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HomeMy WebLinkAbout08783 ORDINANCE NO. 8783 AN ORDINANCE RATIFYING ORDINANCE NO. 8654, REAFFIRMING THE FINDINGS OF CITY COUNCIL CONTAINED THEREIN, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE COSTS TO THE PUEBLO COUNTY TREASURER FOR COLLECTION ON THE 2014 TAX ROLLS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council of Pueblo, a Municipal Corporation, pursuant to the provisions of Chapter 9 of the Uniform Code for Abatement of Dangerous Buildings (“Code”), as adopted and amended by Chapter 13 of Title IV of the Pueblo Municipal Code, and after a hearing on the merits, found and determined that the cost of demolition and removal of certain dangerous buildings and other structures shall be levied, assessed and charged against the property upon which such demolition and removal work was performed, as set forth in Ordinance No. 8654 approved on November 11, 2013. SECTION 2. The findings and determinations set forth of City Council are hereby affirmed, and Ordinance No. 8654 approved on November 11, 2013 is hereby ratified. SECTION 3. The amount assessed against each lot or tract of land upon which demolition and removal work was performed is hereafter set forth after the description of each such lot or tract of land assessed. All property herein described lies within the corporate limits of Pueblo, a Municipal Corporation, and in the County of Pueblo and State of Colorado. PROPERTY DESCRIPTION OWNER & ASSESSMENT th 13-1.1 – 1600 West 12 Street Leonard E. Ingraham th 1600 West 12 Street Parcel #526408001 Pueblo, CO 81003 Lots 17-20, Block 17, Westside Sub, $25,484.69 City of Pueblo, County of Pueblo, State of Colorado Final Cost: st 13-1.2 – 612 East 1 Street Judi L. Anaya 7367 Tennyson Street Parcel #431233017 Westminster, CO 80030 Lots 7-10, Block 19, Mattices Sub, $17,066.04 City of Pueblo, County of Pueblo, State of Colorado Final Cost: th 13-1.4 – 1211 East 5 Street Stonecrest Income & Opportunity Fund I, LLC 4300 Stevens Creek Blvd Parcel #431112012 Suite 275 San Jose, CA 95129-1265 Lot 22, Block 4, East Pueblo Heights Sub, $10,059.38 City of Pueblo, County of Pueblo, State of Colorado Final Cost: 13-1.6 – 503 West Corona Avenue Normandy Realty Inc 220 Nelson Avenue Parcel #536319008 Pueblo, CO 81004-1228 Lots 7 & 8, Block 8, Delavan Place Sub, $42,665.28 City of Pueblo, County of Pueblo, State of Colorado Final Cost: 13-1.7 – 1501 Beech Street Deerfield Enterprises 121 E. Vermijo Avenue Parcel #432238008 Colorado Springs, CO 80903 Lots 21-24, Block 301, East Pueblo Heights Sub, $31,952.08 City of Pueblo, County of Pueblo, State of Colorado Final Cost: SECTION 4. The Director of Public Works shall prepare an Assessment Roll, showing in suitable columns each piece of land assessed, the amount of assessment for each parcel of property, the total amount of assessments, and the date when the assessment will become due, with suitable columns for use, in case of payment of the assessment or any penalty, and deliver the same duly certified to the Director of Finance for collection. SECTION 5. The Director of Finance shall certify and deliver the Assessment Roll, together with a copy of this Ordinance and Ordinance No. 8654, both certified by the City Clerk under the seal of Pueblo, a Municipal Corporation, to the County Treasurer, therein showing all paymnets made thereon, with the date of each payment, together with her warrant for the collection of the same. The County Treasurer shall receipt for the same, and such Assessment Roll shall be number as follows: ASSESSMENT ROLL NO. 2014-1 SECTION 7. The County Treasurer shall receive payment of all assessments and interest appearing upon said Assessment Roll. In case of default in payment of any assessment when due, the County Treasurer shall advertise and sell any and all property concerning which such default is suffered, for the payment of the whole of the unpaid assessments thereon. Said advertisements and sale shall be made at the same time, in the same manner, under all the said conditions and penalties, and with the same effect as are provided by general law for sales of real estate in default of payment of general taxes. SECTION 8. The owner of any divided or undivided interest in the property assessed may pay their share of any assessment upon producing evidence of the extent of their interest satisfactory to the officer having the roll in charge. SECTION 9. All monies received for the payment of assessments shall be deposited into Fund No. 250-0000-368.38-00, Demolition Cost Recovery Account. SECTION 10. This Ordinance shall become effective on the date of final passage. SECTION 11. