The ordinances in this and the following chapters and sections shall constitute and be designated "Code of the City of Thornton, Colorado," and may be so cited. Such ordinances may also be cited as "Thornton City Code."

(Code 1975, § 1-1; Ord. No. 705, 12-22-75)

Charter reference— Codification of ordinances, § 8.11.

Cross reference— Adoption by reference, § 2-55.

State Law reference— Ordinance codification, C.R.S. § 31-16-201 et seq.

In the construction of this Code and of all ordinances and regulations of the city, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any section, ordinance or regulation or unless inconsistent with the manifest intent of the city council or unless the context clearly requires otherwise:

Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the intent and meaning of the city council may be fully carried out.

In the interpretation and application of any provisions of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than another more general provision imposed by this Code or other law, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

The terms "city manager," "city treasurer," "city finance director," "city clerk," "city attorney" and "municipal judge" are defined in the Charter.

Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Charge or offense. The terms "charge" and "offense" shall refer to violations of both criminal and civil ordinances, including traffic infractions, as defined in Section 14-7.

Charter. The term "Charter" shall mean the City Charter as printed in this publication.

City. The term "city" shall mean the City of Thornton, Colorado.

City Council. The term "city council" or "council" shall mean the City Council of Thornton, Colorado.

Code. The term "Code" shall mean the Thornton City Code as designated in Section 1-1.

Computation of time. In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday or legal holiday, as legal holiday is defined in C.R.S. § 24-11-101(1), the period is extended to include the next day that is not a Saturday, Sunday or legal holiday, unless state law provides otherwise, in which case such state law will control. If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.

Charter reference— Mandatory to provide rule, § 16.3.

State Law reference— Similar provisions, C.R.S. § 2-4-108.

Councilmember. The term "councilmember" shall mean a member of the city council.

County. The term "county" shall mean Adams County, Colorado.

C.R.S. The abbreviation "C.R.S." or "Colo. Rev. Stat." shall refer to the Colorado Revised Statutes, as amended.

Day. A day is the period of time between 12:00 midnight and the 12:00 midnight following.

Daytime, nighttime. The term "daytime" shall mean the period of time between sunrise and sunset. The term "nighttime" shall mean the period of time between sunset and sunrise.

Delegation of authority. A provision which requires or authorizes a city officer or a city employee to do some act is to be construed to authorize the city officer or employee to designate, delegate and authorize subordinates to perform the act, unless otherwise specifically provided.

Fine. The term "fine" shall include a monetary penalty imposed upon a defendant for violation of a municipal ordinance, whether criminal or civil, including traffic infractions, as defined in Section 14-7.

Gender. Any word importing the masculine gender only shall also include the feminine and neuter. Any word importing the feminine gender shall also include the masculine and neuter.

Guilty. The term "guilty" shall include a plea of guilty, a no contest plea, a finding of guilt after trial, an admission by a defendant that the defendant has violated a civil infraction under this Code, an entry of default judgment on a traffic infraction pursuant to Section 14-7 or a determination by a judge or referee that a defendant has violated a civil infraction after a hearing.

Joint authority. All words giving a joint authority to three or more persons shall be construed as giving such authority to a majority of such persons.

Law. The term "law" shall mean applicable federal law and the federal constitution, the Constitution and Statutes of the state, the Charter, ordinances and resolutions of the city, all decisions of federal and state courts and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

Local health department. The term "local health department" shall mean the Adams County Health Department.

May. The term "may" is to be construed as being permissive.

May not. The term "may not" shall have a prohibitory effect.

Month. The term "month" shall mean a calendar month.

Must. The term "must" is to be interpreted as being mandatory.

Oath. The term "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

Officers, departments, etc. Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the city. The term "officer" shall include the mayor and other members of council, the administrative officers plus members of city boards and commissions created by or pursuant to the Charter.

Ordinance. The term "ordinance" shall mean any act of local legislation adopted so long as it remains in force and effect pursuant to law.

Owner. The term "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

Person. The term "person" shall include any individual, firm, copartnership, joint venture, corporation, society, club, association, joint-stock company, estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity, where appointed by court or otherwise, or any group or combination acting as a unit, including the United States, the state and any political subdivision thereof.

Personal property. The term "personal property" shall include every species of property except real property.

Plural and singular. Any word that is in the singular only shall also include and mean the plural.

