Chapter 8.20
AIR POLLUTION

Sections:

8.20.010    Control of dust-producing areas.

8.20.020    Smoking in workplaces and public places.

8.20.030    Air quality – Declaration of policy.

8.20.040    Definitions.

8.20.050    Regulation of new solid fuel burning devices – Clean stoves only.

8.20.060    Solid fuel burning during high pollution days – Prohibited.

8.20.070    Elimination of nonconforming wood stoves.

8.20.080    Entry to inspect.

8.20.090    Appeals.

8.20.100    Exemptions – Economic need and sole source of heat.

8.20.110    Severability.

8.20.120    Nuisance – Injunction.

8.20.130    Penalty.

8.20.140    No duty created.

8.20.150    Repealed.

8.20.160    Repealed.

8.20.010 Control of dust-producing areas.

It shall be unlawful for any person to own, possess or control any cleared area, parking lot, vacant lot or other site used by vehicular traffic without implementing an effective abatement or preventive fugitive dust-control measure, as may be required, which may include, but is not limited to, the following:

(a)    Wetting down of the dust-producing area;

(b)    Landscaping;

(c)    Covering, shielding or enclosing;

(d)    Paving on a temporary or permanent basis;

(e)    Treating through the use of palliatives and chemical stabilization.

(Code 1994 § 16-126; Code 1965 § 19-70)

8.20.020 Smoking in workplaces and public places.

(a)    Definitions. The following words and phrases, whenever used in this section, shall have the following meanings:

Bar means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.

Bingo hall means any enclosed area used for the management, operation or conduct of a game of bingo by any organization holding a license to manage, operate or conduct games of bingo pursuant to Colorado law and in which food service for consumption on the premises is incidental to the games of bingo.

Bowling alley means a business open to the public which offers the use of bowling lanes, typically equipped with operable automatic pin setting apparatus and in which food service for consumption on the premises is incidental to bowling and related activities.

Business means any sole proprietorship, partnership, joint venture, corporation or other entity formed for profit-making or nonprofit purposes, including retail establishments where goods or services are sold, as well as professional corporations and limited liability companies. Business includes entities where legal, accounting, financial, planning, medical, dental, engineering, architectural or other services are delivered.

Electronic smoking device means an electric or battery-operated device which can be used to deliver substances, including but not limited to nicotine, tobacco, or marijuana, to the person using such device. Electronic smoking devices shall include, without limitation, electronic cigarettes, cigars, cigarillos, pipes, and hookahs.

Employee means any person whether such person is referred to as an employee, contractor, independent contractor, volunteer or by any other designation who:

(1)    Performs any type of work for benefit of another in consideration of direct or indirect wages or profit; or

(2)    Provides uncompensated work or services to a business or nonprofit entity.

Employer means any person, partnership, association, corporation, or nonprofit entity that employs one or more persons.

Enclosed area means all space between a floor and ceiling within a structure or building which is closed in on all sides by solid walls, doors or windows which extend from the floor to the ceiling.

Indoor area means any enclosed area or portion thereof. The opening of windows or doors, or the temporary removal of wall panels, does not convert an indoor area to an outdoor area.

Lighted means to illuminate by electricity, battery or fire; to ignite by electricity, battery or fire; to burn by electricity, battery or fire; or to emit light by electricity, battery or fire.

Marijuana (which may alternatively be spelled as “marihuana”) shall have the same meaning as set forth in Article XVIII, Section 16 of the Colorado Constitution or as may be more fully defined in any applicable State law or regulation.

Person means a natural person or any entity or business recognized by law or formed to do business of any sort.

Place of employment means any indoor place and any public place or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer.

Private club means any establishment which restricts admission to members of the club and their guests. See Public place.

Private function means any activity which is restricted to invited guests in a nonpublic setting and to which the general public is not invited.

Public meetings means any meeting open to the public pursuant to Part 4 of Article 6 of Title 24, C.R.S., or any other applicable law.

