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<br />11-12-5
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<br />11-12-3
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<br />11-12-4
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<br />authorized representatives shall by written order direct that such remedial
<br />action be taken forthwith as will result in full compliance with the applicable
<br />provisions of this Ordinance; provided, however, that the issuance of such
<br />order shall in no way or manner be deemed a prerequisite to the institution
<br />of such enforcement proceedi:igs as arc hereinbelow set forth; and provided
<br />further, that compliance with such ord~r shall not necessarily be deemed to
<br />be a defense to any alleged violation of this Ordinance in any court action
<br />instituted seeking full compliance therewith, but evidence of cO'!lpliance
<br />with such order may be introduced as pertinent to mitigation and
<br />extenuation.
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<br />The provisions of this Section shall not apply to any fixed building or structure
<br />already lawfully in place or for which a lawful permit has already been granted at
<br />the time of the enactment of this Ordinance; provided that, in the event of the
<br />substantial destruction of such building or structure, its reconstruction or
<br />replacement shall be considered a new use and be governed by the other applicable
<br />provisions of this Section.
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<br />11-12-4:
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<br />ADMINISTRATION:
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<br />(C) Any person, firm or corporation, whether as principal, agent, employee or
<br />otherwise, who shall use, occupy or develop any portion of any designated
<br />flood plain in violation of any provision of this Ordinance shall be fined an
<br />amount not to exceed three hundred dollars ($300,00) for each violation,
<br />,,",ch fine to inure to the City of Westminster. Each day during which such
<br />illegal use, occupation or development continues shall be deemed a separate
<br />offense. If any such use, occupation or development shall occur in violation
<br />otany provision of this Ordinance, or the applicable statutes of the State of
<br />Colorado, the City Council or any person who may be injured by such
<br />violation, in addition to other remedies provided by law, may institute
<br />injunction, mandamus, abatement or any other appropriate action or
<br />proceeding to prevent, enjoin, abate or remove such unlawful use,
<br />occupation or development, and the fine hereinabove provided for may be
<br />recovered in that same civil action -wherein such injunction, mandamus or
<br />abatement is sought, or separate and distinct proceedings may be instituted
<br />seeking varying forms of relief, as the law may allow,
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<br />(A) It shall be unlawful to develop, fill or occupy; or to construct, reconstruct,
<br />or alter any building or structure; within a designated flood plain without
<br />the property owner or his authorized representative first obtaining a permit
<br />from the Director of Public Works, in accordance with the following
<br />procedures:
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<br />1. Application for a permit shall be made in the form prescribed by the
<br />Director of Public Works, accompanied by a fee of one hundred dollars
<br />($100,00),
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<br />2, Not later than thirty (30) days after receipt of an application for a
<br />permit, notice of such application shall be published once in a newspaper of
<br />general circulation in the City of Westminster, which said publication shall
<br />be not less than thirty (30) nor more than sixty (60) days before the date set
<br />for hearing, A copy of such notice shall be forwarded to the Colorado Land
<br />Use Commission not later than the date of publication. Copies of such notice
<br />shall also be made available for public dissemination in the offiCe of City
<br />Clerk.
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<br />11-12-5: INTERPRETATION: It is not i~tended by this Ordinance to repeal,
<br />abrogate or impair any existing easements, covenants, or deed
<br />restrictiOns. However, where this Ordinance imposes greater restrictions, the
<br />provisions of this Ordinance shall prevail. All other ordinances inconsistent with this
<br />Ordinance are hereby repealed to the extent of the inconsistency only, In their
<br />interpretation and application, the provisions of this Ordinance shalt be held to be
<br />minimum requirements and shall not be deemed a limitation or repeal of any other
<br />powers granted by the state constitution or statutes.
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<br />3. After the conclusion of the public hearing, the Director of Public Works
<br />shall grant or deny the permit according to the criteria set forth in this
<br />Ordinance; provided that if the Director of Public Works shall find that there
<br />. is not sufficient information concerning the boundaries and other
<br />characteristics of the designated flood plain upon which a sound decision can
<br />be based, it shall continue such hearing until sufficient information is
<br />obtained,
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<br />(A) The degree of flood protection required by this Ordinance is considered
<br />reasonable for the protection of life and property and is based on
<br />engineering and scientific methods of study. Larger floods may occur on rare
<br />occasions or the flood height may be increased by man made or natural
<br />causes, such as ice jams and bridge or culvert openings being restricted by
<br />debris. This Ordinance does not imply that areas outside the designated
<br />flood plains or land uses permitted within such flood plain will be free from
<br />flooding or flood damages. This Ordinance sha!! root create liability on the
<br />part of the City of Westminster or any officer or employee thereof for any
<br />flood damages that result from f:J!iance on this Ordinance or any
<br />administrati'Je decision iawfuily made '~h2reunder.
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<br />4, Any person claiming to be affected by the granting or denial of any such
<br />permit may appeal such granting or denial first to the City Manager, then to
<br />the City Council, then to the District Court of the County of Adams or
<br />Jefferson, depending on which County the affected property lies,
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<br />(B) The Director of Public Works or its authorized representative is hereby
<br />empowered and directed to inspect and examine the use, occupation or
<br />development or designated flood plains within the City of Westminster for
<br />the purpose of determining from time to time whether or not such use
<br />occupation or development is in violation of any of the provisions of thi~
<br />Ordinance or of any permit issued or required pursuant to this Section. If a
<br />violation shall be found to exist, the Director of Public Works or its
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<br />(8) It any Section, clause, provision or portion of this Ordinance is adjudged
<br />unconstitutional or invaiid by a court of competent jurisdiction 'the
<br />remainder of this Ordinance shall not be affected thereby. (Ord,' B6B;
<br />12-23-74; Eft, 1.2.75)
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