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HomeMy WebLinkAbout09758 ORDINANCE NO. 9758 AN ORDINANCE AMENDING SECTION 12-3-30 OF CHAPTER 3 OF TITLE XII OF THE PUEBLO MUNICIPAL CODE RELATING TO ASSESSMENT AND COLLECTION OF COSTS TO REPAIR SIDEWALKS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 12-3-30 of Chapter 3 of Title XII of the Pueblo Municipal Code is amended to read as follows: Sec. 12-3-30. - Penalties; construction by City; assessment. (a) It shall be unlawful for any owner or agent in charge of any premises to fail, refuse or neglect to construct any sidewalk, driveway, curb, gutter or any combination thereof as required in any notice given under this Article, and within the time specified in such notice. Such failure, neglect or refusal shall be punishable as provided in Section 1- 2-1 of this Code. (b) Upon such failure, refusal or neglect of the owner or agent to construct such sidewalk, driveway, curb, gutter or any combination thereof within the time specified in such notice, the Director shall construct the same by day's work or by contract. (c) Upon completion of any such construction, the Director shall prepare a statement showing the whole cost of such construction, including an amount not exceeding fifteen percent (15%) additional for cost of inspection, collection, financing and other incidentals, \[and shall institute proceedings causing the same to be assessed against the property benefited or improved by such construction.\] and shall mail same to the owner of the property benefited or improved by such construction. The cost of such construction, including an amount not exceeding fifteen percent (15%) additional for cost of inspection, collection, financing and other incidentals, plus interest at the rate of ten percent (10%) per annum, shall be assessed against the property. The City may pursue all civil collection remedies and recover the amount of such assessment together with all collection expenses, including reasonable attorneys' fees and costs. In addition, upon recording a verified statement by the Mayor in the office of the County Clerk and Recorder to show such assessment 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 such lien shall remain in full force and effect until such assessment including interest have been paid in full. In case such assessment lien is not paid within six (6) months of recording, the assessment may be certified pursuant to the procedure set forth in Chapter 8 of Title VII of this Code to the county treasurer who shall collect the assessment, together with a ten percent (10%) 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 Section are cumulative. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW SECTION 3. This Ordinance shall become effective thirty days after the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 13, 2020 . Final adoption of Ordinance by City Council on July 27, 2020 . President of City Council Action by the Mayor: ☒ Approved on July 30, 2020 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-17 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 13, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Sam Vigil, P.E., Director of Public Works Robert P. Jagger, Sr. Asst. City Attorney SUBJECT: AN ORDINANCE AMENDING SECTION 12-3-30 OF CHAPTER 3 OF TITLE XII OF THE PUEBLO MUNICIPAL CODE RELATING TO ASSESSMENT AND COLLECTION OF COSTS TO REPAIR SIDEWALKS SUMMARY: The proposed Ordinance updates and clarifies the method and manner of collecting construction costs incurred by City to repair sidewalks where the adjacent property owner fails to timely make such repairs. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: Section 12-3-30, P.M.C., relates to assessment and collection of construction costs incurred by City to repair sidewalks where the adjacent property owner fails to timely make such repairs. This Section has not been amended since its adoption in 1957. The proposed Ordinance updates and clarifies the method and manner of collecting such costs including (a) providing for the right to pursue all civil collection remedies; (b) the right to create a lien for such costs and (c) the method and manner of certifying such cost to the county treasurer for collection in the same manner as other taxes are collected. FINANCIAL IMPLICATIONS: There are no substantial costs which will be incurred by City with respect to this proposed Ordinance, and same will aid in the collection of the construction costs incurred by City to repair sidewalks in these circumstances. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council could choose not to adopt this ordinance in which case the Ordinance will remain without the proposed updates and clarification of method and manner of collection. RECOMMENDATION: Pass and approve the proposed Ordinance. Attachments: Proposed Ordinance.