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City of Fruita Municipal Code

City of Fruita Municipal Code

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Revised 09/01/2010 2-13 Administration and Personnel<br />

Sections:<br />

2.25.010 <strong>Code</strong> Enforcement Officer<br />

2.25.020 Designation<br />

2.25.030 Liability<br />

Chapter 2.25<br />

CODE ENFORCEMENT OFFICER<br />

2.25.010 CODE ENFORCEMENT OFFICER. There is hereby established the position <strong>of</strong><br />

<strong>City</strong> <strong>of</strong> <strong>Fruita</strong> <strong>Code</strong> Enforcement Officer which shall be under the administration and operational<br />

control <strong>of</strong> the Community Development Director. Such <strong>Code</strong> Enforcement Officer shall have the<br />

power, together with the Community Development Director and the <strong>City</strong> Attorney, to enforce all<br />

terms and provisions contained in Title 17 <strong>of</strong> the <strong>Fruita</strong> <strong>Municipal</strong> <strong>Code</strong> concerning Land Use<br />

and Development, as well as the terms and conditions <strong>of</strong> any permits or other land use approvals<br />

granted pursuant to Title 17. Such <strong>Code</strong> Enforcement Officer shall also have the authority,<br />

together with the <strong>City</strong> Attorney and members <strong>of</strong> the <strong>Fruita</strong> Police Department, to enforce<br />

provisions contained in Title 6 concerning Animals, Title 8 concerning Health and Safety, Title 9<br />

concerning Public Peace, Morals and Welfare, Title 10 concerning Vehicles and Traffic, Title 12<br />

concerning Public Improvements and Title 15 concerning Building and Construction, as well as<br />

other provisions <strong>of</strong> the <strong>Fruita</strong> <strong>Municipal</strong> <strong>Code</strong> as may be determined from time to time by the<br />

<strong>City</strong> Council. The <strong>Code</strong> Enforcement Officer shall have the authority to issue notices <strong>of</strong><br />

violation, compliance orders, and may issue citations or summons and complaints in the <strong>Fruita</strong><br />

<strong>Municipal</strong> Court. Provided, however, such <strong>Code</strong> Enforcement Officer need not be a “peace<br />

<strong>of</strong>ficer” as defined by Title 18, C.R.S., and if the <strong>Code</strong> Enforcement Officer is not a “peace<br />

<strong>of</strong>ficer,” shall not be permitted to carry a firearm or conduct arrests. (Ord. 2002-16, S2)<br />

2.25.020 DESIGNATION. The Community Development Director shall designate one or more<br />

persons to serve as the <strong>City</strong> <strong>of</strong> <strong>Fruita</strong> <strong>Code</strong> Enforcement Officer(s). The <strong>City</strong> Council may also<br />

authorize the Community Development Director to serve in the capacity <strong>of</strong> <strong>Code</strong> Enforcement<br />

Officer. Compensation for the person(s) serving as <strong>Code</strong> Enforcement Officer shall be<br />

determined from time to time by the Community Development Director pursuant to the <strong>City</strong>’s<br />

personnel policies and annual budget. (Ord. 2002-16, S2)<br />

2.25.030 LIABILITY. The <strong>Code</strong> Enforcement Officer, acting in good faith and without malice<br />

in the discharge <strong>of</strong> his/her duties, shall not thereby render him/herself personally liable for any<br />

damage that may accrue to persons or property as a result <strong>of</strong> any act or by reason <strong>of</strong> any act or<br />

omission in the discharge <strong>of</strong> his/her duties. Any suit brought against the <strong>Code</strong> Enforcement<br />

Officer because <strong>of</strong> such an act or omission performed by him/her in the enforcement <strong>of</strong> <strong>City</strong><br />

ordinances shall be defended by the <strong>City</strong> until final termination <strong>of</strong> such proceedings, and any<br />

judgment resulting therefrom shall be assumed by the <strong>City</strong>. (Ord. 2002-16, S2)

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