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CHAPTER 9
GENERAL OFFENSES AND NUISANCE CONTROL

ARTICLE 12
MINIMUM BUILDING MAINTENANCE

Section 9-12-1. Title. This ordinance shall be known and cited as the Northglenn Minimum building Maintenance Code.

[Source: Ord. 1093, 1994; 1335, 2003]

Section 9-12-2. Policy. It shall be the policy of the City of Northglenn to insure that the quality of buildings within the City is adequate for the protection of public health, safety and the general welfare. In order to further this policy, the provisions of this article shall apply uniformly to the construction and maintenance of all residential, commercial, industrial and other buildings and shall also apply to the alteration and repair of all existing buildings within the Northglenn City limits.

[Source: Ord. 1093, 1994; 1335, 2003]

Section 9-12-3. Definitions. As used in this ordinance and in the provisions of this Article 12 of the ordinances of the City of Northglenn:

(a)

"Building" -- means and includes any building as that term is defined in Section 11-5-2(B)(15) of the Northglenn Zoning Ordinance.

(b)

"Owner" -- means and includes:

(1)

Any joint or several owners of record for any dwelling, as reflected by the records of the Office of the Clerk and Recorder of the County of Adams, State of Colorado.

(2)

Any registered agent for any owner of record of any dwelling units as defined and controlled by Sections 20-2-1 through 20-2-2 of the Northglenn Municipal Code.

(3)

Any personal representative or fiduciary charged with the administration of an estate which includes a dwelling unit on behalf of the owner of record.

(c)

"Person" -- means and includes:

(1)

For purposes of occupancy of dwelling, any natural person.

(2)

For purposes of ownership of a dwelling, any natural person, partnership, corporation, firm, association or other entity.

(d)

References in the masculine terminology shall include the feminine, and vice-versa.

(e)

References in the singular terminology shall include the plural, and vice-versa.

[Source: Ord. 1093, 1994; 1310, 2002; 1335, 2003]

Section 9-12-4. General Requirements. Every building shall be kept and maintained in good condition and repair, so that:

(a)

All foundations, exterior walls, roofs and all appurtenances thereto shall be substantially weather-tight, water-tight and rodent-proof.

(b)

All exterior surfaces shall be adequately protected from water seepage and / or decay. All exterior painted surfaces shall be in good condition with no cracking or peeling of the paint.

(c)

All windows, exterior doors and basement entryways shall be reasonably weather-tight, water-tight and rodent-proof. All windows shall be intact, free of cracks and not missing any pieces.

(d)

All exterior stairways shall be safe for normal use.

(e)

All runoff from rain, snow or ice shall drain from all roofs and away from all foundations so to avoid dampness in basements, walls, ceilings and floors, and erosion of all exterior walls.

(f)

All exterior doors and windows used for ventilation shall be effectively screened.

[Source: Ord. 1093, 1994; 1310, 2002; 1335, 2003]

Section 9-12-5. Inspections. For the purpose of determining and insuring compliance with this article, any authorized agent or office of the City may make inspections pursuant to the provisions of Section 9-11-5 of the Northglenn Municipal Code. Any Municipal Judge of the Municipal Court of the City shall have power and authority to issue search warrants upon a showing of reasonable cause to believe that a building is in violation of the provisions of this article. It is unlawful for any owner or occupant of a building to refuse entry to the premises by an authorized inspector acting pursuant to a duly issued search warrant.

[Source: Ord. 1093, 1994; 1335, 2003]

Section 9-12-6. Notice of Violation.

(a)

Whenever any authorized agent has discovered conditions at a building which violate the provisions of this article, such agent or officer shall notify the owner or occupant of the age of eighteen (18) years or older, or the agent of such owner as the word agent is defined in section 9-1-1 (2), of such violation in writing and of the need to correct or abate such violation within a reasonable time, but not less than thirty (30) days. The reasonable time to correct or abate the violation shall be thirty (30) days, unless the violation poses an imminent danger to the health, safety or welfare of the occupants or the public, then a shorter time will be required.

(b)

The 30 days notice referred to in subsection (a) of this section shall not be required prior to the issuance of municipal court summons and complaint.

[Source: Ord. 1335, 2003; 1472, 2007]

Section 9-12-7. Service of Notice. The written notice of violation shall be served by the authorized inspector of the City by delivering a copy thereof to the owner or occupant of the age of eighteen (18) years or older of the building described in the notice, and if the building is unoccupied or the owner is a non-resident, then also by mailing a notice to the last known address of the owner as reflected in the Adams County real estate records. Provided, however, if the owner has filed a registration statement with the City as provided by Section 20-2-1 of the Northglenn Municipal Code, then notice shall be sent to the agent designated by the owner.

[Source: Ord. 1093, 1994; 1335, 2003]

Section 9-12-8. Contents of Notice. Any notice issued pursuant to the provisions of this article to the owner, agent, or occupant of a building where a violation has been discovered shall describe the condition or conditions which violate this article; shall provide a reasonable time to correct or abate the noncomplying condition; and shall state that the owner, agent or occupant may protest the findings of the notice by filing a written protest with the City Clerk within the time period stated in the notice.

[Source: Ord. 1093, 1994; 1335, 2003]

Section 9-12-9. Protests to the City Manager. Any person affected by a notice issued under this article who is aggrieved thereby, and who believes the same to be factually or legally contrary to the Northglenn Municipal Code, may protest the notice by filing a written protest in the office of the City Clerk. Upon receipt of such protest, the City Clerk shall forward same to the City Manager. The City Manager or a hearing officer appointed by the City Manager shall schedule a hearing on the protest. Such hearing shall occur no later than ten (10) working days following the filing of the protest and shall be conducted pursuant to section 3-7-1, et. seq. of this Municipal Code relating to judicial proceedings.

[Source: Ord. 1093, 1994; 1335, 2003]

Section 9-12-10. Recording Notices. The City Clerk may cause a copy of the notice of violations under this article to be recorded with the Adams or Weld County Clerk and Recorder's Office. When the owner, occupant or agent has corrected or abated the condition or conditions that were the basis of such notice, the City Clerk shall cause a release of such notice to be recorded with the Adams or Weld County Clerk and Recorder's office.

[Source: Ord. 1093, 1994; 1335, 2003]

Section 9-12-11. Penalties. In addition to any other remedies set forth above, violations of the requirements of this Chapter are unlawful and shall be punishable in accordance with Section 1-1-10 of this Municipal Code.

[Source: Ord. 1310, 2002; 1335, 2003]

Section 9-12-12. Severability Clause. If any provision of this article, or the application thereof to any person or circumstances, is held invalid, such invalidation shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end, the provisions of this article are declared to be severable.

[Source: Ord. 1093, 1994; 1335, 2003]