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HomeMy WebLinkAbout06667ORDINANCE NO. 6667 AN ORDINANCE AMENDING CHAPTER 7 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO UNSAFE STRUCTURES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1 Section 1 of Chapter 7, Title IV of the Pueblo Municipal Code is amended to read as follows: Section 4 -7 -1 Declaration of nuisance; inspection; abatement required. If any building or structure within the City, from any cause, is found or reported as being dangerous to public health, life, safety or property, or in such a dilapidated and /or unsanitary condition as to be unfit for use or to constitute a nuisance, from whatever cause, it shall be the duty of the Chief Building Inspector, together with the Chief of the Fire Department, or both, as the situation may require, or their authorized representatives, to make an inspection of such building or structure. If as a result of such inspection it is found that such building or structure is unsafe or a menace to public life, health, safety, property or welfare, or in such a dilapidated or unsanitary condition as to be unfit for use or to constitute a nuisance or fire hazard, or a hazard to public health or welfare or to adjacent property, such building or structure is hereby declared to be a public nuisance, which nuisance shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure of this Chapter[.] and Chapter 13 of Title IV of the Pueblo Municipal Code entitled "Dangerous Buildings Code." SECTION 2 Sections 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Chapter 7, Title IV of the Pueblo Municipal Code are hereby repealed. [Sec. 4 -7 -2. Reports; Council consideration; recommendations. Each official making such inspection shall forthwith submit his or her individual report for consideration by the City Council. Such report shall be complete as to his or her phase of such inspection and shall explain in detail the deficiencies found and the dangers obvious or inherent in the building or structure examined and shall contain his or her recommendation as to requirements necessary to make such building or structure safe and secure if such building or structure can be repaired in conformity with ordinances of the City, or that such building or structure be removed, wrecked, filled or demolished as the circumstances require. Such report may be accompanied by photographs where desirable and such photographs may be attached to and constitute a part of such report.] [Sec. 4 -7 -3 Imminent danger; vacating; posting notice. In the event the inspection of any such building or structure indicates imminent danger to occupants thereof, the Chief Building Inspector shall forthwith order that it be immediately vacated by such occupants and shall post at each entrance thereof a notice to read: "DO NOT ENTER. Unsafe to Occupy. Building Department, City of Pueblo." Such notice shall remain posted until the required repairs, demolition or removal, as determined by the City Council after hearing, is completed. Such notice shall not be removed without written permission of the Chief Building Inspector, and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building. Any person violating the terms of such notice shall be in violation of this Chapter.] [Sec. 4 -7 -4. Entry to abate; notice. If the public welfare, life, health, safety or property is in danger and immediate action is required by reason of a special emergency to preserve the same, the Chief Building Inspector is hereby authorized, and it shall be in his or her duty, to enter, or cause to be entered, any premises, and into any building or structure, at any time, with such workmen and assistance as may be necessary and cause such dangerous building or structure to be shored up, repaired, removed, wrecked, demolished, filled or otherwise made safe or secure without delay, and a proper fence or barricade shall be put up for the protection of the public or passers -by, with proper notice on such building or structure, warning the public as to its dangerous character. In such an emergency, because of the imminent peril to public safety, life , health and property, no previous notice is required to the owner, agent or person of record having and interest in such building or structure. After such special emergency has been abated by the Chief Building Inspector, he or she shall thereafter give notice to the owner, agent or person of record interested in such building or structure.] [Sec. 4 -7 -5. Hearing; notice; service of notice. The City Council shall, at its first meeting following receipt of such report and recommendation, forthwith set a date for a hearing thereon, to be not less than ten (10) days nor more than forty -five (45) days after such meeting, or to such date as the same may be continued thereafter, and shall direct that notice of the hearing be duly communicated to the owner of such building or structure as provided herein. The notice given shall state the date, time and place of the hearing and, together with a copy of each report so filed with the City Council, shall be served upon the owner as provided in Section 1 -1 -11 of this Code; provided, however, that where the owner cannot be found within the City, the agent for such property, if any, may be served; and, if no agent can be found, then service may be made upon the tenant of such building or structure. Notice that the structure or building after inspection has been