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CONCRETE AND ASPHALT PLANTS
Sections:
5.26.010 Definitions.
5.26.020 Plant Operation Standards.
5.26.030 License Required.
5.26.040 Transfer of License.
5.26.050 Appeals of Licensing Decision.
5.26.060 Suspension or Revocation of License.
5.26.070 Compliance and Enforcement.
5.26.080 Administrative Regulations Authorized.
5.26.010. Definitions.
Air Pollutant: One or more air pollutants defined by Colorado Revised Statutes
§ 25-7-103(1.5), as such statutory definition may be amended.
Application: A written application for a Concrete or Asphalt Plant license in
a form approved by the City and including all supporting documentation and the
Site Plan as described by section 5.26.030(C) and 5.26.030(D).
Asphalt Batch Plant (or Asphalt Plant): A facility used for the production of
a mixture composed of aggregates and bituminous material that may include, but
is not necessarily limited to one or more of the following: asphalt and aggregate,
aggregate feeders, asphalt heater drum burners, loading facilities, material
storage piles, vehicles and vehicular traffic, lime silos, fuel handling equipment,
and fuel storage equipment.
City: The City of Lakewood, Colorado.
Concrete Batch Plant (or Concrete Plant): A facility used for the production
of a mixture composed of aggregates, portland cement and water and which may
include, but is not necessarily limited to one or more of the following: conveyor
systems, feed hoppers, augers, silos, weigh hoppers, mixers, baghouses, elevated
storage bins, storage piles, vehicles and vehicular traffic, fuel handling equipment,
and fuel storage equipment.
Day: A twenty-four hour period of time from midnight to midnight, or other twenty-four
hour period established in writing by the Department of Public Works
Department: The Department of Public Works of the City of Lakewood, Colorado.
Director: The Director of the Department of Public Works or his/her designee
unless otherwise specified.
Emissions: The discharge or release into the atmosphere of one or more Air Pollutants.
Environmental Manager: The authorized person responsible for managing the Office
of Environmental Management as established by Chapter 1.25 of the Lakewood Municipal
Code.
Opacity: The degree to which an Air Pollutant obscures the view of a Qualified
Observer, expressed in percentage of obscuration or the degree (expressed in
percent) to which transmittance of light is reduced by the air pollutant.
Owner or Operator: Any person who owns, leases, operates, controls or supervises
a Concrete or Asphalt Batch Plant (or part thereof) or the land on which such
a plant is located.
Person: A natural person, joint venture, joint stock company, partnership, association,
club, corporation, limited liability entity in any form, business, trust, organization
or a manager, lessee, agent, servant, officer or employee of any of them.
Plant: All of the concrete or asphalt production activities, equipment, buildings,
and facilities that are located on one or more contiguous or adjacent properties.
Qualified Observer: A person trained and certified to observe Opacity in accordance
with the United States Environmental Protection Agency Method 9, 40 CFR Part
60, Appendix A-4, Method 9, as amended.
Site Plan: A document or group of documents containing sketches, text, drawing,
maps, photographs and other material intended to present and explain certain
elements of a proposed development, including but not limited to physical design,
siting of building and structures, interior vehicular and pedestrian access,
the provision of improvements and the interrelationship of these elements. A
Site Plan shall be prepared in accordance with plan preparation criteria established
by the City for Asphalt or Concrete Plants, which plan preparation criteria
are attached as Exhibit A.
Transport Truck: A vehicle used in the carrying of raw materials, finished product,
or waste materials to or from a Concrete or Asphalt Batch Plant. (Ord. O-2004-6
§ 1, 2004).
