Notice of Violation - Derelict or Unlicensed Vehicle

EXAMPLE OF OFFICIAL NOTICE 

TO THE OWNERS AND/OR OCCUPANTS OF THIS PROPERTY 

Location of violation: ________________________________________________________________________ in the City of Littleton, in the State of Colorado. 

Notice is hereby given that there exists upon this property for storage, maintenance, or keeping of any such derelict or unlicensed vehicle, or hobby type vehicle in accordance with the provisions of Section 7-4-3 through 7-4-8 of the City Code of Littleton. The items checked below describe the ordinance violations in part that have been observed on this property.

¤ 7- 4-9 Derelict or Unlicensed Vehicle: It shall be unlawful for any person to store, maintain or keep, any"derelict vehicle" or "unlicensed vehicle", as defined in this chapter, on any private property or public property or public rights of way in the city; and it shall be unlawful for any owner or manager of real property to permit or allow the storage, maintenance, or keeping of any such derelict vehicle or unlicensed vehicle on real property under their dominion or control. Derelict vehicles or unlicensed vehicles may be removed from private property or public property or public rights of way in the city using the procedures in sections 7-4-3 through 7-4-8 of this chapter, except a derelict vehicle may be kept as follows:

• Residential zone districts: In a fully enclosed garage or like structure. In a carport provided the vehicle is completely covered with a canvas or other opaque covering.

• Commercial or industrial zone districts: In a fully enclosed structure or in an area located behind the principal structure and screened from view of adjacent properties and any public right of way.

• Vehicle sales or storage lots: In vehicle sales or storage lots when same have been zoned for the storage or keeping of derelict or unlicensed vehicles.

¤ 7- 4-11 Hobby Type Vehicles: All hobby type vehicles shall be stored in a fully enclosed garage or like structure except during those time periods when the vehicle is actually being worked on. Such period shall be limited to those hours between eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. daily.

Derelict Vehicle: Any vehicle, not capable of being legally operated on the public streets under the motor vehicle laws of Colorado. It shall include all vehicles missing component parts such as, but not limited to, engines, transmissions, wheels, missing or broken windows and/or windshields. It shall not include those vehicles that have been modified as hobby-type vehicles.

Unlicensed Vehicle: Any vehicle not capable of being legally operated on the public streets under the motor vehicle laws of Colorado due to not having current license plates affixed.

Hobby Type Vehicle: A vehicle which has been modified for off-the-road use such as a stock-car racer, dune buggy, etc. 


You are hereby directed to correct said violations within 5 days from the date this notice was posted.  Please take the appropriate steps to bring your entire property into compliance. 

PLEASE NOTE: Notice is further given that, unless the same are removed and disposed of within five (5) days from, the City of Littleton shall cause the same to be removed and disposed of, in which event the owners or occupants of this property shall be liable for all costs, expenses and penalties therefor as set forth in Title 7 of the City Code of Littleton. In the event that any owner of real property fails or neglects to comply with any notice given pursuant to the provisions of this chapter within the time specified in such notice, the city manager is hereby authorized to cause the cutting, removing and disposing of any noxious vegetation, weeds or rubbish to which such notice had reference and all costs incurred by the city therefor, including an administrative cost of fifteen percent (15%) of the direct costs, shall be charged against all such real property and all owners thereof in accordance with the provisions of sections 7-4-6 of this chapter. The undersigned has been authorized by the City to issue this notice to you. You have been identified as the person responsible for the above-mentioned violations(s), for the purpose of administrative or judicial proceedings. A copy of this notice has been mailed to the owner of record as per Arapahoe, Douglas, or Jefferson County Assessor’s Office. 

Posted Date

Mailed Date                                                                                             

Code Compliance Officer / Phone Number


 

Appeal Procedures and Other Important Information

Step 1.WHAT NEEDS TO BE DONE?

