HomeMy WebLinkAbout08179ORDINANCE NO. 8179
AN ORDINANCE AMENDING SECTION 4 -7 -2 OF CHAPTER 7,
TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO
THE BOARD -UP OF VACANT AND UNSAFE BUILDINGS AND
PROVIDING REMEDIES AND 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 4 -7 -2 of Chapter 7, Title IV of the Pueblo Municipal Code, as amended,
is hereby amended to read as follows:
Sec. 4 -7 -2. Board -up of vacant and unsafe buildings.
(a) As used in this Section, the term vacant and unsafe building shall
mean any vacant building or other permanent structure, except accessory
structures, which exhibits both of the following characteristics: (1) has broken or
missing doors or windows, or doors or windows which may be readily opened
from the outside; and (2) exhibits signs of unauthorized entry, vandalism,
accumulation of rubbish or trash or any infestation of rodents, insects or birds.
For purposes of this Section, the term vacant includes structures used as
warehouses or storage facilities unless a guard or other person is routinely
present on the premises during regular operating hours.
(b) Whenever the City Manager or his designee shall encounter and
find any vacant and unsafe building within the City, he or she shall cause to be
served upon the owner of the building and land upon which the building is
located a notice ordering such owner to [repair, lock and secure or]: (1) lock,
secure and board up all doors, windows and other openings thereof within
twenty (20) days of the date of service of the notice; and (2) to remove the
boards from anv windows facina anv street and replace anv broken alass
in any such windows with intact and unbroken glass, within sixty (60) days
of service of the notice. The notice may be served by personal service upon
the owner or by certified mail, postage prepaid, addressed to the owner and
mailed to the owner's last known address. A copy of such notice shall also be
posted in a conspicuous place upon the vacant and unsafe building. Service
shall be complete ten (10) days from the date of posting and mailing such notice.
(c) The City Manager or his designee may cause to be repaired,
locked and secured or boarded up all doors, windows and other openings on any
vacant and unsafe building within the City if the owner of the unsafe building or
the land upon which the building is located has failed to comply with
subsection (b) of this Section [repair, lock and secure or board up all such
doors, windows and other openings] within twenty (20) days after service of a
notice directing him or her to do so. The cost of such work, 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, and upon
recording with the County Clerk and Recorder of a statement under oath of the
City Manager showing the cost thereof and describing the land and building,
such charge shall be and constitute a perpetual lien on the land and building
having priority over all other liens except those for general taxes, and such lien
shall remain in full force and effect until such charges and interest have been
paid in full.
(d) It shall be unlawful and a municipal offense for any owner to fail or
refuse to repair, lock and secure or to board up all doors, windows and other
openings within twenty (20) days after service of the notice upon him or her
ordering such action. Each day or portion thereof during which the owner fails or
refuses to comply with said order shall constitute a separate violation. Upon
conviction, the owner shall be punished as provided in Section 1 -2 -1 of this
Code.
(e) This Section and the remedies provided herein are intended to be
supplementary to and not in lieu of any and all other rights and remedies
available to the City or the public, whether in law or equity, or available under the
provisions of this or any other Chapter or Title of this Code or any secondary
code adopted therein by reference.
SECTION 2
This ordinance shall become effective upon final passage and approval.
INTRODUCED: April 12, 2010
BY: Vera Ortegon
COUNCILPERSON
APPROVED:
RESIDENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
PASSED AND APPROVED: April 26, 2010
Background Paper for Proposed
ORDINANCE
DATE April 12, 2010 AGENDA ITEM # R -6
DEPARTMENT Law Department
Thomas J. Florczak, City Attorney
TITLE:
AN ORDINANCE AMENDING SECTION 4 -7 -2 OF CHAPTER 7, TITLE IV OF THE
PUEBLO MUNICIPAL CODE RELATING TO THE BOARD -UP OF VACANT AND
UNSAFE BUILDINGS AND PROVIDING REMEDIES AND PENALTIES FOR THE
VIOLATION THEREOF
ISSUE:
Should the City Council adopt an ordinance amending Section 4 -7 -2 Pueblo Municipal
Code to provide that the glass in windows facing streets in buildings that have been
boarded up as vacant and unsafe must be replaced within 60 days after receiving notice
from the City Manager or his designee?
RECOMMENDATION:
The proposed ordinance should be approved.
BACKGROUND:
Under Section 4 -7 -2 of the Pueblo Municipal Code as currently written, the City
Manager may serve a notice upon the owner of a vacant and unsafe building requiring
the owner to board up the building. This procedure is necessary for the protection of
property and to prevent vagrants and minors from entering the building, which may
facilitate crime or cause a fire, unsanitary conditions, or injuries. If the owner fails to
comply, the City may board up the building and charge the costs of the work as a lien
against the property.
The boarding up of vacant and unsafe buildings creates an eyesore and a blighting
effect on the neighborhood. Removing the boards from windows facing the street and
replacing the glass in these windows with unbroken glass would improve the
appearance of the boarded up buildings and reduce the blighting effect on
neighborhoods.
The proposed ordinance would require the owner of the property to replace the glass on
all windows facing streets within 60 days after receiving a notice from the City Manager
or his designee. If the owner fails to comply, the City Manager may cause the glass on
these windows to be replaced and charge the costs thereof as a lien against the
property.
FINANCIAL IMPACT:
The proposed ordinance will result in additional costs to replace windows in vacant and
unsafe buildings. The City may eventually recover these costs when the property is
purchased and the lien is paid. The implementation of the ordinance modification will
depend on whether funds are budgeted for implementation; the ordinance itself does
not require any additional expenditures.