Public place means any area to which the public is invited or in which the public is permitted, including but not limited to banks, educational facilities, schools, health facilities, laundromats, public transportation facilities including bus stations and stops, taxis, shelters, airports, train stations, reception areas, restaurants, retail food production and marketing/grocery establishments, retail service establishments, retail stores, theaters and waiting rooms. A private club is considered a public place when functions are held at the club which are open to the general public and are not restricted to the members of the club. A private residence is not a public place except during times when it is being used as a child care, adult care or health care facility.

Restaurant means a business in which the principal business is the sale of food or meals prepared on-site, typically for consumption on-site. Examples of restaurants, without limitation, are coffee shops, cafeterias, sandwich stands, private or public school or other cafeterias, and other eating establishments which give or offer food for sale to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.

Retail tobacco store means a business utilized primarily for the sale of tobacco and accessories and in which the sale of other products is incidental.

Service line means any indoor or outdoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

Smoke or smoking means and includes, but is not limited to:

(1)    The carrying or possession of a smoking instrument in one’s mouth for the purpose of inhaling or exhaling smoke or vapor or blowing smoke or vapor rings;

(2)    The placing of a lighted smoking instrument in an ashtray or other receptacle, and allowing smoke or vapor to diffuse in the air;

(3)    The possession, carrying or placing of a lighted smoking instrument in one’s hands or any appendage or device and allowing smoke or vapor to diffuse in the air; or

(4)    The inhaling or exhaling of smoke or vapor from a lighted smoking instrument.

Smoke-free means that air in an enclosed area is free from smoke caused by smoking.

Smoking instrument means an instrument of any kind which can be used to deliver substances, including but not limited to nicotine, tobacco, marijuana, or any other substance, or combination thereof, to the person using such instrument. Smoking instrument shall include, without limitation, cigarettes, cigars, cigarillos, pipes and hookahs. Smoking instrument shall specifically include electronic smoking devices.

Sports arena means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

Structure is defined in the International Building Code, including the International Residential Code, (“IBC”) as adopted by the City from time to time. The term structure includes the term building, also defined by the IBC.

Tobacco is defined in § 25-14-203(17), C.R.S.

Work area means an enclosed area in which one or more employees are routinely assigned and perform services for or on behalf of the employer.

(b)    Application to City Property. All enclosed areas and motor vehicles that are owned or leased by the City shall be subject to the provisions of this section as though such areas and vehicles were public places.

(c)    Prohibition of Smoking in Public Places and Indoor Areas.

(1)    Except as provided herein, smoking shall be prohibited in all public places and indoor areas within the City, including, but not limited to, the following:

(i)    Elevators.

(ii)    Restrooms, lobbies, reception areas, hallways and any other common-use areas.

(iii)    Buses, taxicabs, other means of public transit while operating within the City limits, and ticket, boarding and waiting areas of public transit systems including stops, bus benches, shelters and depots.

(iv)    Service lines.

(v)    Retail stores.

(vi)    All areas available to and customarily used by the public in all businesses and nonprofit entities patronized by the public, including, but not limited to, professional and other offices, banks, and laundromats.

(vii)    Restaurants and bars except that smoking is allowed in outdoor seating areas of restaurants and bars that are not enclosed and are not under a roof or a projection of a roof as defined by the IBC as a roof assembly, such as patios, and any person smoking is at least 15 feet from the front or main doorway.

(viii)    Aquariums, galleries, libraries, museums and similar facilities.

(ix)    Any structure primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance.

(x)    Sports arenas whether enclosed or outdoors.

(xi)    Public meeting places.

(xii)    Health care facilities including hospitals, clinics, therapists’ offices and facilities, physical therapy facilities, doctors’ offices, dentists’ offices and the offices and facilities of other health care providers.

(xiii)    Restrooms, lobbies, hallways, and other common areas in public and private buildings including but not limited to apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.

(xiv)    Billiard or pool halls.

(xv)    Polling places.

(xvi)    Facilities in which games of chance are conducted, including but not limited to bingo halls.

(xvii)    To the extent not otherwise provided in § 25-14-103.5, C.R.S., public and nonpublic schools.

(xviii)    Other educational and vocational institutions.

(xix)    Restrooms, lobbies, hallways, and other common areas in hotels and motels.

(xx)    Any place of employment that is not exempted in subsection (f) of this section, whether or not open to the public and regardless of the number of employees.

