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 building official, and further fail to appeal to the town board within the time required by this chapter, the building official 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. Nothing in this chapter shall be construed to prevent the building official from taking immediate action to abate the dangerous building if in the building official'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 the building inspector, 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 Simla 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 five percent (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.
C. Certification To County Treasurer: In the event the assessment for the abatement of the dangerous building is not paid within thirty (30) days of the final billing of the town, or of such deadline as is 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. (Ord. 246, 10-5-2004)