HomeMy WebLinkAbout08917ORDINANCE NO. 8917
AN ORDINANCE AMENDING CHAPTER TITLE VII OF THE
PUEBLO MUNICIPAL CODE TO PROVIDE CONSISTENT
NOTICE REQUIREMENTS AND ADDITIONAL METHODS
FOR COLLECTING COSTS OF ABATEMENT AND
PROVIDING PENALTIES THEREFOR
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 7-1-3 of Chapter 1, Title 7, Pueblo Municipal Code, as amended, is
hereby amended to read as follows:
Sec. 7-1-3. Cost of abatement.
. . . . . .
(b) In all cases where the City Manager, fire Chief or Health officer shall incur
any expense for abating any nuisance found upon any lot or premises, the expense of
plus interest at the
such abatement plus twenty-five percent (25%) for incidental costs
\[\]\[\]
rate of ten percent (10%) per annum shallassessed
maybe charged against the
lot or premises upon or on account of which such expense was incurred, or from which
such nuisance was abated, removed or corrected. A bill for such expense shall be
, occupant,
mailed to the owner or the person who shall have caused or permitted the
condition to exist. The cost of such abatement, removal or correction and such
incidental costs, plus interest at the rate of ten percent (10%) per annum, shall be
\[\]
assessedjointly and severally and occupant
charged against the owner of such
\[\]
property, and the person who shall have caused or permitted the condition
land
to exist, if different. The City may pursue all civil collection remedies and recover
the amount of such charges together with all collection expenses, including
\[\]
reasonable attorneys’ fees and costs. In addition,
andupon recording in the
County Clerk and Recorder’s office of a statement under oath of the City Manager
\[\]
propertyassessment
showing the cost thereof and describing the land, such
\[\]\[\]
and constituteproperty
charge shall be a perpetual lien on the land having priority
over all other liens, except general tax liens, and such lien shall remain in full force and
\[
effect until such charges and interest have been paid in full. In addition to the lien
created in this Section, such charges shall be a charge jointly and severally, against the
owner and occupant of such land and against any person who caused or permitted such
nuisance, and the City may pursue a civil judgment for the same along with attorneys
\]
In case such assessment lien is not paid
fees, costs of suit and costs of collection.
within six months of recording, the assessment may be certified by the City Clerk
to the county treasurer who shall collect the assessment, together with a ten
percent penalty for cost of collection, in the same manner as other taxes are
collected. The laws of this state for assessment and collection of general taxes,
including the laws for the sale and redemption of property for taxes, shall apply
to the collection of such assessments. All remedies provided in this Chapter are
cumulative.
SECTION 2.
Section 7-3-5 of Chapter 3, Title 7, Pueblo Municipal Code, as amended, is
hereby amended as follows:
Sec. 7-3-5. Unlawful not to remove, charges, lien.
. . . . . . .
(b) If the owner or occupant of such real property is given notice of not less
than ten (10) days, and shall fail or refuse to remove all such debris, trash, litter and
rubbish from such property and dispose of the same, the City Manager is authorized to
abatement and
cause the removal of such litter, debris, trash and rubbish from said
abatement and
real property. The cost of such removal plus twenty-five percent (25%)
for incidental costs plus interest at the rate of ten percent (10%) per annum shall be
or the occupantA bill for
charged against the property or the owner of such property.
such expense shall be mailed to the owner or occupant of the property. The cost
of such abatement and removal and such incidental costs, plus interest at the
rate of ten percent (10%) per annum, shall be assessed jointly and severally
against the owner and occupant of such property. The City may pursue all civil
collection remedies and recover the amount of such charges together with all
collection expenses, including reasonable attorneys’ fees and costs.In addition,
\[\]
u
Upon recording a verified statement by the City Manager in the office of the County
assessment
Clerk and Recorder to show such costs and describing the property, such
\[\]\[\]\[
having
charge shall be and constitute a perpetual lien on the property. Such lien
\]
full
shall have priority over all other liens except general tax liens and shall remain in
force andIn case such
effect until such charges and interest have been paid in full.
assessment lien is not paid within six months of recording, the assessment may
be certified by the City Clerk to the county treasurer who shall collect the
assessment, together with a ten percent penalty for cost of collection, in the
same manner as other taxes are collected. The laws of this state for assessment
and collection of general taxes, including the laws for the sale and redemption of
property for taxes, shall apply to the collection of such assessments. All
remedies provided in this Chapter are cumulative.
