Lakewood Municipal Code Title 9 Article VIII

VIII. Nuisances

 

9.80.010 Definitions

As used in this chapter:

“Acceptable cover” shall be defined as desirable plant species present and sustaining themselves on a lot or tract of land to the extent that it covers two-thirds of the lot or tract of land given to vegetation.
“Code Enforcement Supervisor” or designee, means the person empowered by the City to supervise the Code Enforcement Unit of the Police Department and to enforce the provisions of this Chapter and the Zoning Ordinance.
“Commercial trailer” is defined as set forth in Section 10.33.085 of the Lakewood Municipal Code.
“Commercial vehicle” means any truck tractor, dump truck, semi-trailer, commercial trailer, tow truck, vehicle equipped to provide towing services, bus or vehicle with an empty weight of six thousand pounds or greater or any vehicle, regardless of weight, which is used, or normally associated with, the transportation of materials, products, freight, other vehicles, or equipment in furtherance of any commercial activity or is used “for hire” or displays advertising thereon. Identification of the vehicle’s manufacturer, model, or dealer shall not be considered as advertising. Any passenger vehicle designed to transport no more than nine persons or any pickup truck or van not exceeding twenty-five feet in length shall not be considered commercial vehicles.
“Desirable plant species” Desirable plant species shall include the following species of grasses, shrubs and forbs.
Grasses
• All perennial species (Poa genus) of bluegrass including but not limited to varieties of Kentucky, Canada, and Fendler
• All perennial species of bentgrass (Agrostis genus)
• All perennial species of ryegrass (Lolium genus)
• All perennial species of fescues (Festuca genus)
• Alkaligrass (Puccinellia genus)
• All species of bluestem (Andropogon genus)
• All species of bromegrass (Bromus genus)
• Buffalograss (Buchloe genus)
• All perennial species of grama grass (Bouteloua genus)
• Indiangrass (Sorghastrum genus)
• Needlegrass (Stipa genus)
• Indian ricegrass (Oryzopsis genus)
• All species of Lovegrass (Eragrostis genus)
• All species of Orchardgrass (Dactylus genus)
• Switch grass (Panicum genus)
• All species of wheatgrass (Agropyron genus)
• Alkali Sacaton (Sporobolus genus)
• Muhly grasses (Muhlenbergia genus)
• Timothy grass (Phleum genus)
Forbs and Shrubs – Pure stands of shrubs and/or forbs will generally not provide sufficient cover for a site to preclude the establishment of undesirable plants. Forbs and shrubs must be a component of acceptable cover which will include presence of the grass species previously listed.
• Antelope Bitterbrush
• Arrowleaf Balsamroot
• Aspen Daisy
• Blue Lupine
• Buffaloberry
• Chokecherry
• Fringed Sage
• Golden Banner
• Kinnikinnick
• Kochia, prostrate
• Lewis Blue Flax
• Louisiana Sage
• Mountain Mahogany
• Mountain Snowberry
• Oregon Grape
• Penstemon: Palmer and Rocky Mountain
• Prairie Coneflower
• Purple Prairie Clover
• Rubber Rabbitbrush
• Sagebrush, Big, Big Wyoming, and Mountain
• Saltbush: Fourwing, Gardner, and Shadscale
• Scarlet Globemallow
• Serviceberry
• Showy Goldeneye
• Silver Sage
• Skunkbush
• Small Burnett
• Utah Sweetvech
• Winter Fat
• Woods Rose
• Yarrow
“Junk” is:
1. Iron, brass, copper, tin, lead or other base metals; ropes, rags, fibers or fabrics; old bottles or other glass; rubber or rubber products; machinery, motor vehicle parts, inoperable/unlicensed trailers and inoperable/unlicensed motor vehicles as defined herein; tools, appliances, fixtures, lumber, unstacked firewood, utensils, cartons, containers, pipe and pipe fittings, conduit and conduit fittings; wastepaper; or other waste or discarded goods;
2. An inoperable/unlicensed motor vehicle is a motor vehicle which is inoperable, or does not display a current license plate, or which lacks one or more of the following items which is otherwise standard factory equipment on any particular vehicle model:
• windshield
• side or rear window
• door
• fender
• headlamp
• muffler
• wheel
• properly inflated tire
3. An inoperable motor vehicle is one that is not capable in its present condition of being promptly started and legally driven under its own power.
4. An inoperable/unlicensed trailer is a trailer which is inoperable due to a flat tire, lack of a wheel, lack of structural integrity, lack of a current plate, or other similar reasons which render it inoperable.
“Motor vehicle” is defined as set forth in Section 10.75.020 of the Lakewood Municipal Code.
“Multifamily Dwelling Unit” is a building designed for occupancy by three (3) or more households living in separate dwelling units to include motels or hotels.
“Nuisance” is a substance, act, occupation, condition or use of property which is of such nature and continues for such length of time as to:
1. Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or
2. In any way render the public insecure in life or in the use of property; or
3. Unlawfully and substantially interfere with, obstruct, or tend to obstruct or render dangerous for passage any street, alley, highway or other public way.
4. Constitute a failure to maintain detention ponds, drainageways, landscaping, lighting, trash enclosures, signage, retaining walls, irrigation systems, screening, fencing, parking lots, private driveways and streets and other conditions of private property in accordance with the provisions of a rezoning, plat, official development plan, fencing or landscaping plan, site plan, design standards, permit, or any other land development document approved by the City.
In all cases where no provision is made defining nuisances and how the same may be removed, abated or prevented, in addition to what may be declared such herein, those offenses which are known to the common law of the land and statutes of Colorado as nuisances may, in case the same exist within the city, be treated as such and proceeded against as provided in this article, or in accordance with any other provision of law.
“Outdoor Storage” is the use of an outdoor area for the keeping of possessions, belongings, goods, materials, or other items.
“Person” means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or any of their managers, officers or employees.
“Public view” means an observation from any location exterior to the property.
“Recreational vehicle” is defined as set forth in Section 10.33.085 of the Lakewood Municipal Code.
“Rubbish” includes, but is not limited to, all solid and liquid waste and litter, whether combustible or noncombustible, and includes but is not limited to ashes, cans, paper, rags, fiber, refuse, fabric, wrappings, cigarettes, cardboard, yard clippings, leaves, dead plant material, branches, wood, waste-building materials, glass, crockery, abandoned or unsafe household furnishings and appliances, discarded clothes or wearing apparel, carcasses of dead animals and other like materials, and animal feces.
“Trailer” is defined as set forth in Section 10.75.020 of the Lakewood Municipal Code.
“Travel trailer” is defined as set forth in Section 10.33.085 of the Lakewood Municipal Code.
“Vehicle” is defined as set forth in Section 10.75.020 of the Lakewood Municipal Code.
“Vehicle Storage” is keeping or allowing a vehicle or trailer to remain parked on the property for 24 hours or more.
(Ord. O-2013-4 § 1, 2013; Ord. O-2002-30 § 1, 2002; Ord. O-98-20 § 1, 1998; Ord. O-97-41 § 1, 1997; Ord. O-94-78 § 1, 1994; Ord. O-93-1 § 1 (part), 1993).

