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O-2002-37
AN ORDINANCE
AMENDING SECTIONS 10.33.070, 10.66.290, 10.66.300, 10.66.310, 10.66.320 AND 10.66.330 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE PROHIBITION OF PARKING OF CERTAIN TYPES OF VEHICLES IN THE PUBLIC RIGHT OF WAY
WHEREAS, the City of Lakewood has previously adopted an ordinance prohibiting the parking of certain types of vehicles in the public right of way in residential zone districts; and
WHEREAS, it is necessary to amend the ordinance to clarify certain provisions and to eliminate the variance process set forth in the ordinance.
NOW, THEREFORE, BE IT ORDAINED By The City Council of The City of Lakewood, Colorado, That:
SECTION 1. Section 10.33.070 of the Lakewood Municipal Code is hereby amended to read as follows:
10.33.070 Parking of certain types of vehicles prohibited.
A. It is unlawful for any person to park any of the following vehicles on the public right-of-way adjacent to any lot in any zoned residential district, except when said vehicle is being used to render services to a property located within two hundred feet of where the prohibited vehicle is parked:
1. Commercial vehicle,
2. Truck exceeding six thousand pounds empty weight,
3. Travel trailer or Motor Home over twenty-five feet in length,
4. Motor vehicle exceeding twenty-five feet in length,
5. A combination of a travel trailer and motor vehicle exceeding twenty-five feet in length or eight feet in width.
B. It is unlawful for any person to park the following vehicles for a period of time longer than six hours during any day on a public right-of-way adjacent to any lot in any zoned residential district, except when said vehicle is being used to render services to a property located within two hundred feet of where the prohibited vehicle is parked:
1. Any trailer,
2. Vessel,
3. Any vehicle which is not self-propelled
This subsection shall not prohibit the parking of travel trailers and motor homes that are under twenty-five feet in length.
C. This section shall be enforced by the Director of Community Planning & Development or his designee as set forth in Sections 10.66.290 through 10.66.330 of this Title. In the alternative, the Director or his designee shall have the authority to issue a municipal summons to enforce this section 10.33.070. When enforced in municipal court, any person who violates any provision of this section commits a Class 4 traffic offense.
D. For the purpose of this section commercial vehicle shall be defined as follows: Any truck tractor, dump truck, semi-trailer, commercial trailer, tow truck or vehicle equipped to provide towing services, bus or vehicle with an empty weight of six thousand pounds or greater or any vehicle, regardless of weight, which is used, or normally associated with, the transportation of materials, products, freight, other vehicles, or equipment in furtherance of any commercial activity or is used "for hire" except that any passenger vehicle designed to transport no more than nine persons or any pickup truck or van not exceeding twenty-two feet in length shall not be considered commercial vehicles.
SECTION 2. Section 10.66.290 of the Lakewood Municipal Code is hereby amended to read as follows:
10.66.290 Administrative abatement authorized - Parking of prohibited vehicles and vessels.
A. The Code Enforcement Section of Community Planning & Development shall enforce Section 10.33.070 of this Title by periodically inspecting the city for prohibited vehicles or vessels on the street or in the public right-of-way and shall cause notice to be issued and served upon the owner directing him to immediately remove the vehicle or vessel from the street or public right-of-way. The code enforcement officers shall be considered peace officers within the meaning of Lakewood Municipal Code Section 1.04.010 for the purpose of such enforcement action.
B. The administrative abatement procedure herein shall be followed for the abatement of any violation of Section 10.33.070 of this Title. The abatement procedure shall commence seven days from the postmark date on the notice sent by certified mail to the owner of the vehicle or vessel, if the owner is known, or seven days from the date of the notice posted on the vehicle or vessel where the owner is not known. Additional time for removal of the vehicle or vessel may be granted at the discretion of the Code enforcement staff if the owner provides substantial evidence that compliance cannot reasonably be made within seven days or that a good faith attempt at compliance is being made.
SECTION 3. Section 10.66.300 of the Lakewood Municipal Code is hereby amended to read as follows:
10.66.300 Notice of abatement.
A. The notice to abate shall be in writing signed by the Code enforcement
officer. Where the owner of the vehicle or vessel cannot be determined, the
notice shall be served by leaving a copy of the notice conspicuously posted
upon and affixed securely to the vehicle or vessel. Where the owner is known,
notice shall be served by leaving a copy of the notice conspicuously posted
upon and affixed securely to the vehicle or vessel, and by mailing a copy of
the notice by certified mail, return receipt requested, to the owner at his
last known address from information received from the Department of Motor Vehicles.