SECTION 3.
Section 7-3-18 of Chapter 3, Title 7, Pueblo Municipal Code, as amended, is
hereby amended 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:
(1) 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
\[\]
or
posting such notice; and
(2) 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, orthree (3) days after receipt of the return receipt or certified mail
marked unclaimed.
SECTION 4.
Section 7-3-42 of Chapter 3, Title 7, Pueblo Municipal Code, as amended, is
hereby amended as follows:
If the owner or occupant of any premises upon which a junked vehicle exists fails
to have such vehicle lawfully disposed of within ten (10) days after the date of said
\[\]
abate the nuisance byremoving
notice, the City Manager is authorized to remove
\[\]
storing
and store said vehicle, by contract or otherwise, in such a manner as he or
\[
she may deem in the best interest of the City. Any expense incurred by the City in so
doing shall be a charge and lien upon the property upon which said vehicle exists and
shall be collected as a special assessment in the same manner as other special
\]
The cost of such abatement and removal plus twenty-five percent
assessments.
(25%) for incidental costs plus interest at the rate of ten percent (10%) per annum
shall be charged against the property or the owner or the occupant of such
property. A bill for such expense shall be mailed to the owner or occupant of the
property. The cost of such abatement and removal and such incidental costs,
plus interest at the rate of ten percent (10%) per annum, shall be assessed jointly
and severally against the owner and occupant of such property. The City may
pursue all civil collection remedies and recover the amount of such charges
together with all collection expenses, including reasonable attorneys’ fees and
costs. In addition, upon recording a verified statement by the City Manager in the
office of the County Clerk and Recorder to show such costs and describing the
property, such assessment shall be and constitute a perpetual lien on the
property having priority over all other liens except general tax liens and shall
remain in full force and effect until such charges and interest have been paid in
full. In case such assessment lien is not paid within six months of recording, the
assessment may be certified by the City Clerk to the county treasurer who shall
collect the assessment, together with a ten percent penalty for cost of collection,
in the same manner as other taxes are collected. The laws of this state for
assessment and collection of general taxes, including the laws for the sale and
redemption of property for taxes, shall apply to the collection of such
assessments. All remedies provided in this Chapter are cumulative.
SECTION 5.
Section 7-3-45 of Chapter 3, Title 7, Pueblo Municipal Code, as amended, is
hereby amended as follows:
In addition to those methods of service set forth in Section 1-1-11 of this Code,
\[
:
any notice required by any provision of this Article may be served byfirst class and
certified mail, return receipt requested, delivered to the addressee only. Service shall
be complete upon receipt of a signed return receipt, upon receipt of the return receipt or
certified letter marked refused, or three (3) days after receipt of the return receipt or
\]
certified mail marked unclaimed.
(1) 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; or
(2) 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 receipt of the return receipt or certified mail marked unclaimed.
SECTION 6.
Section 7-4-3 of Chapter 4, Title 7, Pueblo Municipal Code, as amended, is
hereby amended as follows:
. . . . . .
In addition to those methods of service set forth in Section 1-1-11 of
(b)
this Code, any notice required by any provision of this Article may be served by:
\[
A notice to cut, destroy or remove weeds may be served by personal service on the
ownerby certified mail addressed to the owner and mailed to the owner’s last known
address, or if the land is vacant and unimproved by posting such notice on the land. If
service of a notice is by mail, such service shall be complete three (3) days from the
date of mailing such notice. If service is by posting the land, such service shall be
\]
complete ten (10) days from the date of posting such notice.
(1) 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; or
(2) 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 receipt of the return receipt or certified mail marked unclaimed.
SECTION 7.
