TC Ord. No. 2007-01 Amending Chapter 8.24 of the muicipal code of the TOA realting to public nuisancesTOWN OF AVON, COLORADO
ORDINANCE NO. 07- 01.
SERIES OF 2007
AN ORDINANCE AMENDING CHAPTER 8.24 OF THE MUNICIPAL CODE OF THE
TOWN OF AVON RELATING TO PUBLIC NUISANCES
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Amendment. Section 8.24.140, Chapter 8.24, Title 8 of the Municipal
Code of the Town of Avon is amended by its being lettered as paragraph (a) and by the addition
of a second paragraph, to be lettered as paragraph (b), to read as follows:
(b) In addition to or in place of the remedy provided in paragraph (a) hereof, the amount
owing pursuant to Section 8.24,130 hereof may be caused to be a lien against the property on
which the nuisance was found to exist by the recording of a notice of lien. Such lien may be
foreclosed upon in the same manner as the foreclosure of a mechanics lien pursuant to Colorado
Revised Statutes.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 13th day of February, 2007 and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 27th day of February, 2007, at
5:30 P.M. in the Council-,Chambers, Avon Municipal Building, 400 Benchmark Road. Aeon.
Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty cK -m ` -C \i
INTRODUCED, FINALLY APPROVED, PASSED O. l COND
READING AND ORDERED POSTED the ay f February, 2007.
d C. Wolfe, Mli lyor
nny
9`1
APPROVED AS TO FORM:
• MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: NUISANCE ORDINANCE
DATE: February 13, 2006
As Council is aware, the Town's Nuisance Ordinance enables the. Town to abate
nuisances on private property and to charge the cost of the abatement of the nuisance to the
property owner. Most often the nuisance abated in this fashion is overgrowth of weeds and
noxious vegetation.. Most frequently the Town has used this authority to cut weeds on the railroad
right-of-way, and the Union Pacific has been cooperative in reimbursing the Town for the cost.
However, it cannot be expected that the property owner will always be cooperative.
At present, if the property owner fails to pay, the Town's only recourse is to file suit in state court
to collect the amount owing or to charge the property owner in Municipal Court for violating the
ordinance. Both courses of action may cause confrontation and expense exceeding the amount of
money sought to be collected. Staff believes that an alternative should be provided.
• The ordinance on the agenda for first reading provides such an alternative.
Enactment of the ordinance will allow the Town to record a notice of lien. While recording such a
notice may not produce immediate payment, payment will be assured in the future when title to the
property needs to be cleared. The lien can also be foreclosed, but that procedure is unlikely to be
used, at least when the amount of the lien is comparatively small.
Staff recommends adoption of the ordinance on first reading. The procedure
thereby incorporated into the ordinance will provide an appropriate means of collection when the
amount of the lien is comparatively small. .
JWD:ipse
ORDINANCE NO. 07- '61
AN ORDINANCE AMENDING CHAPTER 8.24 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING
TO PUBLIC NUISANCES.
~w1MMMnA
BE IT ORDAINED BY THE TOWN COUNCIL OF TH1 TOWN OF
AVON,COLORADO:
Section 1. Amendment. Section 8.24.140, Chapter 8.24, Title 8 of the Municipal
Code of the Town of Avon is amended by its being lettered as paragraph (a) and by the addition
of a second paragraph, to be lettered as paragraph (b), to read as follows:
(b) In addition to or in place of the remedy provided in paragraph (a) hereof, the amount
owing pursuant to Section 8.24,130 hereof may be caused to be a lien against the property on
which the nuisance was found to exist by the recording of a notice of lien. Such lien may be
foreclosed upon in the same manner as the foreclosure of a mechanics lien pursuant to Colorado
Revised Statutes.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 13th day of February, 2007 and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 27th day of February, 2007, at
5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKinny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the day of February, 2007.
Ronald C. Wolfe, Mayor
• ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
•
0