HomeMy WebLinkAbout05855ORDINANCE NO. 5g55 AN ORDINANCE AMENDING TITLE XVII OF THE 1971 CODE OF ORDINANCES RELATING TO ZONING, SECTION 28 OF CHAPTER 4 RELATING TO PARKING AND STORAGE OF CERTAIN VEHICLES, AND SECTION 3 OF CHAPTER 7 RELATING TO VIOLATIONS AND PENALTIES, AND PROVID- ING PENALTIES FOR VIOLATIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material being deleted; underscoring indicates material being added.) SECTION 1. Paragraph (a) of Section 28, Chapter 4 of Title XVII of the 1971 Code of Ordinances is hereby amended to read as follows: [(a) Automotive vehicles or trailers of any kind or type including chassis or bodies of such vehicles without current license plates shall not be parked or stored on any residen- tially zoned property other than in completely enclosed buildings or in the rear yard area that is totally screened from view and cannot be seen by any person from any adjoining public or private property. Any storage area shall be constructed, used and maintained in an orderly appearance at all times.] (a) No inoperable ve hicle nor vehicle parts or accesso- ries shall be stored or parked on any residentially zoned property other than in an enclosed accessory building. Collector's items and parts cars shall not be stored or parked on residentially zoned property other than in an enclosed accessory building or in an effectively screened outdoor storage area. Outdoor storage areas shall be kept and maintained free of weeds, trash and other objectionable items and in such a manner that the outdoor storage area, collector's items and parts cars do not constitute a health, safety, or fire hazard. As used in this paragraph, unless the context otherwise requires: (1) "Inoperable vehicle" means a motor vehicle, trailer, or tractor of any kind which meets any one or more of the followina conditions: (i) without current license plates, (ii) apparently inoperable, or (iii) extensively damaged, such damage includ- ing but not limited to broken window or windshield or both, or missing wheel, tire, motor or trans- mission. The term "inoperable vehicle" does not include a registered and licensed or stickered collector's item kept by the owner on his private property for the - purposes of maintenance, repair, restoration, rebuild- ing, or renovation. (2) "Outdoor storage area" means an area in the rear yard of a collector's private property located outside rear and side yard setbacks which effectively screens collector's items and parts cars from public view by means of a solid fence, trees, shrubbery or other appropriate means. (3) "Collector ", "collector's item ", and "parts car" shall have the same meaning as set forth in X42 -15 -101, C.R.S. (4) "Accessory building" means an enclosed build- ing or structure meeting the requirements of Section 17 -4 -23. SECTION 2. Section 3 of Chapter 7 of Title XVII is hereby repealed and reenacted with amendments to read as follows: 17 -7 -3: VIOLATIONS AND PENALTIES (a) Wherever by the provisions of this Title the performance of any act is required or the performance of any act is prohibited or wherever any regulation, dimension or limitation is imposed on the use or change of use of or upon any land or on the erection or alteration of any structure or the use or change of use of such structure or the uses within such structure, a failure to comply with the provisions of this Title shall constitute a violation of this Title. Every day on which a violation exists shall constitute a separate violation and a separate offense. (b) It shall be unlawful and shall be deemed a strict liability offense for any owner, lessee, occupant, or agent of an owner, lessee, or occupant to commit, participate in, assist in, maintain, or allow or permit to exist, or to otherwise let happen a violation of this Title on the land or in the structure to which the owner, lessee, occupant, or agent has legal or equitable title or right of possession. (c) Any person violating any provisions of this Title shall be punished by a fine not exceeding three hundred dollars or imprisonment for a term not exceeding ninety days -2- or by both such fine and imprisonment. (d) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any bui ldinq, structure or land is used in violation of any provision of this Title, the City or any proper person may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. The remedies herein provided are cumulative and the imposition of any penalty under (c) above shall not preclude the City or any proper person from instituting any appropriate action or proceeding to require compliance with the provisions of this Title and with administrative orders and determinations made hereunder. SECTION 3. This Ordinance shall become effective June 1, 1994. INTRODUCED: January 24, 1994 By SAMILET, CnRSENTIND Councilperson TJ 67.15 -3- ATTEST: APPROVED: