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Home My WebLink About1980 Ordinance No. 026., • • • BY AUTHORITY I .. ORDINANCE N0.26 ...---SERIES OF 1980 COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE REPEALING AND REENACTING CHAPTER 3, OF TITLE III, '69 ENGLEWOOD MUNICIPAL CODE, ENTITLED "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS" AND ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1979 EDITION, TO PROVIDE METHODS WHEREBY BUILDINGS OR STRUCTURES WHICH FROM ANY CAUSE ENDANGER LIFE, LIMB, HEALTH, MORALS, PROPERTY, SAFETY OR WELFARE OF THE GENERAL PUBLIC OR THEIR OCCUPANTS, MAY BE REQUIRED TO BE REPAIRED, VACATED, OR DEMOLISHED; REPEALING ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF SAID CODE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 3, of Title III, '69 E.M.C. is hereby repealed and reenacted to read as follows: 3-3-1: CHAPTER 3 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS -ADOPTED There is hereby adopted by reference thereto the "Uniform Code for the Abatement of Dangerous Buildings", 1979 Edition, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, with the same force and effect as if the same were fully set forth herein, subject to the exceptions, modifications and amendments thereto as hereinafter set forth. 3-3-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The following specific changes, modifications and amendments are hereby made in the provisions of the Uniform Code for the Abatement of Dangerous Buildings, 1979 Edition, hereinabove adopted: (1) Delete Section 205, BOARD OF APPEALS, page 10 t • • • ,. (2) Section 404(a), page 16, form of Notice should read: DANGER! KEEP OUT UNSAFE STRUCTURE As defined in Chapter 3, Title III, of the 1969 Englewood Municipal Code Date Posted: By Order of Chief Building Inspector Department of Conununity Development By: Unlawful to remove or def ace this sign. (3} Section 80l(a), page 25, PROCEDURE. In the first sentence, delete the words, "therefor to the Director of Public Works" and the words "under the direction of said Director." (4) Delete Section 80l(b), page 25, COSTS. (5) Delete entire Section 802, page 25 ,··REPAIR AND· DEMOLITION FUND • (6) Delete Chapter 9, Sections 901 through 912, pages 26 through 28, RECOVERY OF COST OF REPAIR OR DEMOLITl:ON. New Sections 901, 902, 903 and 904 are as follows: Section 901. NOTICE OF COST. When any costs are incurred by the City in causing the repair or demolition of any building done pursuant to the provisions of Section 701(.c) 3 of this code, the City Manager shall cause a statement to be prepared by the Director of Finance showing the whole cost of repairing or demolition of any building, plus fifteen percent (15•) for administrative costs, and such statement shall be mailed to the property owner(s) with instructions that said statement will be paid in full, plus costs, within thirty (.30) days of said mailing date. Section 902. ASSESSMENT. If, after thirty (30) days from such mailing date, the full amount of such statement is not paid, the City Manager shall inform City Council of such fact, and the Council shall thereupon enact an ordinance assessing the whole amount of such statement, plus an additional ten percent (10•) of such amount, against the lots or tracts of realty to which such statement shall appertain. Upon final passage of such ordinance, a copy thereof shall be sent to each person having a record interest in any realty upon which an assessment is made,. -2- ·r • • • (2) Section 404(a), page 16, form of Notice should read: DANGER! KEEP OUT UNSAFE STRUCTURE As defined in Chapter 3, Title III, of the 1969 Englewood Municipal Code Date Posted: By Order of Chief Building Inspector Department of Conununity Development By: Unlawful to remove or def ace this sign. (3} Section 80l(a), page 25, PROCEDURE. In the first sentence, delete the words, "therefor to the Director of Public Works" and the words "under the direction of said Director." (4) Delete Section 801(.b}, page 25, COSTS. (5) Delete entire Section 802, page 25, ··REPAIR AND· DEMOLITION FUND • (6) Delete Chapter 9, Sections 901 through 912, pages 2 6 through 2 8 ' RECOVERY OF COST OF REPAI'R OR DEMOL"ITYON. New Sections 901, 902, 903 and 904 are as follows: Section 901. NOTICE OF COST. When any costs are incurred by the City in causing the repair or demolition of any building done pursuant to the provisions of Section 70l(c) 3 of this code, the City . Manager shall cause a statement to be prepared by the Director of Finance showing the whole cost of repairing or demolition of any building, plus fifteen percent (IS•) for administrative costs, and such statement shall be mailed to the property owner(s) with instructions that said statement will be paid in full, plus costs, within thirty (30) days of said mailing date. Section 902. ASSESSMENT. If, after thirty (30) days from such mailing date, the full amount of such statement is not paid, the City Manager shall inform City Council of such fact, and the Council shall thereupon enact an ordinance assessing the whole amount of such statement, plus an additional ten percent (10%) of such amount, against the lots or tracts of realty to which such statement shall appertain. Upon final passage of such ordinance, a copy thereof shall be sent to each person having a record interest in any realty upon which an assessment is made,. -2- ' • • • -· and the Director of Finance shall certify such assessment to the County Treasurer who shall collect such assessments in the same manner as ad valorem taxes are collected. Section 903. ASSESSMENTS A LIEN. All such assessments shall constitute, from the effec- tive date of the assessing ordinance, a perpetual lien in the several amounts assessed against each lot or tract of land, and shall have priority over all liens excepting general tax liens and prior special assessments. No delays, mistakes, errors or irregularities in any act or proceeding authorized herein shall prejudice or invali- date any final assessment; but the same may be remedied by s~sequent amendments, acts or proceedings, as the case may require. When so remedied, the same shall take effect as of the date of the original act or proceeding. Section 904. OTHER REMEDIES. The amount of any unpaid charge, plus all penalties added thereto, shall constitute a debt due the city. Tbe City Attorney shall, at the direction of the City Manager, institute civil suit in the name of the City to recover such charges and penalties. Such remedy shall be cumulative with all other remedies, including prosecution in Municipal Court, for each and every violation of this chapter. Section 2. Notice of public hearing shall be published twice, once at least fifteen (15) days preceding date of hearing and once at least eight (8) days preceding date of hearing, which notice shall state the subject matter of the Code, time and place of hearing, and that copies of the foregoing Code are on file with the Clerk and open to public inspection, and the name and address of the agency by which said Code has been promulgated. Section 3. Not less than three (3) copies of each Code described herein shall be certified to be true copies of said Code by the Mayor and the Clerk and filed in the off ice of the Clerk at least fifteen (15) days prior to public hearing and subject to public inspection at all times while said Code is in full force and effect. The Clerk shall maintain at all times reasonable copies of the Code available for purchase by the public at moderate price. Section 4. Any person, firm, or corporation violating any of the provisions of this Code , upon conviction, shall be punished by a fine of not more than ~ee Hundred Dollars ($300) or by imprisonment for not more t ~ ninety (90) days, or by both such fine and impri sonment. -3- • • • . - Section 5. That all ordinances and parts of ordinances of the City of Englewood in conflict or inconsistent herewith are hereby repealed. ~ntroduced, read in full, and passed on first reading on the 21st day of July, 1980. Published as a Bill for an Ordinance on the 23rd day of July, 1980. Read by title and passed on final reading on the 11th day of August, 1980. Published by title as Ordinance No. 26 , Series of 1980, on thel3th day of August, 1980. ~z{~ Mayor . Attest: I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. 26 , Series of 1980. -4-