HomeMy WebLinkAbout10432ORDINANCE NO. 10432
AN ORDINANCE APPROVING AND AUTHORIZING THE CITY
TO SELL AND ASSIGN CERTAIN LIENS ENCUMBERING REAL
PROPERTY PURSUANT TO TITLE VII, CHAPTER 9 OF THE
PUEBLO MUNICIPAL CODE, AND AUTHORIZING THE MAYOR
TO EXECUTE ASSIGNMENTS OF LIEN
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following list of municipal real property liens is hereby approved for collection by sale and
assignment. The City is authorized to publish notice and pursue collection by public auction in
accordance with Title VII, Chapter 9 of the Pueblo Municipal Code.
Encumbered Property Address Lien Type Lien Amount
Due
2907 2nd Ave., Pueblo, CO 81003 Weeds # 2302528 (2023) $446.99
2907 2nd Ave., Pueblo, CO 81003 Litter # 2302529 (2023) $434.93
2907 2nd Ave., Pueblo, CO 81003 Vacant Property # 2290754 (2022) $1,183.68
2907 2nd Ave., Pueblo, CO 81003 Weeds # 2288822 (2022) $624.43
2907 2nd Ave., Pueblo, CO 81003 Litter # 2288821 (2022) $527.53
2907 2nd Ave., Pueblo, CO 81003 Board-Up # 2249318 (2021) $429.93
2907 2nd Ave., Pueblo, CO 81003 Litter # 2249317 (2021) $434.08
2907 2nd Ave., Pueblo, CO 81003 Weeds # 2249316 (2021) $954.20
1124 W. 11th St., Pueblo, CO 81003 Vacant Property # 2288236 (2022) $1,200.84
1627 E. 14th St., Pueblo, CO 81001 Vacant Property # 2293198 (2022) $1,187.79
1606 E. 15th St., Pueblo, CO 81001 Vacant Property # 2286868 (2022) $1,201.12
421 E. Beech St., Pueblo, CO 81003 Vacant Property # 2288835 (2022) $1,197.23
811 E. C St., Pueblo, CO 81003 Vacant Property # 2285119 (2022) $1,207.23
811 E. C St., Pueblo, CO 81003 Weeds # 2244127 (2021) $634.89
3515 Gem Drive, Pueblo, CO 81005 Vacant Property # 2292195 (2022) $1,191.40
911 N. Joplin Ave., Pueblo, CO 81001 Vacant Property # 2290763 (2022) $1,193.34
511 N. Ogden Ave., Pueblo, CO 81001 Vacant Property # 2288234 (2022) $1,201.12
701 Beulah Ave., Pueblo, CO 81004 Vacant Property # 2284451 (2022) $1,197.57
701 Beulah Ave., Pueblo, CO 81004 Weeds # 2288809 (2022) $560.86
701 Beulah Ave., Pueblo, CO 81004 Litter # 2288810 (2022) $563.31
701 Beulah Ave., Pueblo, CO 81004 Weeds # 2293189 (2022) $447.01
701 Beulah Ave., Pueblo, CO 81004 Weeds #2238217 (2021) $533.45
701 Beulah Ave., Pueblo, CO 81004 Litter #2238216 (2021) $604.38
701 Beulah Ave., Pueblo, CO 81004 Weeds #2249304 (2021) $481.36
701 Beulah Ave., Pueblo, CO 81004 Litter #2249305 (2021) $416.88
2227 Pine St., Pueblo, CO 81004 Vacant Property # 2298028 (2022) $1,178.07
615 E. 1st St., Pueblo, CO 81001 Vacant Property # 2290758 (2022) $1,194.73
613 E. 1st St., Pueblo, CO 81001 Vacant Property # 2290757 (2022) $1,194.73
1606 W. 19th St., Pueblo, CO 81003 Vacant Property # 2282196 (2022) $1,214.73
1518 Pine St., Pueblo, CO 81004 Vacant Property # 2285109 (2022) $1,208.07
1306 E. River, Pueblo, CO 81001 Vacant Property # 2286865 (2022) $1,202.23
1105 W. 11th St., Pueblo, CO 81003 Vacant Property # 2294171 (2022) $1,185.57
521 Bellevue Place, Pueblo, CO 81004 Vacant Property # 2305309 (2022) $1,161.96
SECTION 2.
The Mayor of the City is hereby authorized to execute an Assignment of Lien for any such
liens sold by auction to effectuate the intended transaction. The Assignment of Lien shall be in
substantially the same form and content as the Assignment of Lien form hereto attached and
incorporated.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent with
the intent of this Ordinance to implement the policies and procedures described herein.