5.26.020. Plant Operation Standards.
A. Emissions from Concrete or Asphalt Batch Plants.
1. Emissions from a Concrete or Asphalt batch plant shall not exceed the following
standards:
a. Twenty percent (20%) opacity during normal operation of the plant. For purposes
of this section, "normal operation" shall mean all periods of operation
other than daily initial startup of the plant or adjustment of air pollution
control equipment.
b. Thirty percent (30%) opacity during periods of initial daily startup or adjustment
of air pollution control equipment.
c. Opacity percentages for (a) and (b) above shall be measured by a Qualified
Observer using the United States Environmental Protection Agency's Method 9
for the Visual Determination of the Opacity of Emissions from Stationary Sources,
40 CFR Part 60, Appendix A-4, Method 9, as such standards may be amended.
2. Compliance with the Emission provisions of this ordinance will be determined
by a Qualified Observer from or retained by the City, Jefferson County, or the
State of Colorado.
3. Emissions from material handling (i.e., loading; unloading, storage, transfer
or hauling) shall be controlled at all times by the periodic or routine application
of water to the surface of materials unless natural moisture is sufficient to
control such Emissions.
B. Operations.
1. Hours of Operation: The hours of operation of any Concrete or Asphalt Plant,
including all ancillary activities including, but not limited to the operation
of equipment or truck engines or any plant equipment producing noise, but excepting
on-site security operations, shall occur only as follows:
a. October 1 to May 31 between the hours of 6:00 a.m. and 9:00 p.m., Monday
through Saturday, and between 7:00 a.m. and 9:00 p.m. on Sunday.
b. June 1 to September 30 between the hours of 5:00 a.m. and 9:00 p.m., Monday
through Saturday, and between 7:00 a.m. and 9:00 p.m. on Sunday.
c. Applications for any temporary exemption from the provisions of this section
shall be made to the City Manager or his designee. In approving or denying a
temporary exemption, consideration shall be given to effective dates, hours
of operation, type of noise, location, loudness, equipment noise characteristics
and public health, safety and welfare. Any temporary exemption approved hereunder
may provide for, without limitation, a public information program prior to operation
under the exemption, restrictions on effective dates, hours of operation, type
of noise, location, loudness and equipment type relating to that particular
activity giving rise to the relief requested. The City Manager shall promptly
notify the City Council of each temporary exemption approved.
2. Truck Routes: The Owner or Operator of any Concrete or Asphalt Plant shall
submit to the City for approval a map showing pre-designated routes for all
Transport Trucks traveling north, east, south and west between the plant and
the nearest arterial street. The intent of this section is to control the route
between the nearest arterial street and the plant, taking into consideration
that the routes may be different depending on travel direction.
The route maps shall restrict to the greatest extent possible the routing of
Transport Trucks so as to eliminate or minimize routes that traverse residential
neighborhoods, that unreasonably and adversely impact residential dwelling units,
or that damage or degrade public streets from repetitive heavy weights or the
spillage of materials from Transport Trucks. No plant operations shall commence
until the City has approved the truck route map as conforming to the requirements
of this section. Once the route map is approved by the City, all Transport Trucks
shall travel the approved routes as shown on the route map unless a temporary
diversion is necessary to avoid emergency or hazardous conditions along the
approved route. The Owner or Operator shall promptly contact the Director in
the event of any circumstance necessitating a diversion from the route map.
3. Surface Paving and Drainage: All areas of any Concrete or Asphalt Plant site
on which Transport Trucks, customers, or employee-owned vehicles park, travel,
maneuver, load or unload shall be paved with asphalt or concrete in accordance
with City approved construction and pavement designs prepared by a Colorado-licensed
professional engineer specializing in the geo-technical field. Such designs
shall use the design parameters specified in the City Engineering Regulations,
Construction Specifications and Design Standards and shall consider the anticipated
traffic volume and vehicle types traversing such paved areas.
a. The City Engineer is authorized to impose reasonable restrictions on the
use of paved areas to ensure that any concrete or asphalt pavement remains undamaged
by improper use. Such restrictions may include, but shall not be limited to,
prohibiting use of specified paved areas by Transport Trucks, limiting access
to specified paved areas by vehicles exceeding a specified weight, or requiring
directional signage to prevent improper use of specified paved areas.
b. All areas of the Concrete or Asphalt Plant shall include City approved engineered
plans for grading, curb and gutter, pipes, swales or other similar drainage
works, all designed and built in accordance with the Lakewood Engineering Regulations,
Design Standards and Construction Specifications. These drainage works shall
direct rainfall and other surface water to a stormwater detention/water quality
control pond. Specific areas of the plant site may be exempted from this requirement
by the City Engineer if the City Engineer determines it is physically infeasible
to direct water from such areas to a stormwater detention/water quality control
pond.