Preceding, following. The terms "preceding" and "following" shall mean next before and next after, respectively.

Property. The term "property" shall include real and personal property.

Public place. The term "public place" shall mean any street or highway, sidewalk, park, cemetery, schoolyard or open space adjacent thereto and any lake or stream. The term "public place" includes any private property accessible to the public such as a trail, bikepath, alley, hiking path or shopping center parking lot.

Real property. The term "real property" shall include lands, tenements, hereditaments, improvements on land and also structures.

Shall. The term "shall" is to be construed as being mandatory.

Sidewalk. The term "sidewalk" shall mean that portion of the public right-of-way intended for the use of pedestrians.

Signature, subscription. The term "signature" or "subscription" shall include a mark when the person cannot write and may also include an electronic signature as prescribed in Section 2-3.

Standards and specifications. The term "standards and specifications" shall mean the City of Thornton Standards and Specifications for the Design and Construction of Public Improvements, as amended.

State. The term "state" shall mean the State of Colorado.

Statute. The term "statute" shall refer to the Colorado Revised Statutes, as amended.

Street. The term "street" shall mean and include any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such terms shall include all of them.

Tenant, occupant. The term "tenant" or "occupant," applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

Tense. Words used in the past or present tense include the future as well as the past and present.

Use of "to" in reference to several sections. Whenever a reference is made to several sections and the section numbers given in the reference are connected by the term "to," the reference shall include both sections whose numbers are given and all intervening sections.

Week. The term "week" shall mean only seven consecutive days.

Written, in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year. The term "year" shall mean a calendar year.

(Code 1975, §§ 5-5, 6-27; Ord. No. 705, 12-22-75; Ord. No. 1490, 11-12-85; Ord. No. 2126, § 5, 11-12-91; Ord. No. 2202, 10-12-92; Ord. No. 3598, § 1, 9-28-21; Ord. No. 3648, § 2, 4-11-23; Ord. No. 3666, § 2, 9-26-23)

State Law reference— Construction of statutes, C.R.S. § 2-3-101 et seq.

(a)

Catchlines, headings and titles of sections, divisions, subdivisions, articles and chapters of this Code or in changes made in the Code are inserted for the convenience of users of the Code and shall have no legal effect.

(b)

The history or source notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. Cross references and state law references which appear after sections or subsections of this Code or which otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect.

(c)

All references to chapters, articles, divisions or sections are to the chapters, articles, divisions and sections of this Code, unless otherwise specified.

(Code 1975, § 1-5; Ord. No. 705, 12-22-75)

(a)

The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect, unless otherwise noted.

(b)

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect or any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed, but trial, conviction and punishment for any such offense and recovery of any penalties shall be had in all respects as if the repealed provision had remained in force.

State Law reference— Effect of repeal of statutes, C.R.S. §§ 2-4-302, 2-4-303.

The adoption of this Code, any Code supplement or any ordinance contained therein shall not create any duty to any person with regard to the enforcement or nonenforcement of this Code, Code supplement or ordinance. No person shall have any civil liability remedy against the city, its officers, employees or agents, for any damages arising out of or in any way connected with the adoption, enforcement or nonenforcement of this Code, Code supplement or ordinance, and specifically nothing therein shall be construed to create any liability or to waive any immunities, limitations of liability or other provisions of the Governmental Immunity Act, C.R.S. § 24-10-101 et seq., or to waive any immunities or limitations on liability otherwise available.

Any additions or amendments to this Code, when passed in such form as to indicate the intention of the city council to make the additions or amendments a part of this Code, shall be deemed to be incorporated in this revision so that reference to this Code shall be understood as including them.

(a)

Supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative or referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this Code, all portions of the Code that have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may only make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions;

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the term "this ordinance" or a term of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _____ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections or the alphabetical arrangement of new chapters inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

(a)

Any person who pleads guilty or no contest to or who, after trial, is found guilty of violating any municipal ordinance which is subject to this subsection shall be fined in an amount not to exceed the maximum amount authorized by state law for municipal courts, except as may be otherwise imposed within the context of a specific section, subsection, ordinance or applicable City Charter provision.

