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A. Right of Entry:
1. The Manager shall have the right to enter upon any premises at any reasonable time for the purpose of enforcing this UDC, including abatement of violations.
2. If the owner or occupant of any premises located within the City refuses to permit entry to the Manager sought pursuant to this Subsection, or should permission to enter the premises otherwise not be obtainable from the owner or occupant, the Manager may make application to any Judge of the Municipal Court for the issuance of a warrant to inspect the premises or a warrant to search for and/or seize property located upon the premises. The sworn application shall identify the premises upon which entry is sought and the purpose for which entry is desired. The application shall state the facts giving rise to the belief that a condition that is in violation of the requirements of this UDC exists on the premises, or that a violation in fact exists and must be abated. Any warrant issued shall command the owner or occupant to permit entry to the Manager for the purposes stated.
B. Emergency Abatement Order:
1. If the Manager deems that an emergency exists that requires immediate action to protect the public health, safety, and welfare, the Manager may, without prior notice or hearing, issue an order stating that an emergency exists and requiring that such action be taken as deemed necessary to meet the emergency. Notwithstanding any provision of this Part 7.5.9 to the contrary, the order shall be effective immediately.
2. It shall be unlawful for any person to whom an emergency order is issued to fail to comply with the emergency order immediately. In the event that the person to whom the emergency order was issued fails or refuses to immediately comply, the Manager may request, without prior notice to the owner, occupant, or agent of the owner, that the dangerous condition be removed, corrected or otherwise abated to an extent that it is no longer an imminent hazard to the public health, safety and welfare. Except as otherwise provided, the provisions of Part 7.5.9 and Chapter 9, Article 6 of this Code, shall apply to any removal, correction, or other abatement action taken pursuant to an emergency order.
C. Stop Work Order for Hillside Site and Grading Plan:
1. The Manager may issue a stop work order upon a determination that work is being performed without a Hillside Site and Grading Plan required by this UDC or in violation of an existing Hillside Site and Grading Plan if:
a. The nature of the disturbance or work being performed would cause irreparable harm;
b. Less harm would result to the property owner, if the stop work order is issued, than to the public if not issued; and
c. Public interest weighs in favor of preserving the status quo.
2. Stop Work Order decisions may be appealed pursuant to Section 7.5.415 (Appeals). (Ord. 23-03)
The Manager may use any or all of the powers listed below to enforce the provisions of this UDC. Remedies provided in this Section shall be cumulative and in addition to any other remedies. Nothing contained in this Part 7.5.9 shall be construed to preclude the Manager from seeking any other remedies in addition to or in lieu of the remedies granted in this Section.
A. No Action: After careful consideration of the facts and circumstances, the Manager may take no action on a complaint of an alleged zoning violation.
B. Informal Contact: The Manager shall have the authority to effectuate the abatement of zoning violations through informal meetings or conversations.
C. Agreement to Abate: The Manager may enter into an agreement with a violator whereby the violator agrees to abate the violation within a certain time based upon certain conditions within the agreement. Should the violator not abide by the terms and conditions of the agreement to abate, the Manager may proceed with abatement as authorized in this Section.
D. Notice and Order: The Manager may issue a notice and order 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 fail to appeal the notice and order within the applicable time period, the Manager may proceed with abatement as authorized in Section 7.5.907 (Penalties).
E. Suspension or Revocation of Permit:
1. The Manager may issue a notice to show cause as described in Subsection 7.5.906B (Service of Notice) stating the alleged grounds for suspension or revocation and the date, time, and place of a hearing before the Planning Commission, which shall hold a public hearing on the allegations contained in the notice to show cause.
2. The Planning Commission may suspend or revoke a permit if it finds, by a preponderance of the evidence, that the activity or structure described in the notice to show cause is in violation of this UDC or a condition attached to a permit or approval related to the activity, structure, or property. Upon such a finding, the Planning Commission shall revoke the permit authorizing the activity or structure or shall suspend the permit authorizing the activity or structure until activity or structure is in compliance with this UDC and all conditions attached to any permit or approval related to the activity listed in the notice to show cause.
3. A suspended permit may be suspended for up to thirty (30) days and for so long thereafter until reinstated by the Manager upon proof that the cause of the suspension has been remedied.