4. Tracking of Dirt, Mud, and Materials on Public Streets: Concrete and Asphalt
Plants shall employ measures to limit the tracking, carrying, or depositing
of aggregates, fillers, dirt, dust, mud, sludge, or other materials associated
with the Concrete or Asphalt Plant upon any public street or thoroughfare.
a. All Transport Trucks and equipment leaving a Concrete or Asphalt Plant shall
be completely rinsed of asphalt, concrete, aggregates, fillers, dirt, dust,
mud, sludge, or other Plant materials prior to leaving the site.
b. All liquid residues resulting from the cleaning of Transport Trucks and equipment
as required by section 5.26.020 B 4a shall be directed to an impervious process
holding basin(s) approved by the City.
(i) Such process basin(s) shall be hydraulically separate from the stormwater
detention/water quality control facilities which are required by section 5.26.020
B 3b above and by other ordinances and regulations of the City.
(ii) All liquids from such process basin(s) shall either be recycled through
the plant or discharged to the sanitary sewer system. The process basin(s) shall
be designed, maintained and operated to meet applicable statutory and regulatory
standards for discharge from such basin(s).
(iii) All residual material from process basins shall be collected and disposed
of or recycled, all in accordance with applicable laws and regulations.
(iv) After issuance of a license from the City per section 5.26.030, records
evidencing proper disposition of residue material must be maintained on-site
in a place that is reasonably safe from theft or destruction and made available
upon reasonable request for City inspection. The record retention time shall
be three (3) years for all records created after issuance of a license by the
City.
c. Notwithstanding 5.26.020 B.3.b. and 5.26.020 B.4.b., the functions of a stormwater
detention/water quality control pond and liquid residue process holding basin(s)
may, with the approval of the City, be combined into a single facility where
it can be demonstrated to the City that such a single facility will meet the
discharge and water quality requirements provided for in 5.26.020 B.3.b. and
5.26.020 B.4.b.
5. Sweeping of Public Roads and Plant Pavement: If, on public roadways, there
are visible tracks or deposits of aggregates, fillers, dirt, dust, mud, sludge,
or any other material associated with the operation of a Concrete or Asphalt
Plant along the travel path of vehicles exiting the plant site, all such public
road(s)) shall be swept by the Owner or Operator at least once each day of operation
or more often as reasonably required by the City to remedy and remove the tracking
and deposit of aggregates, fillers, dirt, dust, mud, sludge, or any other material
associated with the operation of a Concrete or Asphalt plant. The paved areas
of the plant premises shall also be swept at least once each day of operation
or more often as reasonably required by the City during plant operation hours
when airborne dust from paved surfaces is crossing the property line of the
plant premises. All such sweeping shall be done by a commercial grade mechanical,
vacuum or regenerative air sweeper that uses water for controlling dust and
is capable of removing caked?on debris from a paved surface with rotating brooms
and which has an onboard storage hopper for debris that can be dumped off-site
or into a truck. The Owner or Operator shall keep a daily written log of sweeping
activities. The record retention time for the written log shall be one month
for all sweeping records created after issuance of a license by the City.
C. Permits Required.
The Owner or Operator of any Concrete or Asphalt Plant shall obtain and shall
maintain valid and current all federal, state, and local permits, authorizations,
and certifications required for the operation of the Concrete or Asphalt Plant
including, but not limited to Stormwater Industrial Discharge Permit(s), Process
Water Industrial Permit(s), Air Permit(s) and Construction Permit(s).
