§ 8.30.070. Enforcement.

For purposes of this chapter, the Town is authorized to designate an enforcement representative who is authorized to enforce all provisions of this chapter.

A.

Notice and Order.

1.

The designated enforcement individual for the Town shall commence proceedings pursuant to this chapter by issuing a notice and order to the owner or agent of the owner or occupant of any premises upon which the designated enforcement individual has reasonable cause to believe that a condition as described in this chapter exists.

2.

Such notice and order shall:

a.

Be in writing;

b.

Be personally served whenever feasible on the owner, or agent of the owner and occupant of such premises or, when such personal service is not feasible, either posted conspicuously at the premises or mailed to such person by certified mail, return receipt requested to the owner's agent or the occupant's last known address;

c.

Describe with reasonable particularity the condition existing on the premises which gives rise to the issuance of the notice and order;

d.

Specify a reasonable period within which the condition must be abated or otherwise corrected; and

e.

State that an appeal is available to the owner, agent of the owner, or occupant provided written application therefore is made within ten (10) days of service or posting or the receipt of such notice and order.

B.

Appeal of Notice and Order.

1.

All appeals of notice and orders shall be filed with the Town Manager and heard by the Manager or the Manager's designee. The Manager is authorized to adopt reasonable procedures for the hearing of such appeals.

C.

Failure to Comply with Order to Abate.

1.

Noncompliance Prohibited. It is unlawful for any person to fail or refuse to comply with any order issued pursuant to this chapter.

2.

Abatement by Town Designee—Costs. In the event that any order issued pursuant to this chapter is not complied with at such reasonable times as specified therein, the Town designee, after notice to the owner, or agent of the owner and occupant, may have removed, corrected or otherwise abated through private contract the condition giving rise to the issuance of the order to abate. The Town may seek a lien for cost and expenses associated with requiring compliance of the order which shall be independent of and in addition to any penalty provided by this Code for violations of this chapter.

3.

Inspection Fees for Repeat Offenders.

a.

For purposes of this subsection, "repeat offenders" means the owner of property which has been previously cited for one or more violations of this chapter at least two or more times during any successive six month period. For purposes of this subsection, "reinspection" means any and all inspections subsequent to an inspection after issuance of the first notice and order to the owner for a violation on the subject property.

b.

The Town designee shall be authorized to assess an inspection fee of not less than one hundred dollars ($100.00) for each reinspection necessitated by the repeat offender's continued violation and failure to abate following issuance of a notice and order to abate.

c.

In the event one or more reinspection fees is assessed and the property owner or owner's agent fails to pay the fee(s) within twenty (20) days, the Town designee is authorized to file a lien against the property. The Town designee is further authorized to include in one lien assessment action any and all costs incurred by the Town associated with the removal, correction or other abatement necessitated by the property owner's continued violation and failure to abate following issuance of a notice and order to abate.

D.

Lien Assessment.

1.

Authority. When the owner or occupant of property fails to comply with an order to abate and the Town designee has reinspected and removed, corrected or otherwise abated the condition giving rise to the issuance of the notice and order through a private contract, the Town designee is authorized to commence lien assessment proceedings against the property in accord with the provisions of this section. In addition, the Town designee is further authorized to assess an administrative surcharge of twenty-five (25) percent of the cost of private abatement.

2.

Notice. Within ten (10) days of abatement through a private contract, the Town designee shall ascertain the name and address of the property owner from the El Paso County Assessor's records and shall send the property owner a notice of lien assessment which shall contain the following information:

a.

The address of the property to be assessed and the name and address of the property owner;

b.

The dates of the notice and order, any reinspections and the order to abate;

c.

The name of the private contractor who abated the condition giving rise to the issuance of the notice and order;

d.

The total amount of the assessment, including reinspection fees, the cost of private abatement and the amount of the administrative surcharge;

e.

A due date for payment of the assessment which is not less than twenty (20) days after the date of the notice of lien assessment.

f.

A statement that failure to pay the assessment within the time period set forth in the notice of lien assessment will result in the imposition of a lien against the property;

g.

A statement explaining the appeal procedure for the notice of assessment.

3.

Service of the Notice of Assessment.

a.

Mailing. The notice of assessment shall be mailed to the property owner via certified first class U.S. mail, return receipt requested. A return receipt signed by the property owner or an agent of the property owner shall be prima facie evidence of service on the date indicated by the owner, agent or U.S. Postal Service.

b.

Posting. In the event the property owner or an agent of the property owner fails to receive service of the notice of lien assessment via certified first class U.S. mail, return receipt requested, the Town designee is authorized to post such notice in a conspicuous place on the property to be assessed.

4.

Appeal and Hearing.

a.

Time. A property owner must appeal a notice of lien assessment in writing within ten (10) days of its mailed receipt by the property owner or the owner's agent, or within ten (10) days of posting on the property to be assessed.

b.

Contents. The notice of appeal must state the name and address of the property owner, the address of the property assessed and the grounds for appeal.

c.

Hearing. The Hearing Officer may, after hearing the property owner's objections, make any modification or change to the assessment as may seem equitable and just, or may confirm the assessment. The hearing officer shall not modify or change the amount of the reinspection fee or the administrative surcharge.

d.

Lien Assessment. If not appealed, the total assessment shall then be levied, assessed and charged against the property upon abatement action was taken not less five days after the property owner's or agent's mailed receipt of the notice of lien assessment or posting on the property to be assessed. If appealed, the Hearing Officer's determination of the total assessment shall then be levied, assessed and charged against the property upon which abatement action was taken not less than five days after the date of the Hearing Officer's determination. In either event, the assessment shall become a perpetual lien against the property, superior and prior to all other liens and encumbrances excepting liens for general and special taxes. The Town designee shall notify the Town Treasurer who shall certify any lien assessment to the El Paso County Treasurer who shall collect the lien assessment in the same manner as ad valorem taxes are collected.

E.

Abatement—Emergency Order.

1.

Whenever the Town designee deems that an emergency exists which requires immediate action to protect the public health, safety and welfare, the designee may without prior notice or hearing, issue an order stating that such emergency exists and requiring that emergency abatement action be taken as deemed necessary to meet the emergency. Notwithstanding any other provisions of this chapter to the contrary, such order shall be effective immediately.

2.

Any person to whom such emergency order is issued shall comply therewith immediately, and it is unlawful to fail or refuse to so comply.

3.

In the event that the person to whom such emergency order is issued fails or refuses to immediately comply therewith, the Town designee may, without prior notice to the owner, occupant or agent of the owner, have removed, corrected or otherwise abated the condition giving rise to the issuance of the emergency abatement order.

F.

Remedies—Additional. The remedies provided by this chapter shall be cumulative and in addition to any other remedies which may be available to the Town Manager or designee. Nothing contained herein shall be construed to preclude the Town Manager from seeking such other remedies herein granted. In addition to the above, for land undergoing development with a valid site development permit from the Town, verbal warnings by the department may be used as an initial notification of noncompliance, followed by a written notice of noncompliance. Finally, a "stop work" order may be issued by the Department in the event the site development contractor fails to remedy the violation(s) cited by the Department within a reasonable time frame, as determined by the Department. The Town reserves the right to revoke any site development permits issued to the contractor, at its sole discretion, for persistent, continual, or significant noncompliance with the regulations of this chapter. Should the Town issue a summons requiring an owner to appear in municipal court, each day of violation shall be a separate offense.

(Ord. No. 09-2009, 4-6-2009)