PALMER LAKE, COLORADO
RESOLUTION\ORDINANCE NO. 14-2002

AN ORDINANCE REQUIRING THE REMOVAL OF WEEDS, BRUSH, LEAVES, PINE NEEDLES AND LITTER FROM PRIVATE PROPERTY WITHIN THE TOWN OF PALMER LAKE, COLORADO UNDER CERTAIN CONDITIONS AND DECLARING AN EMERGENCY

WHEREAS, The Town of Palmer Lake, Colorado has determined that a fire emergency exists in and around the Town of Palmer Lake, Colorado; and

WHEREAS, There exists within the Town of Palmer Lake, Colorado certain areas that have accumulated weeds, brush, leaves, pine needles and litter that constitutes a potential health and safety danger to the Town of Palmer Lake, Colorado; and

WHEREAS, The Town of Palmer Lake, Colorado needs a way to require the removal of such items and other items that constitute a danger to the people and property of the Town of Palmer Lake, Colorado; and

WHEREAS, The Town of Palmer Lake, Colorado declares that the passage of this ordinance is necessary for the health, safety and welfare of the people of the Town of Palmer Lake, Colorado

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALMER LAKE, EL PASO COUNTY, COLORADO, AS FOLLOWS:

Section 1. Section 8.04.090 of the Palmer Lake Municipal Code is amended to read as follows:

8.04.090 Penalties. Any person violating any provisions or failing to comply with any of the mandatory requirements of Chapter 8.04 or 8.05 of the municipal code of the Town of Palmer Lake shall be guilty of a misdemeanor. A person convicted of a misdemeanor under the ordinances of Palmer Lake shall be punished by a fine of not more than $1,000 or by imprisonment not to exceed one year, or by both such fine and imprisonment.

Section 2. Section 8.05.130 of the Palmer Lake Municipal Code is amended to read in its entirety as follows:

8.05.130 Weeds, Brush, Leaves, Pine Needles or Litter. It shall be unlawful for weeds, brush, leaves, pine needles or litter as defined in section 8.08.020 (C) of the Palmer Lake Municipal Code to be allowed to accumulate on property within the Town of Palmer Lake, Colorado. The Town of Palmer Lake shall give written notice of abatement to the occupant and mail notice to the owner of the property where weeds, brush, leaves, pine needles or litter has been allowed to accumulate directing the occupant and/or owner to remove same. Failure to remove same within 48 hours or such other time as is specified in the notice, shall authorize the Town of Palmer Lake, Colorado to enter onto said property and to remove and dispose of same in whatever manner the Town of Palmer Lake shall determine to be appropriate. If the Town of Palmer Lake, Colorado has to remove same, the Town of Palmer Lake, Colorado shall assess the whole cost of such removal and disposal, including all incidental costs incurred in connection therewith plus an additional five percent (5%)for inspection and shall give written notice of assessment to the owner and the occupant by personal service or by certified mail return receipt requested. The assessment shall be a lien against each lot or tract of land from which the weeds, brush, leaves, pine needles or litter has been removed, until paid in full, and shall have priority over all other liens except general taxes and prior special assessments. In case such assessment is not paid within sixty (60) days from the date of the assessment notice, the assessment may be certified by the town clerk to the county treasurer who shall collect the assessment, together with a ten percent (10%) penalty for cost of collection, in the same manner as other taxes are collected The laws of the State of Colorado for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of such assessment.

Section 3. A new section 8.05.140 is added to the Palmer Lake Municipal Code to read as follows:

8.05.140. Additional Provisions. The above enumerated provisions of this section are in no way deemed to be exclusive and anything declared a nuisance under section 8.04.010 shall be abated in accordance with the provisions contained therein and in addition, subject to the penalties provided for in Sections 8.04.090.

Section 4. Severability. It is hereby declared to be the intention of the Board of Trustees of the Town of Palmer Lake, Colorado that the sentences, clauses and phrases of this ordinance are severable, and if any sentence, clause or phrase of this ordinance be declared unconstitutional or invalid by the valid judgment or decree of Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sentences, clauses or phrases of this ordinance since the same would have been enacted by the Board of Trustees without the incorporation of any unconstitutional or invalid sentence, clause or phrase.

Section 5. Publication and Effective Date. The Town Clerk shall certify to the passage of this ordinance and cause notice of its contents and passage to be published or posted. This ordinance shall become effective immediately upon passage.

PASSED AND ADOPTED THIS ____ DAY OF MAY, 2002

NIKKI McDONALD, MAYOR

ATTEST

DELLA J. GINS, TOWN CLERK

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