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A. The growth of weeds or the accumulation of cuttings, mowings or other debris, or the nonremoval of the same, from premises located within the City is declared to be a nuisance whenever the growth or accumulation causes or results in the clogging of drainageways or any drainage structure which is used for the purpose of conveying stormwater drainage to safe outfall points.
B. It is the duty of each owner of any premises located within the City to at all times cut and mow the weeds on the respective premises, and to remove accumulations, whenever that growth or accumulation clogs drainageways or other drainage structures which are designed to convey stormwater drainage flows to safe outfall points. (Ord. 82-71; Ord. 86-214; Ord. 01-42; Ord. 08-44)
In the event an owner of any premises located within the City fails to cut and destroy weeds, or to have weeds, rubbish, debris or other accumulations cut, destroyed or removed in compliance with the provisions of this part, the Code Enforcement Administrator is authorized to have the weeds, rubbish, debris or other accumulations cut, removed or destroyed, and to assess the cost of cutting, removal or destruction, plus a surcharge not to exceed twenty five percent (25%) for administrative costs, against the property in the form of a lien if the owner fails to pay within twenty (20) days of billing in accord with section 9.6.311 of this part. (Ord. 82-71; Ord. 86-214; Ord. 90-122; Ord. 96-111; Ord. 98-85; Ord. 01-42)
A. The Code Enforcement Administrator shall commence proceedings pursuant to this part by issuing a notice and order to the owner or agent of the owner or occupant of any premises upon which the Administrator has reasonable cause to believe that a condition as described in section 9.6.303, 9.6.304 or 9.6.305 of this part exists.
B. The notice and order shall:
1. Be in writing;
2. Be personally served whenever feasible on the owner or agent of the owner and occupant of the premises or, when the personal service is not feasible, either posted conspicuously at the premises or mailed to the person by certified mail, return receipt requested, to the owner's, the owner's agent's or the occupant's last known address;
3. Describe with reasonable particularity the condition existing on the premises which gives rise to the issuance of the notice and order;
4. Specify a reasonable period within which the condition must be abated or otherwise corrected; and
5. State that an appeal is available to the owner, agent of the owner or occupant provided a written appeal is filed within ten (10) days of service, posting or the receipt of the notice and order. (Ord. 82-71; Ord. 86-214; Ord. 90-122; Ord. 96-111; Ord. 01-42)
A. Noncompliance Prohibited: It is unlawful for any person to fail or refuse to comply with any order issued pursuant to this part.
B. Abatement By Code Enforcement Administrator; Costs: In the event that any order issued pursuant to this part is not complied with at a reasonable time as is specified therein, the Code Enforcement Administrator, after notice to the owner, or agent of the owner and occupant, may have removed, corrected or otherwise abated through private contract the condition giving rise to the issuance of the order to abate. The procedures outlined in this part for the collection of the cost and expenses of abatement shall apply independently and in addition to the penalty provided by this Code for violation of any provision of this part.
C. Inspection Fees For Repeat Offenders:
1. For purposes of this section, "repeat offender" is defined as the owner of property which has been previously cited for one or more violations of this part at two (2) or more times during any successive six (6) month period. For purposes of this section, "reinspection" is defined as any and all inspections subsequent to an inspection after issuance of the first notice and order to the owner for a violation on the subject property.
2. The Code Enforcement Administrator shall be authorized to assess an inspection fee of not less than one hundred dollars ($100.00) for each reinspection necessitated by the repeat offender's continued violation and failure to abate following issuance of a notice and order to abate.
3. In the event one or more reinspection fees are assessed and the property owner or owner's agent fails to pay the fee(s) within twenty (20) days, the Code Enforcement Administrator is authorized to file a lien against the property for fee(s) in accord with section 9.6.311 of this part. The Code Enforcement Administrator is further authorized to include in one lien assessment action any and all costs incurred by the City associated with the removal, correction or other abatement necessitated by the property owner's continued violation and failure to abate following issuance of a notice and order to abate. (Ord. 96-111; Ord. 98-85; Ord. 01-42)
A. Authority: When the owner or occupant of property fails to comply with an order to abate pursuant to this part and the Code Enforcement Administrator has reinspected and removed, corrected or otherwise abated the condition giving rise to the issuance of the notice and order through a private contract, the Code Enforcement Administrator is authorized to commence lien assessment proceedings against the property in accord with the provisions of this part. In addition, the Code Enforcement Administrator is further authorized to assess an administrative surcharge of twenty five percent (25%) of the cost of private abatement.
