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A. Weeds And Brush Kept Cut: No owner of any lot, block, or parcel of ground within the town, nor any tenant or agent in charge thereof, shall allow or permit weeds or brush to grow, or remain when grown, on such lot, block, or parcel of ground, or on or along any sidewalk, road, alley, or other traveled thoroughfare, adjoining the same, or in the alley behind the same, but such weeds and brush shall be cut reasonably close to the ground and kept so cut throughout the growing season. Excepted from this subsection shall be those vacant parcels located within the town, which are one acre, or more, in size and which are used for livestock grazing, forage, feed production, or other agricultural purposes.
B. Undesirable Plants Or Noxious Weeds: In conformance with Colorado Revised Statutes 35-5.5-101 et seq., i.e., the Colorado noxious weed act, the town shall formulate and enact a management plan for the control and eradication of noxious weeds, as defined by the state of Colorado, or as designated by the town board of trustees or county of Elbert. The town board shall designate, on a yearly basis, one or more of its employees to include in his or her duties, the observation, location, and eradication of any noxious weed as designated by state rule or has been declared a noxious weed by the county of Elbert or the town board. Such employee shall receive the necessary training and information from the state of Colorado or county of Elbert, as necessary, to allow the employee to perform his other duties in eradicating said noxious weeds. The town shall cooperate with, and shall integrate its management plan with and through, by appropriate intergovernmental agreement when applicable, the state of Colorado and county of Elbert whenever possible.
C. Trees And Shrubs On Town Rights Of Way Or Other Public Property: It is the responsibility of property owners, adjoining public rights of way or other similar public property, to plant, spray, prune, maintain, and/or remove trees and shrubs located on platted streets, alleys, and public grounds, or within the easements of all streets, alleys, and public grounds, as may be deemed necessary by the town board of trustees, or its designated employee or officer, to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. Further, the town shall be allowed to remove or cause to be removed, any tree, shrub, or part thereof, which is in an unsafe condition (such as impeding the sight of drivers of vehicles as to approaching or turning vehicles), or which by reason of its nature is injurious to sewer or utility lines, or other public utilities or improvements, or is infected with any dangerous fungus, blight, insect, or disease. The town may also remove or cause to be removed any tree or part thereof, which is protruding over any street or roadway allowing less than a minimum of sixteen feet (16') clearance above the grade of the roadway.
D. Trees And Shrubs To Be Removed From Private Property: The town shall have the authority to require of any landowner on whose property is located dead or diseased trees or shrubs, or portions of such trees or shrubs, to remove such trees, shrubs, or portions thereof, when the condition of the trees, shrubs, or portions thereof constitute a hazard to personal or public safety or property, due to fire hazard, spread of fungus, insects, blight, or disease, or other conditions which constitutes a potential threat to the health of other trees or shrubs growing within the town. (Ord. 246, 10-5-2004)
A. Definitions: For the purpose of this code, the word "rubbish", "refuse", "junk", or "litter" shall mean and include all types of rubbish, including grass clippings, leaves, hay, straw, manure, shavings, excelsior, paper, ashes, silt, discarded furniture, discarded appliances, containers, boxes, glass, cans, bottles, garbage, trash, scrapped material and parts, junked parts, waste and discarded building and construction material, including, but not limited to, plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire, or metal binding, litter, sacks or loose, discarded or unused material; and all rubbish of any kind or nature whatsoever; and any other materials commonly known as rubbish or refuse of any kind or character or by any means known. The term "rubbish" or "refuse" shall not include nonhazardous, nontoxic, organic materials contained in compost bins or piles or stored "mulch" commonly accepted and used by organic gardeners, landscapers, and owners or tenants of property for private use in yards, gardens, flowerbeds, landscaping, or similar legitimate use.