declared a public nuisance and proceedings to abate the public nuisance have been instituted before the City Council shall be recorded in the office K of the County Clerk and Recorder. The Chief Building Inspector is hereby required to make such service and record such notice.] [Sec. 4 -7 -6. Conduct, record. Those persons who inspected such building or structure shall be present at the Council hearing and shall be subject to examination concerning the reports submitted to them. The City Council shall also receive all material evidence offered on behalf of the owner of such building or structure. All witnesses shall testify under oath and the proceedings had shall be recorded and preserved in the event an appeal is taken. All photographs or documents offered in evidence shall be marked and identified and shall form a part of the record of such hearing. In the event a personal inspection of the premises in question is made by the City Council, the record shall so show.] [Sec. 4 -7 -7. Findings; order; abatement. At the conclusion of the hearing, the City Council shall accept, modify or reject the reports and recommendations and, if accepted or modified, shall thereupon order that the recommendations as contained in such report or as modified by the City Council shall be complied with and shall set a reasonable time within which the required repairs, improvements or demolition and removal of such building or structure or portions thereof, as the case may be, shall be started and completed by the owner thereof. No demolition or removal of any building shall be ordered unless the evidence clearly shows, and the City Council so finds, the building or structure in question is a nuisance per se in that it affects the health or interferes with the safety of person or property and its demolition and removal is therefore necessary in the public interest.] [Sec. 4-7-8. Appeal. Any person aggrieved by the decision and order of the City Council may within thirty (30) days file in the District Court an action in the nature of certiorari requesting a review of the City Council's action as to its jurisdiction to enter such order or as to an abuse of its discretion.] [Sec. 4 -7 -9. Demolition by City; assessing cost; collection; hearing notice; failure to repair; penalty. In the event an action to review the Council decision and order is not filed within thirty (30) days of such decision and order, or in the event the decision of the City Council is affirmed on appeal, and no steps have been taken by the owner of such building or structure during such period to comply with the terms thereof, the City Council may thereupon order the Director of Public Works either to hire the demolition or removal of such building for the lowest bid received from a person duly licensed and authorized to do such work or to have such work performed by the Department of Public Works, and to report the cost thereof back to the City Council. The Director 3 of Public Works shall at the same time notify the owners or agents of the property as provided in Section 4 -7 -5 above that such demolition has been completed and specifying. (1) The cost of such demolition; (2) That any complaints or objections which have been made in writing by the owners or agents to the City Council and filed on the office of the City Clerk within (20) days of the service of such notice will be heard and determined by the City Council before the passage if any ordinance assessing the cost of such demolition; and (3) The date and place such complaints or objections will be heard. At the time and place specified in such notices, or at some adjourned time, the City Council shall hear and determine all such complaints and objections, and may thereon make such modifications and changes as may seem equitable and just, or may confirm the cost. Such cost of demolition or removal shall thereupon be levied, assessed and charged by ordinance against the property upon which such building or structure is situated and shall become a perpetual lien thereon and shall be collected in the same manner as are special assessments. If such nuisance can be remedied by repairs to such building or structure and such building or structure is not in itself a nuisance per se as hereinbefore defined, such building or structure shall not be removed or demolished, but the owner or owners thereof shall be deemed guilty of committing a nuisance and shall be subject to a fine or imprisonment as for other violations of this Code, and each day such nuisance shall be continued shall constitute a separate offense; and occupancy of such building or structure shall not be permitted until such repairs as were recommended have been made.] [See. 4 -7 -10. Permit required. Any repairs to or the demolition or removal of any such building or structure shall be made and performed under a permit obtained from the City and all such work shall fully comply with the applicable ordinances of the City.] SECTION 3 Section 11 of Chapter, 7, Title IV of the Pueblo Municipal Code is renumbered to read as follows: Section 4 -7 -[11]2 Board -up of vacant and unsafe buildings. El SECTION 4 Section 12 of Chapter, 7, Title IV of the Pueblo Municipal Code is renumbered to read as follows: Section 4 -7 -[12]3 Definitions. SECTION 5 This ordinance shall become effective immediately upon final passage and approval. INTRODUCED March 26 .2001 0 ATTEST: Patrick Avalos City rk Passed and Approved: April 9, 2001