HomeMy WebLinkAboutORDINANCE 08-08a C
ORDINANCE NO.08-08
AN ORDINANCE DECLARING THE FAILURE TO MITIGATE THE INFESTATION OF
BEETLES WITHIN THE TOWN OF ESTES PARK AS NUISANCES AND PROVIDING
FOR THE ABATEMENT OF SAID NUISANCES
WHEREAS,the presence of beetles and beetle infested trees presents a real
and substantial risk to the health of the lodgepole,spruce and ponderosa pine forests
located in and around the Town;and
WHEREAS,the presence of mountain pine beetles and beetle infested trees
within the Town is predicted to result in mortality rates of 100%of infested lodgepole
pines and 60%of infested ponderosa pine if left unmitigated;and
WHEREAS,the presence of the spruce ips beetle and beetle infested trees
presents a real and substantial risk to the health of the spruce forest located in and
around the Town;and
WHEREAS,the presence of the douglas fir beetle and beetle infested trees
presents a real and substantial risk to the health of the douglas fir forest located in and
around the Town;and
WHEREAS,the presence of beetle infested trees within the Town also presents
a real and substantial risk to the public health,safety and welfare in the form of an
increased risk of a rapidly spreading fire,and a significant threat to the aesthetic values
which are of great importance to the social and economic vitality of the Town;and
WHEREAS,there exists a growing beetle epidemic within the Town which
threatens our community and its valuable natural and scenic resources,and
WHEREAS,there exists an urgent need for a Town-wide policy to effectively
manage the existing and future threats to public and private property caused by the
beetles,and the provisions of this Ordinance reflect such a policy;and
WHEREAS,Section 31-15-401 (1)(c)C.R.S.provides that the Town of Estes
Park may declare what is a nuisance,abate the same,and impose fines upon parties
who may create such nuisance or fail to abate such nuisance;and
WHEREAS,Section 31-20-105 C.R.S.provides that the Town of Estes Park,by
ordinance,may cause any and all delinquent charges made or levied to be certified to
the Treasurer of Larimer County and be collected and paid over by the Treasurer of
Larimer County in the same manner as taxes;and
WHEREAS,the provisions of this Ordinance are necessary in order to protect
the public health,safety and welfare;and
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WHEREAS,the inspection provisions contained in this Ordinance are necessary
in the interest of public safety within the meaning of Rule 241 (b)(2)of the Colorado
Municipal Court Rules of Procedure.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO.
Section 1:The Municipal Code of the Town of Estes Park shall be amended by
the addition of Chapter 8.05 entitled “Beetle Infested Trees”as follows:
8.05 Beetle Infested Trees
8.05.010 Definitions:In this chapter,include the following words shall have the
following meanings,unless the context clearly requires otherwise:
“Infested Tree”means (i)a tree alive or dead,which is infested
with the mountain pine beetle,spruce ips
beetle,and/or douglas fir beetle;and (H)any
species or variety of tree that is dead or
substantially dead,and all deadwood to which
the bark is still attached which,because of
their condition,may serve as a breeding place
for the mountain pine beetle,spruce ips beetle,
and/or douglas fir beetle.
“Destruction”means cutting and chipping an infested tree;or
other method of disposing of an infested tree
approved by the Director.
“Director”means the Public Works Director of the Town
or his/her designated agent(s).
“Mountain Pine Beetle”means the species Dendroctonus ponderosae.
“Spruce 1ps Beetle”means the species ips hunter and ips pilifrons.
“Douglas Fir Beetle”means the species dendroctonus
pseudotsugae.
“Occupant”means any person in physical possession of
any Lot,tract or parcel of real property located
within the corporate limits of the Town who is
not the owner of such property.For the
purposes of this chapter,“occupant”does not
include the owner of an easement or right-of
way across property.
“Owner”or “landowner”means any person who owns any lot,tract or
parcel of real property located within the
corporate limits of the Town.
C‘Person’means an individual,association,partnership,
corporation or other legal entity.
“Property’means any lot,tract or parcel of real property
located within the corporate limits of the Town.
8.05.020 Dutyof Landowner and Occupant to Permit Inspection:
An owner or occupant whose property may have located on it one more infested
tree(s)shall allow the Director to enter such property for the purpose of immediate
inspection of the trees located upon such property when at least one of the following
events has occurred:
A.The owner or occupant has requested the inspection;
B,A neighboring landowner or occupant has reported a suspected infested tree
and requested an inspection;or
C.The Director has made a visual observation from a public right-of-way or area
and has reason to believe that infested tree or trees exist on the property of
the owner or occupant.
8.05.030 Inspection for Infested Trees:
A.Subject to the requirements and limitations of this section,the Director shall
have the right to enter upon any property,whether public or private,during
reasonable hours for the purpose of inspecting for the existence of an
infested tree when at least one of the three events described in Section
8.05.020 has occurred.However,no agent or employee of the Town shall
enter upon any property to inspect for an infested tree without the permission
of the owner or occupant,or without an inspection warrant issued pursuant to
this section.
B.If verbal permission to inspect the property from the affected owner or
occupant is not obtained,the Town shall send written notice to the landowner
and any occupant of the property advising that the Director desires to inspect
the property for an infested tree.The notice shall be sent by certified mail.