(xxi)    The indoor area of a private club. Smoking is allowed in the outdoor areas of a private club, except where otherwise prohibited in this section.

(xxii)    Hotel and motel rooms.

(2)    Notwithstanding any other provision of this section, any person or business who controls any business or facility may declare that entire establishment, facility or grounds as smoke-free.

(d)    Smoke-Free Workplace. In the case of employers who own facilities otherwise exempted by subsection (f) of this section, each such employer shall provide a smoke-free area for each employee requesting a smoke-free area that is free from secondhand smoke and emissions from electronic smoking devices. Every employee shall have the right to work in a smoke-free area.

(e)    Smoke-Free Exits and Entrances. Smoking shall not occur in or so close to exterior exits or entrances that the free flow of pedestrian traffic may be affected or so close that the operation of the doors, exits or entrances is affected or diminished. No smoking shall occur within 25 feet of the front or main doorway leading into a building or facility.

(f)    Where Indoor Smoking Is Not Prohibited.

(1)    Notwithstanding any other provision of this section to the contrary, the following areas shall be exempt from the prohibition contained in subsection (c) of this section:

(i)    Private homes and residences; except when used as a child care, adult day care or health care facility.

(ii)    Retail tobacco stores.

(iii)    Private vehicle, except if the private vehicle is being used for the public transportation of children or as part of health care or day care transportation.

(iv)    A private, nonresidential building on a farm or ranch, as defined in § 39-1-102, C.R.S., that has annual gross income of less than $500,000.

(2)    Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this subsection (f) may declare that entire establishment, facility, or grounds as smoke-free.

(g)    Signs.

(1)    Each owner, operator, manager and other person having control of an enclosed area or public place subject to the provisions hereof shall be jointly and severally responsible to clearly and conspicuously post:

(i)    “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it) in every public entrance or other areas where smoking is prohibited by this section.

(ii)    In public places where smoking is allowed pursuant to this section, a sign with the words “Smoking Is Allowed Inside” at each public entrance to, or in a position clearly visible on entering, the enclosed area in which smoking is permitted.

(2)    All signs referred to in this subsection (g) shall be a minimum size of 20 square inches and must be placed at a height of between four and six feet above the floor.

(3)    All signs at public parks or unenclosed public places shall be visible to persons entering from the primary entrance or shall be posted at reasonable intervals along the property boundary. The primary entrance shall be referred to as the location where a sign identifies the park name, hours it is open to the public and other rules and regulations. For purposes of this section, “reasonable intervals” shall be presumed to be no less than 300 feet.

(h)    Optional Prohibitions. The owner or manager of any place not specifically listed in subsection (c) of this section, including a place otherwise exempted in subsection (f) of this section, may post signs prohibiting smoking or providing smoking and nonsmoking areas. Such posting shall have the effect of including such place, or the designated nonsmoking portion thereof, in the places where smoking is prohibited pursuant to this section.

(i)    No Retaliation. No person or employer shall discharge, refuse to hire or retaliate in any manner against any employee, applicant for employment, or customer because such employee, applicant, or customer exercises any right to, or complains about the lack of, a smoke-free environment afforded by this chapter.

(j)    Violations and Penalties.

(1)    It shall be unlawful for any person or business that owns, manages, operates or otherwise controls the use of any premises, enclosed area, public place, or place of employment subject to regulation under this section to fail to comply with any of its provisions.

(2)    It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this section.

(3)    Each violation of any provision of this section shall be deemed to be a separate violation. Each day shall be treated as a separate violation for continuing violations of subsections (d), (g) and (i) of this section.

(k)    Other Applicable Laws. This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(l)    Severability. If any provision, clause, sentence or paragraph of this section or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

(Ord. 4954, 9-2-20; Ord. 4832, 2-20-19; Ord. 4296, 9-29-08; Ord. 3914, 6-7-06; Ord. 3829, 10-19-05; Ord. 3540, 7-3-03. Code 1994 § 16-127; Code 1965 § 19-77)

Cross reference(s) – Businesses, GJMC Title 5; parks and recreation areas, Chapter 12.04 and 12.08 GJMC; fire prevention and protection, Chapter 15.44 GJMC; streets, sidewalks and other public places, Chapters 12.16, 12.20 and 12.24 GJMC.