SECTION 4.
This Ordinance shall become effective on 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 March 27, 2023.
Final adoption of Ordinance by City Council on April 10, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on April 12, 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 27, 2023
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Lisa Macchietto, Assistant City Attorney
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE CITY TO SELL
AND ASSIGN CERTAIN LIENS ENCUMBERING REAL PROPERTY
PURSUANT TO TITLE VII, CHAPTER 9 OF THE PUEBLO MUNICIPAL
CODE, AND AUTHORIZING THE MAYOR TO EXECUTE
ASSIGNMENTS OF LIEN
SUMMARY:
This Ordinance authorizes the City to publish notice and sell the liens identified in the
included list by public auction.
PREVIOUS COUNCIL ACTION:
On April 17, 2021, Council approved Ordinance No. 9930, which created a Vacant
Property Registration program that required properties that were not occupied for at
least 30 days in a calendar year to register and pay a $500 fee. Failure to register the
property and pay the fee resulted in the imposition of a $500 penalty.
On December 12, 2022, Council approved Ordinance No. 10325, as amended, which
amended the Pueblo Municipal Code to include new provisions allowing assignment
and foreclosure as collection remedies. It also added a new Chapter 9 to Title VII of the
Code to establish a procedure for sale and assignment by public auction.
BACKGROUND:
Nuisance abatement costs and vacant property registration fees often are unpaid by
owners of the affected real property parcels for long periods of time. As a result, liens
are recorded with the County Clerk’s office to secure the City’s interest in collecting the
debt. The City may collect that debt by any legal means, including sale and assignment
of the liens or by pursing a foreclosure action. Additionally, many of the properties
affected by the City’s municipal real property liens are blighted and harm the quality of
life and property values of the neighborhoods in which they are found.
Pursuing sale and assignment of municipal liens that encumber real property will allow
the public to bid to become assignees of the liens. Any buyer or assignee of the liens
may subsequently collect the debt secured by such lien, including interest and costs of
collection, in any manner that was available to the City in their own name, subject to all
claims and defenses and subject to the limitations and requirements of Title VII of the
Pueblo Municipal Code. This remedy is desirable because it relieves the City from the
burden of pursuing the collection activity. Moreover, it is likely to result in an assignee
of the lien pursuing ownership of the property by foreclosure and rehabilitating nuisance
and blighted properties to productive and positive ownership.
FINANCIAL IMPLICATIONS:
By pursuing sale and assignment as a collection remedy, the City will increase its
collection rate resulting in fewer unpaid accounts and more timely collections.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance does not pass it will not be possible for the City to pursue sale and
assignment of the identified liens by public auction as a collection remedy.
RECOMMENDATION:
Passage of the Ordinance.
ATTACHMENTS:
1. Assignment of Lien form - final
ORDINANCE NO. 10433
AN ORDINANCE AMENDING SECTIONS 11-1-401 AND 11-1-
407 OF THE PUEBLO MUNICIPAL CODE TO ADD A
MANDATORY MINIMUM JAIL SENTENCE FOR THOSE
CONVICTED THEREOF, WHERE THE VALUE OF THE
PROPERTY STOLEN IS THREE HUNDRED DOLLARS ($300)
OR MORE, AND TO AMEND SECTION 1-2-1 OF THE PUEBLO
MUNICIPAL CODE TO ADD A MANDATORY MINIMUM JAIL
SENTENCE FOR THOSE CONVICTED AS HABITUAL
OFFENDERS HAVING VIOLATED SECTION 11-1-401 OR 11-1-
407 OF THE CODE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 11-1-401 of Chapter 1 of Title XI of the Pueblo Municipal Code is hereby
amended to read as follows:
Sec. 11-1-401. – Theft from a merchant.
(a) It shall be unlawful for any person to obtain or exercise control over any meals, goods,
services or accommodations having a value of less than two thousand dollars ($2,000.00) which
are the property of another exposed or available for sale or available to rent or for hire, with the
intent to convert the same to his or her own use without payment of the purchase price or rent
therefor.
(b) Theft from a merchant is a Class 2 municipal offense.
(c) Notwithstanding the provisions of any other subsection within this Section, theft
from a merchant is a Class 1 offense if the value of the meals, goods, services, or
accommodations involved is three hundred dollars ($300.00) or more. Additionally, if the
value of the meals, goods, services, or accommodations involved is three hundred
dollars or more, a mandatory minimum jail sentence of no less than three (3) days shall
be imposed by the Court as part of any sentence. The Court shall neither set aside nor
suspend the mandatory minimum jail portion of any sentence imposed. This subsection
shall only apply to those offenders who, at the time of the offense, were eighteen (18)
years of age or older.
