HomeMy WebLinkAbout09930ORDINANCE NO. 9930
AN ORDINANCE AMENDING TITLE IV OF THE PUEBLO
MUNICIPAL CODE BY THE ADDITION OF A NEW
CHAPTER 9 CONCERNING VACANT BUILDINGS IN THE
CITY OF PUEBLO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicating matter being added)
SECTION 1.
Title IV of the Pueblo Municipal Code is hereby amended by the addition of a new
Chapter 9, to read as follows:
CHAPTER 9 - Vacant Buildings.
Sec. 4-9-1.- Definitions.
As used in this Chapter, unless the context otherwise requires:
(1) Accessible property means a property that is accessible
through a compromised/breached gate, fence, wall, etc.
(2) Accessible structure means a structure/building that is
unsecured and/or breached in such a way as to allow access to the
interior space by unauthorized persons.
(3) City Official means the Mayor, Fire Chief, Chief of Police or
Director of the Pueblo City-County Health Department.
(4) Days means consecutive calendar days.
(5) Evidence of vacancy means any condition that on its own or
combined with other conditions present would lead a reasonable person
to believe that the property is vacant. Such conditions' include, but are
not limited to, overgrown and/or dead vegetation, accumulation of
newspapers, circulars, flyers and/or mail, past due utility notices and/or
disconnected utilities, accumulation of trash, junk and/or debris, the
absence of window coverings such as curtains, blinds and/or shutters,
the absence of furnishings and/or personal items consistent with
residential habitation or commercial occupancy, statements by
neighbors, passersby, delivery agents, or government employees that
the property is vacant.
(6) Neighborhood standard means those conditions required by
the ordinances of the City of Pueblo as they presently exist or as they
may be from time to time amended.
(7) Owner means any person, partnership, association,
corporation, limited liability company or fiduciary having a legal or
equitable title or any interest in any real property including the holder of
a certificate of purchase or certificate of redemption.
(8) Owner of record means the person having recorded title to
the property at any given point in time the record is provided by the
appropriate county clerk and recorder's office.
(9) Property means any improved real property, or portion
thereof, including surrounding unimproved property, situated in the City
of Pueblo, and includes the buildings or structures located on the
property regardless of condition.
(10) Securing means such measures as may be directed by the
City Official or his or her designee that assist in rendering the property
inaccessible to unauthorized persons, including but not limited to the
repairing of fences and walls, chaining/padlocking of gates, the repair or
boarding of doors, windows and/or other openings.
(11) Vacant means a building/structure that is not legally
occupied for a period of ninety (90) or more continuous days or one
hundred eighty (180) or more non-continuous days within the period of
one (1) year.
Sec. 4-9-2. - Registration.
(1) Any Property which is vacant or shows evidence which would
cause a reasonable person to believe it is vacant, is, by this section, deemed
abandoned and a nuisance and the Owner or Owner of Record shall register
the property with the Director of Finance or his or her designee on forms
provided by the City. The registration shall contain the name of the Owner or
Owner of Record (business entity or individual), the direct street/office mailing
address of the Owner or Owner of Record (no P.0. boxes), a direct contact name
and phone number and e-mail address for the Owner or Owner of Record, and
as applicable, the local property management company or asset management
company or real estate broker responsible for the security, maintenance and
marketing of the property.
(2) An annual registration fee shall accompany the registration form.
The fee and registration shall be valid for the calendar year, or remaining
portion of the calendar year, in which the registration was initially required.
Subsequent registrations and fees are due January 1 of each year and must be
received no later than January 31 of the year due. Registration fees will not be
prorated. The annual registration fee shall be in an amount equal to the
business license fee specified in Section 9-1-7 of this Code.
(3) This section shall also apply to properties that have been the
subject of a foreclosure sale where the title was transferred to the beneficiary
of a deed of trust or holder of a certificate of purchase or certificate of
redemption involved in the foreclosure and any properties transferred under a
deed in lieu of foreclosure/sale.
(4) Properties subject to this Chapter shall remain under the annual
registration requirement, security and maintenance standards of this Chapter
as long as they remain vacant.
(5) Any person, firm or business entity that has registered a property
under this Chapter must report any change of information contained in the
registration within ten days of the change.
Sec. 4-9-3. - Maintenance requirements.
(1) The front and side yards of properties subject to this Chapter shall
be, in comparison to the neighborhood standard, kept free of weeds, dry brush,
dry vegetation, trash, junk, debris, building materials, any accumulation of
newspapers, circulars, flyers, notices, except those required by federal, state
or local law, discarded personal items including but not limited to furniture,
clothing, large and small appliances, printed material or any other items that
give the appearance that the property is abandoned. The property shall be
maintained free of graffiti, tagging or similar markings by removal or painting
over with an exterior grade paint that matches the color of the exterior of the
structure. Front and side yards shall also be landscaped and maintained to the
neighborhood standard at the time registration was required.
(2) Lawful landscape includes, but is not limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark
or artificial turf/sod. Unlawful landscape includes, but is not limited to, weeds,
gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch,
indoor outdoor carpet or any similar material. Maintenance includes but is not
limited to regular watering, irrigation, cutting, pruning and mowing of lawful
landscape and removal of all trimmings.
(3) Adherence to this section does not relieve the Owner or Owner of
Record of any obligations set forth in any covenants, conditions and
restrictions and/or homeowners' association rules and regulations which may
apply to the property.
(4) The Owner or Owner of Record or beneficiary of a deed of trust or
the holder of a certificate of purchase or a certificate of redemption or their
agents and employees may legally enter upon the property to fulfill the
maintenance and security obligations imposed by this Chapter.
