HomeMy WebLinkAbout08276ORDINANCE NO. 8276
AN ORDINANCE AMENDING CHAPTER 5, TITLE XVII OF
THE PUEBLO MUNICIPAL CODE PERTAINING TO
ENFORCEMENT OF THE ZONING CODE
WHEREAS, the City utilizes Code Enforcement Officers in both the Planning
Department and the Police Department to enforce the City's zoning code in Title 17 of
the Pueblo Municipal Code, as amended;
WHEREAS, providing that Code Enforcement officers in both departments will
have the power to issue summons and complaints for violation of the City's zoning code
will improve enforcement of the City's zoning code; and
WHEREAS, providing that Code Enforcement Officers may proceed against
violations of the City's zoning code either by order to cease and desist or immediately
by summons and complaint will expedite and improve enforcement of the City's zoning
code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
that: (brackets indicate matter being deleted; underscoring indicates new matter being
added)
SECTION 1.
Section 17-5-1 of Chapter 5, Title XVII, Pueblo Municipal Code, as amended, is
hereby amended to read as follows:
Sec. 17-5-1. Administration and enforcement.
(a) The City Manager or City Manager's designee shall be the
Administrative Official authorized and empowered to administer and enforce this
Title. Code Enforcement Officers employed by the City and assigned to the
or the Department of Planning and Community
Pueblo Police Department
Development
are appointed law enforcement officers of the City with the
notices of violationorders to cease and desist, and
authority to issue ,
summonses and complaints for violations of this Title. Code Enforcement
[
Officers shall act under the direction and supervision of the Chief of Police or
]
the director of their respective Departments
the Chief of Police's designee
and shall be specifically trained with respect to the type of activity which is
prohibited by, and which constitutes a violation of this Title.
[
or a Code Enforcement Officer
(b) If the Administrative Official shall
]
has reasonable grounds to believe
findthat any of the provisions of this Title
[
or have been
are being violated, he or she shall notify in writing the person
responsible for such violations, indicating the nature of the violation and ordering
the action necessary to correct it. He or she shall order discontinuance of illegal
use of land, buildings or structures; removal of illegal buildings or structures or of
illegal additions, alterations or structural changes; discontinuance of any illegal
work being done; or take any other action authorized by this Article to ensure
]
may:
compliance with or to prevent violation of its provisions
(1) issue a summons and complaint to the person
responsible for such violations without first issuing any notice or
order;
(2)issue to the person responsible for such violations a
notice of violation and an order to cease and desist, indicating the
nature of the violation and ordering the action necessary to correct
it, including discontinuance of illegal use of land, buildings or
structures, removal of illegal buildings or structures or of illegal
additions, alterations or structural changes, and discontinuance of
any illegal work being done. If the person responsible for the
violation fails, neglects, or refuses to comply with the order to cease
and desist within the time specified in the order, the Administrative
Official or his or her designee or a Code Enforcement Officer may
issue a summons and complaint to the person responsible for the
underlying violation of this Title and for failure to comply with the
order; or
(3) take any other action authorized by this Article or by
Chapter 7 of this Title to ensure compliance with this Title or to
prevent violation of its provisions.
SECTION 2.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: October 12, 2010
BY: Vera Ortegon
COUNCILPERSON
PASSED AND APPROVED: October 25, 2010
Background Paper for Proposed
ORDINANCE
DATE: October 12, 2010 AGENDA ITEM # R-5
DEPARTMENT: Planning and Development
Jeff Bailey, Assistant City Manager for Development Services
Law Department
Thomas J. Florczak, City Attorney
TITLE:
AN ORDINANCE AMENDING CHAPTER 5, TITLE XVII OF THE PUEBLO MUNICIPAL
CODE PERTAINING TO ENFORCEMENT OF THE ZONING CODE
ISSUE:
Should Section 17-5-1 Pueblo Municipal Code be amended to provide that:
(a) Zoning Code Enforcement Officers shall be law enforcement officers
empowered to issued summonses and complaints; and
(b) the Zoning Code Enforcement Officer may proceed by summons and
complaint before issuing a cease and desist order.
RECOMMENDATION:
The proposed ordinance should be approved.
BACKGROUND:
Section 17-5-1, Pueblo Municipal Code, currently provides that Code Enforcement Officers
assigned to the Police Department are law enforcement officers empowered to issue
summons and complaints. The proposed ordinance would extend this same power to Code
Enforcement Officers in the Zoning Department.
Section 17-5-1, Pueblo Municipal Code, currently provides that the Zoning Code
Enforcement Officer must first proceed against violations by issuing a cease and desist
order. This procedure often results in significant delays. The proposed ordinance would
permit the Zoning Code Enforcement Officer to proceed by summons and complaint without
first issuing a cease and desist order.
FINANCIAL IMPACT:
None anticipated.