D. Site Plan Required.
All Concrete or Asphalt Plant sites shall be improved in complete conformance
with a City-approved Site Plan (as defined by section 5.26.010) and meeting
the requirements of this Chapter, the Zoning Ordinance, the Lakewood Engineering
Regulations, Construction Specifications and Design Standards and other applicable
ordinances and regulations of the City. To obtain a license to operate a Concrete
or Asphalt Plant from the City, the Owner or Operator shall meet all of the
following requirements:
1. Obtain City approval of a Site Plan for the Concrete or Asphalt Plant in
accordance with this Chapter.
2. Construct all site improvements shown on the City approved Site Plan.
3. Obtain final approval by the City of the constructed improvements.
4. Comply with all standards of this Chapter, City zoning, building, fire, and
safety codes, and with the air quality and hazardous waste laws of, the State
of Colorado and the United States. (Ord. O-2004-6 § 1, 2004).
5.26.030. License Required.
A. License Required for All Concrete or Asphalt Plants. It shall be unlawful
to operate a Concrete or Asphalt Plant without the Owner or Operator first having
obtained a license issued by the City's Department of Public Works ("Public
Works Department") with the written concurrence of the City's Environmental
Manager. License fees for the operation of a Concrete or Asphalt plant shall
be established, and from time to time may be changed, by resolution of the City
Council.
B. License Conditions and Requirements Authorized. The City may impose conditions
and requirements on the issuance of a license that are reasonably necessary
to ensure the operation of the Concrete or Asphalt Plant in accordance with
this Chapter, the Zoning Ordinance, the Lakewood Engineering Regulations, Design
Standards and Construction Specifications, other applicable ordinances and regulations
of the City and state and federal laws and regulations.
C. License Application - Existing Asphalt or Concrete Plant. All Concrete or
Asphalt Plants existing within the City at the time this ordinance is enacted
shall submit and process an Application for a license in accordance with the
following procedure:
1. Within 10 days after the effective date of this ordinance, the Owner or Operator
shall contact, schedule, and meet with the City for pre-planning and discussion
of the submission requirements of an Application as set forth in this Section
5.26.030 (C).
2. Within 75 days after meeting with the City in accordance with C1 above, the
Owner or Operator shall submit all documentation and information identified
below. The City may, at its discretion and upon a finding that such information
is not required for the processing of an application for licensure of an existing
Concrete or Asphalt Plant, waive or modify one or more identified Application
submittal requirements. Any waiver of modification shall be effective only if
made in writing by the City and any such waiver(s) shall be applicable only
to the application under consideration.
a. An Application in a form approved by the City which shall include identification,
address, and contact information for the Owner or Operator of the Concrete or
Asphalt Plant;
b. Payment of all application or processing fees imposed for the application;
c. A title commitment dated not less than one (1) month from the date of application
submittal evidencing the ownership and encumbrances of the property upon which
all operations associated with the Concrete or Asphalt Plant are located;
d. Evidence that any necessary state and federal permits are current and valid
for the Concrete or Asphalt Plant;
e. A route map illustrating the routes of Transport Trucks to and from the Concrete
or Asphalt Plant as described in detail in Section 5.26.020 B 2;
f. An operational plan specifying the hours and days of operation, a sweeping
plan for public roads and plant pavement specifying equipment for such sweeping,
shift arrivals and departures, staffing requirements, and general security measures.
Documentation pertaining to security measures may be marked as "confidential";
g. Listing of the names and addresses of all Concrete or Asphalt Plants within
Colorado owned or operated by the Owner or Operator of the Concrete or Asphalt
Plant;
h. A summary description of all prior violations, within the previous three
years, of federal, state and local laws or regulations for the asphalt or concrete
plants listed as required in g) above pertaining to zoning, land use, environment
or environmental protection, business licensing and plant operations. The Owner
or Operator shall include a written explanation of the procedures or methods
to be employed at the existing Concrete or Asphalt Plant to avoid or prevent
similar violations as those experienced at the asphalt or concrete plants listed;
i. A detailed Site Plan prepared in accordance with the plan preparation criteria
established by the City for Asphalt or Concrete Plants, which plan preparation
criteria are attached as Exhibit A; and
j. Any other information or documentation reasonably required by the City to
demonstrate or ensure conformance with the requirements and standards of this
Chapter, the City of Lakewood Municipal Code, the City Engineering Regulations,
Construction Specifications and Design Standards, the City building, fire, and
safety codes, and with the air quality and hazardous waste laws of the State
of Colorado and the United States.