 

9.80.020 Unlawful condition on property-Responsibility

A. It is unlawful for any person having or being entitled to the possession of any real estate or leasehold, residence, apartment building, tenement, store, building or premises within this city, or any part thereof, to permit or allow:
1. The existence or outdoor storage of junk or rubbish or a nuisance upon any such premises, or part thereof, or on the sidewalk or the alleys abutting such premises for seven (7) days or more, except as otherwise provided in this section;
2. The growth of weeds or grass in excess of six (6) inches upon a tract or lot occupied by a habitable structure, or twelve inches upon a tract or lot without a habitable structure or in irrigation and drainage ditches. However, on undeveloped vacant or open space tracts or lots where the species composition is such that the site is at least two-thirds covered with a pure or mixed stand of acceptable cover and desirable plant species as defined in Section 9.80.010 and does not result in a safety hazard or other hazard, such as causing limited sight distance, the vegetation is exempt from the height limitations with a permit.
Additionally, height limitations do not apply to flower gardens, xeriscape gardens, vegetable gardens, plots of shrubbery, grain plots, pastures used for feed, fodder, or forage; or city-owned developed, undeveloped, or open space or parks; or in situations where slope stabilization or erosion control is the purpose of the planting or vegetation; or on any city or privately owned tract where the property is managed to maintain a xeriscape treatment.
Any person wishing to deviate from the twelve-inch height limitation on undeveloped vacant or open space tracts or lots through use of acceptable cover and desirable plant species shall apply for a permit from the Department of Community Resources. Approval of the permit will be based upon the density and type of plant species covering the property, as set forth in this Chapter. When a permit has been issued and the exempt property is adjacent to a street, sidewalk, alley, or a lot with a habitable structure, a ten (10) foot wide perimeter shall be maintained in which the grass and weeds cannot exceed twelve (12) inches in height.
3. Notwithstanding anything to the contrary, noxious plants or designated undesirable plants as defined in Section 35-5.5-101, et seq., C.R.S. shall be mowed to a height no greater than six (6) inches if located within one hundred (100) feet of a habitable structure or twelve inches if located farther than one hundred feet from a habitable structure.
4. The accumulation of manure by any means within one hundred (100) feet of the front lot line or within fifteen (15) feet of the side and rear lot lines. Manure stored in a pile or piles shall be screened so as to not be in view from any adjacent private property, from any adjacent public thoroughfare, or from areas of public access and shall be treated so as to not create a nuisance. Any containment area and/or manure pile shall be kept so as to not attract flies, create excessive odors, and so as to not cause a hazard to the health, safety and welfare of human beings and/or animals. Manure pile(s) shall be removed from the property at a minimum of once every seven (7) days.
a. Drainage improvements shall be provided by the property owner to protect an adjacent property, water body, river, stream, or storm sewer from runoff containing contaminants resulting from animal waste.
b. Manure shall not be spread or tilled into the ground for fertilizer or compost.
B. Motor Vehicle Parking.
1. Inoperable/Unlicensed Vehicles or Trailers – it shall be unlawful to park inoperable/unlicensed motor vehicles or trailers in the front yard of any property. Up to two (2) inoperable/unlicensed motor vehicles or trailers may be stored or parked outside on residential zoned properties provided such vehicles are stored or parked only in the side or rear yard and effectively screened from ordinary public view by means of a solid fence or a car cover. If a car cover is used for screening the cover shall be an opaque fitted cover made for the express purpose of covering a motor vehicle. The car cover shall be maintained at all times. Ripped, torn, or blowing car covers are not permissible. Such storage or parking areas shall be kept free of weeds, rubbish, and other waste items.
2. No more than fifty (50) percent of the front yard, rear yard, or side yard shall be used for such storage or parking of a motor vehicle, travel trailer, or any trailer. If the side yard is less than eight (8) feet wide, the storage or parking of such vehicles in said side yard is prohibited.
3. The outdoor storage of inoperable/unlicensed motor vehicles or trailers shall not be permitted in any office or commercial district unless associated with a permitted use as allowed by the Zoning Ordinance.
4. It shall be unlawful to park or store inoperable/unlicensed vehicles or trailers outside of multi-family dwelling units.
5. Parking is not allowed on landscaping, grass, or anywhere there is not an all-weather improved parking surface. This includes, but is not limited to stored or parked trailers, campers, and camper shells.
6. All parking areas, driveways, or any part of the property used for vehicle travel shall be an all-weather improved surface, such as gravel at least 3/4-inch thick and 3-inches depth, hot mix asphalt or concrete paving, with the surface clearly delineated by curbs, landscaping, or other similar features to distinguish the parking area from the remainder of the yard. Approved surfaces shall not include materials such as carpet, shingles, wood or cardboard.
7. The following vehicles are prohibited from being parked or stored on any property in residential or commercial zones except where explicitly permitted by the Zoning Ordinance:
a. Any commercial vehicle which is 20,000 pounds or greater or more than thirty (30) feet in length or ten (10) feet in height or greater or which has three (3) or more axles. In measuring the height of commercial vehicles, the measurement shall exclude any accessory equipment related to the function of the vehicle, such as air conditioning units, heating units and similar devices mounted on top of the vehicle. Signage shall not be excluded from such measurement. No more than fifty (50) percent of the roof area of the vehicle shall be used for the accessory equipment mounted on top of the vehicle;
b. Semi-trucks;
c. Semi-trailers;
d. Dump trucks;
e. Busses;
f. Construction equipment weighing 10,000 pounds or more except when being used on the property in conjunction with an active building permit or other permit issued for that location; including but not limited to back hoes, road graders, or front-end loaders; or
g. Construction equipment weighing less than 10,000 pounds shall be parked in the side or rear yard. Parking is prohibited if the side yard width is less than eight (8) feet.
8. No more than one (1) travel trailer, recreational vehicle, or camper unit per dwelling unit shall be parked on any residential zoned property.
9. No more than two (2) trailers or not more than one (1) trailer and one (1) recreational vehicle shall be parked in the front yard on any residential zoned property.
10. Unless prohibited by Subsection (B)(7) of this Section, no more than one (1) commercial vehicle or commercial trailer shall be parked per residential property.
C. Occupancy of Motor Vehicle, Travel Trailer, Recreational Vehicle. or Camper Unit on Private Property. A travel trailer, recreational vehicle, or camper unit not located within an approved zone district for a campground, shall not be parked or occupied as a dwelling unit for a period of time to exceed two (2) weeks in a calendar year. During such time, an adequate water supply and adequate toilet facilities shall be available at all times to the occupants of the travel trailer, recreational vehicle, or camper unit. If a power source is hooked to the travel trailer, recreational vehicle or camper unit via an extension cord, such cord must be maintained as to not create a safety hazard. No motor vehicle that has not been designed for occupancy may be used as a dwelling.
D. Storage in Buildings. This section shall not apply to enclosed structures or as otherwise provided by law, except as provided in Section 9.80.150(C).
E. Storage of Firewood. It is unlawful to store more than two (2) cords of cut and stacked firewood on any residential or commercial zoned property except where explicitly permitted by the code.
F. Each day a violation continues shall be deemed a separate violation.
(Ord. O-2013-4 § 2, 2013; Ord. O-2002-30 § 2, 2002; Ord. O-97-41 § 2, 1997; Ord. O-94-78 § 2, 1994; Ord. O-93-1 § 1 (part), 1993).

