ORDINANCE NO. 371

 

AN ORDINANCE REPEALING ORDINANCE NO. 78 AND ESTABLISHING A NEW

ORDINANCE RELATING TO REMOVAL OF WEEDS; ASSESSMENT OF COST

OF REMOVAL AND MAKING THE SAME A LIEN AGAINST PROPERTY

 

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF HOLLY, COLORADO:

 

WHEREAS, the Board of Trustees has determined that it is necessary, in order to properly codify the laws of the Town of Holly concerning removal of weeds and to protect the health and welfare of citizens of the Town of Holly, that Ordinance No. 78 as it now exists should be repealed and that a new Ordinance concerning the removal of weeds, assessment of costs for removal and making the same lien against property should be enacted; and

 

WHEREAS, the Board of Trustees has determined that, in the interest of justice, a method of enforcement, which includes notice of penalty should be established.

 

Section 1.  Repeal of Existing Ordinance No. 78

Ordinance No, 78, previously adopted, passed and signed by the Board of Trustees and the Mayor of the Town of Holly is hereby repealed forthwith.

 

Section 2.   Prohibited Generally

No person being the owner, agent or occupant or having under his control any lot or premise or unimproved real estate within the Town of Holly to allow any growth of weeds, to a height over one (1) foot and any such person who is the owner, agent or occupant or having under his control such property, who shall permit any such growth of weeds from the center of the alley behind, or from the center of the street in front, shall be deemed guilty of a misdemeanor and shall be subject to fine as provided herein.

 

Section 3.   Weeds Defined

"Weed" as used in this ordinance, is defined to be all rank vegetable growth, which exhales unpleasant and noxious odors, and also high and rank vegetable growth that may conceal filthy deposits. "Weeds" also include the accumulation of rank vegetable growth upon any lot, block or parcel of ground, which endangers the public health and safety or interferes with the comfortable enjoyment of life or property by others.

 

Section 4.   Notice of Abatement

A.       Notice to Abate. It shall be the duty of the Town Manager or Police Department or such other Town employee as is designated by The Board of Trustees to cause Notice to be served upon the person responsible for any weed growth which violates the terms of this ordinance, requiring said person to abate the same in a reasonable time and in such reasonable manner as prescribed, and such Notice may be given or served by any officer directed or deputized to give or make the same. In causing the Notice to be served, the Police Department or designee may authorize Town officials, inspectors or any other appropriate Town employees to issue Notices of Abatement. The reasonable time for abatement shall not exceed five (5) days unless it appears from the facts and circumstances that compliance could not be made within the said time period or that a good faith attempt at compliance is being made. Such Notice shall be personally served upon the owner or occupant of the premises upon which said weeds are growing or, if not occupied, by the posting as aforesaid, then a copy of the said Notice shall also be mailed by Certified Mail, return receipt requested, to the owner of such property as shown upon the tax rolls of Prowers County, Colorado at the address of such owner as therein shown. Said Notice of Abatement shall also state that the person upon whom the Notice is served may appeal the notice Abatement to the Board of Trustees of the Town of Holly. The Notice of appeal must be filed within five (5) days after personal service of the notice to Abate or within ten (10) days after the posting of the Notice to Abate. The Notice to Abate shall also advise the patron that the Notice of Appeal must be in writing and shall be filed with the Town Clerk of the Town of Holly, Colorado, which Town Clerk shall promptly forward said Notice of appeal to the Board of Trustees of the Town of Holly, Colorado within five (5) days after receipt of such Notice of appeal by the Town Clerk. The Board of Trustees of the Town of Holly, Colorado is hereby authorized to grant variances to any Order of Abatement upon the finding of said Board, appropriate circumstances thereof. The Town employee issuing the Order of Abatement shall represent the Town of Holly before the Board of Trustees and shall only be held after proper Notice is given in writing to the patron who has filed the Notice of Appeal and who has requested such hearing.

 

B.    If the condition leading to the Notice of Abatement above-described is not abated as required herein, and if no Notice of Appeal of said Notice of Abatement is lodged with the proper authorities as above-described, the condition leading to such Notice of Abatement shall be deemed a nuisance. Such nuisance shall be abated as herein set forth.

 

C.    Abatement and Costs. If the person notified in accordance with this Ordinance shall neglect or refuse to comply with the requirements of the Notice of Abate within the time specified, such person shall be guilty of a violation of this Ordinance, and the Town at its sole discretion may enter upon the premises and engage the necessary expense to accomplish the abatement. Such parties shall proceed with due care and without unnecessary destruction of property. All costs of abatement shall be the responsibility of the owner of the property and/or the person responsible for the nuisance, and such costs and expenses may be by the Town of Holly in any action at law, including reasonable attorney fees in the prosecution and collection thereof. A statement for all costs of abatement shall be delivered in writing by the Town to the person responsible for the nuisance, and such statement shall describe the date of work, the nature of the work performed, together with the ten percent (10%) assessment for inspection and other incidental costs incurred by the Town in connection therewith. Such statements shall indicate that the statements shall be paid within thirty (30) days of the statement date, and if not timely paid, shall accrue interest on the unpaid balance thereon at twelve percent (12%) per annum. Each assessment and statement shall be a lien against said parcel of land upon which weeds were growing until paid, and shall have priority over other liens except general taxes and prior taxes and prior assessments. Said assessments shall be certified by the Clerk of the Town of Holly to the Prowers County Treasurer, to be by him placed upon the tax rolls for the current year and to be collected.

 

Section 5.  Fines and Penalties

In addition to the Costs of Abatement, a fine of not less than five dollars ($5.00) nor more than one hundred ($100.00) per day not to exceed one thousand dollars ($1,000.00) in total fine shall be assessed for any violation of this Ordinance not abated within the time period provided in the Notice to Abate. Additionally, a term of imprisonment not to exceed ninety (90) days or both such fine and imprisonment may be levied on the offender.

 

Section 6.  Conflicting Provisions Repealed

All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed.

 

Section 7.  Unconstitutionality Clause

If any Court of competent jurisdiction holds any section or part or portion of this Ordinance invalid, the remainder of said Ordinance, and the application of its provisions, shall not be affected thereby.

 

Section 8.  Safety Clause

The Board of Trustees of the Town of Holly, Colorado hereby finds, determines and declares that this Ordinance is necessary for the immediate preservation of the public peace, health and safety. The same shall become effective immediately after its passage.

Introduced, read and ordered published this 6th day of October, 1999.

/s/ Shirley Smith Young                                                          /s/ Anthony Garcia, Mayor