The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Brush
means natural growth of bushes and vegetation such as is
growing out of place in the location where growing, and shall include
all cuttings from trees and bushes, and high and rank vegetable growth,
which may conceal filthy deposits.
Junk
means and includes, but is not limited to, ferrous and nonferrous
metals, wood or wood products, appliances not being used for their
intended purposes, rubber or plastic products, dismantled or inoperable
machinery, equipment, tools, junk vehicles or trash or similar materials.
Rubbish
means all combustible or noncombustible waste, including
but not limited to ashes, bottles, cans, carcasses of dead animals,
cardboard, cloth, crockery, human or animal excrement, glass, abandoned
or unusable household furnishings or appliances, metals, plastics,
tree branches, limbs, waste building materials or items discarded
in such a manner as to create a reasonable likelihood of becoming
a harborage for insects or vermin or disease, or otherwise create
a health or safety hazard.
Weed
means an unsightly, useless, troublesome or injurious herbaceous
plant and such plant as is out of place at the location where growing,
and includes all rank vegetable growth which exudes unpleasant or
noxious odors, and also high and rank vegetable growth that may conceal
filthy deposits. This includes, but is not limited to, any plant species
designated in the categories described in §
35-5.5-108, C.R.S. Plant species described in §
35-5.5-108, C.R.S. are maintained by the Colorado Department of Agriculture.
(Ord. 3864 § 1, 2-1-06; Ord. 2832, 5-3-95. Code 1994 § 16-26; Code 1965 § 14-24)
(a)
(1) It shall be the duty of each and every owner and each and every lessee
of any tract or parcel of real property in the City, including such
owners or lessees of agricultural lands (as defined in §
39-1-102(1.6)(a),
C.R.S. to keep the property free of junk and rubbish, to cut to within
three inches of the ground all weeds and brush exceeding six inches
in height, including puncture vine regardless of height, and to keep
such growth down on each lot or tract of ground on or along any street
or avenue adjoining such lot or tract between the property line and
the curbline thereof, and on or along any alley adjoining such lot
or tract between the property line and the center of such alley.
(2) The requirements of subsection
(a)(1) of this section shall not apply to undeveloped lands over one acre in size; instead, such owners or lessees of such lands shall be required to keep weeds down or cut between the property line of such land and the center of any adjacent right-of-way and shall be required to keep the weeds down or cut within 20 feet of any adjacent tract, parcel or area on which the weeds are kept down or cut, and within 40 feet of any adjacent right(s)-of-way, as provided or required in subsection
(a)(1) of this section or as otherwise set forth in this chapter.
(3) Notwithstanding any language to the contrary in subsections
(a)(1) and
(a)(2) of this section, every owner and every lessee of any tract or parcel, whether or not agricultural or undeveloped, shall remove and cut designated undesirable plants from such property.
(b) It
is unlawful for any owner or lessee of any lot or tract of ground
in the City to pile, store or allow to accumulate any junk or rubbish
on the premises. This section does not apply to salvage yards permitted
under Chapter 21.4 GJMC.
(c) The
City, through its agents or employees, shall have the right to enter
upon any premises, lands or places, whether public or private, during
reasonable business hours for the purpose of inspecting for the existence
of violations, when at least one of the following circumstances has
occurred:
(1) The landowner or occupant has requested an inspection;
(2) A neighboring landowner or occupant has reported a suspected weed,
junk or rubbish violation and requested an inspection; or
(3) An authorized agent of the City has made a visual observation from
a public right-of-way or area and has reason to believe that a violation
exists.
No entry upon premises, lands or places shall be permitted until
the landowner or occupant has been notified, either orally or by a
notice being posted in a conspicuous location at the property. Where
possible, inspections shall be scheduled and conducted with the concurrence
of the landowner or occupant.
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(d) If
after the City has given a notice of a pending inspection or requested
an inspection and the landowner or occupant denies access to the City
employee, agent or inspector, the City may seek an inspection warrant
issued by the Municipal Court. The Court shall issue an inspection
warrant upon presentation of an affidavit which contains information
which gives the inspector reasonable cause to believe that a provision
of this chapter is being or has been violated, establishes that the
occupant or landowner has denied access to the inspector, and which
describes the land. No landowner or occupant shall deny access to
such land when presented with an inspection warrant. Denial of access
when presented with an inspection warrant shall be deemed a violation
and shall be deemed, in addition to other civil or criminal remedies,
contempt of court.
