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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.