4. A decision by the Planning Commission to suspend or revoke a permit may be appealed in accordance with Section 7.5.415 (Appeals).
5. A suspension or revocation shall be effective immediately upon the decision of the Planning Commission or, if appealed, of the City Council.
6. Suspension or revocation on non-renewal of a permit may be in addition to any remedy provided for in this UDC including the remedies available in this Part 7.5.9
F. Direct Abatement: The Manager may pursue direct abatement for removal of any UDC violation in conjunction with a search and seizure warrant issued by Municipal Court in accord with Subsection 7.5.904A (Right of Entry).
G. Civil Action: The Manager, with the concurrence of the Mayor, may request the City Attorney to initiate a civil action in the District Court for injunctive relief to abate violations of this UDC.
H. Reinspection Fees: The Manager may charge reinspection fees for UDC violations in accord with Subsection 7.5.907B (Reinspection Fees).
I. Criminal Prosecution: The Manager may pursue the issuance of a summons and complaint in accord with Subsection 7.5.907C (Summons and Complaint).
J. Summary Abatement: After consultation with the City Attorney, the Manager shall have the power to authorize the removal of an item from private property that may create an imminent hazard to the public health, safety, and welfare. (Ord. 23-03)
A. Notice: Any notice required as part of enforcement of this UDC in accordance with Part 7.5.9 shall be in writing and shall:
1. Describe with particularity the asserted violation existing on the premises or property that gives rise to the enforcement action.
2. Specify the period within which the violation must be abated or otherwise corrected.
3. Note the availability of appeal to the Planning Commission, provided that a written notice of appeal and an appeal application is made within ten (10) days from the date of mailing, posting, or personal service of the notice and order.
B. Service of Notice: The notice shall be personally served whenever feasible on the owner, the owner's agent, other persons with an interest in the property, and/or the occupant of the premises, as applicable. If personal service is not feasible, the notice and order shall either be posted conspicuously at the premises or mailed to the last known address of the person by certified mail, return receipt requested. (Ord. 23-03)
A. Direct Abatement: If any order issued in accordance with this Part 7.5.9 is not complied within the specified time, the Manager may correct the violation or abate the nuisance or hazard itself, or through private contract, and may recover the costs of such correction or abatement from the owner of the property in accordance with this Section 7.5.907.
B. Reinspection Fee:
1. Imposition of Fee: The owner of the property who has been issued a notice and order for violation(s) of this UDC, and who fails to comply with an order to abate, may be assessed a reinspection fee for every reinspection necessitated by the owner's continued noncompliance with the notice and order to abate. Reinspection fees shall be assessed for all site visits until the violation is abated. The violation(s) shall be regularly reinspected until the owner successfully complies with the notice and order to abate.
2. Fee Schedule:
a. First-Time Offender:
(1) A first-time offender related to a primary residential use shall be assessed a first-time offender reinspection fee of $100 for the first reinspection, $250 for a second reinspection, and $500 for a third and each subsequent reinspection required until compliance is achieved.
(2) A first-time offender for a property containing a primary mixed-use or nonresidential property shall be assessed a first-time offender reinspection fee of $500 for the first reinspection, $750 for the second reinspection, and $1,000 for the third and each subsequent reinspection required until compliance is achieved.
b. Repeat Offender:
(1) A repeat offender previously cited for a failure to comply with a notice and order to abate during any successive six (6) month period for a violation(s) that has occurred at the property shall be assessed a reinspection fee of $250 for each reinspection conducted until compliance is achieved. The Manager may remove the repeat offender designation if, after abatement, the owner has no further violation(s) for a period of six (6) months. If a repeat offender designation is removed and the owner has a subsequent violation on the same property, that owner shall be reclassified as a repeat offender.
