(A) Whenever the Police Chief, a police officer, code enforcement officer or another employee authorized by the Town Manager (referenced, collectively hereafter, as authorized officers) determines that a nuisance exists on or in any lot, building or premises, under any part of this title, the authorized officer may give notice in the manner prescribed in divisions (B) and (C) below.
(B) Such notice prescribed in division (A) above shall:
(1) Be in writing;
(2) Include a description of the property sufficient for identification;
(3) Include a statement of the violation or violations and why the notice is issued;
(4) Include a correction order allowing at least 14 days to make the repairs and improvements required to abate the nuisance;
(5) Inform the property owner of the right to appeal pursuant to division (G) below; and
(6) Include a statement of the town’s right to abate the nuisance and file a lien in accordance with this section.
(C) (1) The authorized official shall promptly post a copy of the notice in a visible location on the property.
(2) Besides such posting, the authorized official shall, if practicable, provide a copy of the notice to the property owner by one or more of the following methods:
(a) By personal delivery to the owner or an occupant of the subject property who is over 18 years of age;
(b) By U.S. mail or other commercial mail service to any address for the owner appearing in the County Tax Assessor’s records, for real property;
(c) By U.S. mail or other commercial mail service to any address for the owner appearing in the State Department of Revenue or other official title or registration records, for other property; and
(d) By any other means reasonably calculated to provide notice.
(D) (1) It shall be the duty of the owner, occupant or agent of any lot, building or premises, in or upon which any nuisance may be found, to abate the same in such manner as the officer serving such notice prescribes, within the time specified in the abatement notice and correction order.
(2) Timely filing of an appeal from the abatement notice and correction order under this section shall extend the time for abatement until a final ruling on that appeal. In addition to any other available sanction or relief, if such owner, occupant or agent neglects or refuses to comply with the requirements of such order within the time specified, he or she commits a violation of this chapter, punishable according to § 91.999.
(E) Upon the expiration of the time for abatement specified in such notice, and including any extension for appeal, as provided above, the authorized officer may cause abatement of such nuisance and payment of the abatement expense by the person so refusing or neglecting.
(F) The authorized officer shall certify to the Town Clerk, as a proposed charge and lien against the subject property, the cost, plus a 20% administrative service charge, of any such action taken pursuant to such court action or pursuant to this chapter.
(G) Notice of assessment; appeal of charges.
(1) Upon receipt of the statement of charges, the Town Clerk shall mail to the owner of record of the subject property a notice, stating the amount and grounds for the charges; that the town proposes to assess the charges against the property; and that any objections to the proposed assessment must be made in writing and filed with the Town Clerk within 14 days from the date of receipt of such notice. Upon the expiration of the 14-day period, if the Town Clerk receives no appeal, the Town Clerk shall, pursuant to C.R.S. § 31-20-105, certify such charges to the office of the County Treasurer that includes the property, for collection in the same manner as taxes, as authorized by C.R.S. Title 31.
(2) If the property owner files an appeal with the Town Clerk before the expiration of the 14-day period, the Town Clerk shall refer the matter to a hearing officer appointed by the Town Clerk for determination.
(3) (a) Upon conclusion of administrative review, the hearing officer shall determine, in writing, whether the charges are proper. The town shall have the burden of proof, by a preponderance of the evidence.
(b) According to that determination, the hearing officer shall affirm, cancel or reduce the charges. The hearing officer shall furnish a copy of this determination to the person making the objections together with a notice of such person’s right to appeal to the District Court.
(4) The hearing officer, on appeal, may reduce or cancel a proposed assessment if it is determined that any of the following did not conform to the provisions of this chapter:
(a) Any required notice to correct the subject violations;
(b) The work performed in abating the nuisance; or
(c) The computation of charges.
(5) Upon a final determination by the hearing officer affirming or reducing the charges, the hearing officer shall certify a copy of the determination to the Town Clerk, who shall certify such charges to the office of the Treasurer of the county, as provided above.
(6) The Town Clerk may delegate to employees of the town any of the functions this section vests in the Town Clerk.
(H) Assessments against property for abatement costs under this section shall not apply to the town’s expenses where other parts of this chapter expressly provide specific alternate processes for assessment or collection of those abatement costs.
(I) (1) In addition to the penal remedy and abatement procedure stated in this section, any violation of this subchapter is a public nuisance, for which there is no adequate remedy at law, and therefore, any court of competent jurisdiction shall, upon the Town Attorney’s proven application, enjoin a nuisance, as defined in this chapter.
(2) (a) Nothing in this chapter shall prevent the Town Attorney from seeking other appropriate legal or equitable relief from any court of competent jurisdiction. In addition, the owner of any property constituting a nuisance shall be liable to the town, jointly and severally with every person creating or maintaining the nuisance, for the town’s reasonable expense of abating the nuisance and the Town Attorney may commence and prosecute to final judgment an action at law in any court of competent jurisdiction to collect those expenses.
(b) As used in this section, court of competent jurisdiction includes, without limitation, the Town Municipal Court, which, insofar as practicable, shall consider and determine applications for legal or equitable relief according to the procedures otherwise applicable to proceedings in State District Courts.
(Ord. 01-2021, passed 1-27-2021; Ord. 08-2022, passed 5-25-2022)