Section 7-4-4 of Chapter 4, Title 7, Pueblo Municipal Code, as amended, is
hereby amended as follows:
Sec. 7-4-4. Removal or destruction by City.
abate,
The City Manager may cut, cause to be cut or destroyed and remove
or
weeds in excess of ten (10) inches in height from any land within the City if the owner
occupantabate,
of said property has failed to cut, destroy or remove said weeds within
ten (10) days of service of a notice directing him or her to do so. The cost of such
abating,
cutting or removal, together with twenty-five (25%) thereof, or one hundred
dollars ($100.00), whichever is greater, for administrative and incidental costs, plus
\[\]
assessed
interest at the rate of ten percent (10%) per annum, shall be charged
\[\]
the property, oror the occupantproperty. A bill
against the owner of such land
for such expense shall be mailed to the owner or occupant of the property. The
cost of such abatement and removal and such incidental costs, plus interest at
the rate of ten percent (10%) per annum, shall be assessed jointly and severally
against the owner and occupant of such property. The City may pursue all civil
collection remedies and recover the amount of such charges together with all
collection expenses, including reasonable attorneys’ fees and costs. In addition
,
\[\]
a verified statement by the City Manageroffice of the
and upon recording in the
\[
County Clerk and Recorder’s office of a statement under oath of the City Manager
\]\[\]\[\]
to show such costsproperty
showing the cost thereof and describing the land,
\[\]
assessment
such charge shall be and constitute a perpetual lien on the land having
priority over all other liens, except general tax liens, and such lien shall remain in full
\[
force and effect until such charges and interest have been paid in full. In addition to
the lien created hereunder, such charges are a charge against the owner of such land
and, as such, the City may pursue all civil collection remedies and recover the amount
of such charges together with all collection expenses, including reasonable attorney
\]
In case such assessment lien is not paid within
fees, from the owner of such land.
six months of recording, the assessment may be certified by the City Clerk to the
county treasurer who shall collect the assessment, together with a ten percent
penalty for cost of collection, in the same manner as other taxes are collected.
The laws of this state for assessment and collection of general taxes, including
the laws for the sale and redemption of property for taxes, shall apply to the
collection of such assessments. All remedies provided in this Chapter are
cumulative.
SECTION 8.
Title 7, Pueblo Municipal Code, as amended, is hereby amended by the addition
of the following Chapter:
CHAPTER 8
Assessment of Abatement Costs
Sec. 7-8-1. Account of Expense, Filing of Report
Whenever the City has authority pursuant to this Title to certify assessed
amounts to the County Treasurer for collection, the City shall keep an itemized
account of the expenses incurred by it for the removal, disposal or abatement of
nuisances or other non-compliant property conditions. Upon the City’s election
to certify assessments to the County Treasurer, the City shall prepare and file
with the City Clerk a report specifying the work done, the itemized and total cost
of the work, a description of the real property upon which the work was
completed, and the names and address of the persons who have recorded
interests in the property.
Sec. 7-8-2. Notice of Hearing
Upon receipt of the report, the City Clerk shall present it to City Council for
consideration. City Council shall fix a time, date and place for a hearing at which
any protests or objections to the report may be heard. The City Clerk shall cause
notice of said hearing to be posted upon the property involved, published once in
a newspaper of general circulation within the City, and served by certified mail,
postage prepaid addressed to the owner of the property as the owner’s name and
address appears on the last assessment roll of the county, if such so appears, or
as known to the City Clerk. Such notice shall be given at least ten (10) days prior
to the date set for the hearing and shall specify the day, hour and place when the
hearing shall be held and when City Council shall pass upon the City’s report and
the recommendations of the Hearings Officer relating to any objections or
protests which may be filed as herein after provided by any person interested in
or affected by the proposed charge.
Sec. 7-8-3. Protests and Objections
Any person interested in or affected by the proposed charge may file
written protests or objections with the City Clerk no later than forty-eight (48)
hours prior to the time set for the hearing on the report. Each such protest or
objection must be in writing, contain a description of the property in which the
signer thereof is interested, a description of the signer’s interest in the property,
and the grounds for such protest or objection. The City Clerk shall endorse on
every such protest or objection the date of receipt. The City Clerk shall present
such protests or objections to the Hearings Officer. No protests or objections
will be accepted later than forty-eight (48) hours prior to the hearing.
