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O-2002-39

AN ORDINANCE

AMENDING SECTIONS 9.85.060, 9.85.070, 9.85.080 AND 9.85.090 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO DEFACED PROPERTY FEES

WHEREAS, in 1995 the City of Lakewood adopted Chapter 9.85 of the Lakewood Municipal Code relating to the prohibition and removal of graffiti; and,

WHEREAS, it is necessary to amend Chapter 9.85 to increase the fees relating to the administrative cost of City removal of graffiti and to clarify other ordinance provisions.

NOW, THEREFORE, BE IT ORDAINED By The City Council of The City of Lakewood, Colorado, That:

SECTION 1. Section 9.85.060 of the Lakewood Municipal Code is hereby amended to read as follows:

9.85.060 Notification of nuisance.

A. The owner of any property defaced by graffiti, which is located within this municipality, shall be given written notice to abate the public nuisance on his property by removal or eradication of the graffiti within five days after service of the notice. Such notice shall be by personal service to the owner, or by posting the notice on the defaced property together with written notice mailed to the owner by first class mail, postage prepaid.

B. The notice to the property owner shall direct the owner to remove or eradicate the graffiti from the property within five days after service of the notice. The notice shall contain:

1. The location of and a description of the violation;

2. A demand that the owner remove or eradicate the graffiti from the property within five days after service of the notice;

3. A statement that the owner may voluntarily agree to immediate removal or eradication of the graffiti by the city with the costs assessed to the property owner;

4. A statement that the owner's failure or refusal to remove or eradicate the graffiti may result in abatement by the city, in addition to any other available remedies and the costs of such abatement, together with an additional administrative fee of at least one hundred dollars for inspection and incidental costs, may be assessed as a lien against the property pursuant to the terms of this chapter, and collected in the same manner as real estate taxes against the property;

5. A statement that if the costs of abatement plus the administrative fee for inspection and incidental costs is not paid to the city within thirty days after notice to the property owner of costs owed to the city, the amount owed will be certified to the County Treasurer and an additional administrative fee of at least one hundred dollars, for a total of at least two hundred dollars in administrative fees, will be assessed for administrative and other incidental costs incurred in certifying said amount to the County Treasurer; and

6. A statement that the owner may make written demand to the Director of Community Planning and Development for an administrative abatement hearing before the City Manager or his designee, provided the written demand is made within five days after service of the notice, and provided the written demand for a hearing contains the owner's current address and a telephone number where he can be reached between the hours of eight a.m. and five p.m., Monday through Friday. Written demand for a hearing shall be sent to the Director of Community Planning and Development, Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado 80226-3127.

SECTION 2. Section 9.85.070 of the Lakewood Municipal Code is hereby amended to read as follows:

9.85.070 Abatement procedure.
If the owner of property defaced by graffiti fails or refuses to remove or eradicate the graffiti as directed within the time permitted, and has not made written demand for an administrative abatement hearing, the Director of Community Planning and Development shall notify the City Manager of the violation. The City Manager or his designee may then cause the graffiti to be removed or eradicated by city employees or private contractor.

SECTION 3. Section 9.85.080 of the Lakewood Municipal Code is hereby amended to read as follows:

9.85.080 Administrative hearing.

A. Upon receipt of a written demand by the property owner for an administrative abatement hearing, the Director of Community Planning and Development shall notify the City Manager or his designee and a hearing shall be held within seven days after receipt of the demand. Notice of the hearing date and location shall be mailed to the owner at the address listed in the written demand.

B. At the administrative abatement hearing the City Manager or his designee shall hear such statements and consider such evidence as the Director of Community Planning and Development, code enforcement officers, the owner of the property, or any other witness, shall offer which is relevant to the violation. The property owner and the Director of Community Planning and Development may be represented by legal counsel at such hearing. The City Manager or his designee shall make written findings of fact based upon the evidence offered at the hearing regarding the violation and shall determine whether the graffiti shall be removed or eradicated. The City Manager or his designee shall within three days after the hearing issue a written order stating whether a violation exists on the property in issue. If the City Manager or his designee finds a violation exists and the graffiti shall be removed, the order shall direct the owner of the property to remove or eradicate the graffiti. The written order shall be mailed to the property owner by first class mail, postage prepaid.

