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
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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