ORDINANCE NO. 318

AN ORDINANCE RELATING TO: JUNKED AND ABANDONED VEHICLES,

MACHINERY AND MOBILE HOMES AND PROVIDIDG PENALTIES THEREFORE

WHEREAS, the Board of Trustees of the Town of Holly has determined that the open accumulation and storage of junked vehicles, machinery and mobile homes hereby found to create a condition tending to reduce the value of property, to promote vermin, deterioration and unsightliness, to invite plundering, to create fire hazard to the health and safety of minors, and to be injurious to the health, safety and general welfare of the people of the Town of Holly; and

WHEREAS, the Board of Trustees of the Town of Holly, Colorado has determined, and does hereby declare that the accumulation and storage of junked vehicles, machinery and mobile homes, whether on public or private property, constitutes a public nuisance, which may be abated in accordance with the provisions of this ordinance:

NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of the Town of Holly, Colorado:

Section l. Responsibility of owners, lessee, etc., for refuse, etc. on premises

A.  It shall be the duty of every person, whether owner, lessee, or renter of any vacant lot, building or premises, including any place of business, hotel, restaurant, dwelling house, apartment, tenement or any other establishment, at all times to maintain the premises in a clean and orderly condition, permitting no storage or accumulation of junked or abandoned vehicles, machinery or mobile homes other than those ordinarily attendant upon the well-being of the property.

B.  It shall be unlawful for any owner or occupant of any real property within the confines of the Town of Holly, Colorado to permit junked vehicles, machinery and mobile homes to accumulate and remain upon said real property.

C.  It shall be unlawful to accumulate, store, keep abandoned, or to allow the accumulation of junked vehicles, machinery or mobile homes upon private or public property within the Town of Holly in areas other than those zoned for such activities.

Section 2. For the purpose of this ordinance, the following definitions shall apply:

A.  ADMINISTRATOR: Administrator of public works of the Town of Holly.

B.  EMPLOYEE: Any employee of the Town of Holly.

C.  OFFICER: The Chief of Police or any deputy employed by the Town of Holly.

D.  BOARD: The Board of Trustees of the Town of Holly.

E.   ORDER: The Order of Abatement issued by any of the above officials designated.

F.   TOWN:  The Town of Holly, Colorado.

G.  AUTHOR: Any person, firm, partnership or corporation who shall hereafter make or cause to be made or exist, or shall maintain, continue, increase or permit the same whether as owner, lessee, or agent, of any premises or vacant lots, any nuisance, shall be deemed the author of a nuisance.                                     

H.          "Junked Vehicle" shall mean any demolished, dismantled or non-operable vehicle, trailer, machinery or mobile home formerly used for transportation on public streets and highway or as residence which does not have lawfully affixed thereto an unexpired license plate. State of Colorado mobile home tax sticker or which vehicle is in one or more of the following conditions: 1. Inoperative; 2. Wrecked, dismantled or partially dismantled. Failure of such vehicle to have unexpired license plates lawfully affixed thereto shall constitute prime facie evidence that such vehicle is a junked vehicle pursuant to this ordinance.

Junked vehicles shall also be deemed to include major parts thereof, including, but not limited to, vehicular bodies or portions thereof, engines, transmissions or differentials.

This shall also be construed to include, but not be limited to all wrecked, abandoned, demolished, dismantled or non—operable machinery, trailers, mobile homes and other goods that are so worn or deteriorated as to make them unusable in their existing condition.

Section 3. Exemptions

The term “junked vehicle”  as used in this ordinance shall not include: Vehicles  in possession of a licensed junk dealer; vehicles within a fully enclosed building; vehicles exempt from registration under the laws of the State of Colorado and specifically including those vehicles exempted by C.R.S. (1973) 42-3-103, as the same may be now or hereafter amended;  vehicles more than twenty—five (25) years old; vehicles defined and registered as "collector's items”, pursuant hereafter amended; and special interest vehicles.

Special interest vehicles shall include, but not be limited to, racing vehicles, stock cars, classic and antique cars, all of which special interest vehicles shall be maintained in good operating condition. Further, junked vehicles shall not include vehicles enclosed within, and screened from public view by means of a suitable privacy fence of minimum height of five feet, eleven inches (5 ¹ 11") tall, that provided, however, that no more than two (2) vehicles shall exempt from provisions of this ordinance by reason of the fencing exemption herein set forth.

