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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.