(2) A repeat offender who reengages in prohibited zoning activities at any time within a twelve- (12) month period following the prior violation shall be assessed a reinspection fee of $250 for each reinspection conducted until compliance is achieved. If after a period of one (1) year no UDC violations or enforcement activity relating to any UDC violation occur, the repeat offender shall be reclassified as a first-time offender.
c. Chronic Repeat Offender:
(1) A chronic repeat offender previously cited for a failure to comply with a notice and order to abate for a violation(s) that has occurred at the property in violation for a period of twelve (12) or more successive months shall be assessed a reinspection fee of $500 for each reinspection completed until compliance is achieved. The Manager may remove the chronic repeat offender designation if the owner has no further violation(s) on the property for a period of twelve (12) months. If a chronic repeat offender designation is removed and the owner has a subsequent violation, that owner shall be immediately reclassified as a chronic repeat offender.
(2) A chronic repeat offender who reengages in prohibited zoning activities at any time within a twelve- (12) month period following the prior abatement shall be assessed a reinspection fee of $500 for each reinspection conducted until compliance is achieved. If after a period of three (3) years no UDC violations or enforcement activity relating to any UDC violation occur, the chronic repeat offender shall be reclassified as a first-time offender.
d. Failure to Comply with Agreement to Abate: Any owner who fails to comply with an agreement to abate prohibited zoning activity shall be classified as a chronic repeat offender and shall be assessed a reinspection fee of $500 for each reinspection conducted until compliance with the agreement to abate is achieved.
3. Billing and Payment:
a. The owner shall be billed via certified mail. Payment shall be required to be made within twenty (20) days of the date of mailing.
b. If the owner fails to make payment within twenty (20) days of the date of mailing, the Manager is authorized to file a lien against the property for fees in accordance with Subsection D below. The lien shall include any costs incurred in the perfecting of the lien, and may include all costs incurred by the City associated with the removal, correction or other abatement necessitated by the offender's continued violation and failure to abate following issuance of a notice and order to abate.
C. Summons and Complaint: The Manager is authorized to request the issuance of a summons and complaint for any violation of this UDC in accord with Section 1.1.201 of the City Code.
D. Lien Assessment:
1. Authority: When a person fails or refuses to comply with an order to abate and the Manager has reinspected and removed, corrected, or abated the violation, the Manager is hereby authorized to commence lien assessment proceedings against the property in accord with the provisions of this Subsection D. The lien may include an administrative surcharge of twenty-five (25) percent of the cost of abatement proceedings. The lien created hereby shall be superior and prior to all other liens excepting liens for general and special taxes.
2. Notice:
a. Content of Notice: Prior to the imposition of a lien, the Manager shall send the property owner written notice of lien assessment that shall include 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 issuance of the order to abate;
(3) The name of the contractor that 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 abatement, and the amount of the administrative surcharge;
(5) A due date for payment of the assessment that is at least 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; and
(7) A statement explaining the appeal procedure for the notice of lien assessment.
b. Service of Notice:
(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) If 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 Manager is authorized to post the notice in a conspicuous place on the property to be assessed.
3. Appeal and Hearing:
a. A property owner must appeal a notice of lien assessment in writing within ten (10) days of its date of mailing, posting, or personal service by the property owner or the owner's agent, or within ten (10) days from its date of mailing, posting, or personal service to be assessed. The notice of appeal shall state the name and address of the property owner, the address of the property assessed, and the grounds for appeal.
b. The appeal shall be heard by the Planning Commission in accord with Section 7.5.415 (Appeals).
c. The Planning Commission 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 Planning Commission shall not modify or change the amount of the reinspection fee or the administrative surcharge.
4. Effect and Effective Date of Assessment:
a. 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 Manager shall notify the Chief Financial Officer who shall certify any lien assessment to the El Paso County Treasurer. The El Paso County Treasurer shall collect the lien assessment in the same manner as ad valorem taxes are collected.
b. If not appealed, the total assessment shall be levied, assessed, and charged against the property upon which abatement action was taken not less than ten (10) days from its date of mailing, posting, or personal service after the property owner's or agent's mailed receipt of the notice of lien assessment or posting on the property to be assessed.
c. If appealed, the Planning Commission'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 Planning Commission's determination. (Ord. 23-03)
A. The Manager is authorized to establish procedures and guidelines to accomplish the purposes of this Section 7.5.908. Copies of any procedures and guidelines shall be available for inspection at the offices of the Manager during regular business hours.
B. No systematic or programmatic UDC enforcement program shall be initiated for a neighborhood or area within the City without the prior approval of the Manager.
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