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. INTRODUCED: September 22, 2014 BY: Ed Brown COUNCILPERSON PASSED AND APPROVED: October 14, 2014 City Clerk’s Office Item # R-7 Background Paper for Proposed Ordinance September 22, 2014 COUNCIL MEETING DATE: TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, P.E. – Director of Public Works SUBJECT: AN ORDINANCE RATIFYING ORDINANCE NO. 8654, REAFFIRMING THE FINDINGS OF CITY COUNCIL CONTAINED THEREIN, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE COSTS TO THE PUEBLO COUNTY TREASURER FOR COLLECTION ON THE 2014 TAX ROLLS SUMMARY: Attached is an Ordinance ratifying Ordinance No. 8654, reaffirming the findings and determinations made by City Council therein relating to the cost incurred by the City to demolish certain buildings within the City of Pueblo, and directing the Director of Finance to certify the costs to the Pueblo County Treasurer for collection on the 2014 tax rolls. PREVIOUS COUNCIL ACTION: City Council approved Ordinance No. 8654 on November 11, 2013 setting forth its findings and determinations relating to the cost incurred by the City to demolish certain buildings within the City of Pueblo as presented by Public Works during a public hearing on the matter. Property owners affected by the Ordinance were directed to make payment of the amounts determined to the Director of Finance within 30 days. City Council directed the Director of Finance to certify all costs remaining unpaid upon the expiration of the 30 days to the Pueblo County Treasurer for inclusion on the 2013 tax rolls. BACKGROUND The Director of Public Works and Director of Finance completed all tasks required pursuant to Ordinance 8654. Due to the timing of the passage of Ordinance 8654, the City was not able to certify the Assessment Roll to the Pueblo County Treasurer by the November 1, 2013 deadline. Accordingly, the Pueblo County Treasurer was unable to add the Assessment Roll to the 2013 tax rolls for collection. The Pueblo County Treasurer requested that the City pass a new ordinance directing that the costs be placed on the 2014 tax rolls. FINANCIAL IMPLICATIONS: The cost of demolition, removal, and incidentals has been advanced by the CDBG Fund budgeted for the removal of dangerous structures. All proceeds from the collection of assessments will reimburse said fund. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: Prior to passage of Ordinance No. 8654, all affected property owners were provided an opportunity to participate in a public hearing and to present any and all evidence in opposition to inclusion of their property on the Assessment Roll. ALTERNATIVES: Council may choose to deny the ordinance which will cause the City to seek reimbursement of the demolition costs in another manner. RECOMMENDATION Approval of this Ordinance. Attachments: Ordinance No. 8654 Substituted Copy: 9/18/13 As Amended 11/11/13 ORDINANCE NO.8654 ANORDINANCEASSESSINGTHECOSTOFDEMOLITION ANDREMOVALOFDANGEROUSBUILDINGSANDOTHER STRUCTURESUPONLANDLOCATEDWITHINTHECITYOF PUEBLO FOR 2011 AND 2012 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. TheCityCouncilofPueblo,aMunicipalCorporation,pursuanttotheprovisionsof Chapter9oftheUniformCodeforAbatementofDangerousBuildings(Code),asadoptedand amendedbyChapter13ofTitleIVofthePuebloMunicipalCode,herebyfindsanddetermines thatthecostofdemolitionandremovalofcertaindangerousbuildingsandotherstructuresshall belevied,assessedandchargedagainstthepropertyuponwhichsuchdemolitionandremoval work was performed. SECTION 2. Theamountassessedagainsteachlotortractoflanduponwhichdemolitionand