(b)

Any person who pleads guilty or no contest to or who, after trial, is found guilty of violating any municipal ordinance which is subject to this subsection shall be incarcerated for a period not to exceed 364 days or fined in an amount not to exceed the maximum amount authorized by state law for municipal courts, or both such fine and imprisonment, except as may be otherwise imposed within the context of a specific section, subsection, ordinance or applicable City Charter provision.

(c)

In the absence of provisions to the contrary, violations of municipal ordinances are punishable as provided in subsection (b) of this section.

(d)

The municipal court is empowered in its discretion to assess costs against any defendant who pleads no contest, who pleads guilty, or who is found guilty at trial of any ordinance violation or against whom a default judgment is entered pursuant to Section 14-7. Such costs shall be fixed by resolution or ordinance by the city council in accordance with Charter Section 6.2.

(e)

Notwithstanding any other provision of this Code, no person under the age of 18 years as of the date of the offense for which such person is convicted shall be subject to incarceration except as set forth in Section 14-16.

(f)

In any case punishable under this section where the defendant pleads guilty, no contest, or is found guilty, the sentence shall include consideration of restitution, except for convictions arising from violations of Thornton City Code Chapter 38, Article XII or the Model Traffic Code. Each such order shall include one or more of the following:

(1)

An order of a specific amount of restitution be paid by the defendant;

(2)

An order that the defendant is obligated to pay restitution, but that the specific amount of restitution shall be determined within the 91 days immediately following the order of conviction, unless good cause is shown for extending the time period by which the restitution amount shall be determined;

(3)

An order, in addition to or in place of a specific amount of restitution, that the defendant pay restitution covering the actual costs of specific future treatment of any victim of the crime; or

(4)

Contain a specific finding that no victim of the crime suffered a pecuniary loss and therefore no order for the payment of restitution is being entered.

(g)

For purposes of this section:

(1)

A victim shall be the party immediately and directly aggrieved by a defendant who is convicted under this Code; and

(2)

The amount of restitution shall be based on the actual, un-reimbursable, pecuniary damages sustained by the victim; and

(3)

Compensable losses for which restitution may be ordered include, but are not limited to, the following:

a.

Reasonable medical and hospital expenses and expenses incurred for dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices.

b.

Loss of earnings.

c.

Outpatient care.

d.

Property damage.

e.

Mental health counseling.

f.

Payment of the deductible amount on an insurance policy.

(h)

The court shall base its order for restitution upon information presented to the court by the prosecuting attorney, who shall compile such information through victim impact statements or other means to determine the amount of restitution and the identities of the victims. Further, the prosecuting attorney shall present this information to the court prior to the order of conviction or within 91 days, if it is not available prior to the order of conviction. The court may extend this date upon motion if good cause is shown.

(i)

Any order for restitution may be:

(1)

Increased if additional victims or additional losses not known to the judge or the prosecutor at the time the order of restitution was entered are later discovered and the final amount of restitution due has not been set by the court; or

(2)

Decreased:

a.

With the consent of the prosecuting attorney and the victim or victims to whom the restitution is owed; or

b.

If the defendant has otherwise compensated the victim or victims for the pecuniary losses suffered and can prove such beyond a preponderance of the evidence.

(j)

Any order for restitution entered pursuant to this section is a final civil judgment in favor of the state and any victim. Notwithstanding any other civil or criminal statute or rule, any such judgment remains in force until the restitution is paid in full. Notwithstanding any other civil or criminal statute or rule, any termination of a deferred judgment, any entry of an order of expungement, or any entry of an order to seal, any such judgment remains in force and fully enforceable until the restitution is paid in full. Such judgments shall be enforceable in the manner described in Colorado Revised Statutes 18-1.3-601, et seq., as amended.

(k)

If more than one defendant owes restitution to the same victim for the same pecuniary loss, the orders for restitution shall be joint and several obligations of the defendants.

(l)

At the restitution hearing, the court may consider any competent evidence establishing the loss sustained by the victim. Formal rules of evidence shall not apply to any restitution hearing. The standard of proof at such hearings shall be a preponderance of the evidence. The issue to be decided by the court is the amount of reasonable restitution that should be paid by the defendant. Once the amount of restitution is established, the court shall order such restitution be paid by the defendant as part of any sentence imposed by the court.