 

9.80.025 Unlawful condition of right-of-way

It shall be the responsibility of the owner, agent, or lessee of any real property abutting a public right-of-way to provide landscape maintenance including, but not limited to, mowing of all right-of-way area between the property line and the curb line or edge of roadway or right-of-way. The vegetation in said area shall be maintained to the same levels required under Chapter 9.80 and be litter free. (Ord. O-2013-4 § 3, 2013; Ord. O-97-41 § 3, 1997).

 

9.80.030 Method of abatement

In order to abate or remove any weeds, junk, rubbish, or nuisance, the city may elect to:
A. Initiate legal action in Lakewood Municipal Court or Jefferson County District Court; or
B. Cause abatement or removal by means of a notice and demand pursuant to Section 9.80.050; or
C. Cause abatement or removal by means of an Order to Show Cause pursuant to Section 9.80.060. (Ord. O-93-1 § 1 (part), 1993).

 

9.80.040 Initiate legal action in court

If the city elects to initiate legal action in Lakewood Municipal Court or Jefferson County District Court, notwithstanding Section 9.80.050, no prior notice regarding the abatement or removal need be given to the defendant. (Ord. O-93-1 § 1 (part), 1993).

 

9.80.050 Abatement procedure

The City shall give notice, as set forth in Section 9.80.080, that weeds, junk, rubbish or nuisance must be abated. If such weeds, junk, rubbish or nuisance are not removed or abated as required in the notice, or if an appeal to the Code Enforcement Supervisor has not been commenced within the seven (7) days stipulated therein, the Code Enforcement Supervisor is authorized and empowered to:
A. Cause such weeds, junk, rubbish or nuisance to be removed or abated and assess the costs as a lien against the property as stated in Section 9.80.090; or
B. Issue a show cause order as set forth in Section 9.80.060.
(Ord. O-2013-4 § 4, 2013; Ord. O-97-39 § 1, 1997; Ord. O-93-1 § 1 (part), 1993).