B. Notice: Within ten (10) days of abatement through a private contract, the Code Enforcement Administrator shall ascertain the name and address of the property owner from the El Paso County Assessor's records and shall send the property owner a notice of lien assessment which shall contain the following information:
1. The address of the property to be assessed and the name and address of the property owner;
2. The dates of the notice and order, any reinspections and the order to abate;
3. The name of the private contractor which abated the condition giving rise to the issuance of the notice and order;
4. The total amount of the assessment, including reinspection fees, the cost of private abatement and the amount of the administrative surcharge;
5. A due date for payment of the assessment which is not less than twenty (20) days after the date of the notice of lien assessment;
6. A statement that failure to pay the assessment within the time period set forth in the notice of lien assessment will result in the imposition of a lien against the property;
7. A statement explaining the appeal procedure for the notice of lien assessment.
C. Service:
1. The notice of assessment shall be mailed to the property owner via certified first class U.S. mail, return receipt requested. A return receipt signed by the property owner or an agent of the property owner shall be prima facie evidence of service on the date indicated by the owner, agent or U.S. Postal Service.
2. In the event the property owner or an agent of the property owner fails to receive service of the notice of lien assessment via certified first class U.S. mail, return receipt requested, the Code Enforcement Administrator is authorized to post the notice in a conspicuous place on the property to be assessed.
D. Appeal:
1. A property owner must appeal a notice of lien assessment in writing within ten (10) days of its mailed receipt by the property owner or the owner's agent, or within ten (10) days of posting on the property to be assessed.
2. The notice of appeal must state the name and address of the property owner, the address of the property assessed, and the grounds for appeal.
3. The appeal of a notice of lien assessment shall be heard by the Municipal Court Referee, in accord with the procedures outlined in the City's Zoning Code.
4. The Municipal Court Referee may, after hearing the property owner's objections, make any modification or change to the assessment as may seem equitable and just, or may confirm the assessment. The Municipal Court Referee shall not modify or change the amount of the reinspection fee or the administrative surcharge.
E. Levy Of Assessment: If not appealed, the total assessment will then be levied, assessed and charged against the property upon which abatement action was taken not less than ten (10) days after the property owner's or agent's mailed receipt of the notice of lien assessment or posting on the property to be assessed. If appealed, the Municipal Court Referee's determination of the total assessment shall then be levied, assessed and charged against the property upon which abatement action was taken not less than ten (10) days after the date of the Municipal Court Referee's determination. In either event, the assessment shall become a perpetual lien against the property, superior and prior to all other liens and encumbrances excepting liens for general and special taxes. The Code Enforcement Administrator shall notify the Chief Financial Officer who shall certify any lien assessment to the El Paso County Treasurer who shall collect the lien assessment in the same manner as ad valorem taxes are collected. (Ord. 98-85; Ord. 01-42; Ord. 03-17; Ord. 04-280; Ord. 11-19)
A. Whenever the Code Enforcement Administrator deems that an emergency exists which requires immediate action to protect the public health, safety and welfare, the Administrator may, without prior notice or hearing, issue an order stating that the emergency exists and requiring that emergency abatement action be taken as deemed necessary to meet the emergency. Notwithstanding any provision of this part to the contrary, the order shall be effective immediately.
B. Any person to whom the emergency order is issued shall comply immediately, and it is unlawful to fail or refuse to comply.
C. In the event that the person to whom the emergency order is issued fails or refuses to immediately comply, the Code Enforcement Administrator may, without prior notice to the owner, occupant or agent of the owner, have removed, corrected or otherwise abated the condition giving rise to the issuance of the emergency abatement order. (Ord. 82-71; Ord. 90-122; Ord. 96-111; Ord. 01-42)
The remedies provided in this article are cumulative and in addition to any other remedies available to the Code Enforcement Administrator. This part shall not be construed to preclude the Code Enforcement Administrator from seeking other remedies in addition to, or in lieu of, the remedies granted. (Ord. 82-71; Ord. 90-122; Ord. 01-42)
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