1. Property Standards
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8-1-1: GENERAL INTENT
8-1-4: COMPOST PILES
8-1-6: ESTABLISHMENT OF DUMPING GROUNDS
8-1-7: GARAGE SALES
8-1-8: GENERAL PROPERTY STANDARDS
8-1-11: HOUSEHOLD TRASH, JUNK OR DEBRIS
8-1-12: PROHIBITED VEHICLES/VEHICLE ACCESSORIES
8-1-13: PLANT MATERIALS
8-1-14: OPEN WELLS, CISTERNS, AND EXCAVATIONS
8-1-1: GENERAL INTENT: (3338) This Chapter has been enacted to preserve and enhance existing neighborhoods, commercial areas, businesses and the community at-large by regulating and controlling the use and maintenance of all properties within the City of Westminster. The requirements of this Chapter are intended to provide the minimum standards applicable to all properties within the City of Westminster; additional requirements for specific properties may exist, including, but not limited to, the Rental Property Maintenance Code (Title XI, Chapter 12 of this Code.)
8-1-2: INTERPRETATION: Whenever the requirements of this Chapter are at variance with any applicable development plans and restrictions including, but not limited to, zoning district restrictions, Planned Unit Development restrictions, the contents of any Preliminary Development Plan, Official Development Plan, or Final Plat, the applicable development plan and restriction shall govern. Whenever the requirements of this Chapter are at variance with any other provision of this Code the more restrictive, or that imposing the higher standards, shall govern.
8-1-3: DEFINITIONS: When used in this Chapter, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows:
BACKYARD: That portion of a lot between the back line of the structure and extending to the back property line.
BUILDING/GARAGE: A building shall consist of four solid walls and a roof, meet all City building codes and effectively shield its contents from the view of the public.
CODE ENFORCEMENT OFFICER: An employee or agent of the City authorized to enforce applicable provisions of the Code.
FRONT YARD: That portion of a lot between the front line of the structure and extending to the front property line.
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PERSON: The person or entity who has violated the Code or, in the case of property violations, it may also be the property owner, the occupant, or an individual or an entity who, acting as an agent for or in any other legal capacity on behalf of the owner, has authority over property subject to this Code.
PREMISES: Any lot, grounds, site, property, plot or parcel of land including any structures or buildings thereon.
SIDEYARD: That portion of a lot between the back line and the front line of the structure.
STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
VEHICLE: Shall mean any device that is propelled or drawn on land by an engine, motor, or machinery, including automobiles, trucks, buses, motorcycles, motor homes, camping trailers, motorized campers, tractors, trailers and trains. For the purposes of this Section, this term does not include any device customarily moved by human muscular power or those whose primary purpose is for recreation, such as bicycles, ski-doos, snowmobiles, mopeds, dirt bikes, all-terrain vehicles, canoes, boats and go-carts.
8-1-4: COMPOST PILES:
(A) Household TRASH: It shall be unlawful for a person to compost household trash.
(B) Yard waste: It shall be unlawful for a person to compost yard wastes except in a compost holding unit that:
1. Shall not exceed five (5) feet in any dimension;
2. Shall be constructed of wood, wire, metal, or plastic, excluding plastic bags;
3. May be a stationary or rotating unit;
4. Shall be located in the backyard, and shall be screened or fenced so that it is not visible from a public right-of-way;
5. Shall be maintained to minimize odors;
6. Shall not be allowed to attract rodents or to become a health or safety hazard; and
7. Shall be located a minimum of three (3) feet from any adjoining property line.
(A) Dumpsters/roll-offs: It shall be unlawful for a person in a one or two-family dwelling to maintain trash dumpsters one (1) cubic yard or larger without prior written authorization from a Code Enforcement Officer. Persons storing or placing trash in a dumpster or roll-off shall do so in such a manner as to prevent the trash from being strewn or scattered. This Section shall not apply to one and two-family dwellings that have a valid building permit issued by the City of Westminster Building Division.
(B) Movable crate/storage unit: These units are defined as receptacles, used for temporary storage, which are designed to be moved from one location to another. It shall be unlawful for a person to maintain a movable crate/storage unit on a premises for a period of time exceeding thirty (30) days without prior written authorization from a Code Enforcement Officer.
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(C) Outdoor refrigerator, freezer or self-locking container: It shall be unlawful for any person to permit to remain outside of a building/garage any icebox, refrigerator, freezer, or self-locking container.
