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ORDINANCE NO. 6292
AN ORDINANCE AMENDING CHAPTER 1 TITLE VIII OF
THE 1971 CODE OF ORDINANCES RELATING TO
HOUSING REGULATIONS AND ADOPTING THE 1997
UNIFORM HOUSING CODE PUBLISHED BY THE
INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS, 5360 WORKMAN MILL RD., WHITTIER,
CALIFORNIA 90601 -2298 AND PROVIDING PENALTIES
FOR THE VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate
matter being deleted, underscoring indicates new matter being added.)
SECTION 1.
Section 8 -1 -1 of Chapter 1, Title VIII of the 1971 Code of Ordinances, as amended, is
hereby amended to read as follows:
8 -1 -1: LEGISLATIVE FINDING
It is hereby found that there exist and may in the future exist, within the City of
Pueblo, buildings, dwellings, dwelling units, rooming units, or parts thereof, which by
reason of their structure, equipment, sanitation, maintenance, use, or occupancy affect or
are likely to affect adversely the public health, including the physical, mental, and social
well -being of persons and families, safety, and general welfare. To correct and prevent
the existence of such adverse'conditions, and to achieve and maintain such levels of
residential environmental quality as will protect and promote public health, safety, and
general welfare, it is further found that the establishment and enforcement of minimum
housing standards is required.
SECTION 2.
Section 8 -1 -2 of Chapter 1, Title VIII of the 1971 Code of Ordinances, as amended, is
hereby amended to read as follows:
8 -1 -2: LEGISLATIVE PURPOSE
It is hereby declared that the purpose of this Chapter is to protect, preserve, and
promote the physical and mental health and social well -being of the people, to prevent
and control incidence of communicable diseases, to regulate privately and publicly owned
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buildings and dwellings for the purpose of maintaining adequate^sanitation and public
health, and to protect the safety of the people and to promote the general welfare by
legislation which shall be applicable to all dwellings now in existence or hereafter
constructed. It is hereby further declared that the purpose of this Chapter is to insure that
the quality of housing is adequate for protection of public health, safety and general
welfare, including: establishment of minimum standards for basic equipment and
facilities for light, ventilation, and thermal conditions, for safety from fire and accidents,
for the use and location and amount of space for human occupancy, and for the adequate
level of maintenance, determination of the responsibilities of owners, operators and
occupants of dwellings; and provision for the administration and enforcement thereof.
SECTION 3.
Section 8 -1 -3 of Chapter 1, Title VIII of the 1971 Code of Ordinances, as amended, is
hereby amended to read as follows:
8 -1 -3: ADOPTION OF HOUSING CODE
The Uniform Housing Code, 19[85]97 Edition, published and promulgated by the
International Conference of Building Officials, 5360 South Workman Mill Road,
Whittier, California 90601-2298, herein referred to as Housing Code or U.H.C., as
amended by Section 8 -1 -4 of the 1971 Code of Ordinances of the City of Pueblo, is
hereby adopted and enacted by reference and made a part hereof as if set out herein in full
and all references and footnotes to the Uniform Building Code contained in the Housing
Code shall be construed to be and shall be references and footnotes to the 19[85]97
Edition of the Uniform Building Code as amended and adopted by Chapter 2, Title IV of
this Code.
Three copies of the Housing Code, all certified to be true copies, shall be on file in
the office of the City Clerk, City of Pueblo. Copies of said Code shall be available for
sale in the office of the Pueblo Regional Building Department.
SECTION 4.
Section 8 -1 -4 of Chapter 1, Title VIII of the 1971 Code of Ordinances, as amended, is
hereby amended to read as follows:
8 -1 -4: AMENDMENTS [TO HOUSING CODE]
[The Housing Code is hereby amended as follows:]
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(1) Subsection 201.[(a)] 1 entitled "Authority" of the [Uniform, Housing Code] U U.H.C. is
amended to read as follows:
[(a) "] Authority. Authority or Building Official shall mean the Building
Official of the Pueblo Regional Building Department or [his] the Building
Official's duly authorized representative for inspection or enforcement of the
provisions of the Uniform Housing Code.
