting and schedule another meeting time. At the next D-TOPIC meeting, the goal of the discussion between the owner, renter or Agent, the signer of the complaint and D-TOPIC shall be to agree upon a remedy to the violation, and how it may be accomplished. D-TOPIC will make every attempt to assist in the solution, and will set a final date for compliance, not less than thirty (30) or more than one hundred and twenty (120) days depending on the magnitude of the problem, and the specific situation. The agreement reached must then be approved by the Town Board. Any time extensions beyond one hundred and twenty (120) days will require additional Board approval.

Revision per 08-03-99 regular meeting D-Topic my advice or make recommendations to the Town Board concerning enforcement procedures as to all Town ordinances, unless otherwise specified by the Town Board. 

Section V. 

Prosecution in Deer Trail Municipal Court.

Should the owner, renter or Agent of any offending property fail or refuse to comply with the Committee's recommendation to the Board, after approval by the Board, the Committee shall cause a Summons and Complaint to be served upon the owner, renter or Agent in accordance with the Colorado Municipal Court Rules of Procedure. requiring the owner, renter or Agent to appear in Court on a date certain to answer the charges against him or her. Four (4) or more voting Committee Members and two (2) Board Members shall be available to assist in the prosecution of the owner, renter or Agent accused of the violation of The Town ordinance.

Section VI. 

All acts, orders, resolutions, ordinances, or parts 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 VII. 

Recording and Authentication
The Board of Trustees of the Town of Deer Trail has determined that this Resolution is necessary to the 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 effect and be enforceable thirty (30) days after publication.

Adopted and approved this 3rd day of August 1999

Signed: LeRoy A. Koch, Mayor

Attest: Jessica Stoumbaugh, Town Clerk