8-1-6: ESTABLISHMENT OF DUMPING GROUNDS: The City Manager is authorized and empowered to establish within or without the City Limits a dumping ground for the use of the City, its employees and agents.
8-1-7: GARAGE SALES: Garage sales are defined as any type of sales activity including, but not limited to, neighborhood or block sales, yard sales, estate sales, craft sales, rummage sales or clothing sales.
(A) Duration: It shall be unlawful for a person to conduct a garage sale for a period of time exceeding three (3) consecutive days in duration.
(B) Frequency: It shall be unlawful for a person to conduct more than one garage sale in any ninety (90) day period.
8-1-8: GENERAL PROPERTY STANDARDS: It shall be unlawful for a person to maintain a premises except in compliance with the following requirements:
(A) Exterior Maintenance:
1. The exterior finish of all structures shall be maintained in good repair, free of defect and shall be maintained prior to a time when that finish has substantially deteriorated. The exterior finish must consist of materials commonly used and meeting industry standards of acceptable construction.
2. All architectural projections such as cornices, moldings, lintels, sills and similar projections shall be maintained in good repair and free of defects.
3. All chimneys, vents, gutters, downspouts, light fixtures, roofing or building accessories shall be structurally sound, in good repair and shall be properly secured to an exterior wall or roof.
(B) Windows and doors: Windows and exterior glazing shall be sound, free from cracks and loose and broken glass and be capable of being secured in a closed position. Doors and windows shall be maintained weather tight, watertight and rodent proof. All screening and awnings shall be maintained in good repair and free from tears, holes, or other imperfections.
(C) Fences and retaining walls: All fences and retaining walls shall be in good repair, be structurally sound, in an upright position, and the exterior finish in good repair and free of defect. If the fencing contains slats, all slats must be present and complete in length.
(D) Landscaping: All landscape areas shall be maintained in compliance with the provisions of Westminster Municipal Code Title XI Chapter 7 Site Development Standards as amended.
(E) Auxiliary Structures: All auxiliary structures shall be maintained in a state of good repair or removed from the site. Such structures shall include, but not be limited to, tree houses, club houses, well houses, carports, garages, and miscellaneous sheds or structures. These structures shall be constructed of materials consistent for the use of the structure, and shall be structurally sound. Temporary tents/canopies and skateboard ramps shall be restricted to a backyard.
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(F) PARKING LOTS: The parking lot(s) of commercial establishments or multi-family buildings shall be kept free from potholes, cracks or other deterioration. No dirt, grass or sod parking areas are allowed. All striping and signage, including, but not limited to, parking signage and fire lane or access signage shall be maintained in good condition and clearly legible.
8-1-9: GRAFFITI: Graffiti is defined as a message, symbol, inscription or drawing painted, scratched or written on any surface. It shall be unlawful for any person to fail to remove or eradicate graffiti from a premises within seven (7) days of defacement. The term “graffiti” does not apply to legally permitted signage.
(A) Removal of Snow or Ice: It shall be unlawful for any person to allow snow or ice to remain on any sidewalk open to the public and abutting or adjoining the property controlled, owned or occupied by such person after twenty-four (24) hours of the last measurable snow fall or snow drift.
(B) Obstructions: It shall be unlawful for any person to allow obstructions to remain on any sidewalk, curb or gutter open to the public and abutting or adjoining the property controlled, owned or occupied by such person. For purposes of this Section, obstructions include, but are not limited to, piles of materials, vegetation, weeds, portable basketball hoops, structures, or any other physical object located within the width of the sidewalk, curb or gutter or obstructions located less than seven (7) feet above the sidewalk. An exception is made for lawfully parked motor vehicles.
(C) Civil Liability: Any person who controls, owns or occupies property that abuts or adjoins any sidewalk open to the public owes a duty to all persons using such sidewalk to comply with the provisions of this Chapter. Any person injured by the breach of such duty shall have a cause of action for damages against the person who failed to comply with such duty, it being the express intent of this Section to impose civil liability on private property owners for injuries incurred on public sidewalks within the City as a result of a failure by any such private property owner to comply with this Chapter.