3. Within 15 days after receiving an Application, the City shall mail written
comments to the Owner or Operator via certified mail, return receipt requested,
detailing specific deficiencies in the Application, if any, and identifying
the corrective actions which must be taken by the Owner or Operator to remedy
such deficiencies.
4. Within 15 days following receipt of the City's written comments, the Owner
or Operator shall correct all noted deficiencies in the Application in the manner
specified by the City's written comments and shall return the corrected Application
to the City for further review. Failure of the Owner or Operator to timely correct
cited deficiencies shall result in the denial of the Application.
5. Within 15 days following receipt of the corrected Application, the City shall
conditionally approve a complete and properly corrected Application where the
City finds that the Concrete or Asphalt Plant is operating or will operate in
compliance with this Chapter and any applicable law or regulation following
completion of the site plan improvements as provided in this Chapter. In addition
to any other conditions necessary to ensure conformance with this Chapter and
applicable law, the City's conditional approval shall include a condition that
all improvements illustrated in the approved Site Plan and other associated
studies and reports shall be constructed within 240 days after the effective
date of this ordinance. The City may administratively deny a license to operate
a Concrete or Asphalt Plant where the City
finds that: (a) the Owner or Operator failed to demonstrate to the City that
the Concrete or Asphalt Plant will operate in compliance with this Chapter or
any applicable law or regulation; (b) the Owner or Operator failed to submit
to the City any information reasonably required; or (c) the Owner or Operator
has a record of violation or noncompliance with laws and regulations applicable
to the operation of a Concrete or Asphalt Plant located in the City or of a
Concrete or Asphalt Plant in another location. Any denial shall be in writing,
contain a description of the reasons for the denial, and shall be sent to the
Owner or Operator by certified mail, return receipt requested, at the Owner's
or Operator's address as specified in the Application. An Owner or Operator
shall have thirty (30) days from the date of mailing of a denial within which
to correct all cited deficiencies. If the needed corrections are not made within
the allowed period, the denial of the Application shall be deemed final.
6. Within 10 days following City's conditional approval of the application,
the Owner or Operator shall begin construction of the improvements shown in
the Site Plan and shall complete all such improvements to the satisfaction of
the City within 240 days after the effective date of this ordinance.
7. The City may enter into a written agreement with an Owner or Operator to
extend the deadline for completion of improvements or phase the construction
and completion of required improvements. Any such extension or phasing of construction
shall be approved by the City only when the Owner or Operator demonstrates to
the City by competent evidence that: (a) the extension or phasing is necessary
due to circumstances beyond the control of the Owner or Operator; and (b) reasonable
efforts have been employed by the Owner or Operator to obtain the license without
undue delay; and (c) the delay in completion or phasing of completion of improvements
will not significantly impair the health and safety of the public.
8. Upon completion of all improvements shown or described on the site plan and
other associated studies and reports, and approval of such improvements by the
City, an unconditional license shall be issued.
D. License Application - New Concrete or Asphalt Plant.
1. Application Requirements. Any Owner or Operator who wishes to obtain a license
to operate a new Concrete or Asphalt Plant shall demonstrate to the City that
the Concrete or Asphalt Plant will be located, constructed, and operated in
compliance with this Chapter and with all applicable laws and regulations. An
Owner or Operator for a license shall submit to the Public Works Department
the following documentation or information:
a. An Application in a form approved by the City which shall include identification,
address, and contact information for the Owner or Operator, of the proposed
Concrete or Asphalt Plant;
b. Payment of all application or processing fees imposed for the application;
c. A title commitment dated not less than one (1) month from the date of application
submittal evidencing the ownership and encumbrances of the property upon which
all operations associated with the proposed Concrete or Asphalt Plant will be
located;
d. Evidence that any necessary state and federal permits are current and valid
or will be obtained prior to construction of the Concrete or Asphalt Plant;
e. A route map illustrating the routes of Transport Trucks to and from the Concrete
or Asphalt Plant as described in detail in Section 5.26.020 B 2;
f. An operational plan specifying the hours and days of operation, a sweeping
plan for public roads and plant pavement specifying equipment for such sweeping,
shift arrivals and departures, staffing requirements, and general security measures.