(Code 1975, § 6-13; Ord. No. 1490, 11-12-85; Ord. No. 1520, 12-16-85; Ord. No. 1801, 11-14-88; Ord. No. 2112, 9-23-91; Ord. No. 2126, § 3, 11-12-91; Ord. No. 2272, § 1, 7-26-93; Ord. No. 2273, §§ 1, 2, 7-26-93; Ord. No. 2304, § 18, 12-20-93; Ord. No. 3266, § 1, 9-24-13; Ord. No. 3534, § 1, 7-23-19; Ord. No. 3677, § 1, 10-22-24)

Charter reference— Penalties for ordinance violations authorized, § 8.9.

Cross reference— Surcharge on certain fines, § 14-22; alternative sentencing program, § 14-91 et seq.

State Law reference— Authorized penalties for ordinance violations, C.R.S. § 31-16-101.

Unless otherwise provided, if any section, subsection, sentence, clause, phrase or portion of this Code or any ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Code or any ordinance, and it shall be construed to have been the legislative intent to pass this Code or the ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this Code or the ordinance after the exclusion of such part shall be deemed and held to be valid as if such part had not been included in this Code or the ordinance. If this Code or any ordinance or any provision thereof shall be held inapplicable to any person, group of persons, property or kind of property, or circumstances or set of circumstances, such holding shall not affect the applicability of this Code or the ordinance to any other person, property or circumstance, unless otherwise provided.

(Code 1975, § 1-8; Ord. No. 705, 12-22-75)

State Law reference— Severability of statutes, C.R.S. § 2-2-204.

The provisions appearing in this and the following chapters, so far as they are in substance the same as those of ordinances existing at the time of the adoption of this Code, shall be considered as continuations thereof and not as new enactments.

Nothing in this Code, the ordinance adopting this Code or any amendment to this Code shall be construed to repeal or otherwise affect the validity of any of the following that are not inconsistent with this Code:

(1)

Any ordinance promising, guaranteeing or authorizing the payment of money by or for the city or any contract, agreement, lease, deed or other instrument or obligation assumed by the city;

(2)

Any ordinance authorizing or relating to specific issuances of bonds or other evidences of indebtedness;

(3)

Any ordinance granting a franchise, vested right or permit;

(4)

Any ordinance establishing any personnel regulations;

(5)

Any ordinance levying or repealing taxes, making appropriations or adopting a budget;

(6)

Any ordinance creating special improvement districts, issuing bonds or assessing taxes or fees therefor;

(7)

Any ordinance creating general improvement districts, Metropolitan Districts (Northern Brittany Place) or business improvement districts;

(8)

Any ordinance making special assessments for local improvements or authorizing refunds from special improvement district bond proceeds;

(9)

Any ordinance vacating, closing, accepting, establishing, locating, relocating, opening, paving, repairing, widening or naming any street or public way;

(10)

Any ordinance establishing grades of specific streets, sidewalks or other public ways;

(11)

Any ordinance affecting the corporate limits of the city;

(12)

Any ordinance which is of a special or temporary nature;

(13)

Any ordinance dedicating, accepting or approving any plat or subdivision;

(14)

Any ordinance or regulation establishing fees, permits, inspections or services or licenses;

(15)

Any ordinance establishing the amount of bond to be posted by city officials;

(16)

Any ordinance relating to federal old-age and survivors benefits for city officers or employees;

(17)

Any ordinance annexing territory to the city or disconnecting territory from the city and any agreement related to annexation or disconnection. Any land use or zoning amendment ordinance in the city or any ordinance adopting land use regulations, subdivision regulations or a map of zoning districts or providing for the adjustment, enforcement and amendment therefor;

(18)

Any administrative ordinance of the city council;

(19)

Any ordinance authorizing specific contracts for purchase of water;

(20)

Any ordinance approving or authorizing specific contracts with the state or with other governmental bodies;

(21)

Any ordinance authorizing a specific lease, sale or purchase of property;

(22)

Any ordinance granting rights-of-way or other rights and privileges to specific railroad companies or other public carriers;

(23)

Any ordinance granting a specific gas company or other public utility the right or privilege of constructing lines in the streets and alleys or of otherwise using the streets and alleys;

(24)

Any ordinance granting a franchise to a specific public utility company or establishing rights for or otherwise regulating a specific public utility company;

(25)

Any ordinance levying a temporary tax or fixing a temporary tax rate;

(26)

Any ordinance calling or providing for an election;

(27)

Any ordinance prescribing traffic and parking regulations for specific streets and locations;

