Severability Clauses in Denver Municipal Code
In Denver, Colorado, severability clauses are a standard provision in ordinances and the municipal code that preserves the remainder of a law if one part is found invalid. Understanding how severability operates helps residents, businesses, and officials know whether an invalidated clause nullifies an entire ordinance or only the problematic portion. This guide explains where severability language commonly appears in Denver’s controlling texts, who enforces ordinance compliance, and practical steps to respond when a provision is challenged or struck down by a court. For the controlling text of local ordinances, consult the official Denver code and charter resources referenced below Denver Code of Ordinances[1].
What is a severability clause?
A severability clause is typically a short paragraph placed near the end of an ordinance or in general provisions stating that if any section, sentence, clause, or phrase is held invalid, the remainder remains in effect. In Denver, this language appears in many ordinances and in the charter or code's general provisions; exact wording varies by ordinance. Where an ordinance lacks explicit severability language, courts may apply presumptions of separability depending on legislative intent and whether the remaining provisions can function independently.
Penalties & Enforcement
Severability clauses themselves do not create penalties; they affect whether penalties tied to specific provisions survive if a court invalidates those provisions. For penalties tied to an ordinance provision, the municipal code and the enforcing department determine fines, escalation, and non-monetary sanctions. Specific fine amounts or escalation rules for an ordinance are dependent on the ordinance text or the enforcement regulation cited by the responsible department; where an ordinance or enforcement page does not list amounts, those figures are not specified on the cited page and must be confirmed with the issuing department or the municipal code.Denver Community Planning and Development[2]
- Fines: amounts and daily accruals are set by the specific ordinance or administrative rule; if not stated, they are not specified on the cited page.
- Escalation: first offence, repeat, and continuing violations are handled per the ordinance or applicable enforcement policy; ranges may not be published on the code page.
- Non-monetary sanctions: orders to comply, abatement, permit suspension, or court action can be imposed depending on the subject matter and enforcing office.
- Enforcer: the responsible department (for zoning, typically Community Planning and Development; for licensing or code compliance, the relevant Denver department) issues notices, inspects, and pursues enforcement.
Appeals, Reviews, and Time Limits
- Appeals: procedures and deadlines for administrative appeals or judicial review depend on the ordinance and enforcing department; exact time limits are listed in the enforcement notice or the ordinance and are not specified on the cited general code page.
- Review routes: internal administrative appeal, municipal hearing, or district court review are common paths; consult the enforcing department for the precise route.
- Defences: common defences include showing a reasonable excuse, reliance on a permit or variance, or demonstrating severability of the challenged provision.
Applications & Forms
Applications, permits, and appeal forms are issued by the enforcement department handling the ordinance. Where a specific form number or fee is required, that information appears on the department’s official page or the ordinance itself; if not published, the form or fee is not specified on the cited page and you should contact the department for current forms and fee schedules.
How severability works in practice
When a provision is challenged in court, judges examine whether the invalid provision can be severed without defeating the legislative purpose. Courts look to express severability language, the independence of the remaining provisions, and whether the legislative intent indicates the ordinance would have been adopted absent the invalid portion.
FAQ
- Does every Denver ordinance include a severability clause?
- Not always; many do, but wording varies and some older or narrow ordinances may lack an explicit clause.
- If a clause is struck down, are enforcement actions automatically void?
- No; enforcement tied exclusively to the invalidated clause may not survive, but other independent provisions and penalties can remain enforceable.
- Where can I read the authoritative ordinance text?
- The official consolidated Denver municipal code and individual ordinance texts are available through the city’s official code publisher and municipal department pages; see resources below.
How-To
- Identify the ordinance and the exact provision you believe is affected by a court decision or invalidation.
- Obtain the authoritative ordinance text from the official municipal code publisher or the issuing department.
- Contact the enforcing department for guidance on enforcement status, forms, or appeal deadlines.
- If needed, consult the City Attorney or seek legal counsel to evaluate a challenge or to file an appeal within the stated time limits.
Key Takeaways
- Severability clauses aim to preserve the remainder of an ordinance when part is invalidated.
- Penalties for invalidated provisions may be void, but enforcement of independent provisions can continue.
Help and Support / Resources
- Denver Code of Ordinances (official code publisher)
- Denver Community Planning and Development
- City and County of Denver official government site