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The Code Enforcement Administrator, Zoning Administrator or Chief of Police shall have, but not by way of limitation, the following remedies available with respect to abatement of graffiti violations:
A. After careful consideration of the facts and circumstances, the Code Enforcement Administrator, Zoning Administrator or Chief of Police may authorize no action be taken on a complaint of an alleged graffiti violation.
B. The Code Enforcement Administrator, Zoning Administrator or Chief of Police shall have the authority to effectuate the abatement of graffiti violations through informal meetings or conversations.
C. The Code Enforcement Administrator, Zoning Administrator or Chief of Police may enter into an agreement with a violator in which the violator agrees to abate the violation within a certain time frame based upon certain conditions within the agreement. Should the violator not abide by the terms and conditions of the agreement to abate, the Code Enforcement Administrator, Zoning Administrator or Chief of Police may proceed with abatement as authorized in section 9.6.611 of this part.
D. The Code Enforcement Administrator, Zoning Administrator, or Chief of Police may issue a notice and order to the violator ordering the cessation of an illegal condition within a specified period of time based upon the nature of the violation. Should the violator not comply with the notice and order within the period of time specified or appeal the notice and order within the applicable time period, the Code Enforcement Administrator, Zoning Administrator or Chief of Police may proceed with abatement as authorized in section 9.6.611 of this part. (Ord. 94-180; Ord. 96-99; Ord. 01-42)
Whenever abatement proceedings are commenced by the filing of a notice and order by the Code Enforcement Administrator, Zoning Administrator or Chief of Police the notice and order shall:
A. Be in writing.
B. Be personally served whenever feasible on the owner, or agent of the owner, other persons with an interest in the property, and/or occupant of the premises, as applicable. When personal service is not feasible, the notice and order must either be posted conspicuously at the premises or mailed to the last known address of the person by certified mail, return receipt requested.
C. Describe with particularity the asserted violation existing on the premises or property which gives rise to the issuance of the notice and order.
D. Specify the period within which the violation must be abated or otherwise corrected.
E. Inform the property owner that the graffiti may be removed at City expense if the property owner is willing to sign a consent to enter and release form.
F. State that an appeal is available to the Municipal Court Referee provided that a written application is made within ten (10) days of service or posting or receipt of the notice and order. (Ord. 94-180; Ord. 96-99; Ord. 01-42; Ord. 03-17; Ord. 04-280)
A. All appeals of Code enforcement decisions made by the Code Enforcement Administrator, Zoning Administrator or Chief of Police relating to enforcement of violations of this part shall be in accord with the provisions of the City's Zoning Code. A perfected appeal shall operate as a stay of the Code enforcement decision unless the Code Enforcement Administrator, Zoning Administrator or Chief of Police determine that the condition giving rise to the decision constitutes an imminent hazard to the health, safety and welfare of the occupants of the premises or the public.
B. The decision of the Municipal Court Referee shall be final agency action and shall be subject to review by the courts pursuant to applicable rules and statutes, unless the matter is remanded by the Municipal Court Referee. (Ord. 94-180; Ord. 96-99; Ord. 01-42; Ord. 03-17; Ord. 04-280)
In the event that any notice and order issued or agreement to abate entered into pursuant to this part is not complied with according to its terms, the Code Enforcement Administrator, Zoning Administrator or Chief of Police may take steps or order action as the Code Enforcement Administrator, Zoning Administrator or Chief of Police deem necessary and appropriate to abate the condition giving rise to the issuance of the notice and order or agreement to abate. The abatement action includes removal of graffiti. The procedure as outlined in section 9.6.612 of this part for the collection of the costs and expenses shall apply independently and in addition to the remedies provided by this part for violation of any provisions of this part. (Ord. 94-180; Ord. 96-99; Ord. 98-85; Ord. 01-42)
A. Authority To Commence Lien Assessment; 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 Administrator 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)
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, Zoning Administrator or Chief of Police. Nothing contained herein shall be construed to preclude the Code Enforcement Administrator, Zoning Administrator or Chief of Police from seeking other remedies in addition to, or in lieu of, the remedies granted. (Ord. 94-180; Ord. 96-99; Ord. 01-42)
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