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)