 

9.80.060 Show cause

A. If the owner or occupant shall fail to eliminate weeds, junk, rubbish or nuisance after receiving notice to do so, and the Code Enforcement Supervisor chooses to issue a show cause order, the Code Enforcement Supervisor shall give written notice to the owner or occupant or lessee or any party in interest, as determined from the records of the County Assessor’s Office, to appear at an administrative hearing before the Municipal Court on a specified date to show cause why conditions complained of should not be removed or eliminated.
B. The notice to show cause referred to in subsection (A) above shall be specific as to the condition of rubbish, weeds, junk or nuisance or other violation, shall state that the owner’s property may be subject to assessment for all costs associated with removal or elimination by the City of the stated conditions, and shall be served on the necessary parties personally or by mail. In addition, a copy of the notice of hearing shall be posted in a conspicuous place on the premises where the rubbish, weeds, junk or nuisance are found to exist. No further notice shall be necessary.
C. At the hearing referred to in subsections (A) and (B) above, the Municipal Court shall hear such statements and consider such evidence as the Code Enforcement Supervisor, or other enforcement officers, the owner, occupant, lessee, or other party in interest, or any other witness shall offer relevant to the existence of and removal or elimination of the weeds, junk, rubbish or nuisance. The Municipal Court shall make findings of fact from the statements and evidence offered as to whether the conditions complained of exist and must be eliminated. If the Court determines that weeds, junk, rubbish or nuisance do exist, and must be removed or eliminated, an order shall be issued based on the findings of fact within seven (7) days of the hearing directing the owner or occupant or lessee or any other party in interest to remove or eliminate said weeds, junk, rubbish or nuisance.
D. The order of the Municipal Court made pursuant to subsection (C) above, shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4). Failure of a party in interest to timely appeal said order constitutes a waiver by him of any right he may otherwise have to contest the City’s right to eliminate or remove the weeds, junk, rubbish or nuisance from his property, and charge the resulting costs against him and/or the property.
E. If an order issued by the Municipal Court has not been complied with within thirty (30) days after its issuance, the City at the discretion of the City Manager or designee may cause the elimination or removal of the rubbish, weeds, junk, or nuisance.
(Ord. O-2013-4 § 5, 2013; Ord. O-97-39 § 2, 1997; Ord. O-93-1 § 1 (part), 1993).

 

9.80.070 Summary abatement authorized

A. Each and every condition of rubbish, junk, weeds, or nuisance mentioned, declared or defined by any ordinance of the city is prohibited, and the City Manager, Police Chief or their designee is authorized, in his discretion, to cause the same to be summarily abated in such manner as he may direct subject to the limitations of subsection (B) of this section.
B. Upon authorization by the City Manager, Police Chief or their designee, if any rubbish, junk, weeds, or nuisance is a cause of imminent danger to the public health, safety or welfare, any such rubbish, junk, weeds or nuisance may be summarily abated by action of the City Manager, Police Chief, or their designee, and costs of abatement shall be charged to the landowner. Action for summary abatement shall be taken only where the City Manager, the Police Chief, or their designee determines that there is imminent danger to the public health, safety or welfare which cannot await abatement by any other means available under this chapter.
C. Notwithstanding anything to the contrary in this Chapter 9.80, the collection of abatement costs and method of appeal shall be pursuant to the following procedure:
1. After abatement, the City shall send a Notice and Demand for Payment by certified mail to the last known address of the property owner. The Notice and Demand for Payment shall state the reason for the Notice and Demand, the date that abatement of the property occurred, and the amount of the costs of abatement owed by the property owner.
2. The Notice and Demand for Payment shall state, and it shall be the law, that the property owner may appeal the Notice and Demand for Payment by filing a request for an appeal within fourteen (14) days of mailing of the Notice and Demand for Payment. Requests for appeal shall be filed with the City Clerk. Appeals shall be heard by a hearing officer duly appointed by the City. Appeals from decisions of the hearing officer shall be to Jefferson County District Court.
3. Payment of the amount set forth in the Notice and Demand for Payment shall be made to the City within thirty (30) days of mailing the Notice and Demand for Payment or such time as any appeal reaches final judgment. Failure to pay the amount owed in the time specified shall result in the amount owed being certified to the Treasurer of Jefferson County, and said amount owed shall be collected in the same manner as a real estate tax upon the property. The City may collect said amount in an action at law. (Ord. O-2009-5 § 1, 2009; Ord. O-93-1 § 1 (part), 1993).

 

9.80.080 Notice

A. Any person in violation of this chapter shall be given written notice of such fact, unless the City initiates an action in Lakewood Municipal Court or Jefferson County District Court, by the Code Enforcement Supervisor posting such notice on the property in a conspicuous place, directing the removal of weeds, junk, rubbish or nuisance. The date of posting of the notice by the City shall be included in the notice. A true copy of such notice shall also at the same time be mailed to the owner of such property as of that date as shown upon the tax rolls of Jefferson County, Colorado, at the address of such owner as therein shown. The notice shall inform the addressee that if such weeds, junk, rubbish or nuisance are not removed within seven (7) days of the date of the posted notice, or if a notice of appeal in writing is not filed with the Code Enforcement Supervisor within seven (7) days of the posted notice, the Code Enforcement Supervisor can cause such weeds, junk, rubbish or nuisance to be removed, and assess the costs of such removal as a lien against the property (describing the same) pursuant to the terms of this chapter. The notice shall further state, and it shall be the law, that costs and charges relating to the removal of weeds, junk, rubbish or nuisance shall be assessed as set forth at Section 9.80.090. A reasonable extension of time to effect such removal may be granted by the Code Enforcement Supervisor.
B. Any appeal filed with the Code Enforcement Supervisor shall be heard within thirty (30) days after receipt of appellant’s notice of appeal. The administrative hearing shall be conducted as set forth in Section 9.80.060(C) through (E).
(Ord. O-2013-4 § 6, 2013; Ord. O-97-39 § 3, 1997; Ord. O-93-1 § 1 (part), 1993).