8-1-11: HOUSEHOLD TRASH, JUNK OR DEBRIS:
1. Household trash is defined to include, but is not limited to, items such as rubbish, trash, waste, refuse, paper, tin cans, bottles, glass, containers, rags, ashes, bones, cloth, or other materials common to household use or objects which may become a breeding place for flies, mosquitoes, or vermin, or which give off unpleasant odors.
2. Junk or debris shall mean any material or object, used or new, which is not presently useable or designed to be used in their existing condition or location such as scrap metals, rubber pieces, rope, asphalt, concrete, plaster, tile, bricks, crates, cartons, barrels, boxes, tree limbs, leaves, dead plants and trees, trimmings from plants and trees, grass clippings, tools, fixtures, utensils, lumber, pipe and pipe fittings, machinery or parts thereof, appliances, vending machines, furniture, motor vehicle parts or tires, or any waste material from the premises, including building materials for or produced from remodeling or construction, and material.
(B) Household trash containers: It shall be unlawful for a person to maintain household trash at a premises except in compliance with the following requirements:
1. All household trash shall be stored wholly-contained and enclosed in a liquid-tight container having a tight-fitting cover.
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2. Household trash containers stored outside prior to trash removal service shall be limited to eight (8) in number, and cannot be stored in a front yard, a sideyard facing the street or a backyard facing a street.
3. There is no restriction to the number of household trash containers when placed out for household trash removal, provided the containers are put out no sooner than twenty-four (24) hours prior to scheduled trash removal service. Plastic bags or cardboard boxes are deemed suitable containers only for the purpose of placing household trash out the day of trash removal service. Household trash containers must be returned to their permissible storage area within twenty-four (24) hours after the scheduled trash removal service.
(C) Keeping of junk or debris: It shall be unlawful for any person to cause, maintain or permit to remain, or store, keep or allow to be stored or kept, any junk or debris on any lot or parcel of land unless such junk or debris is kept in a building/garage, except junk or debris may be stored for a period of time not to exceed fourteen (14) days in/on a trailer or in a truck bed, fully covered and secured.
(D) Unlawful dumping: It shall be unlawful for any person to place trash or junk in any trash receptacle located on private property which he does not own or have the legal right to possess, unless the person has written permission from the owner or lessee of the property.
8-1-12: PROHIBITED VEHICLES/VEHICLE ACCESSORIES:
(A) Prohibited vehicleS:
1. It shall be unlawful to store or keep or permit to be stored or kept any vehicle, or parts thereof, that are inoperable or obviously not in a roadworthy condition, including a vehicle with a flat tire or tires, excessively leaking fluids, broken, damaged or missing head lamps, tail lamps, blinkers, windshield, rear window, windshield wipers, or not bearing proper and current registration plates unless such vehicle is stored in a building/garage.
2. It shall be unlawful for vehicles on any City street or roadway bearing proper and current license plates to remain stationary or unused for more than (15) fifteen consecutive days.
(B) Recreational use vehicles:
1. Shall be defined as a motorized or non-motorized device designed for recreational purposes such as, but not limited to ski-doos, snowmobiles, mopeds, dirt bikes, all-terrain vehicles, canoes, boats and go-carts.
2. It shall be unlawful to store recreational use vehicles unless said vehicles are visibly operable, and are stored in a backyard not facing a street, in a building/garage, or on a trailer which bears proper and current license plates.
(C) Camper, camper shell or truck bed topper:
1. Shall be defined as any non-wheeled, detachable piece of vehicular equipment, which has no independent motor power and which is capable of being placed on a vehicle, but which is not capable of being towed.
2. It shall be unlawful for a person to store an un-mounted camper, camper shell or truck bed topper unless such items are stored in a backyard not facing a street, in a building/garage, or in a sideyard not facing a street that is paved with concrete or asphalt or is solidly rocked or graveled.
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8-1-13: PLANT MATERIALS:
1. Shall be defined as any useless, troublesome or injurious plant, including all vegetation which has grown to maturity or to a height in excess of twelve (12) inches, but shall not include flower gardens, shrubbery, vegetable gardens, small grain plots and pastures used for feed, fodder or forage, provided the same are adequately weeded and maintained.
2. It shall be unlawful for any person to cause, maintain, or permit to remain on any premises, excluding open space property owned by the City, a County, or other public entity any accumulation of weeds on any premises, on or along the sidewalk, street, or alley adjacent to any premises, or between the property line and the curb or middle of the alley, or for ten (10) feet outside the property line if there is no curb.
