HomeMy WebLinkAbout10422ORDINANCE NO. 10422
AN ORDINANCE TO ASSESS THE COST OF DEMOLITION
AND REMOVAL OF DANGEROUS BUILDINGS UPON LAND
LOCATED AT 1103 E. 8TH STREET
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 the 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 Address:
1103 E. 8th Street; Pueblo, Colorado
Parcel Number:
430434008
Legal Description:
The western half of Lot 25, all of Lot 26, and the eastern five feet of Lot 26, Block 2, Dr. Owens
Heights Subdivision, City of Pueblo, County of Pueblo, State of Colorado
Property Owner Name and Mailing Address:
Selsa Gutierrez
221 E. 2nd Street
Pueblo, CO 81003-3302
Final Cost:
$36,609.99
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 Section 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 the 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 the City 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
CountyTreasurer 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 Account No.
10100000 46810.
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 March 13, 2023.
Final adoption of Ordinance by City Council on March 27, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on March 29, 2023 .
□ 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 # R6
Background Paper for Proposed
Ordinance
March 13, 2023
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE TO ASSESS THE COST OF DEMOLITION AND
REMOVAL OF DANGEROUS BUILDINGS UPON LAND LOCATED AT
1103 E. 8TH STREET
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 13, 2021, by Resolution No. 14699, City Council approved the award of
a building demolition contract including the abatement of dangerous buildings on the
property located at 1103 E. 8th Street.
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 at Pueblo
Regional Building Department has determined the building located at 1103 E. 8th Street
was in a dangerous condition. After giving proper notice to the owner, the Building
Official requested the City of Pueblo to demolish the dangerous structure. The
demolition work was completed in December 2021, and the costs incurred by the City
of Pueblo have been compiled by the Director of Public Works in a Report of
Demolition.
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 a 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 1103 E. 8th Street 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 in the records of the Pueblo County Clerk and Recorder. The case
was then referred to the City of Pueblo with a request from the Building Official for the
City to abate the dangerous building on the property. The demolition work was
completed in December 2021, and the total cost incurred by the City of Pueblo was
$36,609.99.
In accordance with Section 903 of the Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition (as amended), a public hearing is required prior to making an
assessment to recover costs related to demolition work performed by the City of
Pueblo. 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 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:
Approval of the Ordinance.
ATTACHMENTS:
1. Report of Demolition - 1103 E. 8th Street (230222) - full packet
2. PRBD Request for Demolition - 1103 E. 8th Street