Documentation pertaining to security measures may be marked as "confidential";
g. Listing of the names and addresses of all Concrete or Asphalt Plants within
Colorado owned or operated by the Owner or Operator of the proposed Concrete
or Asphalt Plant;
h. A summary description of all prior violations of federal, state and local
laws or regulations, within the previous three years, for the asphalt or concrete
plants listed as required in g) above pertaining to zoning, land use, environment
or environmental protection, business licensing and plant operations. The Owner
or Operator shall include a written explanation of the procedures or methods
to be employed at the proposed Concrete or Asphalt Plant to avoid or prevent
similar violations as those experienced at the asphalt or concrete plants listed;
i. A detailed Site Plan prepared in accordance with plan preparation criteria
required by the City for Asphalt or Concrete Plants, which plan preparation
criteria are attached as Exhibit A; and
j. Any other information or documentation reasonably required by the City to
demonstrate or ensure conformance with the requirements and standards of this
Chapter, the City of Lakewood Municipal Code, the City Engineering Regulations,
Construction Specifications and Design Standards, the City building, fire, and
safety codes, and with the air quality and hazardous waste laws of the State
of Colorado and the United States.
2. Application Completeness Review. Upon receipt of an Application, the Public
Works Department shall determine whether the application submitted constitutes
a complete application. Such determination shall be made within forty five (45)
days of the City's receipt of the Application and within the 45 days the City
shall notify the Owner or Operator in writing of the completeness of the Application
and shall provide specific information regarding any deficiencies identified.
3. Application Review. The Public Works Department shall administratively approve,
approve with conditions, or deny an application for issuance of a new license
within 30 days from the date the Application is deemed complete by the City.
Any approval or conditional approval shall include a condition that all improvements
illustrated in the approved Site Plan or described in the approved Application
shall be constructed by the Owner or Operator and approved by the City prior
to issuance of a license. The City may administratively deny a license to operate
a Concrete or Asphalt Plant where the City finds that: (a) the Owner or Operator
failed to demonstrate to the City that the Concrete or Asphalt Plant will operate
in compliance with this Chapter or any applicable law or regulation; (b) the
Owner or Operator failed to submit to the City any information reasonably required;
or (c) the Owner or Operator has a record of violation or noncompliance with
laws and regulations applicable to the operation of a Concrete or Asphalt Plant
located in the City or of a Concrete or Asphalt Plant in another location. Any
denial shall be in writing, contain a description of the reasons for the denial,
and shall be sent to the Owner or Operator by certified mail, return receipt
requested, at the Owner's or Operator's address as specified in the Application.
An Owner or Operator shall have thirty (30) days from the date of mailing of
a denial within which to correct all cited deficiencies. If the needed corrections
are not made within the allowed period, the denial of the Application shall
be deemed final. If the Owner or Operator corrects the deficiencies to the reasonable
satisfaction of the City and in accordance with this Chapter, the denial shall
be retracted and such application shall be approved. (Ord. O-2004-6 § 1,
2004).
5.26.040 Transfer of License
Any person who purchases or otherwise acquires control of a Concrete or Asphalt
Plant shall notify the City in writing of the change of ownership or control,
including in the notice the effective date of the change as well as the name,
address and telephone number of the new Owner or Operator. Such notice shall
be provided to the City's Environmental Manager no more than ten (10) days after
the effective date of the change in ownership or control. (Ord. O-2004-6 §
1, 2004).