Section 4. Determining unlawful accumulation and abatement

A.    The Town Administrator sha11 designate one or more Town of Holly employees who shall inspect all premises and places of business within the Town as often as necessary to determine whether junk vehicles exist. Any such employee so designated shall have the right to enter upon private premises for the purpose of carrying out the duties assigned to him. Upon such employees determination that junk vehicles exist in violation of this Ordinance, such employee shall issue and serve a written notice to the owner or occupant of the real property upon which the said condition is found to exist. That such condition shall be abated by removal enclosure, or fencing as allowed in this Ordinance, or in the case of junk vehicles, by repair or licensing so as to bring said junk vehicle out of the definition of junk vehicle herein contained, within thirty (30) days from the date of such notice.

B,  Every person, property owner or agent who may become the author of a nuisance as herein before defined shall abate or remedy the same nuisance within thirty days after notice by the Board of Trustees, and a failure to do so by the author of the nuisance, shall subject him to punishment as provided in section 7. Said notice of Abatement shall also state that the person upon which the notice is served may appeal the order of Abatement to the Board. That the Notice of Abatement be within the thirty (30) day period which is commenced by the receipt of said notice, must be in writing, and shall be filed with the Administrator, which Administrator shall promptly forward said Notice of Appeal to the Chairman of the Board of Trustees within thirty (30) days after receipt of such Notice of Appeal by the Administrator. The Board is hereby authorized to grant variance to any Order of Abatement upon finding by said Board of appropriate circumstances thereof. The Town employee issuing the Order of Abatement shall represent the Town of Holly before the Board Trustees.

C.   If the condition leading to the order of Abatement above described is not  abated as directed in such Order, and if no appeal of said Order is lodged within thirty (30) days of the service of said Order the condition leading to such Order shall be deemed a nuisance and such nuisance shall abated as herein set forth.

Section 5.

If the owner or occupant of any premises upon which a junk vehicle exists fails or refuses to have such conditions bated as directed in Order of Abatement above described  within thirty (30) days after date of service of such notice, or if no appeal of such Order is lodged with the proper authorities, the Administrator shall be authorized to remove and/or store said vehicle by contract or otherwise in such manner as he may deem in the best interest of the Town of Holly. Any expense incurred by the Town in so doing shall be a charge and lien upon the property upon which said vehicle, junk, rubbish and debris exists and shall be collected as a special assessment in the same manner as other special assessments.

Section 6. Disposal

The Town Administrator is hereby authorized to dispose of junked vehicles in storage by contract or otherwise in such manner as he may deem in the best interest of the Town after ninety (90) days storage.

Section 7. Penalties

It shall be unlawful for any person to violate any provision of this Ordinance, and any such person so violating same, shall upon conviction, be punished by a fine not to exceed THREE HUNDRED DOLLARS ($300.00) or by imprisonment not to exceed NINETY DAYS (90), or by both such fine and imprisonment. The Administrator is hereby specifically empowered to cause the removal and disposal of such junked vehicles, junk, rubbish and debris pursuant to the provisions of C.R.S. (1973) 42-4-1102 and 42-4-1103 as the same may be or hereafter amended.

Section 8.

In addition to those methods of service set forth in this Ordinance, any notice required by any provision of this Ordinance may be served registered or certified return receipt requested, delivered to addressee only. Service shall be complete on the date the addressee signs the return receipt or refuses to accept delivery of such notice. The addressee's refusal shall be presumed from the return of the letter evidencing a notation by the postal authorities that service was refused.

Section 9. Non-compliance

If such property owner, agent or person having charge of such property shall not remove such refuse in accordance with the requirement of such order the Board may order that such refuse be removed by the Administrator or other agent of the Board and assess the cost thereof against the property or premises. The amount so assessed shall be a lien upon such property until the same is paid; provided that in case of failure to pay such assessment within ten (10) days after the same shall be made, the Town Clerk shall cause a notice of such assessment to be given to the owner of such property by publishing in in a newspaper in the Town for two (2) consecutive weeks, which publication shall contain a notice to such property owner of the amount assessed against his property, and shall designate a time and place when the Town Council will hear any objections, and unless the same are sustained, the Town Clerk shall certify such assessment to the county Treasurer to be placed by him on the tax list for the current year, to be collected in the same manner as other taxes are collected with ten (10) percent penalty to defray the cost of collection, as provided by the laws of the State.

In the opinion of the Board of Trustees of Town of Holly, the passage of this Ordinance is necessary for the immediate preservation of public peace, health and safety of the community. We, therefore, declare that an emergency exists this ordinance shall take effect and be in force five (5) days after final passage and publication.

Introduced and ordered published this 5th day of April, 1989.

/s/ Anthony S. Garcia, Mayor

/s/ Dorothy Cook, Town Clerk

Adopted on second and final reading on this 7th day of June, 1989.