 

9.80.090 Costs and charges

A. The person or persons responsible for any weeds, rubbish, junk or nuisance within the City shall be liable for and pay and bear all costs and expenses of the abatement of the same, including reasonable attorneys’ fees for costs of collection, which costs and expenses may be collected by the City in any action at law, or collected in connection with an action to abate a nuisance, or assessed against the property as hereinafter provided.
B. The notice required in Section 9.80.080 shall state, in addition to the requirements of that section, that if the weeds, rubbish, junk or nuisance are not abated or removed within the time stated in the notice, the cost of such abatement or removal, together with an additional administrative fee of at least one hundred eight dollars ($108.00) for inspection and incidental costs, shall be assessed as a lien against the property pursuant to the terms of this chapter, and collected in the same manner as real estate taxes against the property. The notice shall further state that if the cost of abatement or removal plus the administrative fee for inspection and incidental costs is not paid to the City within thirty days, the amount owed will be certified to the Treasurer of Jefferson County as set forth in subsections (D) and (E) of this section, and an additional amount of at least one hundred eight dollars ($108.00), for a total administrative fee of at least two hundred sixteen dollars ($216.00), will be assessed for administrative and other incidental costs incurred in certifying said amount to the county.
C. The Code Enforcement Supervisor shall mail a notice to the owner of the premises as shown by the tax roll, at the address shown upon the tax rolls, notifying such owner that work has been performed pursuant to this chapter, stating the date of performance of the work, the nature of the work and demanding payment of the costs thereof (as certified by the City Manager or his representative), together with an administrative fee of at least one hundred eight dollars ($108.00) for inspection and other incidental costs in connection therewith. Such notice shall state that if said amount is not paid within thirty (30) days of mailing the notice, it shall become an assessment on and a lien against the property of the owner, describing the same, and will be certified as an assessment against such property, together with an additional fee of at least one hundred eight dollars ($108.00), for a total administrative fee of at least two hundred sixteen dollars ($216.00), for administrative and other incidental costs incurred in certifying said amount to the Treasurer of Jefferson County, and the above-mentioned assessments will be collected in the same manner as a real estate tax upon the property.
D. If the Code Enforcement Supervisor does not receive payment within the period of thirty (30) days following the mailing of such notice, the Code Enforcement Supervisor shall subsequently certify to the Treasurer of Jefferson County the whole cost of such work, including the administrative fee of at least two hundred sixteen dollars ($216.00) which is the total amount owing for inspection costs, administrative costs and other incidental costs in connection therewith, upon the lots and tracts of land upon which the nuisance was abated. The Treasurer of Jefferson County shall collect the assessment in the same manner as other taxes are collected.
E. Each such assessment shall be a lien against each lot or tract of land until paid and shall have priority over other liens except general taxes and prior special assessments.
F. The minimum amount of such inspection, administrative and incidental costs which shall be certified to the Treasurer of Jefferson County as an assessment shall be two hundred sixteen dollars ($216.00).
G. The amount of such inspection, administrative and incidental costs which shall be certified to the Treasurer of Jefferson County as an assessment for a second violation on the same property within a time period of twenty-four months may be up to three hundred fifty-two dollars ($352.00).
H. The amount of such inspection, administrative and incidental costs which shall be certified to the Treasurer of Jefferson County as an assessment for a third violation or more on the same property within a time period of twenty-four months may be up to five hundred fourteen dollars ($514.00).
I. Notwithstanding the foregoing, any person or persons responsible for any weeds, rubbish, junk or nuisance which has been removed or abated by the City, and for which the person or persons have paid the City the costs of removal or abatement, shall be subject to an inspection and administrative charge of one hundred sixty-two dollars ($162.00) for a second violation of this chapter within twenty-four months, in addition to the costs of removal or abatement. A third violation within twenty-four months shall subject the person or persons to an inspection and administrative charge of two hundred seventy dollars ($270.00), in addition to the costs of removal or abatement.
(Ord. O-2013-4 § 7, 2013; Ord. O-2004-47 §§ 10-16, 2004; Ord. O-2003-32 §§ 10, 11, 12, 13, 14, 15, 16, 2003; Ord. O-2002-40 § 1, 2002; Ord. O-94-78 §§ 3, 4, 1994; Ord. O-93-1 § 1 (part), 1993).

 

9.80.100 Right of entry

A. It is lawful for the Code Enforcement Supervisor, or a police officer or code enforcement officer to go upon private property for enforcement of this chapter if:
1. Emergency conditions dangerous to the public health, safety or welfare exists;
2. The Code Enforcement Supervisor or police officer or code enforcement officer has obtained a search warrant or entry warrant; or
3. The Code Enforcement Supervisor, or police officer or code enforcement officer has obtained the consent of the person in possession of the property.
B. A judge of the Lakewood Municipal Court shall have power to issue an entry warrant for the abatement of a nuisance only on an affidavit sworn to or affirmed before the judge and relating facts sufficient to:
1. Identify or describe, as nearly as possible, the premises to be entered; and,
2. Establish probable cause to believe that:
a. A notice of a violation of Chapter 9.80 has been provided to a property owner or occupant of real property and the owner or occupant has not appealed the notice within the time allowed; or
b. The Municipal Court has found the property to be in violation of Chapter 9.80 and that finding has not been appealed within the time allowed.
C. The affidavit required by this section may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before issuance of the entry warrant. A copy of the affidavit for an entry warrant shall be attached to the entry warrant filed with the court.
D. If the judge is satisfied that grounds for the application of the entry warrant exist, or that there is probable cause to believe they exist, the judge shall issue a warrant identifying the property to be entered. The warrant shall be directed to any city police agent or code enforcement officer. It shall state the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof. It shall command the officer or agent to enter upon the property specified. The entry warrant may be served at any time.
E. The entry warrant may be executed and returned only within ten (10) days after its date. The officer or agent executing this entry warrant shall give to the person whose property was entered a copy of the warrant and a receipt for any property taken or shall leave the copy and receipt at the place entered.
(Ord. O-2013-4 § 8, 2013; Ord. O-2012-8 § 8, 2012; Ord. O-2001-50 § 1; 2001; Ord. O-93-1 § 1 (part), 1993;).