State law reference(s) – Control of smoking, § 25-14-101, C.R.S. et seq.; classes of licenses, § 44-3-401, C.R.S.

8.20.030 Air quality – Declaration of policy.

Air quality is an important part of the health, safety and welfare of the community. City Council desires to protect and improve air quality in and around the City, not only for the health, safety and general welfare of its citizens, but also because air pollution resulting from the use of wood stoves hurts the aesthetic and economic welfare of the community. Present levels of air pollution which occur during winter inversions in the Grand Valley are unacceptable. The Grand Valley Air Quality Planning Committee has studied and made recommendations concerning local efforts which can protect the air quality in the Grand Valley. The City Council endorses such efforts.

To assist in maintaining existing air quality levels and to improve air quality in the City, and its environs, the City Council endorses:

(a)    The continuation of City support of the voluntary “no burn” program presently being implemented by the Mesa County Health Department;

(b)    In the City, a mandatory “no burn” requirement prohibiting the use of uncertified solid fuel burning devices on days of high pollution;

(c)    Provisions to require that only certified wood burning devices or gas devices be installed in the future;

(d)    Provisions which “grandfather” existing devices until the transfer of ownership of the property as provided below;

(e)    Programs, either by local governments or others, or combinations, which provide financial incentives to reduce the use of wood stoves and fireplaces.

(Ord. 2981, 2-19-97. Code 1994 § 16-128)

8.20.040 Definitions.

As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

(a)    Approved nonsolid fuel burning device: any device that operates exclusively with nonsolid fuel, i.e., gas or liquid, and is installed in accordance with City ordinances and resolutions and State regulations, including a properly installed fire box, flues, and gas log apparatus. Hereinafter an approved nonsolid fuel burning device is referred to as “gas stove.”

(b)    Approved solid fuel burning device: a solid fuel burning device (e.g., wood stove, pellet stove, masonry heater) which meets the standards set forth, or referred to, in Regulation No. 4 (5 CCR 1001-6). Hereinafter, an approved solid fuel burning device is referred to as “clean stove.”

(c)    Building Inspector: such person as is designated by the City Manager, e.g., the City’s code enforcement personnel.

(d)    Dwelling unit: as defined by the City’s zoning and development code (hereinafter referred to as “home”). Work shops, garages, and other accessory areas are not included within the definition of “home” or “dwelling unit” for purposes of this chapter.

(e)    High pollution day: for any area within the City, that period of time or days declared by the Mesa County Health Department, or other person or agency designated by the City Council, to be a high pollution day or “no burn” day. The County Health Department, or other designated person or agency, may make such declaration when monitoring indicates violations within the City of air quality standards established by the City, the United States Environmental Protection Agency, or the State Department of Public Health and Environment, or when meteorological conditions warrant.

(f)    Operate a wood stove or a fireplace: to burn any solid material, including but not limited to wood, in a wood stove or fireplace.

(g)    Regulation No. 4: regulations adopted by the State of Colorado concerning wood stoves and wood burning appliances, or any replacement or amended regulation; presently found at 5 CCR 1001-6.

(h)    Sole source of heat: one or more wood stoves which constitute the only source of space heating in a home.

(i)    Solid fuel burning device: any stove, masonry heater, pellet stove, firebox or device intended or used for the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. Hereinafter a solid fuel burning device is referred to as “wood stove.” “Solid fuel burning device” and “wood burning stove” are also defined in Regulation No. 4. Natural gas devices and solid fuel barbecue devices are excluded from this definition as are devices used by the City in the provision of City services.

(j)    Transfer of ownership: any conveyance of any interest in the property upon or in which a wood stove is installed or used. Conveyance by devise, descent, distribution, succession, gift, foreclosure or operation of law is not included within the term “transfer of ownership.” Conveyance, whether by quit claim or by warranty or otherwise, of interests less than the fee such as conveyance of an easement, a lease or a mortgage are not included within the term “transfer of ownership.”