(28)

Any ordinance appointing a councilmember;

(29)

Any ordinance establishing ward boundaries or related election requirements;

(30)

Any ordinance establishing compensation paid to judges of election;

(31)

The ordinance establishing Standards and Specifications for the Design and Construction of Public Improvements, 1993 edition, and any subsequent edition;

(32)

Any ordinance establishing or changing street names;

(33)

Any ordinance adopting a code by reference;

(34)

The water and sewer rate ordinance;

(35)

Any ordinance establishing drainage fees;

(36)

Any ordinance approving litigation documents related to settlements or judgments;

(37)

Any ordinance establishing criteria for speed limits and traffic control devices in residential areas;

(38)

Any ordinance relating to pensions or social security; and

(39)

Any ordinance approving a utility extension policy contract or extraterritorial service agreement not otherwise repealed or terminated.

(Ord. No. 3745, § 1, 8-26-25)

(a)

Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code.

(b)

The adoption of this Code shall not be interpreted as authorizing or allowing any use or the continuance of any use of a structure or premises in violation of any ordinance of the city in effect on the date of adoption of this Code.

(a)

The purpose of this article is to promote the public health, safety, and welfare by establishing processes and methods to encourage compliance with certain provisions of the City Code and by providing for administratively imposed civil penalties and an opportunity for a prompt hearing, appeal, and decision as to code violations.

(b)

This article applies to violations of the following provisions of the City Code:

(1)

Section 6-34(a)—maintenance (animal nuisance);

(2)

Chapter 10—Building Code;

(3)

Chapter 18, Article IV— use standards;

(4)

Section 18-619—maintenance (landscaping);

(5)

Section 18-659(d)(2)— parking area design standards (parking area surfacing);

(6)

Section 18-659(k)— parking maintenance required;

(7)

Section 18-713—prohibited and illegal signs;

(8)

Section 38-393—nuisances enumerated;

(9)

Section 38-394—littering;

(10)

Section 38-395—discharge of nauseous liquids;

(11)

Section 38-396—accumulation to constitute nuisance;

(12)

Section 38-421—unlawful parking;

(13)

Section 38-444—weeds and brush;

(14)

Section 38-462(a) and (f)—unlawful acts (smoking in public places);

(15)

Chapter 46, Article III, Division II—trimming and removal (trees and plants);

(16)

Section 70-76—order of removal (encumbrance);

(17)

Section 70-106—obstruction of streets and sidewalks.

(c)

Enforcement actions for code violations are intended to be cumulative in nature. The city may pursue one or more civil, criminal, and administrative actions, fees, fines, sentences, penalties, judgments, and remedies and may do so simultaneously or in succession.

(Ord. No. 3680, § 2, 3-26-24; Ord. No. 3745, § 2, 8-26-25)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:

Appellant means a responsible party who is appealing an administrative citation pursuant to Section 1-17.

City manager means the city manager or designee.

Code violation means a violation of a provision of the City Code as set forth in Section 1-13(b).

Enforcement officer means as described in Section 14-10(b), and the city forester in enforcing Chapter 46, Article III, Division II, while acting within the scope of their authority.

Hearing officer means a person retained by the city to hear and decide any issue raised in a hearing held pursuant to this article.

Notice of code violation means as described in Section 1-15(a).

Responsible party means a person or entity who has committed a code violation. In the case of code violations pertaining to real property, the responsible party may also include firms, partnerships, corporations, the owner, occupant, lessor or tenant, or an individual or entity who, acting as an agent for or in any other legal capacity on behalf of the owner, has authority over property subject to a notice of code violation or administrative citation issued pursuant to this article.

(Ord. No. 3680, § 2, 3-26-24)

(a)

Whenever the enforcement officer determines that a code violation exists, the enforcement officer may issue a notice of code violation, assessment of civil penalty and order to correct ("notice of code violation") to the responsible party. The notice of code violation shall be in writing and:

(1)

If applicable, identify the real property in violation by address or legal description;

(2)

Describe the alleged code violation with reasonable detail so that the responsible party may correct it;

(3)

Provide a reasonable time for correction given the circumstances of the alleged code violation, but in no case more than ten calendar days, provided, however, that nothing shall prevent the enforcement officer from extending the time provided in the notice of code violation if the responsible party is acting in good faith and making meaningful progress to correct the code violation;

(4)

State the amount of the civil penalty assessed; and

(5)

Advise that if the code violation is corrected in accordance with the notice of code violation, the assessment of the civil penalty shall be waived; otherwise, an administrative citation imposing the civil penalty may be issued.