 

9.80.110 Cumulative remedies

No remedy provided herein shall be exclusive, but the same shall be cumulative, and the taking of any action hereunder, including charge or conviction of violation of this chapter in the municipal court of the city, shall not preclude or prevent the taking of other action hereunder to abate or enjoin any nuisance found to exist. (Ord. O-93-1 § 1 (part), 1993).

 

9.80.120 Concurrent remedies

Whenever a nuisance exists, no remedy provided for herein shall be exclusive of any other charge or action, and when applicable the abatement provisions of this chapter shall serve as and constitute a concurrent remedy over and above any charge or conviction of any municipal offense or any other provision of law. Any application of this chapter that is in the nature of a civil action shall not prevent the commencement or application of any other charges brought under the municipal ordinances or any other provision of law. (Ord. O-93-1 § 1 (part), 1993).

 

9.80.130 Affirmative defense

It is an affirmative defense to a charge of storage of junk or rubbish if the zone district where such junk or rubbish is stored allows for such use. (Ord. O-93-1 § 1 (part), 1993).

 

9.80.140 Towing

The towing, storage and sale of any junk motor vehicle, as defined herein, shall be subject to the public tow provisions for abandoned motor vehicles, pursuant to Section 42-4-1803, C.R.S.
A. Any section of the Colorado Revised Statutes in conflict with this chapter is superseded by the ordinance codified in this chapter.
B. At the time of towing and storage, the city shall perform an inventory search of the vehicle.
C. The Police Chief shall have the power to adopt rules and regulations for implementation of the towing and storage of junk motor vehicles by the city.
D. Nothing in this chapter shall affect the right of a private landowner to request that a junk motor vehicle be towed from his/her property pursuant to the private tow provisions of Section 42-4-2103, C.R.S.
(Ord. O-2013-4 § 9, 2013; Ord. O-94-78 § 5, 1994; Ord. O-93-1 § 1 (part), 1993).

 

9.80.150 Declared nuisances

The following matters are declared to be nuisances:
A. Compost. It is unlawful and constitutes a nuisance for any person to maintain a compost pile which substantially annoys, injures, or endangers the comfort, health or safety of the public. Such annoyance includes, but is not limited to, strong offensive odors or the presence of mice, rats or other vermin.
B. General Flood Hazard Area. It is unlawful and constitutes a nuisance for any person to obstruct any flood hazard area of the city as defined by ordinances of the City of Lakewood.
C. Interior of Structure. It is unlawful and constitutes a nuisance for any person to allow junk or rubbish to accumulate inside a residence or other structure to the extent it is a health and safety hazard to the occupants or the public.
D. Polluting Storm Sewers. It is unlawful and constitutes a nuisance to pollute a municipal storm sewer as such violation is defined in Chapter 13.14 of this code.
E. Offensive and Dangerous Businesses or Trade or Condition.
1. Any business where people congregate, which tolerates or permits a disturbance of the peace, or where the conduct of persons in or about that place is such as to disturb the peace of the occupants of or persons attending such place, or the residents in the vicinity, or the passersby on the street, highway or sidewalk, constitutes a nuisance.
2. Any business which tolerates or permits illegal gambling, unlawful use of drugs, narcotics or alcohol, unlawful sale or distribution of drugs, narcotics or alcohol, solicitation for prostitution or traffic in stolen property, constitutes a nuisance.
3. In no event shall conviction of a crime involving the enumerated types of conduct be necessary to support a finding that such types of conduct have taken place.
F. Scattering Debris. Dumping, throwing, placing or allowing any rubbish, junk, cans, boxes, debris, grass clippings or other waste materials on any public place in the city is a nuisance and is prohibited. Dumping of waste materials in a public area specifically designated by order of the City Manager or his designee in compliance with such regulations the City Manager may direct shall not be deemed a violation of this section.
G. Violations of Codes or Ordinances. It is unlawful and constitutes a nuisance for any person to maintain any property or building or any other structure in the city in a condition which is in violation of the codes or ordinances of the city.
H. Stagnant Water. Contaminated or Impure Well or Cistern.
1. Any well or cistern on any property within the limits of the city, whenever a chemical analysis or other proper test shows that the water of the well or cistern is contaminated, impure or unwholesome, or where the location of the well or cistern is dangerous, is a nuisance.
2. Every owner, tenant, occupant, lessee or other person in possession of any premises or any part thereof, upon which there is located a well containing contaminated, impure or unwholesome water, shall abandon the use of the same, and cause the same to be filled with earth or such other material as may be designated by the City Manager or his designee.
I. Obscenity. Any activity which takes place in or on any structure shall be deemed a nuisance and prohibited when such structure is:
1. Used to promote or display with intent to promote or display obscene material or obscene performances;
2. Used as a public or private place of prostitution;
3. The definition of “obscene” is that found at Section 18-7-101, 8B C.R.S. (1986).
J. Failure to Maintain Site. It shall be unlawful and shall constitute a nuisance for any person to fail to install or maintain any detention ponds, drainageways, landscaping, lighting, trash enclosures, signage, retaining walls, irrigation systems, screening, fencing, parking lots, private driveways and streets and other conditions of private property required to be installed and maintained through the provisions of a rezoning, plat, official development plan, fencing or landscaping plan, site plan, design standards, permit or any other land development document approved by the City. (Ord. O-98-20 § 2, 1998; Ord. O-93-1 § 1 (part), 1993).