(2) [Subsection (b) of] Section 201 entitled "Right of Entry" of the U.H.C. is
amended by the addition of the following paragraph:
[ "No owner or occupant or any other person having charge, care or control
of any building or premises shall fail or neglect, after proper demand is made
herein provided, to properly permit entry therein by the Building Official of
Health Officer or their authorized representatives for the purpose of inspection
and examination pursuant to this Code. Any person convicted of violating this
subsection shall be punished as prescribed in Section 1 -2 -1 of the 1971 Code of
Ordinances of the City of Pueblo. "]
[ "]The Municipal Court or any judge thereof shall have power upon
complaint made before it by the Building Official or [his] the Building Official's
authorized representative, that any person has refused [him] the Building Official
or [his] the Building Official's duly authorized representative entrance into or
upon the building or premises owned or occupied by such person for the purpose
of inspecting the same to determine the condition thereof, to issue a warrant
commanding such building or premises to be inspected in the daytime, upon any
day of the week except Sunday, said search warrant shall be issued pursuant to
Section 1 -6 -24 through 1 -6 -26 of the 1971 Code of Ordinances[ "].
(3) Section 201 of the [Housing Code] U.H.C. is amended by the addition of [the
following subparagraph (d)] a new section to read as follows
[(d)] 201.2.1 Notwithstanding the provision of section [(b), Sec.] 201.2 of
the Housing Code to the contrary, neither the Building Official nor [his ]the
Building Official's authorized representatives shall enter any [single family
dwelling] building; or structure occupied by the owner thereof without the consent
of said owner except pursuant to a search warrant issued by a Judge of the
Municipal Court upon affidavit made by:
(i) A person over 18 years of age that he has personally observed
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conditions inside said [dwelling] building or structure which make such
dwelling substandard as defined in Section 202 of the Housing Code; or
(ii) The Building Official or [his] the Building; Official's
authorized representative that the exterior of said [dwelling] building or
structure or the area adjacent to said [dwelling] building or structure is in
such poor repair and condition that he has reasonable cause to believe that
there exists in said [dwelling] building or structure conditions which make
such [dwelling] building or structure substandard as defined in Section
202 of the Housing Code. [ "]
(4) Section 203 entitled "Housing Advisory and Appeals Board" of the U.H.C. is
amended to read as follows:
[ "] The authority and power to provide for final interpretation of the provisions of
this code and to hear appeals provided for hereunder is vested in the Building Board of
Review of the Pueblo Regional Building Department (herein "Board "). The Building
Official shall be an ex- officio member of and shall act as Secretary to said Board. The
Board may adopt reasonable rules and regulations for conducting its business and shall
render all decisions and findings in writing to the appellant with a copy to the Building
Official. Appeals to the Board shall be processed in accordance with the provisions
contained in Section 1201 of this Code. Copies of all rules or regulations adopted by the
Board shall be delivered to the Building Official who shall make them freely accessible to
the public. [ "]
(5) Section 204 entitled "Violations" of the U.H.C. is amended to read as follows:
[ "] No person, firm, or corporation, whether as owner, agent, lessee,
sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve,
remove, demolish, equip, rent, use, occupy, or maintain any building or premises,
or cause to permit the same to be done, contrary to or in violation of any of the
provisions of this Code or any order issued by the Building Official hereunder.
Any person convicted of violating the provisions of this Section shall be punished
as prescribed in Section 8 -1 -7 of the 1971 Code of Ordinances of the City of
Pueblo.["]
(6) The following definitions contained in Section 401 of the U.H.C. are
amended
to read as follows:
[ "] Health Officer. Health Officer shall be the Director or acting Director
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of the Pueblo City- County Health Department or [his] the Health Officer's duly
authorized representative.
(7) [Subsection (c) of] Section 1101 entitled "Service of Notice and Order" of
the U.H.C. is hereby amended to read as follows:
[ "(c)] The notice and order, and any amended or supplemental notice and
order, shall be served upon the record owner or if unknown or unable to be served
within the City the order and notice shall be posted on the property and a copy
thereof mailed by first class mail postage prepaid to the recorded owner at this last
known address as shown in the records of the Pueblo County Assessor; and one
copy thereof shall be mailed by first class mail postage prepaid to each of the
following if known to the Building Official or disclosed from the Pueblo County
Assessor's records: the occupant of the property; the holder of any mortgage or
deed of trust or other lien or encumbrance of record; the owner or holder of any
lease of record; and the holder of any other estate or legal interest of record in or
to the building or the land on which it is located. The failure of the Building
Official to serve any person required herein to be served shall not invalidate any
proceedings hereunder as to any other person duly served or relieve any such
person from any duty or obligation imposed on him by the provisions of this
Section or any other Section of the Housing Code.
