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O-2002-40
AN ORDINANCE
AMENDING SECTION 9.80.090 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO FEES FOR THE ABATEMENT OF NUISANCES
WHEREAS, in 1993 the City of Lakewood adopted Chapter 9.80 of the Lakewood Municipal Code relating to the abatement of nuisances; and,
WHEREAS, it is necessary to amend Section 9.80.090 to increase the fees relating to the administrative cost of City abatement of nuisances 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 9.80.090 of the Lakewood Municipal Code is hereby amended to read as follows:
9.80.090 Costs and charges.
A. The person or persons responsible for any weeds, rubbish, junk or nuisance
within the city shall be liable for and pay and bear all costs and expenses
of the abatement of the same, including reasonable attorneys' fees for costs
of collection, which costs and expenses may be collected by the city in any
action at law, or collected in connection with an action to abate a nuisance,
or assessed against the property as hereinafter provided.
B. The notice required in Section 9.80.080 shall state, in addition to the
requirements of that section, that if the weeds, rubbish, junk or nuisance are
not abated or removed within the time stated in the notice, the cost of such
abatement or removal, together with an additional administrative fee of at least
one hundred dollars for inspection and incidental costs, shall 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 abatement or removal 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 Treasurer of Jefferson County
as set forth in subsections (D) and (E) of this section, and an additional amount
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.
C. The Director shall mail a notice to the owner of the premises as shown by
the tax roll, 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, together with an additional
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 Treasurer of Jefferson County, and the above-mentioned
assessments will be collected in the same manner as a real estate tax upon the
property.
D. If the Director does not receive payment within the period of thirty days
following the mailing of such notice, the Director shall subsequently certify
to the Treasurer of Jefferson County the whole cost of such work, including
the administrative 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, upon the lots and tracts of land upon which the nuisance
was abated. The Treasurer of Jefferson County 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.
F. The minimum amount of such inspection, administrative and incidental costs
which shall be certified to the Treasurer of Jefferson County as an assessment
shall be two hundred dollars.
G. The amount of such inspection, administrative and incidental costs which
shall be certified to the Treasurer of Jefferson County as an assessment for
a second violation on the same property within a time period of twenty-four
months may be up to three hundred twenty-five dollars.
H. The amount of such inspection, administrative and incidental costs which
shall be certified to the Treasurer of Jefferson County as an assessment for
a third violation or more on the same property within a time period of twenty-four
months may be up to four hundred seventy-five dollars.
I. Not withstanding the foregoing, any person or persons responsible for any weeds, rubbish, junk or nuisance which has been removed or abated by the city, and for which the person or persons have paid the city the costs of removal or abatement, shall be subject to an inspection and administrative charge of one hundred twenty-five dollars for a second violation of this chapter within twenty-four months, in addition to the costs of removal or abatement. A third violation within twenty-four months shall subject the person or persons to an inspection and administrative charge of two hundred twenty-five dollars, in addition to the costs of removal or abatement.
SECTION 2. 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 October
of 2002.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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