The Board of Trustees hereby directs that the Code Enforcement Officer at the direction
of the Town Manager shall immediately notify any owner of property, the owner's agent,
or any person having charge of such property, in writing, that an order has been issued
and is attached to the notice requiring the removal of any accumulated refuse and/or
junk from such property or premises within thirty (30) days after service of notice.
Service shall be by certified return receipt requested mail or by personal service.
The property owner, agent or such person having charge of such property shall have
the right to appeal the administrative order issued by the Code Enforcement Officer
by filing a written notice of appeal with the Town Clerk within ten (10) days and
requesting that a hearing be conducted by the Town Manager or designee to determine
whether or not the refuse and/or junk must be removed. If no appeal and request for
hearing is filed, the decision by the Code Enforcement Officer to require removal
of the refuse and/or junk shall be final. If such property owner, agent, or such person
having charge of such property shall not remove such refuse and/or junk in accordance
with the requirement of such order issued by the Code Enforcement Officer or if the
Town Manager or designee upholds the decision following a hearing, and the thirty
(30) days has expired, the Town Manager may order that such refuse and/or junk be
removed by the Town employees or other agent of the Town and assess the cost thereof
against the property or premises. In addition the Town Manager is authorized to assess
actual costs incurred by the Town in enforcing the ordinance to include costs of clean
up, advertising and any other costs incurred by the Town, plus a surcharge not to
exceed twenty-five (25) percent for administrative costs. The amount of the cost so
assessed shall be a lien upon such property until the same is paid; provided, that
in case of failure to pay such assessment within ten (10) days after the same shall
be made, the Town Clerk shall cause a notice of such assessment to be given to the
owner of such property by certified mail, return receipt requested or by publishing
in a newspaper in the Town for two successive weeks, which publication shall contain
a notice to such property owner of the amount assessed against the owner's property.
The property owner shall have ten (10) days from the last publication or receipt by
the property owner of the certified mail notice, in which to submit an appeal in writing
of the amount of the lien and to request that a hearing be conducted by the Town Manager
or designee as to the adjustment and correctness of the amount so assessed. If such
assessment is not paid and no notice of appeal is made, the Town Clerk shall certify
such assessment to the El Paso County Treasurer to be placed by the County Treasurer
on the tax list for the current year, to be collected in the same manner as other
taxes are collected, with ten (10) percent penalty to defray the costs of collection
as provided by the laws of the State of Colorado.
(Ord. 19-2003 § 1: prior code § 15-1-3)
(Ord. No. 21-2010, 8-2-2010)
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