Loading...
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-