HomeMy WebLinkAbout06676ORDINANCE NO. hh76
AN ORDINANCE AMENDING TITLE XIII OF THE PUEBLO
MUNICIPAL CODE BY ADDING CHAPTER 3 THERETO
RELATING TO DRAINAGE EASEMENTS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
WHEREAS, drainage easements should remain open and unobstructed for the safe and
efficient control of storm and surface water within the City, and
WHEREAS, drainage easements are being obstructed thereby creating health and safety
problems, and
WHEREAS, it would be in the best interest of the City and in furtherance of the public health,
safety and welfare to enact an ordinance prohibiting the obstruction of drainage easements. 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
Title XIII of the Pueblo Municipal Code is hereby amended by the addition of the following
new Chapter 3:
TITLE XIII
CHAPTER 3
DRAINAGE EASEMENTS
Sec 13 -3 -1 Definitions. "Drainage easement" means and includes easements and
rightsof-wa -way dedicated to the public for drainage of storm and surface water and natural
drainage ways which have historically conveyed storm and surface water.
Sec 13 -3 -2 Declaration of Policy. The City Council hereby finds and determines
that drainage easements should remain open and unobstructed for the safe and efficient
control of storm and surface water within the City.
Sec. 13 -3 -3. Obstructing Drainage Easement. It shall be unlawful and a Class 2
municipal offense for my person to install or place any trash debris, dirt landscaping, trees
shrubs, structures buildings or any other object in a drainage easement which hinders,
interferes with, or obstructs the free flow of storm and surface water within the drainage
easement.
Sec. 13 -3 -4. Order to Abate. The Director of Public Works or his authorized
representative may issue a written order to the owner of any property upon which a drainage
easement is located to abate and remove all obstructions therefrom. Such order shall describe
the obstruction to be abated and removed and the date by which such removal shall be
completed.
Sec. 13 -3 -5. Appeal of Order. Any person receiving an order issued pursuant to
section 13 -2 -4 may appeal the order to the Zoning Board of Appeals by filing a written notice
of appeal sped ing the grounds therefor with the Director of the Department of Zoning
Administration within fifteen (15) days from the date of the order. The Director of the
Department of Zoning_ Administration shall transmit to the Zoning Board of Appeals all
documents constituting the record with respect to the order being appealed.
Sec. 13 -3 -6. Hearing and Review. The Zoning Board of Appeals shall fix a
reasonable time for the hearing on appeal, give fifteen (15) days prior written notice thereof
to the person filing the appeal and the Director of the Department of Public Works, conduct
the hearing on appeal in accordance with the ordinances of the City. and decide the appeal
within thirty_(30days after the conclusion of the hearing. At the hearing any interested party
may appear in person or by agent or attorney. All removal and abatement action required by
the order shall be stayed pending decision of the Zoning Board of Appeals. The City or any
person aggrieved by the decision of the Zoning Board of Appeals may seek review of the
decision by the Pueblo County District Court in the mannerprovided by C.R.C.P. 106(al(41.
A petition for such review shall be filed within thirty (3 0) days after the decision of the Zoning
Board of Appeals.
Sec. 13 -3 -7. Failure to Obey Order. It shall be unlawful and a Class 2 municipal
offense for any person served with an order issued pursuant to section 13 -3 -4 to fail to
comply with the order within the time specified therein. Failure to comply with such order
constitutes a separate and independent violation in addition to and not in substitution of any
violation of section 13 -3 -3. It shall be an affirmative defense to a violation of this section 13-
3-7 that the order has been duly and timely appealed to the Zoning Board of Appeals and the
Zoning Board of Appeals has reversed or modified the order on appeal after notice and
hearing.
SECTION 2
If any provision of this Ordinance shall be held or deemed to be or shall, in fact, be illegal,
inoperative or unenforceable, the same shall not affect any other provision or provisions hereof or
render the same invalid, inoperable or unenforceable to any extent whatever.
-2-
SECTION 3
All ordinances, or parts thereof, in conflict with this Ordinance are hereby repealed only to
the extent of such conflict.
SECTION 4
This Ordinance shall take effect immediately upon final passage.
INTRODUCED: April 9, 2001
LIZ
Corinne Koehler
Councilperson
ATTEST:
City Ct6k
PASSED AND APPROVED:
April "Lj, zuui
A:\0RDINANC. WPD -3-