In interpreting and applying the provisions of this zoning code, said provisions shall be held to be the minimum requirements for the promotion of public health, safety, morals, convenience, order, prosperity and general welfare. It is not intended by this zoning code to interfere with or abrogate or annul any easements, covenants or agreements between parties; provided, however, that wherever this zoning code imposes a greater restriction upon the use of buildings or land or upon the location or height of buildings or structures or required larger open spaces about buildings than are imposed or required by other laws, regulations or by easements, covenants or agreements between parties, the provisions of this zoning code shall govern.

(Ord. No. 2001-1215, § 1, 2-26-01)

If any part or parts of this zoning code are for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this zoning code. The city council hereby declares that it would have adopted this zoning code and each part or parts thereof irrespective of the fact that any one (1) part or parts be declared invalid or unconstitutional.

(Ord. No. 2001-1215, § 1, 2-26-01)

A.

All site developments initiated on and after February 26, 2001, shall be reviewed pursuant to the review process and standards set forth in this chapter, as amended by Ordinance 2000, and effective on that date. All site developments submitted for review prior to February 26, 2001, shall be reviewed pursuant to the process and under the criteria set forth in applicable portions of this chapter in force prior to that date. Such prior regulations are continued in force and effect for that limited purpose only. Upon approval or denial of all such remaining applications, the prior regulations shall be deemed repealed. In no event shall any resubmission of an application after its rejection or any development application filed after the effective date of these regulations be reviewed under any such prior regulations.

B.

On the effective date of the enactment of this section (February 26, 2001), there exist within the city numerous preliminary and final site development approvals of various types, including rezoning approvals, planned development approvals, conditional and special use permit approvals, and issued building permits. The council hereby declares that each and every one (1) of said approvals shall be subject to the requirements of this section; provided, however, that for the purpose of measuring the time of expiration of such approvals, each and every such approval shall be deemed to have been issued on the effective date of this section (February 26, 2001). A preexisting conditional use approval shall be considered a special use approval complete with all of the rights, benefits, and limitations as originally issued. It is the intent of this section that such preexisting approvals, issued prior to the effective date of this section, not be deprived of the full benefit of the periods of time granted prior to expiration, all as provided herein.

(Ord. No. 2001-1215, § 1, 2-26-01)

A.

Any person, firm or corporation, partnership, or other entity of whatever description violating any regulation or provision of any of the sections of chapter 26 of this Code of Laws shall be guilty of a violation of said chapter 26, and shall be subject to the enforcement provisions hereof and the penalties provided in section 1-5 of this Code of Laws. Each day such violation continues shall constitute a separate offense.

B.

It shall be unlawful and deemed a violation of this chapter to erect any structure or use any structure or parcel of land, or to make any additions, alterations, deletions, changes, or modifications to any structure or parcel of land, in a manner which is contrary to any one (1) or more of the following:

1.

Any approval, or any condition or stipulation imposed on any approval, of any site development request approved by the body having final approval authority.

2.

Any site development plan, building permit, certificate of occupancy, or thirty-day temporary use permit approved by the community development department.

3.

Any class I floodplain permit or excavation and deposit control permit issued by the community development department.

4.

The conditions of approval of a special use permit.

5.

The uses, conditions, or development standards of an approved outline or specific development plan.

6.

The approved use or activity for which a temporary permit or special use permit has been approved or the continued use of a structure or parcel of land beyond the approved expiration date of a temporary permit or special use permit.

7.

Any provision, requirement, or standard of this chapter.

C.

The director of community development is authorized and directed to make the determination that an activity or use of structures or land is contrary to the foregoing permits, conditions, approvals, provisions, requirements, and standards contained in subsections B.1. through 7., hereof.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1232, § 1, 11-26-01; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No. 1515, § 11, 7-9-12; Ord. No. 1683, § 38, 1-27-20)

A.

Whenever an alleged violation of any of the provisions of chapter 26 has not been voluntarily abated within the time specified in any notice issued pursuant to this Code of Laws, the city may bring a civil action in the municipal court to have the violation declared as such by the court and to have the court enjoin the violation or to authorize its restraint, removal, termination or abatement by the owner, agent, occupant or person who caused the violation or the person who allowed the violation to continue, or by the director of community development, or the chief of police or their designated representatives.

B.

The civil action to declare and abate a violation of this chapter shall be brought in the name of the City of Wheat Ridge by filing a complaint, which shall be verified or supported by an affidavit. Summons and subpoena shall be issued and served as in civil cases. Any employee or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a summons and verified complaint upon the owner, agent, occupant or the person who caused or allowed the violation (hereinafter "respondent") or a subpoena upon any witness to the violation. Trial shall be to the court.

