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Notice of Violation - Weeds/Rubbish

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 accumulations of noxious vegetation, weeds and/or rubbish which have not been removed and disposed of in accordance with the provisions of Section 7-4-3 of the City Code of Littleton. The items checked below describe the ordinance violations in part that have been observed on this property and/or the adjacent right-of-way.

¤ 7-4-3(A) Cutting of Weeds and Noxious Vegetation Control: It shall be unlawful for any owner of real property, to fail to cut or cause to be cut, all weeds and noxious vegetation grown to maturity or in excess of eight inches (8") in height.

WEEDS: Weeds, grass, or brush which has grown to maturity or is in excess of eight inches (8") in height and shall specifically include: common sunflower (helianthus centicularis), dandelion (leontodore tavaxacum), or other plant or offending vegetation which is regarded as a common nuisance. The above is not intended to be an exclusive list, but rather is intended to be indicative of those types of plants which are considered a detriment to public health and safety. Notwithstanding the above, "weeds" shall not be interpreted to include flower gardens, plots of shrubbery, vegetable gardens and small grain plots (wheat, barley, oats, rye, etc.).

¤ 7-4-3(B) Removal and Disposal of Rubbish: Every "owner" of real property, shall remove, or cause the removal of all accumulations of articles of rubbish from such real property and, pending such removal, shall place the same in a suitable container kept for that purpose. Upon such removal, the same shall be taken to some site authorized for the disposal of rubbish. It shall be unlawful for any person to violate any of the provisions of this subsection.

RUBBISH: All nonputrescible waste, both combustible and noncombustible, and includes, without limitation, ashes, cans, paper, wrappings, cigarettes, cardboard, yard clippings, leaves, branches, wood, waste building materials, glass, bedding, crockery, abandoned or unusable household furnishings, abandoned or unusable automotive or other mechanical parts or objects.

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: Weeds/grass must be cut and removed as indicated on the first page of this notice. This includes both private property and adjacent right-of-way. Junk and rubbish must be transported to an approved disposal site or, where practical, stored appropriately indoors. Unless otherwise noted, all other violation(s) mentioned on the reverse side must be removed.

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.

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