(Ord. 3864 § 2, 2-1-06; Ord. 2832, 5-3-95. Code 1994 § 16-27; Code 1965 § 14-25)
It shall be the duty of the owner, agent or lessee of any lots, tracts or parcels of land, except as stated in GJMC §
8.04.020, to cut weeds or brush and to remove such weeds or brush, together with rubbish, and to keep such weeds down each year. All such weeds and brush shall immediately, upon cutting, be removed with the rubbish to the appropriate disposal site.
(Code 1994 § 16-28; Code 1965 § 14-26)
The City Manager shall publish for three consecutive days each
spring a notice in the official newspaper of the City notifying all
owners of property, without naming them, that it is their continuing
duty to cut the weeds and brush and to remove the weeds and brush,
together with the rubbish, from their properties and from the streets
and alleys as provided in this chapter, during the time provided in
this chapter, and that, in default of such cutting and removal, the
work may be done under order of the City Manager and the cost thereof,
together with the penalties provided in this chapter, will be charged
to the respective lots, tracts or parcels of land.
(Code 1994 § 16-29; Code 1965 § 14-27)
(a) In
case of the failure of any owner or lessee of any lot, tract or parcel
of land to cut and remove weeds, brush, junk or rubbish, as provided
in this chapter, and upon the election of the City to remove such
weeds, brush, junk or rubbish, the City Manager is authorized to give
notice by certified mail addressed to the last-known post office address
of the owner of such land as that address appears in the records of
the County Recorder. Such notice shall require:
(1) Compliance with the terms of the notification;
(2) Acknowledgment by the addressee of the notification and submission
to the City Manager of an acceptable plan and schedule for the completion
of a management plan; or
(3) A request from the addressee for an administrative hearing of which
the City must receive on or before the close of business of seven
calendar days from the date of the notice.
If such election is not made within seven calendar days from
the date of the notice, or the land owner or occupant otherwise fails
to comply with the notice, the City may then proceed to enforce a
management plan, which may include, but not be limited to, cutting
of such weeds and brush or removal of junk and/or rubbish.
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(b) A
management plan shall be prepared by the City and shall include, but
not be limited to, a document containing the signatures of the owner
and the lessee, if the owner is not in actual possession of the property,
a mutually agreed upon date for elimination or removal of weeds, brush,
junk and/or rubbish, and a bond, cash deposit or other acceptable
form of security payable to the City in an amount reasonably calculated
to approximate the cost of cleanup, and/or to secure performance of
the management plan.
(c) An
administrative hearing, if requested by the party in interest, shall
be specific as to the condition of weeds, brush, accumulated junk
and/or rubbish, and evidence shall be heard by the duly appointed
board as to these matters only. Statements and evidence, if offered,
shall be taken from all parties in interest, which evidence must be
relevant to the existence of and/or the removal or elimination of
the infestation of weeds, brush and/or the accumulation of junk and/or
rubbish. The board shall make findings of fact from the evidence presented
at the hearing as to whether the conditions complained of exist and
should be eliminated. If the board determines that weed or brush infestation
exists or if an accumulation of junk and/or rubbish exists and should
be cut or removed, the City Manager may issue an order based on the
findings of the board, directing that the infestation or accumulation
be removed or eliminated. The order of the City Manager shall be a
final decision and may only be appealed to the district court, pursuant
to Colorado Rule of Civil Procedure 106(a)(4). Failure of a party
in interest to timely file an appeal constitutes a bar and a waiver
of any right to contest the City’s right to eliminate or remove
the weeds, brush, junk and/or rubbish from the property and charge
the resulting costs against the person and/or the property. The City,
through its agents or employees, shall have the right to enter upon
any premises, lands or places, whether public or private, during reasonable
business hours for the purpose of ensuring compliance with the requirements
of this chapter. If an order of the City Manager has not been complied
with within 30 days after its issuance, the City, at the discretion
of the City Manager or his designee, may cause the elimination or
removal of the infestation of weeds or brush and/or the removal or
elimination of accumulated junk and/or rubbish. Any owner, lessee
or other party in interest who fails to comply with an order issued
by the City Manager or his designee is hereby obligated to pay administrative
costs and expenses incurred in the elimination or removal of the conditions
complained of. Such administrative costs shall include the cost of
removal or elimination, legal costs and fees, and administrative fees
which are occasioned by enforcement of this chapter. All costs are
independent of any other penalties or powers of enforcement of the
City.
