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HomeMy WebLinkAbout07320ORDINANCE NO. 7320 AN ORDINANCE AMENDING SECTION 4 OF CHAPTER 4 OF TITLE VII RELATING TO THE REMOVAL OF WEEDS BY CITY AND CLARIFYING AND IMPOSING UPON THE PROPERTY OWNER LIABILITY FOR PAYMENT OF COSTS AND COLLECTION FEES FOR SUCH REMOVAL BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that (brackets indicate matter deleted, underscoring indicates matter added): SECTION 1. Section 4 of Chapter 4 of Title VII is amended to read as follows: Sec. 7-4 -4. Removal or destruction by City. The City Manager may cut, cause to be cut or destroyed and remove weeds in excess of ten (10) inches in height from any land within the City if the owner of said property has failed to cut, destroy or remove said weeds within ten (10) days of service of a notice directing him or her to do so. The cost of such cutting or removal, together with twenty -five percent (25 %) thereof, or one hundred dollars ($100.00), whichever is greater, for administrative and incidental costs, plus interest at the rate of ten percent (10 %) per annum, shall be charged against the owner of such land, and upon recording in the County Clerk and Recorder's office of a statement under oath of the City Manager showing the cost thereof and describing the land, such charge shall be and constitute a perpetual lien on the land having priority over all other liens except general tax liens, and such lien shall remain in full force and effect until such charges and interest have been paid in full. In addition to the lien created hereunder, such charges are a charge against the owner of such land, and as such, the City may pursue all civil collection remedies and recover the amount of such charges together with all collection expenses, including reasonable attorney fees, from the owner of such land. All remedies provided in this Chapter are cumulative. SECTION 2. If any part of this Ordinance is held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED June 13, 2005 BY Michael Occhiato Councilperson APPROVED: PREMENT 9F CITY CPJPIL ATTESTED BY: CITY CLERIC PASSED AND APPROVED June 27, 2005 KINS ID p Background Paper for Proposed ORDINANCE AGENDA ITEM #?' DATE: June 13, 2005 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING SECTION 4 OF CHAPTER 4 OF TITLE VII RELATING TO THE REMOVAL OF WEEDS BY CITY AND CLARIFYING AND IMPOSING UPON THE PROPERTY OWNER LIABILITY FOR PAYMENT OF COSTS AND COLLECTION FEES FOR SUCH REMOVAL ISSUE Should the City Council approve the proposed Ordinance which clarifies the City's right to collect from the property owner all of City's costs incurred in cutting and removing overgrown weeds? RECOMMENDATION The Ordinance be approved. BACKGROUND Concern has been raised as to whether the lien imposed under the current ordinance is efficacious in collecting City costs incurred in cutting overgrown weeds and whether collection directly against the property owner might be more effective in certain situations. The current ordinance does state that such costs are charged against the owner of the property, however, it is recommended that the City's right to collect such costs against the owner be clarified. The proposed Ordinance incorporates this clarification and provides that the owner shall also be liable for the costs of City's collection expenses. FINANCIAL IMPACT None