§ 9.04.150. Abatement—Notice and order to abate—Abatement by city—Recovery of costs.

A.

Whenever the police chief, a police officer, or another authorized officer of the city (referenced, collectively hereafter, as authorized officers) determines that a nuisance exists on or in any lot, building or premises, under this chapter, the authorized officer may give notice in the manner prescribed in paragraph C.

B.

Such notice prescribed in paragraph A. shall:

1.

Be in writing.

2.

Include a description of the property sufficient for identification.

3.

Include a statement of the violation or violations and why the notice is issued.

4.

Include a correction order allowing at least 14 days to make the repairs and improvements required to abate the nuisance.

5.

Inform the property owner of the right to appeal pursuant to chapter 16.30 of this Code.

6.

Include a statement of the city's right to abate the nuisance and file a lien in accordance with this section.

C.

The authorized official shall promptly post a copy of the notice in a visible location on the property. Besides such posting, the authorized official shall, if practicable, provide a copy of the notice to the property owner by one or more of the following methods:

1.

By personal delivery to the owner, or the owner's designated agent;

2.

By U.S. mail or other commercial mail service to any address for the owner appearing in the County Tax Assessor's records, for real property;

3.

By U.S. mail or other commercial mail service to any address for the owner appearing in the Colorado Department of Revenue or other official title or registration records, for other property;

4.

By any other means reasonably calculated to provide notice.

D.

It shall be the duty of the owner, occupant or agent of any lot, building or premises, in or upon which any nuisance may be found, to abate the same in such manner as the officer serving such notice prescribes, within the time specified in the abatement notice and correction order. Timely filing of an appeal from the abatement notice and correction order under this section shall extend the time for abatement until a final ruling on that appeal. In addition to any other available sanction or relief, if such owner, occupant or agent neglects or refuses to comply with the requirements of such order within the time specified, he or she commits a violation of this Code, punishable according to chapter 1.12.

E.

It shall be the duty of the authorized officer to proceed at once, upon the expiration of the time for abatement specified in such notice, and including any extension for appeal, as provided above, to cause abatement of such nuisance, and payment of the abatement expense by the person so refusing or neglecting.

F.

The authorized officer shall certify, to the Finance Director, as a proposed charge and lien against the subject property, the cost, plus a 20 percent administrative service charge, of any such action taken pursuant to such court action or pursuant to this chapter.

G.

Notice of assessment; appeal of charges.

1

Upon receipt of the statement of charges, the Finance Director shall mail to the owner of record of the subject property a notice, stating the amount and grounds for the charges; that the city proposes to assess the charges against the property; and that, any objections to the proposed assessment must be made in writing and filed with the Office of the Finance Director within 14 days from the date of receipt of such notice. Upon the expiration of the 14 day period, if the Finance Director receives no objections, the Finance Director shall, pursuant to C.R.S. section 31-20-105, certify such charges to the office of the treasurer of the county that includes the property, for collection in the same manner as taxes, as authorized by C.R.S. title 31.

2.

If the property owner files an appeal with the Finance Director before the expiration of the 14 day period, the Finance Director shall refer the matter to a hearing officer appointed by the Finance Director for determination.

3.

Upon conclusion of administrative review, the hearing officer shall determine, in writing, whether the charges are proper. The city shall have the burden of proof, by a preponderance of the evidence. According to that determination, the hearing officer shall affirm, cancel or reduce the charges. The hearing officer shall furnish a copy of this determination to the person making the objections together with a notice of such person's right to appeal to the district court, according to chapter 16.30 of the Longmont Municipal Code.

4.

The hearing officer, on appeal, may reduce or cancel a proposed assessment if it is determined that any of the following did not conform to the provisions of this Ordinance:

a.

Any required notice to correct the subject violations; or

b.

The work performed in abating the nuisance; or

c.

The computation of charges.

5.

Upon a final determination by the hearing officer affirming or reducing the charges, the hearing officer shall certify a copy of the determination to the Finance Director, who shall certify such charges to the office of the treasurer of the county, as provided above.

6.

The Finance Director may delegate to employees of the Finance Department any of the functions this section vests in the Finance Director.

H.

Assessments against property for abatement costs under this section shall not apply to the city's expenses where other parts of this Code expressly provide specific alternate processes for assessment or collection of those abatement costs.

I.

In addition to the penal remedy and abatement procedure stated in this section, any violation of this chapter is a public nuisance, for which there is no adequate remedy at law, and therefore any court of competent jurisdiction shall, upon the city attorney's proven application, enjoin a nuisance, as defined in this chapter. Nothing in this chapter shall prevent the city attorney from seeking other appropriate legal or equitable relief from any court of competent jurisdiction. In addition, the owner of any property constituting a nuisance shall be liable to the city, jointly and severally with every person creating or maintaining the nuisance, for the city's reasonable expense of abating the nuisance and the city attorney may commence and prosecute to final judgment an action at law in any court of competent jurisdiction to collect those expenses. As used in this section, court of competent jurisdiction includes, without limitation, the Longmont municipal court, which, insofar as practicable, shall consider and determine applications for legal or equitable relief according to the procedures otherwise applicable to proceedings in Colorado district courts.

(Code 1981, § 5-5-14; Code 1993, § 9.04.150; Ord. No. O-2007-86, § 9)