Sec. 7-8-4. Hearings Officer
City Council may appoint by Resolution, or direct the City Manager to
appoint a Hearings Officer to preside over the hearing. Hearings shall be
conducted in accordance with the procedures outlined in this Chapter. Where
this Chapter does not address a procedural issue, the procedures in Chapter 7,
Title I, Pueblo Municipal Code shall apply unless the same are clearly
inconsistent with the provisions of this Chapter.
Sec. 7-8-5. Hearing of Protests and Objections
On the day and hour fixed for the hearing, the Hearings Officer shall hear
the report of the City together with any protests or objections timely filed and
properly before the Hearings Officer. The Hearings Officer shall make findings of
fact and issue a written recommendation to City Council confirming the lien
and/or assessed amounts contained in the City’s report, suggesting revisions,
corrections or modifications to the lien and/or assessed amounts, or rejecting the
lien and/or assessed amounts contained in the City’s report. The
recommendation of the Hearings Officer shall be presented to City Council at the
next regular City Council meeting.
Sec. 7-8-6. City Council Review of Recommendation
City Council shall review and pass upon the recommendation of the
Hearings Officer. City Council may accept or reject, in whole or in part, the
recommendation of the Hearings Officer. By accepting the recommendation of
the Hearings Officer, City Council shall confirm the charges set forth in the City’s
report and the findings of the Hearings Officer with regard to any protests or
objections. All recommendations of the Hearing Officer, as accepted and
confirmed by City Council, and decisions of City Council regarding the same
shall be final and conclusive.
Sec. 7-8-7. Report to Assessor and Tax Collector: Addition of Assessment to Tax
Bill and Collection of Assessment
After confirmation of the report, City Council may order that the charges be
assessed against the property. It shall confirm the assessment and cause the
same to be recorded on the assessment roll. Certified copies of the assessment
shall be given to the County assessor and the tax collector, who shall add the
amount of the assessment to the next regular tax bill levied against the parcel for
municipal purposes. The amount of the assessment shall be collected, together
with a ten percent penalty for cost of collection, at the same time and in the same
manner as other taxes are collected. The laws of this state for assessment and
collection of general taxes, including the laws for the sale and redemption of
property for taxes, shall apply to the collection of such assessments.
SECTION 9.
Any person who violates Title VII of the Pueblo Municipal Code as amended
hereby or violates this Ordinance as related thereto, shall be guilty of a municipal
offense and shall be punished as provided by Sections 7-1-1(d), 7-3-5(a), 7-3-16, 7-4-2,
and 7-4-5, Pueblo Municipal Code, as amended.
SECTION 10.
The officers of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and to effectuate the policies and
procedures described herein.
SECTION 11.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: August 24, 2015
BY: Dennis Flores
PASSED AND APPROVED: September 14, 2015
City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 24, 2015
TO: President Steve Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Carla Sikes, Assistant City Attorney
SUBJECT: AN ORDINANCE AMENDING TITLE VII OF THE PUEBLO MUNICIPAL CODE
TO PROVIDE CONSISTENT NOTICE REQUIREMENTS AND ADDITIONAL
METHODS FOR COLLECTING COSTS OF ABATEMENT AND PROVIDING
PENALTIES THEREFOR
SUMMARY:
Attached is an Ordinance amending several sections of Title VII of the Pueblo Municipal Code
to provide for additional methods for collecting the costs incurred by the City for the abatement
of nuisances.
PREVIOUS COUNCIL ACTION:
There has been no previous Council action.
BACKGROUND:
Currently, the City may abate a nuisance and place a lien on the affected property in the amount
of the costs of the abatement plus incidental costs and interest. These liens remain outstanding
until the property is sold or otherwise transferred. The City currently has approximately
$600,000 in outstanding nuisance related liens.
On August 10, 2015, the City Council directed staff to draft an ordinance amending the Pueblo
Municipal Code to allow the outstanding liens to be assessed on the property tax rolls pursuant
to the authority granted to the City by C.R.S. § 31-15-401 and § 31-20-105.
FINANCIAL IMPLICATIONS:
The City hopes to collect the outstanding lien amounts.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Members of the public are the primary stakeholders affected by the proposed Ordinance
revision.
ALTERNATIVES:
Council can vote not to approve the proposed Ordinance.
RECOMMENDATION:
Approval of this Ordinance.
Attachments:
None.