(Ord. 2981, 2-19-97. Code 1994 § 16-129)

8.20.050 Regulation of new solid fuel burning devices – Clean stoves only.

No wood stove shall be installed within any structure, mobile home, building or home within the City unless it is a clean stove. No fireplace shall be installed within any structure, mobile home, building or home within the City unless it complies with Regulation No. 4. See 5 CCR 1006(VIII)(A)(1) through (6).

(Ord. 2981, 2-19-97. Code 1994 § 16-130)

8.20.060 Solid fuel burning during high pollution days – Prohibited.

It shall be unlawful for any person to operate a wood stove or a fireplace during a high pollution day unless an exemption has been granted pursuant to this provision or unless such wood stove is a clean stove or it meets the requirements of 5 CCR 1006(VIII)(A)(1) through (6). It shall be the duty of all persons owning or operating a wood stove or a fireplace to be aware of any declaration of a high pollution day by the Mesa County Health Department or other person or agency designated by the City Council. Any such declaration shall constitute constructive notice of the existence of a high pollution day and of the applicability of the prohibition of this section. Each time a high pollution day or period is declared, four hours shall be allowed for the burn down of existing fires in solid fuel burning devices or fireplaces prior to the initiation of enforcement. Prior to prosecution for the first allegation of a violation of this section, a written warning shall be delivered to the person or posted conspicuously on the premises on which such person has, in violation hereof, operated a wood stove or a fireplace. If a written warning has been issued during the preceding 365 days, a prosecution may be initiated if probable cause exists to believe that a second instance of violation of this section has occurred.

(Ord. 2981, 2-19-97. Code 1994 § 16-131)

8.20.070 Elimination of nonconforming wood stoves.

For each transfer of ownership of property which occurs after September 1, 1997, on which is installed or used a wood stove which is not a clean stove other than an exempt wood stove, the transferor, grantor or seller shall prior to any transfer of ownership:

(a)    Replace such wood stove with a clean stove;

(b)    Replace such wood stove with a gas stove; or

(c)    Remove such wood stove.

(Ord. 2981, 2-19-97. Code 1994 § 16-132)

8.20.080 Entry to inspect.

(a)    The Building Inspector may enter onto property in order to inspect: if a wood stove is located upon the property or installed in a structure in compliance with this provision or operated in violation of this provision; if a fireplace or wood stove is being operated in violation of this provision. If an owner or occupant refuses to consent to such inspection, the Building Inspector may apply for an appropriate court order from the Municipal Court or other appropriate court.

(b)    When the Building Inspector has reasonable grounds based upon his or her investigation or upon complaints sufficiently demonstrating reasonable grounds that a person has violated this provision, the Building Inspector shall issue a notice and order setting forth the alleged violations and the corrective action that needs to be taken. The notice shall be served personally, by certified mail, or by posting in a conspicuous place on the property, or in any other manner provided by law for the service of process and shall allow 30 days for the person to take necessary actions to comply with this provision and any regulations adopted to implement or interpret this chapter. Compliance with this section is not a prerequisite to the filing, or prosecution, of a violation pursuant to GJMC 8.20.130. Compliance with this subsection (b) is not a condition precedent to the filing of a complaint, or the prosecution of a violation of, concerning burning in violation of the provisions of GJMC 8.20.060.

(Ord. 2981, 2-19-97. Code 1994 § 16-133)

8.20.090 Appeals.

An appeal of the Building Inspector’s order to comply may be filed with the City Clerk in writing no later than 10 days from the date of the Building Inspector’s order. This section shall not apply to a violation of GJMC 8.20.060.

Upon receipt of a timely filed notice of appeal, the City Clerk shall set a hearing date before the Board of Appeals to review the order of the Building Inspector. The Building Inspector shall present information which he or she believes shows a violation of this provision, or the adopted regulations, and the appellant shall be given the opportunity to respond.

The Board of Appeals may affirm, modify, rescind or delay an order, if any one or more of the following criteria are established by the applicant by clear and convincing evidence:

(a)    Owing to exceptional and extraordinary circumstances, literal enforcement of this chapter or adopted regulations will result in extreme hardship. Such circumstances may include, but are not limited to, structural conditions which would impose extraordinary costs in order to comply with the provisions of this chapter or adopted regulations.

(b)    Compliance with the requirements of this chapter or adopted regulations would create a threat to the health and safety of an owner or occupant.