(B) Noxious Plants:
1. Shall be defined as any plant species designated or identified as noxious weeds pursuant to Colorado Revised Statute (2006), Title 35, Article 5.5, as amended.
2. It shall be unlawful for any person to cause, maintain, or permit to remain any noxious plant regardless of condition of said plant.
1. Shall be defined as a grouping of grasses that grow in very close proximity to form a living surface at the ground plane. Turf is generally an area of the ground plane intended to be/or could be walked on and when regularly mowed, forms a dense growth of leaf blades and root.
2. It shall be unlawful for any person to cause, maintain, or permit to remain any turf in excess of six (6) inches in height.
(D) It shall be unlawful for any person to cause, maintain, or permit to remain any plant material, including trees, shrubs, groundcovers, vines and turf that does not have a one hundred percent (100%) ongoing survival rate.
8-1-14: OPEN WELLS, CISTERNS, AND EXCAVATIONS: It shall be unlawful for any person to cause, maintain, or permit to remain on any premises any excavation exceeding five (5) feet in depth, or any cistern, well or other excavation used for storage of water unless they are adequately covered with a locked lid or other covering weighing at least sixty (60) pounds, or are enclosed with a continuous secured fence to a height of at least five (5) feet. This Section shall not apply to an active construction project.
(A) It shall be unlawful for any person, by using or threatening to use, violence, force, or physical interference, or obstacle, to knowingly obstruct, impair, or hinder a Code Enforcement Officer or Peace Officer in the discharge of the duties as herein prescribed.
(B) It is no defense to a prosecution under this Section that the Code Enforcement Officer or Peace Officer was acting in an illegal manner, if the officer was acting in the regular course of assigned duties and in good faith based upon surrounding facts and circumstances.
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(C) It shall be unlawful for any person to refuse to reveal his/her correct name, address, and date of birth when requested to do so by a Code Enforcement Officer or Peace Officer engaged in any of the duties prescribed herein.
(A) Violation: Any person found guilty of violating any of the provisions of this Chapter shall, upon conviction thereof, be punished by a fine pursuant to Section 1-8-1 of this Code. Each day that a violation of any of the provisions of this Chapter continues to exist shall be deemed to be a separate and distinct violation.
(B) Public nuisance: The condition of any real property in violation of Sections 8-1-4 through 8-1-14 is hereby declared to be a public nuisance which may be abated pursuant to the provisions for the abatement of nuisances established in this Code.
(C) Summary abatement:
1. The follow violations of this Chapter may be summarily abated:
a. If a person fails to maintain any icebox, refrigerator, freezer or self-locking container as required by this Chapter;
b. If a person fails, neglects or refuses to remove snow or ice from any public sidewalk as required by this Chapter;
c. If a person fails, neglects or refuses to remove an obstruction from any sidewalk, curb or gutter as required this by Chapter; and
d. If a person fails to maintain plant materials as required by this Chapter.
2. In the event that the provisions of this Chapter which may be summarily abated are violated, the City Manager or his representative may cause notice requiring compliance with the provisions of this Chapter to be served to a responsible party, either personally or by mail, or by posting of the property. Posting of the property shall be by a sign not less than eight and one half (8 1/2) inches by eleven (11) inches with letters not less than one-fourth (1/4) inch in height. Posting or written notice served personally or by mail upon a responsible party shall be deemed to comply with the notice provisions of this Chapter. In the case of violations occurring on private property where the owner of such property is a responsible party, the notice by mail shall be sent to the address shown in the county assessor records for the county in which the property is located. In the case of violations occurring on property for which the responsible party is not the owner, the notice by mail shall be sent to the most recent mailing address available to the City for that responsible party. In any case, the posting of such property by the City shall be deemed adequate notice. Notice shall be effective upon personal service or posting, or if by mail, upon the fifth day after mailing of the notice.
If the responsible party upon whom said notice is served fails, neglects, or refuses to timely correct the violation within the deadline stated in said notice, the City Manager or his representative may cause the necessary work to be performed at the expense of such responsible party, and the cost of such abatement shall be a first and prior lien on the property as provided by Title I, Chapter 31 of this Code, and may be assessed and collected pursuant to Section 8-4-5 of this Code.
3. Notwithstanding any other provision of this Chapter, trash or junk may be summarily abated from public property without notice or judicial procedure.