(d) No
agent or employee of the City shall have a civil cause of action against
a landowner or occupant for personal injury or property damage incurred
while on public or private land for purposes consistent with this
section except when such damages were willfully or deliberately caused
by the landowner or occupant.
(Ord. 3864 § 3, 2-1-06. Code 1994 § 16-30; Code 1965 § 14-28)
Upon completion of the cutting work done by City forces and/or
the City’s designee under this chapter, charges shall be made
against the owner of the property on which the weeds were cut. The
charges shall be the City’s actual costs for labor, equipment
and materials plus an administrative penalty of $50.00 for the first
cutting, $100.00 for the second cutting and $150.00 for the third
and subsequent cutting(s) within five years, plus a 25 percent surcharge
for supervision and inspection. The City Manager may set a minimum
labor, equipment and material charge for cutting operations of less
than one hour.
(Ord. 3864 § 4, 2-1-06. Code 1994 § 16-31; Code 1965 § 14-29)
The Community Development Department, as soon as may be practicable
after an assessment is made under this chapter, shall send by mail,
addressed to the owner of the affected lots or tracts of land, at
the reputed post office address of such owner as it appears in the
records of the County Assessor, a notice of such assessment, which
notice shall contain a description of the lots or parcels of land,
the name of the owner or owners, and the amount of the assessment.
(Code 1994 § 16-32; Code 1965 § 14-30)
It shall be the duty of the owner to pay the assessment levied
under this chapter within 20 days after the mailing of such notice,
and in case of his failure so to do, he shall be liable personally
for the amount of the assessment, and such assessment shall be a lien
upon the respective lots or parcels of land from the time of such
assessment. In case the owner shall fail to pay such assessment within
20 days after notice has been mailed to him, as provided by this chapter,
then it shall be the duty of the City Manager to certify the amount
of the assessment to the County Treasurer or other officer of the
County having custody of the tax list at the time of such certification,
to be by him placed upon the tax list for the current year and to
be collected in the same manner as other taxes are collected, with
a 25 percent administrative surcharge thereon to defray the costs
and to provide an economic disincentive for violations and the continuation
of violations; and all of the laws of the State for the assessment
and collection of general taxes, including the laws for the sale of
property for taxes and the redemption thereof, shall apply to and
have full effect for the collection of all such assessments.
(Code 1994 § 16-33; Code 1965 § 14-31)
The fact that assessments have been made against property as
provided in this chapter for cutting and removing weeds, brush and
rubbish shall not prevent the owner, agent or lessee from being punished
by fine or jailing under the general provisions of this code, but
such fine or penalty may be imposed on those found guilty of violating
the provisions of this chapter in all cases, whether an assessment
has or has not been made in accordance with the provisions of this
chapter.
(Code 1994 § 16-34; Code 1965 § 14-32)
(a) Hearing Board.
The City Council shall, as needed, appoint
an administrative hearing board which shall hear evidence and render
findings of fact as outlined in this section. The board shall serve
as the Undesirable Plant Management Advisory Commission. The members
of the board shall be residents of the City. The board shall annually
elect a chairperson and a vice-chairperson. A majority of the members
of the board shall constitute a quorum for the conduct of business.
(b) Management Plan.
The administrative hearing board in
its capacity as the Undesirable Plant Management Advisory Commission
shall develop a recommended management plan for the integrated management
of designated undesirable plants within the City. The management plan
shall be reviewed at regular intervals but not less often than once
every three years. The management plan shall be transmitted to the
City Council for approval, modification or rejection.
(c) Designation of Undesirable Plants.
The administrative hearing board shall designate undesirable plants which are subject to management. Plant species may be in addition to those designated in GJMC §
8.04.010.
(d) Individual Management Plans.
The administrative hearing
board shall require that identified landowners or lessees be required
to submit an individual management plan to control undesirable plants
upon such person’s property.
(e) Authority of City Council.
The City Council shall have
the sole and final authority to approve, modify or reject the management
plan, management criteria and management practice recommendations
of the administrative hearing board as to the requirements of weed
management in and for the City. The City Council shall not hear appeals
from the board on enforcement actions taken by the board, the City
Manager or City staff.
(Code 1994 § 16-35; Code 1965 § 14-33)