 

9.85.010 Legislative intent

The City Council finds and declares that defacing of public or private property by painting, drawing, writing, etching or carving, by use of paint, spray paint, ink, knife or any similar method, constitutes a serious and growing menace, injurious to the public health, safety, morals and general welfare of the residents of the city; that graffiti contributes substantially to the spread of criminal activity, and that prompt eradication of graffiti is one measure to control the spread of such criminal activity, prevent additional accumulations of graffiti, and promote the public health, safety, morals and general welfare of the residents of the city. (Ord. O-95-25 § 1, 1995; Ord. O-91-29 § 1 (part), 1991).

 

9.85.020 Definitions

The following definitions shall apply to this chapter:
“Graffiti” means the defacing of public or private property by any person by means of painting, drawing, writing, etching or carving with paint, spray paint, ink, knife or any similar method without the prior consent of the property owner.
“Owner” and “property owner” mean any person owning, leasing, occupying or having control or possession of any property in the city. (Ord. O-95-25 § 2, 1995; Ord. O-91-29 § 1 (part), 1991).

 

9.85.030 Declaration of public nuisance

All property defaced by graffiti which is visible to public view is declared to be a public nuisance and in the interest of public health, safety, morals and general welfare, shall be abated as set forth in this chapter. (Ord. O-95-25 § 3, 1995; Ord. O-91-29 § 1 (part), 1991).

 

9.85.040 Concurrent remedies

The abatement procedures set forth in this chapter for defaced property shall not be exclusive and shall not restrict the city from concurrently enforcing other city ordinances, or pursuing any other remedy provided by law. (Ord. O-91-29 § 1 (part), 1991).

 

9.85.050 Enforcement

The Director of Community Planning and Development or his designee shall be responsible for enforcement of this chapter. After notice of the violation to the property owner, as set out in Section 9.85.060, the Director of Community Planning and Development is authorized to commence the abatement procedure set out herein and pursue any other remedy provided by law. (Ord. O-95-25 § 4, 1995; Ord. O-94-33 § 41, 1994; Ord. O-91-29 § 1 (part), 1991).

 

9.85.060 Notification of nuisance

A. The owner of any property defaced by graffiti, which is located within this municipality, shall be given written notice to abate the public nuisance on his property by removal or eradication of the graffiti within five days after service of the notice. Such notice shall be by personal service to the owner, or by posting the notice on the defaced property together with written notice mailed to the owner by first class mail, postage prepaid.
B. The notice to the property owner shall direct the owner to remove or eradicate the graffiti from the property within five days after service of the notice. The notice shall contain:
1. The location of and a description of the violation;
2. A demand that the owner remove or eradicate the graffiti from the property within five days after service of the notice;
3. A statement that the owner may voluntarily agree to immediate removal or eradication of the graffiti by the city with the costs assessed to the property owner;
4. A statement that the owner’s failure or refusal to remove or eradicate the graffiti may result in abatement by the city, in addition to any other available remedies and the costs of such abatement, together with an additional administrative fee of at least one hundred eight dollars ($108.00) for inspection and incidental costs, may be assessed as a lien against the property pursuant to the terms of this chapter, and collected in the same manner as real estate taxes against the property;
5. A statement that if the costs of abatement plus the administrative fee for inspection and incidental costs is not paid to the city within thirty days after notice to the property owner of costs owed to the city, the amount owed will be certified to the County Treasurer and an additional administrative fee of at least one hundred eight ($108.00), for a total of at least two hundred sixteen dollars ($216.00) in administrative fees, will be assessed for administrative and other incidental costs incurred in certifying said amount to the County Treasurer; and
6. A statement that the owner may make written demand to the Director of Community Planning and Development for an administrative abatement hearing before the City Manager or his designee, provided the written demand is made within five days after service of the notice, and provided the written demand for a hearing contains the owner’s current address and a telephone number where he can be reached between the hours of eight a.m. and five p.m., Monday through Friday. Written demand for a hearing shall be sent to the Director of Community Planning and Development, Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. (Ord. O-2004-47 §§ 17-18, 2004; Ord. O-2003-32 §§ 17, 18, 2003; Ord. O-2002-39 § 1, 2002; Ord. O-95-25 § 5, 1995; Ord. O-94-33 § 42, 1994; Ord. O-91-29 § 1 (part), 1991).

 

9.85.070 Abatement procedure

If the owner of property defaced by graffiti fails or refuses to remove or eradicate the graffiti as directed within the time permitted, and has not made written demand for an administrative abatement hearing, the Director of Community Planning and Development shall notify the City Manager of the violation. The City Manager or his designee may then cause the graffiti to be removed or eradicated by city employees or private contractor. (Ord. O-2002-39 § 2, 2002; Ord. O-95-25 § 6, 1995; Ord. O-91-29 § 1 (part), 1991).