(8) [Subsection (d) of] Section 1101 entitled "Method of Service" of the U.H.C.
is hereby amended to read as follows:
[ "(d)] Method of Service. Service of the notice and order shall be made
upon all persons entitled thereto either personally or in the manner set forth in
Section 1 -1 -11(5) of the 1971 Code or Ordinances of the City of Pueblo, or by
mailing a copy of such notice and order by first class mail to each such person at
[his] their address as it appears on the records of the Pueblo County Assessor. If
no address of any such person so appears or is not known to the Building Official,
then a copy of the notice and order shall be so mailed, addressed to such person, at
the address of the building involved in the proceedings. The failure of any such
person to receive such notice shall not affect the validity of any proceedings taken
under this Section. Service by certified mail in the manner herein provided shall
be effective on the date of mailing. [ "]
(9) [Subsection (b) of] Section 1104 entitled "Compliance" of the U.H.C. is
hereby amended to read as follows:
[ "(b)] Whenever such notice is posted, the Building Official shall include
a notification thereof in the notice and order by him under Section [(b) of
Section] 1101.2, reciting the emergency and specifying the conditions which
necessitate the posting. No person shall remain in or enter any building which has
been so posted, except that entry may be made to repair, demolish or remove such
building under permit. No person shall remove or deface any such notice after it
is posted until the required repairs, demolition, or removal have been completed
and a Certificate of Occupancy issued pursuant to the provisions of the Uniform
Building Code. Any person who shall be convicted of a violation of this Section
shall be punished as prescribed in Section 8 -1 -7 of the 1971 Code or Ordinances
of the City of Pueblo.
(10) Section 1202 entitled "Effect of Failure to Anneal" of the U.H.C. is hereby
amended to read as follows:
[ "Sec. 1202.] Failure of any person to file an appeal in accordance with
the provisions of Sections 1101 and 1201 shall constitute a waiver of [his] that
person's right to an administrative hearing and adjudication of the notice and
order, or to any portion thereof; provided, however, that the Building Board of
Review by majority vote upon good cause shown may hear a written appeal duly
filed within [sixty (60)] thirty 30 days from the date of service of such order
under Section 1101 [(c). "].2 5).
(11) [Subsection (c) of ] Section 1301 entitled "Reporting" of the U.H.C. is
hereby amended to read as follows:
[ "(c) Reporting.] The proceedings at the hearing shall also be reported by
a certified reporter if requested by any party thereto in writing delivered to the
Secretary of the Board at least five (5) days prior to the hearing. A transcript of
the proceedings shall be made available to all parties upon request and upon
payment of the fee prescribed therefore. Such fees may be established by the
Board, but shall in no event be greater than the direct cost involved plus fifteen
percent for expenses directly incurred.[ "]
(12) [Subsection (c) of] Section 1303 entitled "Penalties" of the U.H.C. is
hereby amended to read as follows:
[ "(c) Penalties.] Any person who refuses without lawful excuse to attend
any hearing, or to produce material evidence in his or her possession or under his
or her control as required by any subpoena served upon such person as provided
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for herein shall be deemed to have violated this Section.and upon conviction shall
be punished as prescribed in Section 8 -2 -7 of the 1971 Code or Ordinances of the
City of Pueblo. [ "]
(13) [Subsection (h) of] Section 1305 entitled "Effective Date of Decision" of
the U.H.C. is hereby amended to read as follows:
[ "(h) Effective Date of Decision.] The effective date of decision shall be
stated therein. The decision may be reviewed by the District Court, Tenth Judicial
District, under Rule 106(a) (4), Colorado Rules of Civil Procedure. Petition for
review shall be filed within thirty (30) days after the effective date of the
decision.["]
(14) [ Subsection (a) of] Section 1401.1 entitled General of the U.H.C. is hereby
amended to read as follows:
[ "(a) General.] After any order of the Building Official or the Building
Board of Review made pursuant to this Code shall have become final, no person
to whom any such order is directed shall fail, neglect, or refuse to obey any such
order. Any person who shall be convicted of violating this Section shall be
punished as prescribed in Section 8 -1 -7 of the 1971 Code or Ordinances of the
City of Pueblo.["]
(15) [Paragraph 1 of Subsection (c) of] Section 1401 entitled "Failure to
Commence Work" subsection 1 , is hereby amended to read as follows:
[ "] 1. The Building Official shall cause the building described in such
notice and order to be vacated by posting at each entrance thereto a notice
reading:
[ "]SUBSTANDARD BUILDING
DO NOT OCCUPY
It is a violation of the Housing Code to occupy this building or to remove
or deface this Notice.
