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O-2009-5
AN ORDINANCE
AMENDING SECTION 9.80.070 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO SUMMARY ABATEMENT OF NUISANCES BY THE ADDITION OF A NEW SUBSECTION SETTING FORTH AN APPEAL PROCEDURE
WHEREAS, the City of Lakewood is a home rule city of the State of Colorado with the authority to regulate the abatement of nuisances in furtherance of the public health and safety; and,
WHEREAS, it is necessary to amend the City's current summary abatement procedure in order to clearly set forth an appeal procedure.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Section 9.80.070 of the Lakewood Municipal Code is amended by the
addition of a new subsection 9.80.070 C to read as follows:
C. Notwithstanding anything to the contrary in this Chapter 9.80, the collection
of abatement costs and method of appeal shall be pursuant to the following procedure:
1. After abatement, the City shall send a Notice and Demand for Payment by
certified mail to the last known address of the property owner. The Notice and
Demand for Payment shall state the reason for the Notice and Demand, the date
that abatement of the property occurred, and the amount of the costs of abatement
owed by the property owner.
2. The Notice and Demand for Payment shall state, and it shall be the law, that
the property owner may appeal the Notice and Demand for Payment by filing a
request for an appeal within fourteen (14) days of mailing of the Notice and
Demand for Payment. Requests for appeal shall be filed with the City Clerk.
Appeals shall be heard by a hearing officer duly appointed by the City. Appeals
from decisions of the hearing officer shall be to Jefferson County District
Court.
3. Payment of the amount set forth in the Notice and Demand for Payment shall
be made to the City within thirty (30) days of mailing the Notice and Demand
for Payment or such time as any appeal reaches final judgment. Failure to pay
the amount owed in the time specified shall result in the amount owed being
certified to the Treasurer of Jefferson County, and said amount owed shall be
collected in the same manner as a real estate tax upon the property. The City
may collect said amount in an action at law.
SECTION 2. 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 12th day of January 2009; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org., on the 15th day of January 2009; set for public hearing on the 26th day of January 2009; read, finally passed and adopted by the City Council on the 26th day of January, 2009, and signed, and approved by the Mayor on the 27th day of January 2009.
Bob Murphy, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Tim Cox, City Attorney
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