 

9.85.080 Administrative hearing

A. Upon receipt of a written demand by the property owner for an administrative abatement hearing, the Director of Community Planning and Development shall notify the City Manager or his designee and a hearing shall be held within seven days after receipt of the demand. Notice of the hearing date and location shall be mailed to the owner at the address listed in the written demand.
B. At the administrative abatement hearing the City Manager or his designee shall hear such statements and consider such evidence as the Director of Community Planning and Development, code enforcement officers, the owner of the property, or any other witness, shall offer which is relevant to the violation. The property owner and the Director of Community Planning and Development may be represented by legal counsel at such hearing. The City Manager or his designee shall make written findings of fact based upon the evidence offered at the hearing regarding the violation and shall determine whether the graffiti shall be removed or eradicated. The City Manager or his designee shall within three days after the hearing issue a written order stating whether a violation exists on the property in issue. If the City Manager or his designee finds a violation exists and the graffiti shall be removed, the order shall direct the owner of the property to remove or eradicate the graffiti. The written order shall be mailed to the property owner by first class mail, postage prepaid.
C. If an order issued by the City Manager or his designee directing an owner to remove or eradicate graffiti has not been complied with within seven days after its issuance, the City Manager or his designee may cause the graffiti to be removed or eradicated by the City employees or private contractor and all costs associated with such removal or eradication shall be charged to the owner of the property.
D. Any property owner who fails to comply with such an order may be charged with the costs and expenses incurred in the removal or eradication of the graffiti. Costs and expenses shall include costs of removal, inspection fees, postal charges, attorneys fees to enforce or collect such costs, legal expenses, and any other costs or expenses incurred by the city as a result of the enforcement of this chapter.
E. The order of the City Manager or his designee shall be subject to review by court action, in accordance with Rule 106 of the Colorado Rules of Civil Procedure. The city shall be considered to be a party to every proceeding before the City Manager or his designee.
F. A record of hearings before the City Manager or his designee shall be kept, whether by electronic transcription, secretarial minutes or otherwise and such records shall be kept in the custody of the City Clerk for a period of one year following the date of the hearing and shall be made available for transcription as may be required. The costs of any transcription shall be paid by the person or entity requesting the transcription. (Ord. O-2002-39 § 3, 2002; Ord. O-95-25 § 7 & 9, 1995; Ord. O-91-29 § 1 (part), 1991).

 

9.85.090 Costs and charges

A. The property owner shall be liable for and pay and bear all costs and expenses of the graffiti removal or eradication, including reasonable attorney’s fees for costs of collection, which costs and expenses may be collected by the city in any action at law, referred for collection by the City Attorney on a contingency basis, in his discretion, collected in connection with an action to abate a nuisance, or assessed against the property as hereinafter provided.
B. The notice required in Section 9.85.060, shall, in addition to the requirements of that section, state that if the graffiti is not removed or eradicated within the time stated in the notice, the cost of such removal or eradication, together with an additional administrative fee of at least one hundred eight dollars ($108.00) for inspection and incidental costs, may be assessed as a lien against the property pursuant to the terms of this chapter, and collected in the same manner as real estate taxes against the property. The notice shall further state that if the cost of graffiti removal or eradication plus the administrative fee for inspection and incidental costs is not paid to the city within thirty days, the amount owed will be certified to the County Treasurer as set forth in subsections (D) and (E) of this section, and an additional administrative fee of at least one hundred eight dollars ($108.00), for a total administrative fee of at least two hundred sixteen dollars ($216.00), will be assessed for administrative and other incidental costs incurred in certifying said amount to the County Treasurer. If the owner of the property is not personally served with a copy of such notice, then a copy of such notice shall be mailed to the owner of such property as shown upon the tax rolls of Jefferson County, Colorado, at the address of such owner as therein shown.
C. The Director or his designee shall mail a notice to the owner of the premises as shown by the tax rolls, at the address shown upon the tax rolls, notifying such owner that work has been performed pursuant to this chapter, stating the date of performance of the work, the nature of the work and demanding payment of the costs thereof (as certified by the City Manager or his representative), together with an administrative fee of at least one hundred eight dollars ($108.00) for inspection and other incidental costs in connection therewith. Such notice shall state that if said amount is not paid within thirty days of mailing the notice, it shall become an assessment on and a lien against the property of the owner, describing the same, and will be certified as an assessment against such property in the amount set forth in subsection (B) of this section, together with an additional administrative fee of at least one hundred eight dollars ($108.00), for a total administrative fee of at least two hundred sixteen dollars ($216.00), for administrative and other incidental costs incurred in certifying said amount to the County Treasurer, and the above-mentioned assessments will be collected in the same manner as a real estate tax upon the property.
D. If the Director or his designee does not receive payment within the period of thirty days following the mailing of such notice, the Director or his designee shall certify to the County Treasurer the whole cost of such work, including a fee of at least two hundred sixteen dollars ($216.00) which is the total amount owing for inspection costs, administrative costs and other incidental costs in connection therewith (as set forth in subsections (B) and (D) of this section upon the lots and tracts of land upon which the graffiti was removed or eradicated. The County Treasurer shall collect the assessment in the same manner as other taxes are collected.
E. Each such assessment shall be a lien against each lot or tract of land until paid and shall have priority over other liens except general taxes and prior special assessments. (Ord. O-2004-47 §§ 19-21, 2004; Ord. O-2003-32 §§ 19, 20, 21, 2003; Ord. O-2002-39 § 4, 2002; Ord. O-95-25 § 10, 1995; Ord. O-91-29 § 1 (part), 1991).

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