removalworkwasperformedishereaftersetforthafterthedescriptionofeachsuchlotortract oflandassessed.AllpropertyhereindescribedlieswithinthecorporatelimitsofPueblo,a Municipal Corporation, and in the County of Pueblo and State of Colorado. PROPERTY DESCRIPTIONOWNER & ASSESSMENT 13-1.1 1600 West 12 th Street Leonard E. Ingraham 1600 West 12 th Street Parcel #526408001Pueblo, CO 81003 Lots 17-20, Block 17, Westside Sub, $25,484.69 City of Pueblo, County of Pueblo, State of ColoradoFinal Cost: 13-1.2 612 East 1 st Street Judi L. Anaya 7367 Tennyson Street Parcel #431233017Westminster, CO 80030 Lots 7-10, Block 19, Mattices Sub, City of Pueblo, County of Pueblo, State of ColoradoFinal Cost:$17,066.04 -1.4 1211 East 5 13 th StreetStonecrest Income & Opportunity Fund I, LLC 4300 Stevens Creek Blvd Parcel #431112012Suite 275 San Jose, CA 95129-1265 Lot 22, Block 4, East Pueblo Heights Sub, $10,059.38 City of Pueblo, County of Pueblo, State of ColoradoFinal Cost: 13-1.6 503 West Corona Avenue Normandy Realty Inc John Charles Harrison 220 Nelson Avenue Parcel #536319008Pueblo, CO 81004-1228 Lots 7 & 8, Block 8, Delavan Place Sub, $42,665.28 City of Pueblo, County of Pueblo, State of ColoradoFinal Cost: 13-1.7 1501 Beech Street Miguel Acosta 1101 EOrmanAvenue Parcel #432238008Pueblo, CO 81004 Lots 21-24, Block 301, East Pueblo Heights Sub, $31,952.08 City of Pueblo, County of Pueblo, State of ColoradoFinal Cost: SECTION 3. TheDirectorofPublicWorksshallprepareanAssessmentRoll,showinginsuitable columnseachpieceoflandassessed,theamountofassessmentforeachparcelofproperty, thetotalamountofassessments,andthedatewhentheassessmentwillbecomedue,with suitablecolumnsforuse,incaseofpaymentoftheassessmentoranypenalty,anddeliverthe same duly certified to the Director of Finance for collection. SECTION 4. Allassessmentshereinshallbedueandpayableinfullwithinthirty(30)daysafter September9,2013,withoutdemand.IntheexerciseofitsdiscretionunderoftheCode, the Council has determined not to allow payment of such assessments in installments. SECTION 5. Failuretopayanyassessmentwhendue,shallcausethewholeoftheunpaidprincipal oftheassessmenttobecomedueandcollectibleimmediatelyandthewholeamountofthe unpaidprincipalshallthereafterdrawinterestattherateofonepercent(1%)permonthor fraction of a month until the date of sale. SECTION 6. PaymentmaybemadetotheDirectorofFinanceatanytimewithinthirty(30)daysafter thefinalpassageofthisOrdinance,butnotthereafter.Attheexpirationofsaidthirty(30)day period,theDirectorofFinanceshallcertifyanddelivertheAssessmentRoll,togetherwitha copyofthisOrdinancecertifiedbytheCityClerkunderthesealofPueblo,aMunicipal Corporation,totheCountyTreasurer,thereinshowingallpaymentsmadethereon,withthedate ofeachpayment,togetherwithhiswarrantforthecollectionofthesame.TheCountyTreasurer shall receipt for the same, and such Assessment Roll shall be numbered as follows: ASSESSMENT ROLL NO. 2013-1 SECTION 7. TheCountyTreasurershallreceivepaymentofallassessmentsandinterestappearing uponsaidAssessmentRoll.Incaseofdefaultinpaymentofanyassessmentwhendue,the CountyTreasurershalladvertiseandsellanyandallpropertyconcerningwhichsuchdefaultis suffered,forthepaymentofthewholeoftheunpaidassessmentsthereon.Saidadvertisements andsaleshallbemadeatthesametime,inthesamemanner,underallthesaidconditionsand penalties,andwiththesameeffectasareprovidedbygenerallawforsalesofrealestatein default of payment of general taxes. SECTION 8. Theownerofanydividedorundividedinterestinthepropertyassessedmaypaytheir shareofanyassessmentuponproducingevidenceoftheextentoftheirinterestsatisfactoryto the officer having the roll in charge. SECTION 9. AllmoniesreceivedforthepaymentofassessmentsshallbedepositedintoFundNo. 250-0000-368.38-00, Demolition Cost Recovery Account. SECTION10. TheofficersandstaffoftheCityaredirectedandauthorizedtoperformanyandallacts consistentwiththeintentofthisOrdinancetoeffectuatethepoliciesandproceduresdescribed herein. SECTION 11. This Ordinance shall become effective on the date of final passage. INTRODUCED:August 26, 2013 BY:Sandy Daff PASSED AND APPROVED:November 11, 2013