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O-2004-47
AN ORDINANCE
AMENDING SUBSECTIONS 8.14.060 B.3.AND B.4., 8.14.090 B.,D.,E.,G.,H.,I.,J., 9.80.090 B.,C.,D.,F.,G.,H.,I., 9.85.060 B.4. AND B.5., 9.85.090 B.,C.,D., 10.66.300 B. AND 10.66.310 A. AND D. OF THE LAKEWOOD MUNICIPAL CODE RELATING TO ADMINISTRATIVE FEES
WHEREAS, it is necessary for the City Of Lakewood to increase certain administrative fees based on the increase in operating costs; and,
WHEREAS, it is necessary to amend the ordinance sections described above to increase the fees relating to the administrative costs of the City to abate nuisances, as well as the collection of fees for work performed by the City.
NOW, THEREFORE, BE IT ORDAINED By the City Council of The City Of Lakewood, Colorado, That:
SECTION 1. Subsection 8.14.060 B.3.of the Lakewood Municipal Code is hereby amended to read as follows:
B. 3. A statement that the owner's or tenant's failure 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 eight dollars ($108.00), 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;
SECTION 2. Subsection 8.14.060 B.4.of the Lakewood Municipal Code is hereby amended to read as follows:
B. 4. 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 eight ($108.00), for a total of at least two hundred sixteen dollars ($216.00) in administrative fees, will be assessed for administrative and other incidental costs incurred in certifying said amount to the County Treasurer; and
SECTION 3. Subsection 8.14.090 B. of the Lakewood Municipal Code is hereby amended to read as follows:
B. The notice required in Section 8.14.060 shall in addition to the requirements of that section, state that if the garbage, trash or refuse is not removed within the time stated in the notice, the cost of such removal together with an additional administrative fee of at least one hundred eight dollars ($108.00) 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 garbage, trash or refuse 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 County Treasurer as set forth in subsections (D) and (E) of this section, and an additional fee of at least one hundred eight dollars ($108.00), for a total administrative fee of at least two hundred sixteen dollars ($216.00), will be assessed for administrative and other incidental costs incurred in certifying said amount to the County Treasurer. If the owner or tenant is not personally served with a copy of such notice, then a copy of such notice shall be mailed by first class mail, postage prepaid, to the owner or tenant of such property as shown upon the tax rolls of Jefferson County, Colorado, at the address of such owner as therein shown.
SECTION 4. Subsection 8.14.090 D. of the Lakewood Municipal Code is hereby amended to read as follows:
D. The Code Enforcement Technician 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, together with a fee of at least one hundred eight dollars ($108.00), 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 eight dollars ($108.00) 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.
SECTION 5. Subsection 8.14.090 E. of the Lakewood Municipal Code is hereby amended to read as follows:
E. If the Code Enforcement Technician does not receive payment within the
period of thirty days following the mailing of such notice, the Code Enforcement
Technician shall certify to the County Treasurer the whole cost of such work,
including an additional administrative fee of at least one hundred dollars ($108.00),
for a total administrative fee of at least two hundred sixteen dollars ($216.00).
The amount certified shall be the total amount owing for inspection costs, administrative
costs, attorneys fees, 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 garbage, trash or refuse was removed or eradicated. The
County Treasurer shall collect the assessment in the same manner as other taxes
are collected.
SECTION 6. Subsection 8.14.090 G. of the Lakewood Municipal Code is hereby amended
to read as follows:
G. 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 at least two hundred sixteen dollars ($216.00).
SECTION 7. Subsection 8.14.090 H. of the Lakewood Municipal Code is hereby amended to read as follows:
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 second violation on the same property within a time period of twenty-four months may be up to three hundred fifty-two dollars ($352.00).
SECTION 8. Subsection 8.14.090 I. of the Lakewood Municipal Code is hereby amended to read as follows:
I. 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 five hundred fourteen dollars ($514.00).
SECTION 9. Subsection 8.14.090 J. of the Lakewood Municipal Code is hereby amended to read as follows:
J. Notwithstanding the foregoing, any owner or tenant responsible for any garbage, trash or refuse which has been removed or abated by the city, and for which the owner or tenant have paid the city the costs of removal or abatement, shall be subject to an inspection and administrative charge of at least one hundred sixty-two dollars ($162.00) for a second violation of the chapter within twenty-four months, in addition to the costs of removal or abatement. A third violation within twenty-four months shall subject the owner or tenant to an inspection and administrative charge of at least two hundred seventy dollars ($270.00), in addition to the costs of removal or abatement.