(c)    There is imminent planned termination of operations or replacement of a noncomplying wood stove with a gas stove or a clean stove. The Board shall take such steps as are necessary to ensure compliance with such termination or replacement.

The order of the Board of Appeals shall determine whether the provision was violated and shall state the time for compliance with the order.

(Ord. 2981, 2-19-97. Code 1994 § 16-134)

8.20.100 Exemptions – Economic need and sole source of heat.

(a)    The Building Inspector shall issue an exemption from the no burn requirement or the requirement to remove or replace a wood stove to the owner of a wood stove if such owner makes application to the Building Inspector and takes an oath or affirms that such owner is a person whose sole source of heat for the home is a wood stove(s).

(b)    Each person who has received an exemption under this section shall display a decal issued by the Building Inspector in a manner and place on the property so as to be clearly visible from a place of public access on high pollution days.

(c)    An exemption granted pursuant to this section shall be valid only so long as the owner of the exempt wood stove continues to qualify as provided in subsection (a) of this section.

(Ord. 2981, 2-19-97. Code 1994 § 16-135)

8.20.110 Severability.

The provisions of GJMC 8.20.030 through 8.20.100 are severable. If any provision within these sections or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect, without the invalid provisions or application.

(Ord. 2981, 2-19-97. Code 1994 § 16-136)

8.20.120 Nuisance – Injunction.

Any violation of any provision of this chapter, or any regulation implementing or interpreting this chapter, is declared to be a nuisance. In addition to any other relief provided by this chapter, the City Attorney may apply to a court of competent jurisdiction, including the Municipal Court, for an injunction to prohibit the continuation of any violation of this provision or any such regulation. Such application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction.

(Ord. 2981, 2-19-97. Code 1994 § 16-137)

8.20.130 Penalty.

(a)    Any person, firm or corporation violating any provision of this chapter shall be fined not more than $1,000 and/or 10 days in jail for each offense. A separate offense shall be deemed committed on each day, or portion thereof, during or on which a violation occurs or continues. Notwithstanding the foregoing, a realtor, closer or inspector involved in a transfer of ownership shall not be deemed to have violated this chapter in the event that a transfer of ownership occurs in violation of this chapter, unless such realtor, closer or inspector is the transferor, grantor or seller. For the first conviction of GJMC 8.20.060, a person, firm or corporation shall not be fined in excess of $100.00 and no jail time shall be imposed.

(b)    Unless otherwise authorized, the operation of a wood stove or fireplace on a high pollution, “no burn” day is found and declared to be a nuisance against both the public and private individuals. It is the intent and the purpose of the City Council that private individuals aggrieved or injured by the unauthorized operation of a wood stove or fireplace on a high pollution, “no burn” day or days may cite a violation of this chapter or any regulation implementing this chapter as evidence of nuisance per se in support of any claim for damages and/or injunctive or other relief before a court of competent jurisdiction, including the Municipal Court. It is therefore found and declared that any written evidence of a violation of this chapter or any regulation implementing this chapter issued by an authorized agent for the City of Grand Junction, and served on any individual as required by law, shall constitute prima facie evidence of the violation of this chapter and/or any applicable regulation implementing this chapter, as well as prima facie evidence of a nuisance per se.

(c)    This section shall not confer a private right for an action against the City of Grand Junction for the endorsement of this chapter or for the enforcement of any regulation implementing this chapter.

(Amended during 2009 recodification; Ord. 2981, 2-19-97. Code 1994 § 16-138)

8.20.140 No duty created.

The provisions of this chapter shall not be construed to create any duty, other than as explicitly provided, of any realtor, inspector, closer or appraiser to ensure that the provisions of this chapter are satisfied, unless such realtor, inspector, closer or appraiser is the owner of the affected property.

(Ord. 2981, 2-19-97. Code 1994 § 16-139)

8.20.150 Wood stove incentive replacement fund.

Repealed by Ord. 4424.

(Code 1994 § 16-140)

8.20.160 Wood stove replacement grant program.

Repealed by Ord. 4424.

(Amended during 2009 recodification; Ord. 2981, 2-19-97; Adm. Reg. 97-01, 8-20-97)