The notice may be sent to the landowner at the address to which tax notices
are sent according to the records of the Larimer County treasurer and to the
occupant at the property address.Alternatively,the Director may personally
serve such notice upon the affected owner or occupant.Where possible,
inspections shall be scheduled and conducted with the concurrence of the
owner or occupant.
C.If permission to enter upon and inspect the property is not obtained within 10
days after the notice described in subsection B of this section has been
received,or within 10 days of date of service if the notice is personally
served,the Director may request that an inspection warrant be issued by the
Municipal Court.The Municipal Court Judge shall issue an inspection
warrant upon presentation by the Director of an affidavit satisfying the
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2requirements of Rule 241 (b)(2)of the Colorado Municipal Court Rules of
Procedure.The municipal court judge may issue an area-wide inspection
warrant pursuant to this section unless otherwise prohibited by law.
D.In case of an emergency involving imminent danger to public health,safety or
welfare,the Director may enter the property to conduct an emergency
inspection without awarrant and without complying with the requirement of
this section.
8.05.040 Notice of Infestation and Removal:
A.If the Director determines that property contains one or more infested tree(s),
the Director shall notify the owner and any occupant of the property.Such
notice shall be given either by certified mail or personal delivery.
B.The notice shall:
1.advise the owner and occupant that the property contains one or more
infested trees;
2.advise the owner and occupant of Town-approved methods for the
removal and destruction of infested trees;and
3.advise the owner and occupant that all infested trees must be removed
within 10 days following receipt of the notice,or that an acceptable plan
and schedule for removal of the infested trees must be submitted to the
Director within such 10 day period.
8.05.050 Abatement Order:
A.In the event the owner fails to comply with the Director’s notice as described
in Chapter 8.05.040 by removing the infested trees or submitting an
acceptable schedule for such removal within the applicable 10 day period,the
Town has the authority to provide for and complete the removal by obtaining
and acting on an abatement order.
B.Upon the expiration of the period of notice,or at any time thereafter if the
required action has not taken place,the Town may apply to the municipal
court for an abatement order.
C.An application for an abatement order shall be accompanied by an affidavit
affirming that:
1.the Director has determined that the subject property has one or more
infested trees;
2.the Director has complied with the notice requirements of Chapter
8.05.040;and
3.the owner has failed to remove the infested trees,has failed to submit an
acceptable plan for removal of the infested trees within the required time,
or has failed to remove the infested trees pursuant to the accepted plan.
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D.The 1 own shall give notice to the owner and any occupant of the property of
its application for an abatement order either by certified mail or by personal
service of the notice.
E.The notice of application for an abatement order shall include a copy of the
Town’s application and its affidavit in support thereof,as well as the date,
time,and place at which the Town will appear before the Municipal Court to
request entry of the abatement order.
F.At the stated time,date,and place,the Municipal Court Judge shall review
the Town’s application for an abatement order,the affidavit,any statement of
the Town offered in support thereof,as well as any statement and evidence
presented by the owner or occupant,if present.
G.The Municipal Court Judge shall issue an abatement order if:
1.the subject property has one or more infested trees;
2.the Director has complied with the notice requirements of Chapter
8.05.040;and
3.the owner has failed to remove the infested trees,has failed to submit an
acceptable plan and schedule for removal of the infested trees within the
required time,or has failed to remove the infested trees pursuant to the
accepted plan.
H.An owner is responsible under this chapter for any infested trees permitted to
remain on the owner’s property after the Director has given notice of a
violation pursuant to Chapter 8.05.040.
I.In case of an emergency involving imminent danger to public health,safety or
welfare,the Town may authorize immediate removal of any infested tree
without notice or an abatement order.
J.The Town may pursue the remedies set forth in this section with or without
filing a complaint in the Municipal Court,at the Town’s sole discretion.
K.The owner shall be assessed twice the whole cost of removal of the infested
trees from the property,including administrative fees,incurred by the Town.
If all of the costs and charges incurred by the Town are not paid within 30
days of the date of the assessment,the unpaid costs shall be certified to the
Larimer County Treasurer for collection in the same manner as real property
taxes.
8.05.060 Unlawful Acts:
A.It shall be unlawful and a violation of the Municipal Code for any owner to fail
or refuse to remove all infested trees from their property within the time
period provided for in a notice of violation sent by the Director pursuant to
section 8.05.040 of this section.
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B.It shall be unlawful and a violation of the Municipal Code for any owner or
occupant to deny the Director access to the property owned or occupied by
the owner or occupant if the Director presents an inspection warrant issued
pursuant to this section.
C.It shall be unlawful and a violation of the Municipal Code for any person to
expose for sale,offer for sale,transfer,give away or offer to give away any
infested tree anywhere within the Town.
8.05.070 Applicability:The provisions of this chapter shall apply to all public
and private lands within the corporate limits of the Town.
WHEREAS,there is an immediate threat of infestation within the Town of Estes
Park that needs to be abated immediately and therefore an emergency exists,this
Ordinance shall take effect and be enforced immediately after its passage,adoption
and signature of the Mayor.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO THIS I3”DAY OF
________
2008.
TOWN OP E$Y&PARK -T’)/////4
Mayor
.0
I hereby certify that the above ordinance was introduced and read at a meeting of the
Board of Trustees on the is4r%day of
_____________________,
2008,and
published in a newspaper of general publication in the T&in of Estes Park,Colorado on
the lckr%day of
_____________
2008.
-a-C —
Tow Clerk
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