C.

A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty-one (21) days from the date of service of the summons and complaint. The respondent shall file a response or answer on or before the appearance date specified in the notice of appearance. The trial shall be held upon the appearance date, unless the court grants a continuance for good cause shown. No case shall be continued for more than sixty (60) days after the appearance date.

D.

Upon the date and time specified for appearance and trial, if the respondent has filed no response and fails to appear, and if the city proves that proper service was made on respondent at least twenty-one (21) days prior to the appearance date, the court may grant such orders as are requested by the city; except that, the court shall order the enforcement by the city be stayed for ten (10) days and that a copy of the court's order be mailed to the respondent at his last known address. Failure to appear on any date set for hearing and trial shall be grounds for entering a default and default judgment against the non-appearing party. Prior to enforcement, and upon good cause shown, the court may set aside an entry of default and the default judgment entered thereon.

E.

Any disobedience to or interference with any injunction or order issued by the municipal court in an action to abate a violation of this chapter of the Wheat Ridge Code of Laws may be punished as a contempt of court or by a fine not to exceed one thousand dollars ($1,000.00). Each day's failure to comply with an injunction or order to abate shall constitute a separate act of contempt for which an additional penalty may be imposed.

F.

In order to facilitate just, speedy, informal and inexpensive determinations of claims, the court shall follow the Rules of County Court Civil Procedure, as presently adopted and as hereinafter amended from time to time, excepting Rules 302, 313, 338, 339, 347, 348, 350, 351, 351.1, 359(c)(2), 365, 383, 398, 402, 403, 404, and 406 thereof, and shall further utilize and follow the provisions of Rule 65 of the Colorado Rules of Civil Procedure in all cases wherein civil enforcement of the provisions of this chapter is sought. In the event of any discrepancy between any of the provisions of this chapter and those applicable Rules of County Court Civil Procedure or Rule 65 of the Colorado Rules of Civil Procedure adopted hereby, the provisions of this chapter shall prevail and be applied.

The right is expressly reserved and delegated to the presiding judge of the Wheat Ridge Municipal Court to adopt rules of procedure for the Wheat Ridge Municipal Court, which rules shall be applicable in any civil enforcement action brought by the city; provided, however, that said rules of procedure adopted and promulgated by the presiding judge of this court shall not conflict with or contradict the authority of the city to pursue civil endorsement for violations of the provisions of this chapter.

G.

In any case in which the city prevails in a civil action initiated pursuant to subsection A., the city may recover its reasonable costs of abating the violation, including reasonable costs of litigation, plus fifteen (15) percent in administrative costs; plus costs may be assessed against the subject property pursuant to C.R.S. §§ 16-13-313 and 16-13-314. The remedies specified in this subsection shall be in addition to all other remedies provided by law.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, §§ 1, 2, 5-12-03)

When an alleged violation of any of the provisions of this chapter 26, has not been voluntarily abated within the time specified in any notice issued by the city:

A.

The city may bring a criminal action in the municipal court to have the violation declared as such by the court and to have the court impose sentence upon the owner, agent, occupant or person who caused the violation or the person who allowed the violation to continue.

B.

The criminal action to declare a violation of this chapter shall be brought in the name of the People of the State of Colorado by serving a copy of the summons and complaint upon the alleged violator (hereinafter "defendant") and filing the original with the court. Summons and complaint and subpoena shall be served as in criminal actions. Any employee or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a summons and complaint upon the defendant or a subpoena upon any witness to the violation. Such criminal action shall be prosecuted pursuant to the Colorado Municipal Court Rules.

C.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction of such violation, shall be subject to a fine not to exceed one thousand dollars ($1,000.00) or imprisonment not to exceed one hundred eighty (180) days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subject to imprisonment for a violation of this chapter.

(Ord. No. 2001-1215, § 1, 2-26-01)

The remedies set forth in this article are cumulative. In the event any building, structure or utility is erected, constructed, reconstructed, altered, repaired, converted, demolished, moved or maintained, or any building structure or utility is used, in violation of this chapter, the city or any proper city official may institute any other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or occupancy to restrain, correct or abate such violation or to prevent the occupancy of such building, structure or land. The initiation of any action or the imposition of any penalty hereunder shall not preclude the city or any proper person from instituting any other appropriate action or proceeding to require compliance with the provisions of this chapter and with administrative orders and determinations made hereunder.

(Ord. No. 2001-1215, § 1, 2-26-01)