SECTION 2.
Section 11-1-407 of Chapter 1 of Title XI of the Pueblo Municipal Code is hereby
amended to read as follows:
Sec. 11-1-407. – Theft.
(a) It shall be unlawful and a Class 2 municipal offense for any person to knowingly obtain or
exercise control over any thing of value of another without authorization and with the intent to
permanently deprive the other person of the use or benefit of the thing of value; provided,
however, that this Section shall have no application:
1. Where the thing of value has a value of two thousand ($2,000.00) or more or is
intangible personal property;
2. Where the other person (victim) is seventy (70) years of age or older and the offense is
committed in such person’s presence; or
3. Where the other person (victim) is disabled because of the loss or permanent loss of use
of a hand or foot or because of blindness or the permanent impairment of vision in both eyes to
such a degree as to constitute virtual blindness and the offense is committed in such person’s
presence.
(b) Notwithstanding the provisions of subsection (a) within this Section, it shall be
unlawful and a Class 1 municipal offense for any person to knowingly obtain or exercise
control over anything of another valued at three hundred dollars ($300.00) or more
without authorization and with the intent to permanently deprive the other person of the
use or benefit of the thing of value; provided however, that this subsection will have no
application as provided is subsections (a)(1), (a)(2), and (a)(3). Additionally, if the value
of the thing involved is three hundred dollars or more, a mandatory minimum jail
sentence of no less than three (3) days shall be imposed by the Court as part of any
sentence. The Court shall neither set aside nor suspend the mandatory minimum jail
portion of any sentence imposed. This subsection shall only apply to those offenders
who, at the time of the offense, were eighteen (18) years of age or older.
SECTION 3.
Section 1-2-1 of Chapter 2 of Title I of the Pueblo Municipal Code is hereby amended to
read as follows:
Section 1-2-1. – General Penalty; continuing violations; adjudging fines and
imprisonment.
(a) It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to
comply with or resist the enforcement of any provision of this Code or any secondary code
adopted herein.
(b) Where no specific penalty is provided therefor, the violation of any provision of this
Code or of any secondary code adopted herein shall be a Class 2 municipal offense and be
punished by a fine not exceeding one thousand dollars ($1,000.00), the amount of such fine
to rest within the discretion of the Municipal Judge.
(c) Unless stated otherwise within the Municipal Code,the Municipal Judge may, in
his or her discretion, impose alternative sentencing including but not limited to in-home
detention not to exceed three hundred sixty-four (364) days, probation, community service,
deferred sentence, deferred prosecution, rehabilitation and educational classes, for any
violations of the Municipal Code if he or she determines the alternative sentencing will best
serve the intent and purpose of the Municipal Code.
(d) The imposition of a penalty shall not excuse any violation, permit it to continue or
prevent the enforced removal of prohibited conditions.
(e) Unless otherwise indicated, a separate violation shall be deemed committed upon
each day or portion thereof during or on which any violation of any provision of this Code or any
secondary code adopted herein occurs or continues.
(f) The amount by which any imposed fine exceeds three hundred dollars ($300.00)
is dedicated to graffiti control and removal and other law enforcement activities as determined
by the City Council. Other law enforcement activities shall include any and all alternative
sentencing authorized pursuant to Subsection 1-2-1(c).
(g) Every person convicted in the City of any municipal offense, when within five (5)
years of the date of the commission of said offense has been twice previously convicted of the
same offense, separately brought and adjudicated and arising out of separate and distinct
criminal episodes in the City, shall be adjudged a habitual offender and shall be punished:
1. As a Class 1 municipal offender and the standard base fine for the offense shall be
tripled, provided that the fine may be altered at the Court's discretion, but shall not exceed one
thousand dollars ($1,000.00); and
A. In the event the instant conviction is for Theft from a merchant as provided for in Sec.
11-1-401 or for Theft as provided for in Sec. 11-1-407 of this Code, and, at the time of the
offense, the offender was eighteen (18) years of age or older, a mandatory minimum jail
sentence of no less than three (3) days shall be imposed by the Court as part of any
sentence. The Court shall neither set aside nor suspend the mandatory minimum jail
portion of any sentence imposed; or
2. For those convicted of a traffic code violation, the standard base fine for the civil
infraction shall be tripled, provided that the fine may be altered at the Court's discretion, but
shall not exceed one thousand dollars ($1,000.00).
(h) Every person convicted in the City of any municipal crime involving violence
against another person or animal, when within ten (10) years of the date of the commission of
the offense has been twice previously convicted upon similar charges involving violence,
separately brought and adjudicated and arising out of separate and distinct criminal episodes
in the City, shall be adjudged a habitual criminal and shall be punished as a Class 1 municipal
offender.