Sec. 4-9-4. - Security requirements.
(1) Properties subject to this Chapter shall be maintained in a secure
manner so as not to be accessible to unauthorized persons. Secure manner
includes but is not limited to the closure and locking of windows, doors (walk-
through, sliding and garage), gates and any other opening of such size that it
may allow a child to access the interior of the property and or structure(s). In
the case of broken windows, securing means the reglazing or boarding of the
window.
(2) The person or entity responsible for maintenance shall inspect the
property monthly to determine if the property is in compliance with the
requirements of this section.
Sec. 4-9-5. - Additional authority.
The City Official or his or her designee shall have the authority to require
the Owner or Owner of Record, any holder of a certificate of purchase or
certificate of redemption of any property affected by this Chapter to implement
additional maintenance and/or security measures, including but not limited to,
securing any/all door, window or other openings, installing additional security
lighting, increasing on-site inspection frequency, or any other measures as
may be reasonably required to correct the unlawful condition of the property.
Sec. 4-9-6. - Appeal.
Any aggrieved party who believes the alleged violation or penalty
imposed pursuant to this Chapter is unfounded, incorrect or inappropriate may
appeal the issue to the Mayor or his or her designee. Such appeal shall be in
writing and shall state with specificity the grounds for the appeal. The appeal
shall be filed within 14 days of receipt of the notice of violation by the aggrieved
party. The Mayor or designee shall hold a hearing within 30 days of receipt by
the Mayor of the appeal. The Mayor shall issue a written finding on the appeal
within 14 days of the hearing. The appellant may waive the hearing and request
the Mayor to decide the matter on the City's records and the written documents
submitted by the appellant. The Mayor’s decision is final.
Sec. 4-9-7. - Notices.
Any notice required by this Chapter shall be personally served on the
person. In the case of a business entity, service may be made upon the agent
for service of process as shown upon the records of the secretary of state.
Such notice may also be served by United States Postal Service (USPS)
traceable mail. A certificate or notice of delivery issued by the USPS shall
create a rebuttable presumption that such notice was properly served.
Sec. 4-9-8. - Fees.
The fee for registering a vacant property and each annual renewal fee
and the fee for failure to register a vacant property shall be Five Hundred
Dollars ($500.00). The procedures for a notice of violation of this section and
all the required notices, abatement procedures and recovery of costs and
creation of liens shall be according to the procedures and requirements set out
in Section 7-1-3 of this Code, except that the term “owner” shall have the same
definition as contained in Section 4-9-1 above. Failure to pay the fee for
registration of a vacant property or the fee for failure to register a vacant
property shall result in the creation of a lien against the property as described
and enforced in Section 7-1-3 of this Code.
Sec. 4-9-9. - Violation/penalty.
Violations of this Chapter shall be treated as a strict liability offense
regardless of intent. It shall be unlawful and a Class 1 municipal offense for any
Owner or Owner of Record of Property in the City to violate any requirements or
provisions of this Chapter. Any person, firm and/or corporation that violates any
portion of this Chapter shall be subject to prosecution and/or administrative
enforcement.
Sec. 4-9-10. – Enforcement of Other Chapters of This Code.
The requirements of this Chapter are in addition to and shall not be
considered to conflict with or abrogate, any and all other requirements of this Code,
including but not limited to, the property maintenance requirements set forth in
other Chapters of this Code and all codes adopted by reference in this
Code. Nothing in this Chapter shall operate to eliminate, mitigate or otherwise
affect the legal responsibilities and duties of each Owner or Owner of Record to
comply with each and every other law applicable to real property located in the City
of Pueblo, including but not limited to building, housing, nuisance, and zoning
regulations.
Sec. 4-9-11. - Severability.
Should any provision, paragraph, sentence or word of this Chapter be
determined or declared invalid by any final court action in a court of competent
jurisdiction or by reason of any preemptive legislation, the remaining
provisions, paragraphs, sentences or words of this Chapter shall remain in full
force and effect.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance to implement the policies and procedures described herein.
SECTION 3.
This Ordinance shall become effective thirty (30) 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 April 26, 2021 .
Final adoption of Ordinance by City Council on May 17, 2021
President of City Council
Action by the Mayor:
☒ Approved on May 19, 2021 .
□ 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-13
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: April 26, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE AMENDING TITLE IV OF THE PUEBLO MUNICIPAL CODE BY
THE ADDITION OF A NEW CHAPTER 9 CONCERNING VACANT BUILDINGS
IN THE CITY OF PUEBLO
SUMMARY:
Attached for consideration is an Ordinance adding a new Chapter 9 to Title IV of the Pueblo
Municipal Code to address the issue of vacant buildings located in the City of Pueblo.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
In the proposed Ordinance, Vacant Buildings are defined as houses or commercial structures
which are not legally occupied for a period of ninety (90) or more continuous days or one
hundred eighty (180) or more non-continuous days within the period of one (1) year. The
attached ordinance places registration, maintenance and security requirements on the
owners of vacant buildings.
FINANCIAL IMPLICATIONS:
The City’s Finance Department will oversee registration of vacant buildings. The Code
Enforcement officials of the Pueblo Police Department will be responsible for enforcement of the
ordinance. The additional costs associated with registration and enforcement will be recovered
through annual registration fees of $500 for each vacant building.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If City Council does not approve this Ordinance, the Pueblo Municipal Code will not be amended
to specifically address the issue of vacant buildings located in the City.
RECOMMENDATION:
The Mayor and City Staff recommend adoption of this Ordinance.
Attachments:
Proposed Ordinance