(a) Within fourteen (14) days of the abatement proceeding, the Hearing Officer shall issue an enforcement order as follows:
(1) If the Hearing Officer determines that the City established existence of the nuisance(s) listed in the notice of violation, the reasonableness of and lawful basis for the abatement of a violation(s) as of the date of the violation that still exists as of the date of hearing, the Hearing Officer shall grant the City's request and issue an enforcement order containing the following items:
a. Written findings of fact and conclusions of law supporting the finding of liability;
b. A provision imposing penalties and costs as provided in this Article; and
c. If applicable, a requirement that the responsible party remedy or abate the violation(s) within a specified period of time and, if the responsible party fails to do so, authorizing the City without further order, to take reasonable steps to abate the violation(s) as long as the same may be accomplished without entering any building upon the property.
d. If the City takes action to abate the nuisance violations(s), the City may assess the reasonable costs of the abatement action to the property owner.
(2) If the hearing officer determines that the City has not established the existence of the nuisance(s) listed in the notice of violation, and the reasonableness of and lawful basis for the abatement of the violation(s) as of the date of the notice of violation, the Hearing Officer shall deny the City's request for an enforcement order and dismiss the matter.
(b) Any enforcement order issued may include an award of administrative costs if the Hearing Officer determines that the City has established the costs by a preponderance of the evidence. The Hearing Officer may take judicial notice of the administrative fees related to his or her time in conducting the hearing, issuance of the enforcement order and other time associated with the matter.
(c) The enforcement order shall be mailed to each responsible party identified by the City by first-class mail to the address of the responsible party as reflected in the City's records. The failure of any person to receive the enforcement order under this Section shall not affect the validity of any proceedings or assessment under this Article.
(d) The enforcement order shall, upon mailing to each responsible party identified by the City, constitute a final action unless appealed directly to the District Court of the 12th Judicial District for judicial review of such decision pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. Failure to timely appeal constitutes a waiver of any right any party may otherwise have to contest the enforcement order. (Ord. 453 § 1, 2024)