Body
Department of Police and Code Enforcement
Reference: Application for the amendment of costs associated with Code Enforcement
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Micah Acker, Support Services Sergeant
Scott Wegscheider, Lieutenant
Date Prepared: November 3, 2014
PURPOSE:
To inform City Council and obtain approval to amend the Brighton Municipal Code relating to the recovery of City's costs of Code Enforcement as set forth in subsections 8-8-801(1) and (2), weed abatement; 8-8-220(1) and (2), trees and plants; 8-16-85, litter and trash; and 8-24-1601(1) and (2), and nuisance
BACKGROUND:
The ordinance previsions related to the administrative costs incurred by the City when property owners and/or lessees fail to comply with City notices have not been updated since 1999. The costs should reflect a reasonable amount incurred by the City in such actions.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM: Adjusting for inflation from 1999, ($25/25%) actual costs of $100 or less will now incur $35 additional costs. For actual costs greater than $100 will now be billed 35% in additional costs.
FINANCIAL IMPACT:
The proposed amended amounts to the ordinances would not have a financial impact on the City.
STAFF RECOMMENDATION:
Section 1. Sections
8-8-80. Failure to remove; abatement by City; costs (weeds, brush, rubbish and junk);
8-8-220. Abatement by City; costs; (trees and plants);
8-16-85. Failure to remove; abatement by City (litter and obstructions); and
8-24-160. City to perform work; costs (nuisances)
are hereby repealed and reenacted to read as follows:
Section 8-8-80. Failure to remove; abatement by City; costs
(1) Actual costs of one hundred dollars ($100.00) or less shall be billed a minimum of twenty-five dollars ($25.00) thirty-five dollars ($35.00) additional costs.
(2) Actual costs greater than one hundred dollars ($100.00) shall be billed a minimum of twenty-five percent (25%) thirty-five percent (35%) of the actual cost of the work performed additional costs.
In the event payment therefor is not made to the City within thirty (30) days after the date of billing, all costs of such work, plus the above listed charges for inspection and other costs incurred, plus all applicable filing costs, shall become a lien against the property secured, collected and enforced as provided in Section 8-4-20. Lien, Brighton Municipal Code, as the same may be amended. as of the date the Director of Finance certifies said cost and charges to the office of the County Treasurer for collection in the same manner as is provided for the collection of general property taxes.
(1) Actual costs of one hundred dollars ($100.00) or less shall be billed a minimum of twenty-five dollars ($25.00) thirty-five dollars ($35.00) additional costs.
(2) Actual costs greater than one hundred dollars ($100.00) shall be billed a minimum of twenty-five percent (25%) thirty-five percent (35%) of the actual cost of the work performed additional costs.
In the event payment therefor is not made to the City within thirty (30) days after the date of billing, all costs of such work, plus the above listed charges for inspection and other costs incurred, plus all applicable filing costs, shall become a lien against the property where such violation existed or in the event such violation was on the street, sidewalk or public property or other right-of-way of the City, upon the property adjacent and abutting the violation; to be secured, collected and enforced as provided in Section 8-4-20. Lien, Brighton Municipal Code, as the same may be amended. as of the date the Director of Finance certifies said cost and charges to the office of the County Treasurer for collection in the same manner as is provided for the collection of general property taxes.
(1) Actual costs of one hundred dollars ($100.00) or less shall be billed a minimum of twenty-five dollars ($25.00) thirty-five dollars ($35.00) additional costs.
(2) Actual costs greater than one hundred dollars ($100.00) shall be billed a minimum of twenty-five percent (25%) thirty-five percent (35%) of the actual cost of the work performed additional costs.
In the event payment therefor is not made to the City within thirty (30) days after the date of billing, all costs of such work, plus the above listed charges for inspection and other costs incurred, plus all applicable filing costs, shall become a lien against the property where such violation existed or in the event such violation was on the street, sidewalk or public property or other right-of-way of the City, upon the property adjacent and abutting the violation; to be secured, collected and enforced as provided in Section 8-4-20. Lien, Brighton Municipal Code, as the same may be amended. as of the date the Director of Finance certifies said cost and charges to the office of the County Treasurer for collection in the same manner as is provided for the collection of general property taxes.
(1) Actual costs of one hundred dollars ($100.00) or less shall be billed a minimum of twenty-five dollars ($25.00) thirty-five dollars ($35.00) additional costs.
(2) Actual costs greater than one hundred dollars ($100.00) shall be billed a minimum of twenty-five percent (25%) thirty-five percent (35%) of the actual cost of the work performed additional costs.
In the event payment therefor is not made to the City within thirty (30) days after the date of billing, all costs of such work, plus the above listed charges for inspection and other costs incurred, plus all applicable filing costs, shall become a lien against the property secured, collected and enforced as provided in Section 8-4-20. Lien, Brighton Municipal Code, as the same may be amended. as of the date the Director of Finance certifies said cost and charges to the office of the County Treasurer for collection in the same manner as is provided for the collection of general property taxes.
OPTIONS FOR COUNCIL CONSIDERATION:
Approve Resolution
Reject Resolution
ATTACHMENTS
Full text of the ordinances affected.