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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, .~