REQUIRED ACTION: Derelict/Unlicensed vehicle must be moved into a fully enclosed garage, structure or carport provided that the vehicle is covered with a canvas or other opaque covering, or removed from the property. Hobby type vehicles must be stored in a fully enclosed garage or like structure except those time when those time periods when the vehicle is actually being worked on. 

Step 2.WHAT IF THERE IS A DISAGREEMENT? 

REQUEST A HEARING: The property owners whose real property is placarded pursuant to subsection (C) of this section may file a written request for hearing before the city's board of adjustment within the five (5) day period of compliance prescribed in said subsection by filing his written request with the secretary of said board. The hearing shall be held as soon as practicable after the filing of the request and the persons to whom notices are directed shall be advised of the time and place of said hearing at least five (5) days in advance thereof. At such hearing said board shall determine whether or not the provisions of subsection (A) or (B) of this section have been violated and to what extent. The decision of said board after hearing shall be final and, until such decision, the city shall not commence any of the procedures specified under sections 7-4-5, and 7-4-6 of this chapter. If the decision of said board is adverse to the person requesting a hearing, he shall have five (5) days from the date of such decision to perform the work specified by said board himself and if such work is not performed and completed within such five (5) days, the city may then implement the proceedings specified in sections 7-4-5, 7-4-6 of this chapter. (Ord. 11, Series of 2006) (See Section 7-4-3)

Step 3.WHAT WOULD THIS COST? 

1-9-9-1: STATEMENT OF COSTS OR ASSESSMENT: The finance director or designee shall send a statement of costs or assessment which reflects the monetary value of the municipal services performed or the amount of money due and owing to the city to the owner of record or business owner by first class mail. The statement of costs or assessment is due and payable to the city within 30 days from the date of the statement. A failure by the owner of record or business owner to pay the statement of costs or assessment constitutes a debt due and owing to the city. Interest on any unpaid balance due to the city shall accrue at the legal rate specified in C.R.S. § 5-12-101, as amended. an administrative processing fee shall be charged in the amount of fifteen percent (15%) of the unpaid amount, including interest, which shall cover the costs of the administrative costs of the service provided, notice, and filing the lien or certification to the county treasurer. The city reserves the right to recover the monetary amount in the statement of costs or assessment in the manner provided by law including this chapter or in any court of competent jurisdiction.

1- 9-9-2: PROCEDURE FOR THE ESTABLISHMENT OF A MUNICIPAL LIEN: If the owner of record fails to pay the amount specified in the statement of costs or assessment within 30 days from the date of the statement, the assessment may, at the discretion of the finance director or designee become a municipal lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. in the event a decision is made to collect an amount owed to the city through a lien, the lien shall be recorded with the applicable county clerk and recorder. for collection of such statement of costs or assessments, the finance director or designee may:

a. Record a statement of lien with the clerk and recorder for the county in which the lot or tract of land is located.

b. Certify the amount due and owing to the county treasurer for collection of the assessment. the county treasurer shall collect the assessment, together with a ten percent (10%) penalty for the cost of collection, in the same manner as other taxes are collected; or

c. In conjunction with the city attorney recover the amount of the assessment in any other manner provided by law in any court of competent jurisdiction.

1-9-9-3: MUNICIPAL LIEN NOT EXCLUSIVE METHOD OF COLLECTION: The procedure contained in this chapter is not intended to establish an exclusive method for collection of amounts owed to the city, and nothing contained herein shall preclude the city from pursuing other methods of collection, including but not limited to judicial foreclosure of municipal liens. Such liens may be foreclosed upon by the city at any time in the same manner as provided by the laws of the state for judicial foreclosure of municipal liens.

7-4-8: OTHER REMEDIES: Notwithstanding the provisions of sections 7-4-6 of this chapter, providing for the assessment of real property from which weeds or rubbish have been removed or disposed of, the city shall have the additional right to collect from any owner of real property through institution of an action at law or in equity or by other lawful means, any amount due from such owner by reason of the provision of said sections.