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ORDINANCE NO. 8926
AN ORDINANCE ELECTING TO CERTIFY ABATEMENT
ASSESSMENTS TO THE COUNTY TREASURER AND TO HAVE
THE COUNTY TREASURER COLLECT IN THE SAME MANNER
AS OTHER TAXES
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
Section 31-20-105 of the Colorado Revised Statutes and Chapter 8 of Title VII of the Pueblo
Municipal Code, hereby acknowledges receipt of the Report of Abatement Lien Assessments
dated September 10, 2015 attached hereto.
SECTION 2.
A hearing shall be held at 9:00 a.m. on October 7, 2015 in the City Council Chambers at
which time any protests or objections to the report may be heard. Any person interested in or
affected by 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 pursuant to P.M.C.
§7-8-3.
SECTION 3.
On October 13, 2015, City Council shall review and pass upon the recommendation of
the Hearings Officer and thereafter, may elect to cause any or all of the delinquent abatement
lien assessments set forth in the Report of Abatement Lien Assessments dated September 10,
2015, to be certified to the Pueblo County Treasurer and to be collected and paid over by the
Treasurer in the same manner as other taxes.
SECTION 4.
The Code Compliance Unit Supervisor is directed to thereafter prepare an Assessment
Roll, showing in suitable columns for each piece of land assessed: the property Parcel number,
assessed owner, complete mailing address and/or post office box number of the assessed
owner, complete and accurate legal description, and the amount to be collected, and deliver the
same to the Director of Finance. The Director of Finance is directed to thereafter certify and
deliver the Assessment Roll, together with a copy of this Ordinance certified by the City Clerk
under the seal of Pueblo, a Municipal Corporation, to the County Treasurer, therein showing all
payments made thereon, with the date of each payment, together with her warrant for the
collection of the same. The County Treasurer is requested to receipt for the same, and such
Assessment Roll shall be numbered as follows:
ASSESSMENT ROLL NO. 2015-1
SECTION 5.
The County Treasurer is requested to 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 is requested to 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 6.
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 7.
All monies received for the payment of assessments shall be deposited into General
Fund.
SECTION 8.
This Ordinance shall become effective on the date of final passage.
SECTION 9.
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 14, 2015
BY: Ed Brown
October 13, 2015
PASSED AND APPROVED:
City Clerkâs Office Item # R-1
Background Paper for Proposed Ordinance
September 14, 2015
COUNCIL MEETING DATE:
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Carla L. Sikes, Assistant City Attorney
SUBJECT: AN ORDINANCE ELECTING TO CERTIFY ABATEMENT
ASSESSMENTS TO THE COUNTY TREASURER AND TO HAVE THE
COUNTY TREASURER COLLECT IN THE SAME MANNER AS OTHER
TAXES
SUMMARY:
Attached is an Ordinance by which City Council is electing to certify to the County
Treasurer certain abatement liens that have remained unpaid for more than six months.
All abatement liens certified to the County Treasurer will be collected in the same
manner as other taxes.
PREVIOUS COUNCIL ACTION:
On September 14, 2015, City Council approved Ordinance No. 8916, which provides for
the assessment of abatement costs.
BACKGROUND
Currently, the City has over $600,000 in unpaid weed and trash abatement liens. The
liens result from costs actually incurred and paid by the City to remove weeds and trash
from the properties subject to the liens. All of the liens that the City seeks to certify to
the County Treasurer have been outstanding for more than six months. Most of the
liens have been pending for a period of years. Generally, the City may not recover the
amount owed for a weed or trash abatement lien unless and until the property affected
is sold or transferred. The majority of the liens are for relatively small amounts and
therefore, it is not cost effective to collect the amounts owed through civil litigation or
foreclosure.
Pursuant to Colorado Revised Statute §31-20-105, any municipality, in addition to the
means provided by law, if by ordinance it so elects, may cause any or all delinquent
charges, assessments, or taxes made or levied to be certified to the treasurer of the
county and be collected and paid over by the treasurer of the county in the same
manner as taxes are authorized to be collected. Certifying the weed and trash
abatement lien assessments to the County Treasurer is a more efficient method to
collect the amounts owed.
FINANCIAL IMPLICATIONS:
The cost of the weed and trash abatement has already been incurred by the City.
Certification of the abatement lien assessments to the County Treasurer is anticipated
to increase the amount collected by the City for the liens.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Council may choose to deny the ordinance in which case the City will continue to collect
the liens by other methods.
RECOMMENDATION
Approval of this Ordinance.
Attachments: Report of Abatement Lien Assessments dated September 10, 2015