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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.