Building Official[ "']
(16) [Subsection (a) of] Section 1501 entitled "Procedure" of the U.H.C. is
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hereby amended to read as follows:
[ "(a) Procedure] When any work of repair or demolition is to be done
pursuant to Section 1401 [(c) (3)] .3 Subsection 3 of this Code, the Building
Official may issue a request therefor to the Director of Public Works and the work
may be accomplished by City personnel or by private contract under the direction
of said Director. Plans and specifications therefor may be prepared by said
Director, or he may employ such architectural and engineering assistance on a
contract basis as may deem reasonable necessary. If any part of this work is to be
accomplished by private contract, standard Public Works contractual procedures
shall be followed. [ "]
(17) [Subsection (b) of] Section 1501 entitled "Costs" of the U.H.C. is hereby
deleted.
(18) [Subsection (a) of] Section 1502.1 entitled "General" of the U.H.C. is hereby
amended to read as follows:
[ "(a) General.] The City Council may annually out of the general fund of
the City budget funds to defray the costs and expenses which may be incurred by
the City in doing or causing to be done the necessary work of repair or demolition
of dangerous buildings. Said funds shall be designated Repair and Demolition
Funds and shall be expended and paid upon the request of the Director of Public
Works. [ "]
(19) [Subsection (b) of] Section 1502 entitled "Maintenance of Fund" of the
U.H.C. is hereby deleted.
(20) [Subsection (a) of} Section 1605.1 entitled General of the U.H.C. is hereby
amended to read as follows:
[ "(a) General.] The City Council may thereupon order that said charge
shall be made a personal obligation of the property owner, or assess said charge
against the property involved, or order that said charge be both a personal
obligation and assessment. Upon recording in the Pueblo County Clerk and
Recorder's office a statement under oath of the City Manager or [his] the City
Manager's designee showing the cost of repairs or demolition and describing the
land, such costs and interest thereon at the rate of 10 percent (10 %) per annum
shall be and constitute a perpetual lien on the land having priority over all other
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liens except general tax liens. Such lien shall remain in .fall force and effect until
such costs and interest have been paid in full. The remedies of the City hereunder
shall be cumulative. [ "]
(21) Section 1609 entitled "Report to Assessor and Tax Collector: Addition of
Assessment to Tax Bill of the U.H.C. is hereby amended to read as follows:
[ "Sec. 1609.1 After confirmation of the report, certified copies of the
assessment shall be given to the Director of Finance.
(22) Section 1610 entitled "Filing, Copy of Report with County Auditor" of the
U.H.C. is hereby amended to read as follows:
[ "Sec.1610.] The Director of Finance shall file a certified copy of the
assessment with the County Treasurer with [his] a warrant for the collection of
same. The description of the parcels reported shall be those used for the same
parcels on the County Assessor's map books for the current year. [ "]
(23) Section 1611 entitled "Collections of Assessment: Penalties for Foreclosure"
of the U.H.C. is hereby amended to read as follows:
[ "Sec. 1611.1 The amount of the assessments, penalties and interest shall
be collected in the same manner as special assessments for Local Improvements
are collected pursuant to Chapter 1, Title XII of the 1971 Code of Ordinances of
the City of Pueblo; and shall be subject to the same penalties and procedure and
sale in case of delinquency as special assessments for Local Improvements. All
Ordinances applicable to the collection and enforcement of assessments for Local
Improvement and Municipal taxes shall be applicable to such assessments. [ "]
(24) Section 1612 entitled "Repayment of Repair and Demolition Fund" of the
U.H.C. is hereby amended to read as follows:
[ "Sec. 1612.1 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 same to the general fund. [ "]
SECTION 5.
Section 8 -1 -5 of Chapter 1, Title VIII of the 1971 Code of Ordinances, as amended, is
hereby amended to read as follows:
8 -1 -5: CONFLICT WITH OTHER ORDINANCES
In any case where a provision of the Uniform Housing Code or this Chapter is
found to be in conflict with any other provision of this Code, or any secondary code
adopted thereby, that provision which establishes the higher or more restrictive standard
for the promotion and protection of the health, safety and welfare of the people shall
prevail.
SECTION 6.
Section 8 -1 -6 of Chapter 1, Title VIII of the 1971 Code of Ordinances, as amended, is
hereby amended to read as follows:
8 -1 -6: SEVERABILITY
If any part, section, subsection, sentence, clause or phrase of this Chapter or of the
Housing Code is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of this Chapter or of the Housing Code.
SECTION 7.
