HomeMy WebLinkAbout10007ORDINANCE NO. 10007
AN ORDINANCE TO ASSESS THE COST OF DEMOLITION AND
REMOVAL OF DANGEROUS BUILDINGS UPON LAND
LOCATED AT 515 BROWN AVENUE
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 Chapter
9 of the Uniform Code for Abatement of Dangerous Buildings (“Code”), as adopted and amended
by Chapter 13 of Title IV of the Pueblo Municipal Code, hereby finds and determines that the cost
of demolition and removal of certain dangerous buildings and other structures shall be levied,
assessed and charged against the property upon which such demolition and removal work was
performed.
SECTION 2.
The amount assessed against the lot or tract of land upon which demolition and removal
work was performed is hereafter set forth after the description of each such lot or tract of land
assessed. All property herein described lies within the corporate limits of Pueblo, a Municipal
Corporation, and in the County of Pueblo and State of Colorado.
PROPERTY DESCRIPTION OWNER & ASSESSMENT
515 Brown Avenue Ronald Charles Kent
515 Brown Ave.
Parcel # 1502203022 Pueblo, CO 81003
Lots 43-44-45 Block 3 Summit Place
City of Pueblo, County of Pueblo, State of Colorado Final Cost: $17,386.00
SECTION 3.
The Director of Public Works shall prepare an Assessment Roll, showing in suitable
columns each piece of land assessed, the amount of assessment for each parcel of property, the
total amount of assessments, and the date when the assessment will become due, with suitable
columns for use, in case of payment of the assessment or any penalty, and deliver the same duly
certified to the Director of Finance for collection.
SECTION 4.
All assessments herein shall be due and payable in full within thirty (30) days after this
ordinance goes into effect, without demand. In the exercise of its discretion under §907 of the
Code, the Council has determined not to allow payment of such assessments in installments.
SECTION 5.
Failure to pay any assessment when due, shall cause the whole of the unpaid principal of
the assessment to become due and collectible immediately and the whole amount of the unpaid
principal shall thereafter draw interest at the rate of seven percent (7%) per annum from and after
said date.
SECTION 6.
Payment may be made to the Director of Finance at any time within thirty (30) days
after the final passage of this Ordinance, but not thereafter. At the expiration of said thirty (30)
day period, the Director of Finance shall 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 his warrant for the collection of the same. The County Treasurer
shall receipt for the same, and such Assessment Roll shall be assigned an identifying number to
be determined by the City Finance Department prior to the Assessment Roll being delivered to
the County Treasurer.
SECTION 7.
The County Treasurer shall 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 shall 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 8.
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 9.
All monies received for the payment of assessments shall be deposited into Fund No.
2500000046856.
REMAINDER OF THE PAGE
INTENTIONALLY LEFT BLANK
SECTION 10.
This Ordinance shall become effective on the date of final passage.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on August 23, 2021 .
Final adoption of Ordinance by City Council on September 13, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on September 15, 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-6
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 23, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, P.E., Director of Public Works
SUBJECT: AN ORDINANCE TO ASSESS THE COST OF DEMOLITION AND REMOVAL OF
DANGEROUS BUILDINGS UPON LAND LOCATED AT 515 BROWN AVENUE
SUMMARY:
The attached Ordinance approves and authorizes the Director of Public Works to prepare an
Assessment Roll showing the land assessed, the total amount of assessments, and the date when
the assessment will become due, and deliver the same duly certified to the Director of Finance
for collection.
PREVIOUS COUNCIL ACTION:
On November 23, 1998, by Ordinance No. 6369, City Council adopted with modifications the
Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition.
On September 28, 2015, by Resolution No. 13309, City Council approved the award of a building
demolition contract for multiple properties including the abatement of dangerous buildings on the
property at 515 Brown Avenue.
BACKGROUND:
Pursuant to Chapter 13 of Title IV of the Pueblo Municipal Code and Chapter 8 of the Uniform
Code for Abatement of Dangerous Buildings, the Building Official has determined that building(s)
located at 515 Brown Avenue were in a dangerous condition, and after giving proper notice to the
owners, requested the City to demolish the buildings. These buildings have been demolished,
and the costs incurred by the City have been compiled.
Passage of this Ordinance will assess said costs, which are stated in the Ordinance, against the
affected property.
Payment of the assessment is due in full within thirty (30) days from the date of Ordinance
approval. If payment in full is not made within that time period, the County Treasurer will advertise
and sell the property for the payment of the unpaid assessment.
FINANCIAL IMPLICATIONS:
All money collected in payment of the charge or assessment or from the sale of the property at
foreclosure sale shall be paid to the Director of Finance who shall credit the same to the General
Fund.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
The property at 515 Brown Avenue was inspected by the Building Official at Pueblo Regional
Building Department. Following the inspection, a condemnation Notice and Order was served
and posted, as required, and the property owner was provided an opportunity to appeal the Notice
and Order. The property owner failed to make the required repairs or to abate the dangerous
buildings on the property and the Notice and Order was recorded with the Pueblo County Clerk
and Recorder’s office. The case was then referred to the City for with a request from the Building
Official for the City to abate the dangerous buildings on the property. The demolition work was
completed in early 2016 and the total cost incurred by the City was $17,386.00.
In accordance with Section 903 of the Uniform Code for the Abatement of Dangerous Buildings,
1997 Edition, a public hearing is required prior to making an assessment to recover costs related
to demolition work performed by the City. The purpose of the hearing is to receive the report of
demolition and to hear any objections or protests thereto from interested stakeholders. The date
of the public hearing will be set by separate resolution and notice of the hearing will be posted
and published at least ten days prior to the scheduled hearing date.
ALTERNATIVES:
If this Ordinance is not approved, the City will not recover the costs associated with the demolition
work performed at the affected property.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
(1) Letter from Public Works Director – Report of Demolition
(2) Cost Summary – Project Expense Itemization
(3) Request to Demolish Dangerous Buildings at 515 Brown Ave. from Pueblo Regional
Building Department
(4) Supporting Documentation – Invoices, Payments, etc.
Andrew E. Hayes, P.E. city o f 211 East D Street
Director of Public Works Pueblo,CO 81003
1111 Phone(719) 553-2295
colorodo Fax(719) 553-2294
Department of Public Works
July 20, 2021
To: Marisa Stoller, City Clerk
Subj: REPORT OF DEMOLITION — 515 BROWN AVENUE
In accordance with Section 901 of the 1997 Uniform Code for the Abatement of
Dangerous Buildings, this letter is provided to report the completion of demolition work on
the property located at 515 Brown Avenue.
The property's legal description is: Lots 43-44-45 Block 3 Summit Place, City of Pueblo,
County of Pueblo, State of Colorado.
The demolition work was completed in 2015 and 2016 and included the following:
• Environmental assessment and sampling
• Removal of existing utilities
• Demolition and abatement of dangerous structure(s)
• Other required inspections
The total cost incurred by the City in completing the demolition work was $17,386.00. An
itemized summary of the costs is provided in the attached expense itemization form.
In accordance with Section 902 of the Code, a public hearing is required and notice of
the hearing must be provided at least ten days prior to the scheduled hearing. The owner
of the property is Ronald Charles Kent and the mailing address listed is 515 Brown Ave.,
Pueblo, CO 81003.
The property is currently under the same ownership as it was at the time the original
condemnation notice and order was filed and when the demolition work was completed.
I recommend that the full amount of the costs incurred by the City in completing the
demolition work be assessed.
Respectfully,
7
Andrew E. Hayes, P.E.
Encl (1)