B. Deposit Of Rubbish, Refuse, Junk And Litter On Property Prohibited: No person, landowner, tenant, entity, or one otherwise in possession or control of real property located within the town of Simla, shall deposit or place, or allow others to deposit or place, on his or her property, any rubbish, refuse, junk, or litter in such a manner that the same is or tends to become a nuisance, or which creates a foul odor, aesthetically unpleasing, unsanitary, unhealthy, or dangerous or potentially dangerous condition upon the property or to surrounding properties.
C. Allowing Rubbish, Refuse, Junk And Litter Prohibited: No person, landowner, tenant, entity, or one otherwise in possession or control of real property located within the town of Simla, shall in any manner allow rubbish, refuse, junk, or litter to be located upon any public street, right of way, alley, sidewalk, curb, gutter, wastewater facility, or other public place, or upon his or her own property or premises, or the property or premises of another.
D. Obstruction Of Streets And Alleyways Prohibited: It shall be unlawful for any person to attempt to take action, or to cause in any way the obstruction, blockage or in any way to inhibit the use of the town's streets, alleyways or other property. Any such obstruction shall be deemed to be a public nuisance and the town may take such immediate action as is necessary to restore the public's use of the street, alleyway, or property, assessing the cost thereof to the person or entity unlawfully obstructing, blocking, or otherwise inhibiting the use of the town's streets, alleyways, or other public property.
E. Removal Of Dead Animals: It shall be the responsibility of any landowner, tenant, or other person in possession of real property within the town to remove and properly dispose of the body of any pet or other animal that may die while on the property or while under the control, possession, or care of the person in possession of property.
F. Stagnant Water: It is the responsibility of property owners within the town to prevent standing water on the property to the extent that the water becomes stagnant, foul smelling, or otherwise become a breeding place for mosquitoes, other harmful insects, or disease.
G. Explosive Or Inflammable Materials: Any owner, either of a residence or business, which includes in or outside of such residence or business, materials which have been determined by the chief of the fire department, building inspector, a code enforcement officer (or similar town employee), or the chief of police to be highly explosive or inflammable, shall not be allowed to maintain such materials at his or her residence or business, unless he or she has reasonably demonstrated to the appropriate town officer, that such materials can be maintained in accordance with applicable fire codes, building codes, and other relevant codes, in a safe manner. (Ord. 246, 10-5-2004)
A. Definitions: ”Junked motor vehicle” shall mean any vehicle not capable of travel under its own power, or any vehicle not bearing current registration plates, or if bearing such plates, which remains stationary or unused for more than ninety (90) consecutive days; or any automobile, truck, or self-propelled vehicle which does not comply with the minimum safety requirements of the Colorado Motor Vehicle Law; provided, however, that such definition shall not include antique vehicles, which are capable of travel under their own power but which do not bear current registration plates when such vehicles are located upon vehicle sale lots which hold current town business licenses.
B. Junked Motor Vehicles Prohibited: It shall be unlawful for any person, whether owner, tenant, occupant, lessee, or otherwise, who resides upon or is in control of property, to permit or allow any junked motor vehicle or parts thereof to remain on the property longer than thirty (30) days; provided, that this section shall not apply with regard to a vehicle or parts of a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of the business enterprise and a privacy fence has been installed as described below, or a vehicle, in an appropriate storage place or depository maintained for impounded vehicles by the town or its agent.
1. Any such property which is a business enterprise operated in a lawful place and manner which uses junked vehicles, discarded vehicles, substantial wrecked vehicles, or parts thereof, as a part of and necessary to the operation of the business enterprise, shall enclose the premises upon which the vehicles are located, at the owner's expense, with a wooden privacy fence or with other material that has prior approval of the board of trustees and which is aesthetically acceptable to the board. The enclosure must be at least six feet (6') in height. The fence shall completely surround the subject property, or portions thereof, upon which the vehicle or vehicles, or parts are located, which is visible from any other property. The fence shall be solid, or otherwise designed so as to hide the property from public view. The fence shall be approved and constructed prior to the operation of the business.