SECTION 10. Subsection 9.80.090 B. of the Lakewood Municipal Code is hereby
amended to read as follows:
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
eight dollars ($108.00) 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 eight dollars ($108.00), for a total administrative
fee of at least two hundred sixteen dollars ($216.00), will be assessed for
administrative and other incidental costs incurred in certifying said amount
to the county.
SECTION 11. Subsection 9.80.090 C. of the Lakewood Municipal Code is hereby amended to read as follows:
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 eight dollars ($108.00) 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 eight dollars ($108.00), for a total administrative fee of at least two hundred sixteen dollars ($216.00), 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.
SECTION 12. Subsection 9.80.090 D. of the Lakewood Municipal Code is hereby amended to read as follows:
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 sixteen dollars ($216.00) 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.
SECTION 13. Subsection 9.80.090 F. of the Lakewood Municipal Code is hereby amended to read as follows:
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 sixteen dollars ($216.00).
SECTION 14. Subsection 9.80.090 G. of the Lakewood Municipal Code is hereby amended to read as follows:
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 fifty-two dollars ($352.00).
SECTION 15. Subsection 9.80.090 H. of the Lakewood Municipal Code is hereby amended to read as follows:
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 five hundred fourteen dollars ($514.00).
SECTION 16. Subsection 9.80.090 I. of the Lakewood Municipal Code is hereby amended to read as follows:
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 sixty-two dollars ($162.00) 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 seventy dollars ($270.00), in addition to the costs of removal or abatement.
SECTION 17. Subsection 9.85.060 B.4. of the Lakewood Municipal Code is hereby amended to read as follows:
B. 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 eight dollars ($108.00) 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;
SECTION 18. Subsection 9.85.060 B.5. of the Lakewood Municipal Code is hereby amended to read as follows:
B. 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 eight ($108.00), for a total of at least two hundred sixteen dollars ($216.00) in administrative fees, will be assessed for administrative and other incidental costs incurred in certifying said amount to the County Treasurer; and
SECTION 19. Subsection 9.85.090 B. of the Lakewood Municipal Code is hereby amended to read as follows:
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 eight dollars ($108.00) 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 eight dollars ($108.00), for a total administrative fee of at least two hundred sixteen dollars ($216.00), 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.
SECTION 20. Subsection 9.85.090 C. of the Lakewood Municipal Code is hereby amended to read as follows:
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 eight dollars ($108.00) 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 eight dollars ($108.00), for a total administrative fee of at least two hundred sixteen dollars ($216.00), 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.
SECTION 21. Subsection 9.85.090 D. of the Lakewood Municipal Code is hereby amended to read as follows:
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 sixteen dollars ($216.00) 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.
SECTION 22. Subsection 10.66.300 B. of the Lakewood Municipal Code is hereby amended to read as follows:
B. The notice referred to in subsection (A) above shall describe the violation, the location of the violation, and direct the owner to immediately remove the vehicle or vessel from the street or public right-of-way. The notice shall also state that if the owner fails or refuses to remove the vehicle or vessel the Code enforcement officer is authorized to cause the vehicle or vessel to be removed by the city and the owner shall be responsible for all costs associated with such removal plus an administrative fee of at least one hundred eight dollars ($108.00). The notice shall also state that the owner may make written demand to the Director of Community Planning & Development for an administrative abatement hearing before a hearing officer. Such written demand shall be made within seven days of the date the notice was posted. The notice shall state that any written demand for a hearing must include 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 & Development, City of Lakewood, Civic Center North, 480 South Allison Parkway, Lakewood, Colorado 80226-3127.
SECTION 23. Subsection 10.66.310 A. of the Lakewood Municipal Code is hereby amended to read as follows:
A. If the owner fails or refuses to remove the vehicle or vessel from the street or public right-of-way and fails to make written demand as set out herein, the code enforcement officer shall cause the vehicle or vessel to be removed by the city and costs associated with such removal, including an administrative fee of at least one hundred eight dollars ($108.00), shall be charged to the owner thereof.
SECTION 24. Subsection 10.66.310 D. of the Lakewood Municipal Code is hereby amended to read as follows:
D. If an order issued by the hearing officer has not been complied with within thirty days after its issuance, the code enforcement officer may cause the vehicle to be removed by the city and all costs associated with such removal shall be charged to the owner thereof in addition to an administrative fee of at least one hundred eight dollars ($108.00).
SECTION 25. 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 25th day of October, 2004; published in full in the Lakewood Sentinel
on the 28th day of October, 2004; set for public hearing on the 8th day of November,
2004; read, finally passed and adopted by the City Council on the 8th day of
November, 2004; and, signed and approved by the Mayor on the 9th day of November,
2004.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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