HomeMy WebLinkAbout1979- 6 Prohibiting the Depositing of Certain Materials, Dirt and Snow on Public Street, Alleys, and Ways Without the Removal of the Same"_ ~ ~ i ~ ~
~~ ORDINANCE N0. ~O
`" ~ Series of 1979
AN ORDINANCE PROHIBITING THE DEPOSITING
OF CERTAIN MATERIALS, DIRT AND SNOW
ON PUBLIC STREETS, ALLEYS AND WAYS WITHOUT
THE REMOVAL OF THE SAME: REQUIRING THE
REMOVAL OF SUCH MATERIALS, DIRT AND SNOW
DEPOSITED ON THE PUBLIC STREETS, ALLEYS OR
WAYS: PROVIDING FOR ASSESSMENT OF COST OF
REMOVAL TO OWNER OF PROPERTY AND COLLECTION
THEREOF AND SETTING FORTH DETAILS RELATING
THERETO.
WHEREAS, during the summer, construction of new
buildings result in dirt, debris and other materials being
dumped on public streets, alleys and ways. In the winter,
the removal of snow and ice from buildings and private property
results in the snow and ice being dumped on the public ways; and,
WHEREAS, the accumulation of such debris on public
way is detrimental to the public interest and it creates health
and safety hazards; and,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF VAIL, COLORADO, THAT:
Section 1. The Vail Municipal Code is hereby amended
by the addition of Sections 8.16.125 and 8.16.126 to read as
follows:
8.16.12 5. Dirt, snow and other materials not to be
deposited on streets, sidewalk:.,; alleys,
or public places.
A. Subject to subsection (c) hereof, it is unlawful
for any person to litter, track or deposit, or
cause to be littered, tracked or deposited, sand,
gravel, rocks, mud, dirt, snow, ice or any other
debris or material upon any street, sidewalk, alley
or public place or any portion thereof.
B. The director of public works may notify and require
any person who violates or causes another to violate
the provision of subsection (a) hereof, or who has
in his employment a person who violates or causes
another to violate the same, to remove such sand,
gravel, rocks, mud, dirt, snow, ice or any other
debris or material within twenty-four hours after
receipt of said notice by the director of public
works. In the event the person so notified does
not comply with the notice within the period
of time herein specified, the director of public
works, or his authorized agent, may cause any such
sand, gravel, rocks, mud, dirt, snow, ice, debris
or any other material to be removed from any
street or alley at the expense of the person
notified.
,~ ~ • •
Ord. Page 2
C. The provisions of subsection (a) hereof
shall not be applicable:
(1) Within the immediate area of any
construction, maintenance or repair
project of any street or alley or of
any water main, sewer main, electricity
line, gas line, telephone line or any
appurtenances thereto;
(2) To deposits of sand, dirt or materials
necessary for the protection of the
public safety; and
(3) To public areas designated for the
dumping or depositing of said materials.
D. As an alternative to the "Notice for Removal"
provided above, any person who violates or
causes another to violate the provisions of
subsection (a) hereof, or who has in his
employment a person who violates or causes
another to violate the same, may be issued
a summons to appear before the municipal court
of the Town of Vail for said violations and
upon being found guilty of a violation hereunder
be punished by a fine not exceeding three
hundred dollars, or by imprisonment not
exceeding ninety days, or both such fine and
imprisonment.
E. It is unlawful for any person to fail or refuse
to comply with the notice of the director of
public works as provided in subsection (b)
hereof, and any such person shall, in addition
to payment of the expense of removal incurred
by the director of public works, as provided
in subsection (b) hereof, upon being found
guilty of a violation hereunder be punishable
by a fine not exceeding three hundred dollars,
or by imprisonment not exceeding ninety days,
or both such fine and imprisonment.
8.16.126 Same-Removal by Town; costs incurred;
duty of owner to pay; collection.
A. In case any notice given under Section 8.16.1?5
of this chapter shall not be complied with, the
director of public works, or his authorized agent,
is authorized and empowered to order the removal
of the sand, gravel, rocks, mud, dirt, snow, ice,
or any other debris or material, and shall have
the authority to call the necessary assistance
therefor.
B. Upon completion of the removal, the director of
public works, or his authorized agent, shall
certify to the director of finance the cost
of said removal of sand, gravel, rocks, mud,
dirt, snow, ice, or any other debris or material,
and the director of finance shall thereupon,
by certified mail addressed to the owner of the
premises from which the sand, gravel, rocks,
mud, dirt, snow, ice or any other debris or
material originated or came, or other person
to whom the notice was directed as provided
for in Section 8.16.125, give notice of the
removal and the cost incurred for such work,
will be assessed against the owner's lot, tract,
or parcel of land if the same is not paid within
30 days of the date of notice.
r ~
~ ~ / •
°~ ~~' Ord. Page 3
C. It shall be the duty of the owner of the premises
or other person to whom the notice was directed,
to pay the cost of said removal within thirty days
after the mailing of the notice, and in case of his
failure to do so, the Town shall have the right to
make assessment against any lot, tract or parcel
of land, and to certify such assessment to the
treasurer of Eagle County, for the purpose of
having the assessment placed upon tax rolls
and collected in the same manner as general taxes
are collected.
Section 1. The repeal by implication of any provision
of the Vail Municipal Code by this ordinance shall not affect
any right which was accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, or any other
action or proceeding as commenced under or by virtue of the
provisions repealed or repealed and reenacted.
Section 2. If any part, section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be
invalid, such decision shall not affect the validity of the
remaining portions of this ordinance9 and the Town Council
hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and
declares that this ordinance is necessary and proper for the
health, safety and welfare of the Town of Vail and the inhabitants
thereof.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL, this 6th day of February, 1979,
and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council of the Town of Vail, Colorado, on the
Zp'~day of February, 1979, at 7:30 P.M., in the Municipal
Building of the Town. r
G '
Mayor
ATTEST: 'y
,~~ ~-,-~
Town Clerk
. ~ i, '~
~•.
Ord. Page
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED
BY TITLE ONLY THIS ZG'th day of February, 1979.
,~,
Mayor /
N ~
ATTEST:
~ ~ .,.
~ ~ , ~~
Town Clerk
£~Z,
.~