Section 8 -1 -7 of Chapter 1, Title VIII of the 1971 Code of Ordinances, as amended, is
hereby amended to read as follows:
[8 -1 -7: VIOLATION
Any person convicted of a violation of this Chapter of any section or provision of
the Housing Code shall be punished by a fine of not more than Three Hundred Dollars
($300.00) for any one offense or by imprisonment for a period of not more than ninety
(90) days or by both such fine and imprisonment.]
8 -1 -7 OFFENSES: CRIMINAL PENALTIES: PERMIT REVOCATION:
OTHER ENFORCEMENT
(a� It shall be unlawful and a Class 1 Municipal Offense for any person to
knowingly violate, disobey, omit, neglect, refuse, or fail to comply with or resist the
enforcement of any provision of the Chapter of the Uniform Housing Code, and upon
conviction thereof, the punishment therefore shall be a fine of not more than Three
Hundred Dollars ($300) or imprisonment for not more than ninety (_90) days, or both such
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fine and imprisonment.
It shall be unlawful and a Class 1 Municipal Offense for any person to
refuse or fail to timely comply with any order issued by the building official, the Director
of the Pueblo Regional Building Department or other designated building inspector
pursuant to the provisions of this Chapter of the Uniform Building Code, and upon
conviction thereof, the punishment therefor shall be a fine of not more than Three
Hundred Dollars ($300.00 ) or imprisonment for not more than ninety (90) days, or both
such fine and imprisonment.
U It shall be unlawful and a Class 1 Municipal Offense for any person to
knowingly make any false statement, representation or certification in any application,
record, report, plan or other document filed or required to be maintained pursuant to any
requirement of this Chapter of the Uniform Housing Code, and upon conviction thereof,
the punishment therefor shall be a fine of not more than three hundred dollars ($300) or
imprisonment for not more than ninety (90) days or both such fine and imprisonment.
Any permit issued pursuant to the provision of this Chapter of the Uniform
Housing Code may be suspended, terminated or revoked by the building official for (11
any of the reasons stated in subsection 106.4.5 of the Uniform Building Code or (2) any
material violation of the terms of said permit or requirements applicable thereto.
U In the event any owner or occupant of premises within the City shall
refuse entry to the building official or any building inspector, or if any premises are
locked and the building official or any building inspector has been unable to obtain
permission of the owner of occupant to enter, the Municipal Court is authorized to issue a
search warrant authorizing such entry in accordance with the procedures set forth in the
Colorado Municipal Court Rules.
L o In the event any owner or occupant of premises within the City, or an y
licensed contractor, or any permittee shall fail or refuse to comply with any provisions of
this Chapter, the Uniform Housing Code, or any permits issued thereunder, the City ma
initiate an action for injunctive relief in any court of competent jurisdiction to compel
compliance with said Chapter. Uniform Housing Code or permit.
(0 The enforcement remedies set forth in this Section are hereby expressly
declared to be cumulative, and the exercise of any one or more of them is not dependant
upon the exercise of any other remedy_ nor does the exercise of any of more of them
constitute any bar or limitation to the exercise of any other.
SECTION 8.
Section 8 -1 -8 of Chapter 1, Title VIII of the 1971 Code of Ordinances, as amended, is
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hereby amended to read as follows:
8 -1 -8: EMERGENCY HOUSING REHABILITATION PROGRAM
(1) A special housing rehabilitation revolving fund to be designated Emergency
Housing Rehabilitation Fund is hereby established. Appropriations to said Fund may be
made by the City Council by resolution. Payments out of said Fund shall be made by the
Director of Finance upon the written request of the Director of the Department of ;
Housing and Community Services based upon applications for assistance submitted and
approved in accordance with the [P] provisions of this section.
(2) The owner of any building who receives a Notice and Order under Sec.
1101 [(b)].2 of the Uniform Housing Code shall be entitled to make application for
emergency housing rehabilitation assistance within thirty (30) days after receipt of said
Notice and Order. Applications shall be timely made to the Department of Housing and
Community Services upon forms prepared by said Department. The Notice and Order
given under said Sec. 1101 [(b)].2 shall include reference to the emergency housing
rehabilitation program and shall advise the owner of the right to make application for
assistance under said program specifying the minimum qualifications and the thirty (30)
day period within which application must be made.
(3) The owner of a building receiving a Notice and Order under said Sec.