(Ord. 246, 10-5-2004; amd. Ord. 330, - - )
A. Notification: Except as set forth herein, upon determination by the town, through its authorized and designated employees or agents, that a violation of this chapter has occurred, the landowner, tenant, entity, or person or persons, otherwise in control of the subject property shall be notified of the violation and shall be required to remove the nuisance within a specified amount of time as set forth below. The landowner, tenant, entity, or person or persons otherwise in control of the subject property, or a combination of the same, may also be subject to fines and costs as set forth in this chapter. At the discretion of the town, through its authorized employees or agents, the town may first seek to resolve the violation through personal contact with the person or persons in control of the offending property, or by certified mailing to the person or persons at their last known address.
B. Notice Of Violation: Should the person or persons in control of the offending property, refuse to comply with the informal request to bring his or her property into compliance, or should the town determine that a formal notice should be served immediately, a formal notice of violation shall be either personally served upon or mailed by certified mail to the person or persons in control of the offending property. The notice of violation shall include a description of the subject or offending property by street address and shall inform the person of the applicable violation of this code. The notice shall include a copy of the applicable portion of this code or other code adopted by the town and shall further state what action the owner must take to bring his or her property into compliance with the code and shall set a date certain, as set forth below, in which time the subject property must be in compliance with town codes.
C. Time For Compliance: Any notice of violation conveyed in accordance with this code shall require the person or persons in control of the offending property to bring his or her property into compliance within the following time periods, measured as of the date of the notice (and not the date of receipt of the notice):
The town, through its employees or agents, may grant extensions of time for compliance for good cause shown. The person or persons in control of the offending property shall not be required to notice in the case of the obstruction of town thoroughfares as described in subsection 3-1-3D of this chapter and the town, through its agents or employees, make take immediate action to remove the obstruction or blockage in such cases.
D. Failure To Comply: Should the person or persons in control of the offending property fail or refuse to comply with the notice of violation within the time set forth in the notice, the town 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 Simla municipal court on a date certain to answer the charges against him or her.
E. Abatement: The town, through its employees and agents, upon the determination that a person or persons in control of the offending property, has failed and refused to bring the subject property into compliance, and/or upon a finding of the Simla municipal court judge that the subject property is in violation of this chapter, may take such action as is necessary to abate the nuisance and to bring the subject property into compliance. The whole cost, thereof, including the town's reasonable attorney fees, together with five percent (5%) for inspection and other incidental costs in connection therewith, shall be assessed upon the lots and tracts of land from which the nuisance item or items are removed. The assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments.
F. Certification To County Treasurer: In the event the assessment for the abatement of the nuisance is not paid within thirty (30) days of the final billing of the town, or such deadline as established by the Simla municipal court, whichever the case may be, the town may certify the sum owed to the Elbert County treasurer who shall collect the assessment, together with a ten percent (10%) penalty for cost of collection, in the same manner as other taxes are collected. The certification described herein shall be applicable to those violations set forth in section 3-1-2; subsections 3-1-3B, C, and D; and section 3-1-4 of this chapter. (Ord. 246, 10-5-2004; amd. Ord. 319, 8-11-2020)
A. The town representative shall first seek to resolve any violation of this chapter by issuing a notice in letter form informing the property owner of the violation and containing a time limit for the property owner to comply. The written notice shall be delivered by the town representative, in person, or by regular mail.
B. If the property owner fails to adequately respond to the informal request to correct the offending condition existing on his or her property, the town representative shall issue a formal notice and order as described in section 3-1-5. Any such notice and order shall also require that a fine be paid in the amount of forty five dollars ($45.00) within the time limit set forth in the notice.
C. If the property owner fails to correct the offending condition existing on his or her property within the time set forth in the notice and order, the town shall issue a summons and complaint requiring the property owner to appear in Simla Municipal Court at a date certain. Should the property owner be found guilty of violating this chapter, he or she shall be subject to a fine not to exceed the sum of seven hundred dollars ($700.00) for each day that the violation exists or for each occurrence, in addition to the abatement costs described in this section. (Ord. 319, 8-11-2020)