5.26.050. Appeals of Licensing Decision.
A. Appeal Hearing. An Owner or Operator shall have the right to a quasi-judicial
hearing before the City Manager or his designee for the purpose of appealing
the Department's administrative decision(s). A written request for a hearing
shall be made to the City Manager or his designee within ten (10) days of the
mailing date of the Department's written findings and decision denying or conditioning
the license application. The hearing shall be conducted within fourteen (14)
days of the City Manager's or his designee's receipt of the written request
for a hearing unless a later date is requested by the Owner or Operator. During
the appeal process for an existing Asphalt or Concrete Plant, the plant may
continue in operation provided, at a minimum, it remains in compliance with
all state and federal laws and requirements.
B. Scheduling. Upon receipt of a request for a hearing, the City Manager or
his designee shall schedule a hearing and notify the Owner or Operator of the
date, time, and place of the hearing. Such notification shall be made by a written
notice and shall be mailed or delivered to the Owner or Operator at the Owner's
or Operator's address shown in the application. An Owner or Operator may be
represented at the hearing by an attorney or other representative. An Owner,
Operator, or the City may request a continuation of the hearing date.
C. Conduct of Hearing. At the hearing, the City Manager or the Manager's designee
shall hear and consider such evidence and testimony presented by the City, the
Owner or Operator, or any other witnesses presented by the City or the Owner
or Operator which are relevant to the stated reason and basis for the Department's
denial or conditioning of the license application. The City Manager or his designee
shall conduct the hearing in conformity with quasi-judicial proceedings and
shall permit the relevant testimony of witnesses, cross-examination, and presentation
of relevant documents and other evidence. The hearing shall be recorded stenographically
or by electronic recording device. Any person requesting a transcript of such
record shall pay the reasonable cost of preparing the record.
D. Written Order. Not more than fourteen (14) days following the conclusion
of the hearing, the City Manager or his designee shall send a written order
by certified mail, return receipt requested, to the Owner or Operator at the
address as shown on the application. The order shall include findings of fact
and a final decision concerning the approval or denial of the application. In
the event that the City Manager or his designee concludes that the application
is approved or condition removed, such approval shall constitute approval by
the Department, and the Owner or Operator may seek issuance of a license in
accordance with this Chapter.
E. Appeal of Order. The order of the City Manager or his designee made pursuant
to this section shall be a final decision and may be appealed to the District
Court pursuant to Colorado Rules of Civil Procedure 106(a)(4). For purposes
of any appeal to the District Court, the City Manager's or his designee's decision
shall be final upon the earlier of the date of the Owner's or Operator's receipt
of the order or four (4) days following the date of mailing. (Ord. O-2004-6
§ 1, 2004).
5.26.060. Suspension or Revocation of License.
A. Suspension or Revocation. The City Manager or his designee may suspend, revoke,
modify, or place conditions on the continuation of a license upon a finding
that the Licensee has violated any of the provisions of this Chapter, the Zoning
Code, the Lakewood Engineering Regulations, Design Standards and Construction
Specifications, other applicable ordinances and regulations of the City, or
state or federal laws or regulations. During the appeal process, the Asphalt
or Concrete Plant may continue in operation provided, at a minimum, it remains
in compliance with all state and federal laws and requirements.
B. Other Enforcement Authorized. Nothing in this Chapter shall prohibit the
City from taking any other enforcement action provided for by the Lakewood Municipal
Code, the laws of the State of Colorado, or of the United States.
C. Hearing on Suspension or Revocation. A licensee shall be entitled to a quasi-judicial
hearing before the City Manager or his designee if the City seeks to suspend,
revoke, modify or place conditions on a license based on a violation of this
Chapter.
1. When there is probable cause to believe that a licensee has violated or permitted
a violation of this Chapter or other laws to occur, the City Attorney may file
a written complaint with the City Manager or his designee setting forth the
circumstances of the violation.
2. The City Manager or his designee shall send a copy of the complaint by certified
mail, return receipt requested, to the licensee at the address as shown on the
license application, together with a notice to appear before the City Manager
or his designee for the purpose of a hearing to be conducted at a specified
date and time and at a place designated in the notice to show cause why the
licensee's license should not be suspended, revoked, modified or subjected to
new conditions. Such hearing shall be held on a date not less than fourteen
(14) days following the date of mailing of the complaint and notice to the licensee.