B. The notice referred to in subsection (A) above shall describe the violation, the location of the violation, and direct the owner to immediately remove the vehicle or vessel from the street or public right-of-way. The notice shall also state that if the owner fails or refuses to remove the vehicle or vessel the Code enforcement officer is authorized to cause the vehicle or vessel to be removed by the city and the owner shall be responsible for all costs associated with such removal plus an administrative fee of at least $100 one hundred dollars. The notice shall also state that the owner may make written demand to the Director of Community Planning & Development for an administrative abatement hearing before a hearing officer. Such written demand shall be made within seven days of the date the notice was posted. The notice shall state that any written demand for a hearing must include the owner's current address and a telephone number where he can be reached between the hours of eight a.m. and five p.m. Monday through Friday. Written demand for a hearing shall be sent to the Director of Community Planning & Development, City of Lakewood, Civic Center North, 480 South Allison Parkway, Lakewood, Colorado 80226-3127.
SECTION 4. Section 10.66.310 of the Lakewood Municipal Code is hereby amended to read as follows:
10.66.310 Administrative abatement procedure - Hearing.
A. If the owner fails or refuses to remove the vehicle or vessel from the street or public right-of-way and fails to make written demand as set out herein, the code enforcement officer shall cause the vehicle or vessel to be removed by the city and costs associated with such removal, including an administrative fee of at least $100 one hundred dollars, shall be charged to the owner thereof.
B. An administrative abatement hearing will be scheduled within 10 days of receipt of a written demand by the owner for such hearing. Notice of the hearing date and location shall be mailed to the owner at the address listed in the written demand for a hearing.
C. At the hearing referred to in subsection (B) above the hearing officer shall hear such statements and consider such evidence as the Code enforcement officers, the owner of the vehicle or vessel, or any other witness shall offer relevant to the violation. The hearing officer shall make findings of fact from the statements and evidence offered as to whether a violation exists and whether the vehicle or vessel shall be removed and all costs associated with such removal charged to the owner thereof. If the hearing officer determines the violation exists and the vehicle or vessel shall be removed, an order shall be issued based on the findings of fact directing the owner of the vehicle or vessel to remove it from the street or public right-of-way within 30 days.
D. If an order issued by the hearing officer has not been complied with within thirty days after its issuance, the code enforcement officer may cause the vehicle to be removed by the city and all costs associated with such removal shall be charged to the owner thereof in addition to an administrative fee of at least $100 one hundred dollars.
E. Any owner who fails to comply with such an order shall be charged with all administrative costs and expenses incurred in the removal of the vehicle or vessel. Such administrative costs shall include costs of removal, inspection fees, postal charges, attorney fees to enforce or collect such costs, legal expenses, and any other costs or expenses incurred by the city as a result of the enforcement of this article.
SECTION 5. Section 10.66.320 of the Lakewood Municipal Code is hereby amended to read as follows:
10.66.320 Collection of costs.
The manner of collection of administrative costs incurred by the city in removing a vehicle or vessel from a street or public right-of-way shall be left to the discretion of the Director of Community Planning & Development.
SECTION 6. Section 10.66.330 of the Lakewood Municipal Code is hereby amended to read as follows:
10.66.330 Voluntary agreement.
An owner of a vehicle or vessel in violation of Section 10.33.070 of this code may enter into a written agreement with the city, through the Director or his designee, to have the city remove the vehicle or vessel and charge all the costs of removal to the property owner to be paid in full by a date certain. The execution of such an agreement shall be at the sole discretion of the city.
SECTION 7. Section 10.66.340 of the Lakewood Municipal Code is hereby deleted.
SECTION 8. Section 10.66.350 of the Lakewood Municipal Code is hereby deleted.
SECTION 9. Section 10.66.360 of the Lakewood Municipal Code is hereby deleted.
SECTION 10. Effective date. This ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 14th day of October, 2002; published in full in the Lakewood Sentinel on the 17th day of October, 2002; set for public hearing on the 28th day of October, 2002; read, finally passed and adopted by the City Council on the 28th day of October, 2002; and signed and approved by the Mayor on the 29th day of October, 2002.
Stephen A. Burkholder, Mayor
ATTESTED AND CERTIFIED:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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