(b)

The notice of code violation shall be served as follows:

(1)

The enforcement officer shall attempt to serve the notice of code violation personally on the responsible party. If the responsible party is not located and the alleged code violation occurred on private property or on property for which the responsible party has responsibility, a copy of the notice of code violation shall be posted in a conspicuous place on the property;

(2)

If the enforcement officer is unable to serve the notice of code violation personally on the responsible party, the notice of code violation shall be sent via first class mail to the responsible party. In the case of a code violation occurring on private property where the owner of such property is a responsible party, the notice of code violation shall be sent to the address shown in Adams County Assessor's Office records. In the case of a code violation occurring on property for which the responsible party is not the owner, the notice of code violation shall be sent to the most recent mailing address available to the City for that responsible party;

(3)

The notice of code violation shall be deemed served on the date of receipt by the responsible party if personally served, or, if served solely via first class mail, three business days after the date on which the notice of code violation was mailed.

(c)

If, after service of the notice of code violation, the code violation is not corrected in accordance with the notice of code violation, the enforcement officer may issue an administrative citation to a responsible party pursuant to Section 1-16.

(d)

A notice of code violation shall remain in effect until the code violation is corrected.

(e)

A notice of code violation shall not be required before an administrative citation may be issued pursuant to Section 1-16 to the same responsible party for a second or subsequent code violation that is the same code violation as, and occurred within twelve consecutive months of, the code violation for which the notice of code violation was issued.

(Ord. No. 3680, § 2, 3-26-24)

(a)

If a code violation described in a notice of code violation issued pursuant to Section 1-15 is not corrected in accordance with the notice of code violation, the enforcement officer may issue an administrative citation imposing civil penalties pursuant to this article.

(b)

The administrative citation shall:

(1)

If applicable, identify the real property in violation by address or legal description;

(2)

Unless a notice of violation was not required pursuant to Section 1-15(e), include a copy of the underlying notice of code violation, assessment of civil penalty and order to correct;

(3)

State the code provision violated, describe the facts constituting the code violation, and, unless a notice of code violation was not required pursuant to Section 1-15(e), advise that the responsible party failed to correct the code violation in accordance with the notice of code violation;

(4)

State the amount of the civil penalty imposed for the code violation;

(5)

Explain how and when the civil penalty must be paid and the consequences for failing to do so;

(6)

Describe the procedures and deadline to appeal an administrative citation and consequences for failing to do so, or note that the administrative citation is not appealable pursuant to Section 1-17(a) because it was served together with a notice to show cause;

(7)

Include the signature of the enforcement officer and, if it can be obtained, the signature of the responsible party.

(c)

The administrative citation shall be served on the responsible party in the same manner as a notice of code violation pursuant to Section 1-15(b), except that the enforcement officer shall attempt to obtain the signature of the person receiving the administrative citation on the administrative citation. If that person refuses or fails to sign the administrative citation, such refusal or failure shall not affect the validity of the administrative citation and any subsequent proceedings. The administrative citation shall be deemed served on the date of receipt by the responsible party if personally served, or, if served solely via first class mail, three business days after the date on which the administrative citation was mailed.

(d)

Each day a code violation exists or continues to exist in violation of this article shall constitute a separate and distinct violation for which a separate administrative citation may be issued pursuant to this article.

(Ord. No. 3680, § 2, 3-26-24)

(a)

A responsible party issued an administrative citation may appeal it by submitting a notice of appeal pursuant to this section. An appellant shall only have the appeal rights granted in this section. A responsible party is not entitled to appeal an administrative citation pursuant to this section if the administrative citation was served together with a notice to show cause pursuant to provisions of the City Code outside of this article that affords the responsible party the opportunity to contest the code violation for which the administrative citation was issued at a show cause hearing.

(b)

A notice of appeal, together with the processing fee required by subsection (c) of this section, shall be submitted in person or postmarked within seven calendar days from the date of service of the administrative citation, as provided in Section 1-16(c). Compliance with this time limit shall be a jurisdictional prerequisite to any appeal brought under this section. Failure to comply with such time limit shall be deemed to waive the right to a hearing and the adjudication of the issues related to the hearing.

