BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. SERIES OF 2010 COMMITTEE OF REFERENCE: Greenprint A BILL For an ordinance amending Article IV of Chapter 48 of the Revised Municipal Code of the City and County of Denver regarding illegal dumping and conforming changes to Chapters 12. BE IT ENACTED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER: Section 1. That Section 48-46 of Article IV of Chapter 48 of the Revised Municipal Code shall be amended by deleting the language stricken and adding the language underlined as follows: “Sec. 48-46. Enforcement. (a) The manager of environmental health, the manager of public works, the manager of community planning and development, the manager of aviation, and the director of development services, or any of the authorized representatives of them or any of them, is are hereby empowered to enforce the provisions of this article, including, but not limited to, the power to issue legal process to enforce this article. (b) Charges of violations of the provisions of this article shall may be preferred filed by the manager of environmental health, the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, or any other law enforcement officer of the city in the county court. (c) The authorized representatives of the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, or any of them, are “enforcement officials” who may issue an administrative citation for violation of this article or any order issued pursuant to this article in accordance with article XII of chapter 2 of the code and any implementing regulations. (d) The manager of environmental health or his authorized representatives may issue an administrative citation for violation of this article or any order issued pursuant to this article in accordance with subsections 24-5 (b) through (k) of the code and any implementing regulations.” Section 2. That a new Section 48-47 of Article IV of Chapter 48 of the Revised Municipal 1 S:\Municipal_Operations\ORDINANCE\Berardini\Illegal Dumping Enforcement Ord 06-16-10.doc Code shall be added by adding the language underlined as follows: “Sec. 48-47. Penalties. (a) Each manager and director authorized to enforce the provisions of this article shall coordinate with the manager of public works to establish policies to assist in the assessment of civil penalties for administrative citations issued for illegal dumping or unlawful disposal. (b) Except as provided in subparagraph (d), the penalties assessed for each administrative citation issued for illegal dumping or unlawful disposal, in violation of any provision of this article, shall not exceed the following amounts regardless of the number of violations per citation: (1) First administrative citation: one hundred and fifty dollars ($150.00). (2) Second administrative citation: five hundred dollars ($500.00). (3) Third and each subsequent administrative citation: nine hundred and ninety- nine dollars ($999.00). (c) The penalty for illegal dumping or unlawful disposal of more than ____[volume] of trash, in violation of any provision of this article, shall be assessed in at least the following amount: (1) First administrative citation: five hundred dollars ($500.00). (2) Second administrative citation: seven hundred fifty dollars ($750.00). (3) Third and each subsequent administrative citation: nine hundred and ninety- nine dollars ($999.00). (4) In addition to any other fine or penalty imposed, an order to pay restitution for the cost, if any, of abating illegal dumping or unlawful disposal may be entered. (d) Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city. Section 3. That subsection 12-19 (a) of Article II of Chapter 12 of the Revised Municipal Code shall be amended by deleting the language stricken and adding the language underlined as follows: “Sec. 12-19. Appeals; neighborhood inspection services. “(a) Any property owner or other party subject to a notice of a violation, order, or other citation issued by the neighborhood inspection services division of the community planning and development agency may appeal the notice of violation, order, or citation if such an appeal is expressly authorized by this Code to be brought under this 2 S:\Municipal_Operations\ORDINANCE\Berardini\Illegal Dumping Enforcement Ord 06-16-10.doc 1 section. Under no circumstances shall a decision, determination, requirement, order, 2 citation, permit, or certification made, issued, denied, rescinded, or revoked under the 3 landmark preservation ordinance (chapter 30), solid waste ordinance (chapter 48), the 4 zoning ordinance (chapter 59) or the building code be appealed under this section. 5 Any appeal under this subsection (a) must be brought within ten (10) days of the date 6 of service of the notice of violation, order, or citation.” 7 COMMITTEE APPROVAL DATE: 8 MAYOR-COUNCIL DATE: 9 PASSED BY THE COUNCIL _________________________________________________ 2010 10 ______________________________________________ -PRESIDENT 11 APPROVED: ___________________________________ -MAYOR _________________ 2010 12 ATTEST: _____________________________________ -CLERK AND RECORDER, 13 EX-OFFICIO CLERK OF THE 14 CITY AND COUNTY OF DENVER 15 16 NOTICE PUBLISHED IN THE DAILY JOURNAL ______________ 2010; ______________2010 17 PREPARED BY: Jacqueline H. Berardini, Assistant City Attorney 2010 18 Pursuant to section 13-12, D.R.M.C., this proposed ordinance has been reviewed by the office of the 19 City Attorney. We find no irregularity as to form, and have no legal objection to the proposed 20 ordinance. The proposed ordinance is not submitted to the City Council for approval pursuant to § 21 3.2.6 of the Charter. 22 23 David R. Fine, City Attorney 24 BY: _____________________, ________City Attorney 25 Date: ____________ 26 3 S:\Municipal_Operations\ORDINANCE\Berardini\Illegal Dumping Enforcement Ord 06-16-10.doc