A licensee may be represented at the hearing by an attorney or other representative.
D. Conduct of Hearing. At the hearing, the City Manager or his designee shall
hear and consider such evidence and testimony presented by the City enforcement
officers, the City, the licensee, or any other witnesses presented by the City
or the licensee that is relevant to the violations alleged in the complaint.
The City Manager or his designee shall conduct the hearing in conformity with
quasi-judicial proceedings and shall permit the relevant testimony of witnesses,
cross examination, and presentation of relevant documents and other evidence.
The hearing shall be recorded stenographically or by electronic recording device.
Any person requesting a transcript of such record shall pay the reasonable cost
of preparing the record.
E. Written Findings. The City Manager or his designee shall make written findings
of fact from the statements and evidence offered and shall reach a conclusion
as to whether the alleged violations occurred. Such written findings and conclusion
shall be prepared and issued not more than fourteen (14) days following the
conclusion of the hearing. If the City Manager or his designee determines that
a violation did occur which warrants suspension, revocation, modification or
conditioning of the license pursuant to this section, he shall issue an order
suspending, revoking, modifying or placing conditions on the license. A copy
of the findings, conclusion, and order shall be mailed to the licensee by certified
mail, return receipt requested, at the address shown on the license application.
F. Appeals. For purposes of any appeal to the District Court, the City Manager's
or his designee's decision shall be final upon the earlier of the date of the
Owner's or Operator's receipt of the findings, conclusion, and order or four
(4) days following the date of mailing of the City Manager's or his designee's
decision. The order of the City Manager or his designee shall be a final decision
and may be appealed to the District Court pursuant to Colorado Rules of Civil
Procedure 106(a)(4).
G. No Refund and Costs of Enforcement. In the event of suspension, revocation,
modification, conditioning, or cessation of business, no portion of the license
fee shall be refunded. Any person whose license is suspended, revoked, modified
or conditioned under this section shall be required to pay the costs including,
but not limited to, attorneys' fees, expert witness and/or consultant fees,
incurred by the City to enforce this ordinance. (Ord. O-2004-6 § 1, 2004).
5.26.070. Compliance and Enforcement.
A. Inspections and Enforcement Authority. The City, through its Environmental
Manager, his or her designee, Police Agents and/or Code Enforcement Officers,
shall conduct inspections or investigations of all Concrete and Asphalt Plants
in the City during regular business hours. The Environmental Manager, his or
her designee, Police Agents and/or Code Enforcement Officers, are authorized
to issue citations for violations of this ordinance. It shall be unlawful to
hinder, prevent or refuse to permit any inspection or investigation in connection
with the provisions of this ordinance. In the event that entry into a Concrete
or Asphalt plant for the purpose of inspection or investigation is denied, the
City may apply to the Municipal Court or the State District Court for a warrant
to permit the entry, inspection or the collection of evidence.
B. Violations. Any failure to comply with this Chapter shall constitute a violation
of this ordinance. Each incident, and each day, of non-compliance shall be separate
violations. Each violation of this ordinance shall be punishable by a fine of
not more than $1,000, or confinement for a period not to exceed 365 days, or
both. Additionally, violations of this ordinance are declared to be a nuisance
within the meaning of Chapter 9.80 of the Lakewood Municipal Code.
C. Injunctions. The City may pursue injunctive relief for any violation of this
Chapter as may be permitted by law.
D. Costs and Charges. Any person who violates this Ordinance shall be required
to pay the costs and expenses incurred by the City in any civil action to enforce
this ordinance including, but not limited to, attorneys' fees, expert witness
and/or consultant fees. Such costs and expenses may be collected by the City
in any civil action brought to enforce this ordinance or separately in any action
at law. (Ord. O-2004-6 § 1, 2004).
5.26.080 Administrative Regulations Authorized.
The Director is authorized to promulgate administrative forms, guidelines, and
criteria necessary to implement the provisions of this Chapter. (Ord. O-2004-6
§ 1, 2004).
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