Loading...
HomeMy WebLinkAbout07385ORDINANCE NO. 7385 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE I OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF SUBSECTION 7 RELATING TO THE LIABILITY OF AN OWNER FOR NUISANCE CAUSED BY A TENANT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicates matter deleted, underscoring indicates matter added.) SECTION 1. Chapter 2 of Title I of the Pueblo Municipal Code is amended by the addition of the following new section: 1 -2 -7. Liability of Owner for Nuisance Caused by a Tenant. (a) Fines or other liability may be imposed upon any owner of real property for any nuisance prohibited by this Code and committed on the property by a tenant in lawful possession of the property provided notification of the nuisance is served on the property owner and tenant of the property before the imposition of such fine or other liability. In addition to any other method of service provided under this Code, service of the notification upon the tenant is satisfied either by mailing same, first class mail, postage pre -paid, to the street address associated with the property and addressed to occupant or by posting same upon the property. (c) This section shall have no application to or other otherwise limit the liability an owner may have with respect to the summary abatement of nuisance which constitutes an emergency and an immediate threat to the safety or health of the public. SECTION 2. This Ordinance shall take effect on January 1, 2006. INTRODUCED September 26, 2005 BY Michael Occhiato Councilperson APPROVED: PRES1DENT 9F CITY CPWCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED October 11, 2005 okd . 7385 o � D D 0 Background Paper for Proposed ORDINANCE AGENDA ITEM # tS DATE: September 26, 2005 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING CHAPTER 2 OF TITLE I OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF SUBSECTION 7 RELATING TO THE LIABILITY OF AN OWNER FOR NUISANCE CAUSED BY A TENANT ISSUE Should the City Council pass and approve the proposed Ordinance which implements notification procedures required by state law in order to impose liability upon an owner of real property for nuisances committed by a tenant? RECOMMENDATION City Council should pass and approve the proposed Ordinance. BACKGROUND Pursuant to passage of House Bill 05 -1277 by the state legislature, which takes effect January 1, 2006, no fine or other liability may be imposed upon an owner of real property with respect to a nuisance committed by a tenant unless prior notification of such nuisance is given to the owner and tenant. Upon such notification and further action by the owner, the owner has a statutory right to enter the property and abate such nuisance. The proposed Ordinance implements the notification procedures required by state law so that the owner is given notice and an opportunity to abate such a nuisance before any fine or liability is imposed against the owner. To the extent the City has to proceed against the owner, the Ordinance further provides alternative and less expensive provisions for service of notice upon the tenant as it is the owner who will be ultimately liable to the City. As a further matter, an exception is made for summary abatement of nuisance which constitutes an emergency and immediate threat to the safety or health of the public. In such circumstances, service upon the owner and tenant with an opportunity to correct is not possible. To the extent the City incurs abatement costs and otherwise has the right to collect such costs against the owner or the property, such right to collect should not be impaired because of the emergency condition associated with the nuisance. FINANCIAL IMPACT The additional costs are not known but are not believed to be substantial.