(i) Any person convicted of a crime and sentenced as a habitual offender for
violations of Sections 11-4-14 (Dangerous animals; potentially dangerous animals), 11-4-15
(Restraining), or 11-4-21 (Cruelty to animals; humane care) may, at the discretion of the
Municipal Court, be enjoined from owning any animals as defined by Section 11-4-1 of the
Pueblo Municipal Code, or otherwise maintaining any animals on their property within the City
limits, for up to one (1) year, along with any other appropriate penalty imposed by the Municipal
Court.
SECTION 4.
The officers and staff of the City are authorized to perform any and all acts consistent
with this Ordinance and to implement the policies and procedures described therein.
SECTION 5.
This Ordinance shall become effective thirty (30) days after final action by the Mayor and
City Council and shall be automatically repealed effective January 1, 2025. Such repeal shall
reinstate the sections of the Pueblo Municipal Code as amended hereby as the same existed on
March 1, 2023. Nothing contained herein shall be construed to prohibit any subsequent
enactments with respect to the affected sections of the Pueblo Municipal Code to be amended
further between the effective date and date of repeal.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on March 27, 2023.
Final adoption of Ordinance by City Council on April 10, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on April 12, 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 # R9
Background Paper for Proposed
Ordinance
March 27, 2023
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: James Wagner, Assistant City Attorney
SUBJECT: AN ORDINANCE AMENDING SECTIONS 11-1-401 AND 11-1-407 OF
THE PUEBLO MUNICIPAL CODE TO ADD A MANDATORY MINIMUM
JAIL SENTENCE FOR THOSE CONVICTED THEREOF, WHERE THE
VALUE OF THE PROPERTY STOLEN IS THREE HUNDRED DOLLARS
($300) OR MORE, AND TO AMEND SECTION 1-2-1 OF THE PUEBLO
MUNICIPAL CODE TO ADD A MANDATORY MINIMUM JAIL
SENTENCE FOR THOSE CONVICTED AS HABITUAL OFFENDERS
HAVING VIOLATED SECTION 11-1-401 OR 11-1-407 OF THE CODE
SUMMARY:
Attached for consideration is a set of amendments that provide for a minimum
mandatory jail sentence for those convicted of theft, theft from a merchant, or as a
habitual offender for a theft-related offense. This action also provides for a sunset
provision, allowing Council to extend the sentencing provisions to a later date or to
allow the action to expire.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
City Council President Heather Graham requested the drafting of an ordinance
providing for enhanced penalties for theft-related offenses. A similar enhanced-
sentencing Ordinance was passed in 2022 by the City Council of Aurora in an effort to
curb crime in that city.
According to the records of the Pueblo Police Department, 283 persons were cited in
2021 and 460 persons were cited in 2022 for Theft From a Merchant under Sec. 11-1-
401 of the Pueblo Municipal Code. This constitutes a 62.54% increase in cited Theft
from a Merchant cases. Additionally, 29 persons were cited for Theft in 2021 and 39
persons were cited for Theft in 2022 under Sec. 11-1-407 of the Pueblo Municipal
Code. This constitutes a 34.48% increase in cited Theft cases.
According to statistics from the Colorado Bureau of Investigation with respect to the
City of Pueblo, in 2022 there were 4,201 thefts reported overall. In 2021, 3,841 thefts
were reported overall. Year over year, this constitutes an 9.37% increase in reported
thefts.
Given the significant increase in theft-related crimes within the City of Pueblo, the
ordinance attached for your consideration attempts to provide a deterrent effect. The
ordinance is directed to those thefts of property valued at $300 or more and for those
thefts committed by habitual offenders as defined by the Code.
FINANCIAL IMPLICATIONS:
The financial implications are unknown at this time. The Pueblo Police Department
does not track thefts under the Code by value nor does the Code have a current value
provision within it. It is also unknown ultimately how many Defendants may be
convicted under the proposed provisions and subject to the enhanced penalties. The
Pueblo County Sheriff’s Office currently charges $45 per day per City inmate and the
Las Animas County Sheriff’s Office charges $55 per day per City inmate.
Additionally, more Defendants may choose to challenge the charges and thereby
increase attorney representation and jury trial costs to the Municipal Court. The Court
may see an offset, however, if less thefts are committed by those subject to the new
provisions.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If the Code is not amended in accordance with this Ordinance, the current Code
provisions will remain in place.
RECOMMENDATION:
City Council President Graham supports passage of this Ordinance.
ATTACHMENTS:
None