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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)
A. Title; Authority: This section is known as the CITY OF COLORADO SPRINGS UNDESIRABLE PLANT MANAGEMENT ORDINANCE. This section is established in accord with title 35, article 5.5, Colorado Revised Statutes.
B. Advisory Commission: The City Council shall act as the City of Colorado Springs Undesirable Plant Management Advisory Commission. The Advisory Commission shall have the powers and duties set forth in Colorado Revised Statutes section 35-5.5-107.
C. Undesirable Plants Declared: In accord with Colorado Revised Statutes section 35-5.5-108, the following plants are declared to be undesirable plants subject to this article:
1. Leafy spurge (Euphorbia esula).
2. Diffuse knapweed (Centaurea diffusa).
3. Russian knapweed (Centaurea repens).
4. Spotted knapweed (Centaurea maculosa).
5. Canada thistle (Cirsium arvense).
D. Control Of Undesirable Plants:
1. Undesirable plants located within the City limits shall be controlled. "Control" means preventing an undesirable plant from forming viable seeds or vegetative propagules.
2. Enforcement of this section is the duty of the City's Code Enforcement Administrator. As the City's enforcement delegate, the Code Enforcement Administrator has the inspection and abatement authority set forth in Colorado Revised Statutes sections 35-5.5-109 (1), (2), (3), (6), and 35-5.5-110 (3).
3. The Code Enforcement Administrator shall determine suitable methods of biological, chemical, and integrated management methods, as defined by Colorado Revised Statutes section 35-5.5-103, for the control of undesirable plants. These methods shall be reduced to writing and, upon approval by the City Council, shall be applied to private and public property in the City as may be necessary for the control of undesirable plants.
E. Arbitration Panel: In the event a landowner or occupant requests an arbitration panel as provided by Colorado Revised Statutes section 35-5.5-109 (4) or 35-5.5-110 (2), the City Council shall appoint panel members as provided by State law. All panel members shall be compensated at a rate not to exceed six dollars ($6.00) per hour, which cost shall be paid by the landowner or occupant requesting the arbitration panel.
F. Enforcement Procedure: In the event a landowner or occupant fails to comply with the notice to control identified undesirable plants or the management plan developed by the arbitration panel, the City's Code Enforcement Administrator is authorized to compel the control of the undesirable plants at the time, upon the notice, and in the manner as the City Council shall prescribe by resolution; and, upon successfully achieving the level of control called for in the notice to control or the management plan developed by the arbitration panel, to assess the whole cost thereof, including fifteen percent (15%) of the total control costs to cover inspection and other incidental costs in connection with the control, upon the tract of land where the undesirable plants are located. As provided in Colorado Revised Statutes section 35-5.5-109 (5)(a), this assessment shall be deemed a lien and collected provided by State law. In the event the undesirable weeds are located on public lands, the City's Code Enforcement Administrator shall proceed on the City's behalf as provided by Colorado Revised Statutes section 35-5.5-110.
G. Control On City Property: It is the duty and responsibility of the Code Enforcement Administrator to control all undesirable plants located upon City owned property and upon City controlled rights of way. The Mayor shall coordinate control efforts on City owned or controlled property and shall determine by written administrative directive departmental support and the cost of compliance with this subsection.
H. Public Nuisance: Those undesirable plants identified in subsection C of this section, the person's carriers, and any and all premises, plants, and things infested are declared to be a public nuisance and, notwithstanding subsections A through G of this section, the City Council may by resolution or ordinance take action, including removal and destruction of the nuisance, as it in its discretion deems necessary to protect the public health, safety or welfare, all as provided by Colorado Revised Statutes section 35-5.5-113. (Ord. 92-33; Ord. 96-111; Ord. 01-42; Ord. 11-19)
In the enforcement of this part, the Administrator shall have the right to enter property for the purpose of inspecting, abating, removing or preventing violations of this part in accord with the provisions of section 9.6.505 of this article. The Administrator shall also have the authority to enter into agreements with violators for the abatement of Code violations in accord with section 9.6.507 of this article. (Ord. 03-123)
A. It is unlawful for any person, without authorization, whether by threat or deception, to knowingly obtain or in any manner exercise control over any goods, wares, merchandise or any other thing of value having a value of less than two thousand dollars ($2,000.00) which is owned or held by and offered or displayed for sale by any stores or other mercantile establishment, and the person:
1. Intends to deprive the store or mercantile establishment permanently of the use or benefit of the thing of value; or
2. Knowingly uses, conceals, abandons or otherwise exercises control over the thing of value in such a manner as to deprive the store or mercantile establishment permanently of its use or benefit; or
3. Uses, conceals, abandons or otherwise exercises control over the thing of value intending that the use, concealment, abandonment or control will deprive the store or mercantile establishment permanently of its use or benefit.
B. For purposes of this section, "deception" includes obtaining a full or partial refund for any goods the person knows have not been paid for or attempting to purchase or purchasing any goods for which the person knows the purchase price has been altered.
C. It shall constitute prima facie evidence that a person intended to commit the offense of shoplifting if the person wilfully conceals unpurchased goods, wares, merchandise, or any other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on the person or otherwise and whether it takes place on or off the premises of the store or mercantile establishment. (Ord. 82-162; Ord. 83-94; Ord. 85-174; Ord. 90-25; Ord. 92-86; Ord. 98-65; Ord. 01-42; Ord. 07-141; Ord. 14-69)
If any person wilfully conceals unpurchased goods, wares, merchandise, or any other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on their own person or otherwise and whether such shall take place on or off the premises of the store or mercantile establishment, the concealment shall constitute prima facie evidence that the person intended to commit the offense of shoplifting. (Ord. 82-162; Ord. 83-94; Ord. 01-42)
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