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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