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ORDINANCE NO. 9189
AN ORDINANCE ELECTING TO CERTIFY ABATEMENT
ASSESSMENT ROLL NO. 2017-1 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 October
13, 2017 attached hereto.
SECTION 2.
A hearing was held at 9:00 a.m. on September 15, 2017 in the City Council Chambers at
which time any protests or objections to the lien assessments were heard. Any person interested
in or affected by a proposed charge and who filed a written protest with the City Clerk on or before
5:00 p.m. on September 12, 2017 had the ability to present testimony and evidence at the hearing.
The Hearings Officer has issued recommended findings and order.
SECTION 3.
City Council has reviewed the recommended findings and order of the Hearing Officer
dated September 20, 2017. City Council hereby adopts the findings and order of the Hearing
Officer and elects to cause any or all of the delinquent abatement lien assessments set forth in
the Report of Abatement Lien Assessments dated October 13, 2017, 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. 2017-1
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.
Any person may pay the City for any assessment hereby certified on the Report of
Abatement Lien Assessments dated October 13, 2017, with accrued interest and applicable filing
fees, up to the date the Report is certified to the County Treasurer. The Report of Abatement
Lien Assessments dated October 13, 2017 may be certified to the County Treasurer any time
after October 23, 2017. Any such payments shall be made at the City of Pueblo Finance
Department. All monies received for the payment of assessments shall be deposited into General
Fund.
SECTION 7.
This Ordinance shall become effective on the date of final passage.
SECTION 8.
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 25, 2017
BY: Ed Brown
PASSED AND APPROVED: October 23, 2017
City Clerk’s Office Item # R-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
September 25, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Lisa Macchietto, Assistant City Attorney
SUBJECT: AN ORDINANCE ELECTING TO CERTIFY ABATEMENT ASSESSMENT ROLL
NO. 2017-1 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. 8917, which provides for the
assessment of abatement costs. On October 13, 2015, City Council approved Ordinance No.
8926, which certified Assessment Roll No. 2015-1. On December 14, 2015, Council approved
Ordinance No. 8953, which certified Assessment Roll No. 2016-1. On September 26, 2016, City
Council approved Ordinance No.’s 9043 and 9044 which certified Assessment Roll No.’s 2016-2
and 2016-3, respectively. On August 14, 2017, City Council approved Resolution No. 13747
which set the date for the most recent lien abatement hearing as September 15, 2017 and directed
the City Manager to appoint a hearings officer.
BACKGROUND
In or about July 2015, City Council became aware that the City had over $600,000 in unpaid weed
and trash abatement liens. In the past, the City did not generally recover the amount owed for a
weed or trash lien unless and until the property affected was sold or transferred. The majority of
the outstanding liens are for relatively small amounts and therefore, it is not cost effective to collect
the amounts owed through civil litigation or foreclosure.
All of the outstanding liens resulted 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 by this Ordinance have been outstanding for more than six months.
Most of the liens have been pending since late 2015 and throughout 2016.
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 October 13, 2017 and Ruling
on Protests.