(c)

A notice of appeal shall be accompanied by a non-refundable processing fee of $35.00, which shall be paid by cash, check, or certified funds.

(d)

A notice of appeal shall be in writing and submitted to the city department identified on the administrative citation, and shall contain the following:

(1)

The reasons the appellant believes the administrative citation fails to allege a code violation, lacks a proper factual basis for the alleged code violation, or is otherwise contrary to law;

(2)

The name, address and telephone number of the appellant. If the appellant will be represented by another person, the notice of appeal shall also include the name, address and telephone number of the representative;

(3)

The signature of the appellant, legal representative or corporate agent, as applicable.

(e)

Within five business days of receiving a notice of appeal submitted in accordance with this section, the city manager shall schedule a date, time and location for a hearing before a hearing officer, except that, if requested by the appellant without objection by the city and in the sole discretion of the hearing officer, the hearing officer may decide the appeal solely on written briefs and supporting materials submitted by the appellant and the city. To the extent feasible, a hearing under this section shall be consolidated with another hearing provided for outside of this article that concerns an appeal of the same code violation for which the administrative citation was issued. Notwithstanding any other provision of the City Code to the contrary, the consolidated hearings shall be heard by the hearing officer.

(f)

Written notice of the date, time and location of the hearing shall be personally served on or sent via first class mail to the responsible party at least ten calendar days prior to the date of the hearing.

(g)

The appellant and city may enter into a stipulated agreement. Upon approval and acceptance by the hearing officer, this agreement shall be entered as an order of the hearing officer. Entering into such an agreement constitutes a waiver of the right to a hearing.

(h)

An appellant who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues raised in the notice of appeal, provided that notice of the hearing was served in accordance with subsection (f) of this section.

(i)

The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence, except that only relevant evidence may be admitted and a decision and order shall not be based solely on hearsay evidence. The scope of the hearing shall be limited to the issues raised in the notice of appeal. The standard of proof to be used by the hearing officer in deciding the issues at the hearing shall be by a preponderance of the evidence, which the city shall bear.

(j)

The hearing officer may render a verbal decision and order at the conclusion of the hearing, provided the appellant is still in attendance, or may issue a written decision and order within fifteen calendar days from the date of the hearing or, if the appeal is decided on written briefs only, fifteen calendar days from the date the last brief was filed.

(k)

The appellant shall be responsible for paying any hearing fee.

(Ord. No. 3680, § 2, 3-26-24)

(a)

A responsible party issued an administrative citation is subject to the following civil penalties:

(1)

$150.00 for committing a code violation for the first time;

(2)

$500.00 for committing the same code violation for the second time in a consecutive twelve month period;

(3)

$1,000.00 for committing the same code violation for the third or subsequent time within twelve consecutive months of the previous code violation.

(b)

All civil penalties imposed shall be payable to the city. Payment in full of the civil penalty shall be remitted in person or postmarked within ten calendar days of the date of service of the administrative citation or issuance of the hearing officer's decision and order or show cause order, as applicable.

(c)

Payment of the civil penalty shall not excuse the failure to correct the code violation, nor shall it bar further enforcement action by the city.

(d)

Nothing in this article shall prevent the city from acting or seeking relief under any other provision of the City Code to penalize or abate a code violation.

(Ord. No. 3680, § 2, 3-26-24)

(a)

The failure of the responsible party to pay the civil penalty pursuant to Section 1-18(b) may result in the imposition of a late fee of $25.00, interest at a rate of 10% per annum and administrative costs of up to 10% of the civil penalties imposed.

(b)

In the event of the failure to pay all civil penalties imposed, or any administrative costs, late fees, interest, or hearing fees, the city manager may refer the matter for collection by whatever means are available to the city and the responsible party shall be responsible for any collection costs the city incurs.

(c)

In the case of a code violation pertaining to real property, the city shall have a lien upon such real property as security for the collection of civil penalties and any administrative costs, late fees, interest, and hearing fees. Assessment thereof shall be in accordance with Section 38-453(b).

(d)

Any action or other process provided by law may be maintained by the city to recover or collect any amounts owing under this article, including civil penalties, administrative costs, late fees, interest, hearing fees and collection costs.

(Ord. No. 3680, § 2, 3-26-24)