C. If an order issued by the City Manager or his designee directing an owner to remove or eradicate graffiti has not been complied with within seven days after its issuance, the City Manager or his designee may cause the graffiti to be removed or eradicated by the City employees or private contractor and all costs associated with such removal or eradication shall be charged to the owner of the property.

D. Any property owner who fails to comply with such an order may be charged with the costs and expenses incurred in the removal or eradication of the graffiti. Costs and expenses shall include costs of removal, inspection fees, postal charges, attorneys fees to enforce or collect such costs, legal expenses, and any other costs or expenses incurred by the city as a result of the enforcement of this chapter.

E. The order of the City Manager or his designee shall be subject to review by court action, in accordance with Rule 106 of the Colorado Rules of Civil Procedure. The city shall be considered to be a party to every proceeding before the City Manager or his designee.

F. A record of hearings before the City Manager or his designee shall be kept, whether by electronic transcription, secretarial minutes or otherwise and such records shall be kept in the custody of the City Clerk for a period of one year following the date of the hearing and shall be made available for transcription as may be required. The costs of any transcription shall be paid by the person or entity requesting the transcription.

SECTION 4. Section 9.85.090 of the Lakewood Municipal Code is hereby amended to read as follows:

9.85.090 Costs and charges.

A. The property owner shall be liable for and pay and bear all costs and expenses of the graffiti removal or eradication, including reasonable attorney's fees for costs of collection, which costs and expenses may be collected by the city in any action at law, referred for collection by the City Attorney on a contingency basis, in his discretion, collected in connection with an action to abate a nuisance, or assessed against the property as hereinafter provided.

B. The notice required in Section 9.85.060, shall, in addition to the requirements of that section, state that if the graffiti is not removed or eradicated within the time stated in the notice, the cost of such removal or eradication, together with an additional administrative fee of at least one hundred dollars for inspection and incidental costs, may be assessed as a lien against the property pursuant to the terms of this chapter, and collected in the same manner as real estate taxes against the property. The notice shall further state that if the cost of graffiti removal or eradication plus the administrative fee for inspection and incidental costs is not paid to the city within thirty days, the amount owed will be certified to the County Treasurer as set forth in subsections (D) and (E) of this section, and an additional administrative fee of at least one hundred dollars, for a total administrative fee of at least two hundred dollars, will be assessed for administrative and other incidental costs incurred in certifying said amount to the County Treasurer. If the owner of the property is not personally served with a copy of such notice, then a copy of such notice shall be mailed to the owner of such property as shown upon the tax rolls of Jefferson County, Colorado, at the address of such owner as therein shown.

C. The Director or his designee shall mail a notice to the owner of the premises as shown by the tax rolls, at the address shown upon the tax rolls, notifying such owner that work has been performed pursuant to this chapter, stating the date of performance of the work, the nature of the work and demanding payment of the costs thereof (as certified by the City Manager or his representative), together with an administrative fee of at least one hundred dollars for inspection and other incidental costs in connection therewith. Such notice shall state that if said amount is not paid within thirty days of mailing the notice, it shall become an assessment on and a lien against the property of the owner, describing the same, and will be certified as an assessment against such property in the amount set forth in subsection (B) of this section, together with an additional administrative fee of at least one hundred dollars, for a total administrative fee of at least two hundred dollars, for administrative and other incidental costs incurred in certifying said amount to the County Treasurer, and the above-mentioned assessments will be collected in the same manner as a real estate tax upon the property.

D. If the Director or his designee does not receive payment within the period of thirty days following the mailing of such notice, the Director or his designee shall certify to the County Treasurer the whole cost of such work, including a fee of at least two hundred dollars which is the total amount owing for inspection costs, administrative costs and other incidental costs in connection therewith (as set forth in subsections (B) and (D) of this section upon the lots and tracts of land upon which the graffiti was removed or eradicated. The County Treasurer shall collect the assessment in the same manner as other taxes are collected.

E. Each such assessment shall be a lien against each lot or tract of land until paid and shall have priority over other liens except general taxes and prior special assessments.

SECTION 5. Effective date. This ordinance shall take effect thirty (30) days after final publication.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 14th day of October, 2002; published in full in the Lakewood Sentinel on the 17th day of October 2002; set for public hearing on the 28th day of October, 2002 read, finally passed and adopted by the City Council on the 28th day of October, 2002; and signed and approved by the Mayor on the 29th day of October, 2002.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney

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