9.6.511: LIEN ASSESSMENT:

   A.   Authority To Commence Lien Assessment Proceedings; Administrative Surcharge: When the owner or occupant of property fails to comply with an order to abate 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: After 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 Of The Notice Of Assessment:

      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 Office is authorized to post the notice in a conspicuous place on the property to be assessed.

   D.   Appeal And Hearing:

      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 chapter 6, article 5 of this 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 shall 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)

9.6.512: EMERGENCY ABATEMENT ORDERS:

   A.   Whenever the Code Enforcement Administrator or the Zoning Administrator determines that an emergency exists which requires immediate action to protect the public health, safety and welfare of the occupants of the premises or of the public, the Code Enforcement Administrator or the Zoning Administrator may, without prior notice or hearing, issue an order stating 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.   It is unlawful for any person to whom an emergency order is issued to fail to comply immediately. In the event that the person to whom the emergency order was issued fails or refuses to immediately comply therewith, the Code Enforcement Administrator or the Zoning Administrator may direct, without prior notice to the owner, that the dangerous condition be removed, corrected or otherwise abated so that it is no longer an imminent hazard to the public health, safety and welfare of the occupants of the premises or of the public. Except as otherwise provided, the provisions of section 9.6.511 of this part and section 6.5.107 of this Code shall apply to the removal, correction or other abatement. (Ord. 90-119; Ord. 96-111; Ord. 01-42)

9.6.513: ADDITIONAL REMEDIES:

   A.   The remedies provided in this part shall be cumulative and in addition to any other remedies which may be available to the Code Enforcement Administrator or the Zoning Administrator. Nothing contained herein shall be construed to preclude the Code Enforcement Administrator or the Zoning Administrator from seeking other remedies in addition to, or in lieu of, the remedies granted in this part.

   B.   After consideration of the facts and circumstances, the Code Enforcement Administrator or the Zoning Administrator may authorize that no action be taken on a complaint of an alleged violation.

   C.   The Code Enforcement Administrator or the Zoning Administrator shall have the authority to effectuate the abatement of Code enforcement violations through informal meetings or conversations. (Ord. 90-119; Ord. 01-42)

9.6.514: PROCEDURES AND GUIDELINES:

The Code Enforcement Administrator or the Zoning Administrator are hereby empowered to promulgate procedures and guidelines to accomplish the purpose of this part. (Ord. 90-119; Ord. 01-42)

PART 6 UNLAWFUL GRAFFITI

SECTION:

9.6.601: Purpose

9.6.602: Enforcement Clause

9.6.603: Definitions

9.6.604: Defacement Prohibited

9.6.605: Possession Of Graffiti Materials Prohibited

9.6.606: Graffiti Removal Required; Time Limits

9.6.607: Right Of Entry

9.6.608: Remedies

9.6.609: Notice And Order

9.6.610: Appeal Of Notice And Order; Hearing

9.6.611: Failure To Comply With Notice And Order Or Agreement To Abate

9.6.612: Lien Assessment

9.6.613: Procedures And Guidelines

9.6.614: Additional Remedies

9.6.615: Penalty

9.6.601: PURPOSE:

The purpose of this part is to protect the health, safety, and welfare of all the citizens of the City by eliminating the proliferation of graffiti within the City, because graffiti contributes to the deterioration of neighborhoods, the depreciation of property values and increases criminal activity. (Ord. 94-180; Ord. 01-42)

9.6.602: ENFORCEMENT CLAUSE:

The Code Enforcement Administrator, Zoning Administrator and Chief of Police are authorized to perform and enforce all provisions of this part. (Ord. 94-180; Ord. 01-42)