1101 [(b)].2 may apply for housing rehabilitation assistance if the income and assets,
excluding the value of the building in question, of such owner, or of a family the head of
which or whose spouse is the owner, are within the limits prescribed for persons or
families occupying public housing in Pueblo, Colorado financed pursuant to Chapter 8,
Title 42 United States Code. The Department of Housing and Community Services shall
certify all owner - applicants meet such qualifications. The department will prepare an
estimate of the costs of repairs required to rehabilitate said building to meet the standards
of the Housing Code.
(4) The City Council shall appoint seven persons to a committee to be known as
the Housing Rehabilitation Committee. Said appointments shall be for terms of three
years. The Committee shall be reorganized annually and a chairman and vice chairman
elected for the coming year at a meeting of the Committee to be held in July of each year.
The Committee shall meet at the request of the Director of the Department of Housing
and Community Services and shall act upon matters referred to the Committee by the
Director. All grants of assistance shall be used only for repairs and rehabilitation of a
building which will abate the conditions which make the building substandard.
(5) The Department of Housing and Community Services shall not approve any
application for assistance until after the Director of Finance of the City of Pueblo shall
certify in writing to the Director of the Department of Housing and Community Services
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that there is sufficient monies in the Emergency Housing Rehabilitation Fund for such
grant of assistance and until after the Department of Housing and Community Services
receives proof that the applicant -owner is the fee owner of said land and building.
(6) The owner of any building who receives housing rehabilitation assistance
shall enter into an agreement with the City, on forms to be approved by the City
Attorney, to repay to the City of Pueblo such financial assistance based on existing loan
formulas and criteria used within the Department of Housing and Community Services.
Such repayment agreement shall be placed of record and shall become and remain in lien
and encumbrance on the building and land upon which the building is located until paid
in full. Said grant of assistance shall become due and payable immediately upon the
transfer of title to said Iand and building by the owner, or, upon the death of the owner,
unless title to said land and building shall pass to the spouse of or an issue of such owner
who meets the qualification of subsection (3) hereof and the Department of Housing and
Community Services shall certify same in writing to the Director of Finance within sixty
(60) days after the death of such owner. Failure of the surviving spouse or issue of the
deceased owner to request and obtain such certification from the Director of the
Department of Housing and Community Services within said sixty (60) day period shall
conclusively constitute a waiver of all rights of such surviving spouse or issue to further
defer repayment of the grant of assistance.
(7) All repayments of rehabilitation grants of assistance shall be credited to the
Emergency Housing Rehabilitation Fund.
(8) Nothing contained in this section shall obligate the City Council to
appropriate funds to the Emergency Housing Rehabilitation Fund.
SECTION 9.
A public hearing to consider the adoption of the Uniform Housing Code, 1997 Edition,
with modifications, shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo,
Colorado at 7:30 p.m. on February 23, 1998. The City Clerk is directed to publish notice of
such hearing pursuant to Section 31 -16 -203 of the Colorado Revised Statutes.
SECTION 10
The adoption of this Ordinance and of the Uniform Housing Code shall not create any
duty to any person, firm, corporation, or other entity with regard to the enforcement or
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nonenforcement of this Ordinance or said code. No person, firm, corporation, or other entity
shall have any private right of action, claim or civil liability remedy against the City of Pueblo of
the Building department, or their officers, employees or agents, for any damage arising out of or
in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or
said code. Nothing in this Ordinance or in said code shall be construed to create any liability, or
to waive any of the immunities, limitations on liability, or other provisions of the Governmental
Immunity Act, C.R.S. 24 -10 -101 et seq., or to waive any immunities or limitations on liability
otherwise available to the City of Pueblo or the Pueblo Building Department, or their officers,
employees or agents.
SECTION 11
If any part, section, subsection, sentence, clause or phrase of this Ordinance or the
adopted Uniform Housing Code is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this Ordinance or of the Uniform Housing Code.
SECTION 12
The Council finds and declares that a certified true copy of the Uniform Housing Code,
1997 Edition, has been on file in the office of the City Clerk of the City of Pueblo for not less
than 15 days preceding the public hearing referred to in Section 11 of this Ordinance, and shall
remain in said office for public inspection. After adoption of this Ordinance, a copy of the
Uniform Housing Code shall be kept in the office of the Building Official at 316 15th St. W.,
Pueblo Colorado. Copies of the Uniform Housing Code shall be available through the Pueblo
Regional Building Department for purchase by the public at a moderate price.
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SECTION 13
This Ordinance shall become effective 30 days after final passage and approval.
INTRODUCED: January 26, 1998
By John Verna
Councilmember
ATTEST: APPROVED:
City Jerk President of y C0461
197