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HomeMy WebLinkAbout08486ORDINANCE NO. 8486 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE I AND CHAPTER 3 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE RELATING TO SERVICE BY MAIL AND SERVICE OF NOTICES OF VIOLATION CONCERNING REAL AND PERSONAL PROPERTY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 1-1-11 of Chapter 1 of Title I, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 1-1-11 Notice; procedure; manner of service. Except as otherwise provided in this Code, whenever notice to a party to do or not to do some act is required or permitted, the following rules shall govern: . . . (6) Service by mail. If service is had by mail, the City Clerk, the director of the department charged with the giving of such notice or his or her chief clerk or secretary first class and shall send by certified mail, requesting a return receipt signed by the person to be served, or any person upon whom personal service could be made on his or her behalf, a copy of the notice addressed to such person at his or her usual place of [ abode or his or her usual place of business. Such service shall be complete on the date of the signing of a certificate in proof thereof, together with such signed return receipt attached thereto. Return of the return receipt to the sender with the notation that such mail was refused shall be conclusive evidence that the person to whom it was ]upon receipt of a signed return receipt, addressed has received proper notification. upon receipt of the return receipt or certified letter marked refused, or three (3) days after receipt of the return receipt or certified mail marked unclaimed. . . . SECTION 2. Section 7-3-18 of Chapter 3, Title VII, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 7-3-18 Notice by mail. In addition to those methods of service in Section 1-1-11 of this Code, any notice on the owner or occupant of the property required by any provision of this Article may be served by: (a) Posting notice on the real property specifically affected by the notice. Service by posting the property shall be complete ten (10) days from the date of posting such notice; and (b) Mailing notice via first class and certified mail, return receipt requested. If service is by mail, such service shall be complete upon receipt of a signed return receipt, upon receipt of the return receipt or certified letter marked refused, or three (3) days after receipt of the return receipt or certified mail marked unclaimed. SECTION 3. Section 7-3-45 of Chapter 3 of Title VII, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 7-3-45. Notice by mail. In addition to those methods of service set forth in Section 1-1-11 of this Code, first class and any notice required by any provision of this Article may be served by certified mail, return receipt requested, delivered to the addressee only. Service shall be [ complete on the date the addressee signs the return receipt, or refuses to accept delivery of the letter. The addressee’s refusal shall be presumed from the return of the ]upon letter evidencing a notation by the postal authorities that service was refused. receipt of a signed return receipt, upon receipt of the return receipt or certified letter marked refused, or three (3) days after receipt of the return receipt or certified mail marked unclaimed. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: May 29, 2012 BY: Chris Nicoll COUNCIL PERSON PASSED AND APPROVED: June 11, 2012 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-4 May 29, 2012 DEPARTMENT: Law Department Thomas J. Florczak, City Attorney TITLE AN ORDINANCE AMENDING CHAPTER 1 OF TITLE I AND CHAPTER 3 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE RELATING TO SERVICE BY MAIL AND SERVICE OF NOTICES OF VIOLATION CONCERNING REAL AND PERSONAL PROPERTY ISSUE Should the notice by mail provisions of Title I and Title VII be amended? RECOMMENDATION Approve the Ordinance. BACKGROUND One of the obstacles faced by Code Enforcement is obtaining service of the notice of violation and order to correct (“Notice and Order”) on owners and occupants of property. Currently, Code Enforcement may serve the Notice and Order via certified mail. However, the City’s existing ordinances only considers service effective if the person affirmatively signs or refuses the certified letter. Oftentimes, owners and occupants will simply not pick up the certified letter. Certified letters that are returned with the notation “unclaimed” are not deemed served. Therefore, Code Enforcement’s citations for failure to comply with the Notice and Order are sometimes quashed by the Municipal Court for inadequate service of the Notice and Order. Amending the Code to allow the posting of notice upon the property in the case of Litter violations will allow Code Enforcement to hold more owners and occupants responsible for the condition of their property. In addition, mailing the Notice and Order for any Code violations first class and by certified mail will prevent owners and occupants from avoiding accountability simply by not claiming the certified mail. Under the proposed amendments, an owner or occupant would be deemed served three (3) days after the return of a certified mail marked “unclaimed.” By this time, the person should have received the Notice and Order via first class mail advising them of the violation and their opportunity to dispute it. FINANCIAL IMPACT None.