(A) Refusal to comply. Should the owner, or person or persons in control of the dangerous building fail or refuse to comply with the notice and order issued by the town’s representative within the time required by this chapter, the town’s representative, through the town’s Police Department, shall cause a summons and complaint to be served upon the person or persons, in accordance with the Colorado Municipal Court rules of procedure, requiring the person or persons to appear in the town’s Municipal Court on a date certain to answer the charges against him or her. Nothing in this chapter shall be construed to prevent the town from taking immediate action to abate the dangerous building if in the town’s representative’s discretion immediate action is required due to an imminent and immediate hazard, danger and safety factor existing to the public at large if immediate action is not taken.
(B) Abatement. The town, through its representative, upon the determination that an owner, person, or persons, in control of a dangerous building, has failed and refused to bring the dangerous building into compliance, and/or upon a finding of the Municipal Court Judge that the subject property is in violation of this chapter, may take such action as is necessary to abate the dangerous building and to bring the subject property into compliance. The whole cost, thereof, including the town’s reasonable costs (including legal, engineering and other technical expenses) incurred in enforcing this chapter, together with 5% for inspection and other incidental costs in connection therewith, shall be assessed upon the lots and tracts of land which have been adjudicated to be a dangerous building. The assessment shall be a lien against each lot or tract of land until paid, the expenses and assessment to be paid within 30 days of assessment. The land owner may request a motion before the Municipal Court upon the reasonableness of the assessment; provided that, such request is made within ten days of the assessment.
(C) Certification to County Treasurer. In the event the assessment for the abatement of the dangerous building is not paid within 30 days of the final billing of the town, or of such deadline as is established by the town’s Municipal Court, whichever the case may be, the town may certify the sum owed to the County Treasurer who shall collect the assessment, together with a 10% penalty for cost of collection, in the same manner as other taxes are collected against real property.
(Prior Code, § 514.6) (Ord. 565, passed 11-7-2013)