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Title 8 - Health and Sanitation

Chapter 8.06 - Trees and Vegetation
8.06.010 Definitions
The following definitions will be applicable throughout this chapter:
"Agent" means any person other than the owner, in charge of, or having the control and supervision of, the premises. An occupant or tenant of the premises, except hotels, apartment houses, office buildings and other multi-unit dwellings and business buildings shall, for all purposes, be considered an agent.
"Director" means the Director of Community Resources for the city or his designee.
"License" means as specified in this chapter and required for tree contractors working within the city.
"Owner" means the recorded owner of property as shown by the records of the Clerk and Recorder of Jefferson County and shall also include, but not be limited to, the person having the possession of property.
"Person" means any person, firm, partnership, association, corporation, company or organization.
"Plant" means and includes any tree, shrub, vine, weed, grass, herbaceous plant, or other ornamental vegetation.
"Public way" means and includes all streets within the city as defined in Section 1.04.010 of this code and all public rights-of-way and easements, public footpaths, walkways and sidewalks, public roads, public alleys, public drainageways, public parks, medians and open space. It shall not include utility easements on private property not located within any other public way or privately owned ditch canals.
"Standards" means acceptable arboricultural performance practices for tree contractors.
"Test" means any test or survey conducted by the forestry maintenance supervisor or his designee to determine if any tree is infested with a communicable disease or insect infestation capable of causing widespread damage.
"Tree" means a single or multi-stemmed woody plant that attains a minimum mature height of fifteen feet with a mature trunk diameter of four inches measured six inches above the ground.
"Tree contractor" means any person who performs for hire any tree or shrub maintenance or removal service within the city. (Ord. O-94-16 §§ 1-4, 1994; Ord. O-89-3 § 3, 1989; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).

8.06.020 Authorization for trimming, planting and similar activities
The Director or his designee is granted the authority to trim, spray, remove, plant and protect vegetation and to trim, spray and remove weeds upon the public way. (Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).

8.06.030 Rules and regulations-Promulgation authority
A. The Director shall have the nonexclusive authority to promulgate such reasonable rules and regulations as may be necessary or proper for the following purposes:
1. To protect and promote the enhancement of vegetation within Lakewood;
2. To regulate all aspects of the tree service business directly affecting the public health and safety, and requiring the use of such safety appliances, apparatus and equipment as are reasonably necessary for the protection of the workers engaged in such work performed within the city; and
3. To set out standards for arboricultural practices to be used within the city by licensees.
B. Copies of the rules and regulations shall be on file in the city clerk's office and available for public inspection during regular business hours. (Ord. O-94-16 § 5, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).

8.06.040 Injury or destruction-Notice-Repair or replacement
Any person who injures, damages or destroys any vegetation other than weeds and noxious vegetation within any public way within the city shall promptly notify the forestry maintenance supervisor or his designee of such fact and within a reasonable time as specified by the forestry maintenance supervisor or his designee repair or replace said vegetation. If such person fails or refuses to repair or replace such damaged or destroyed vegetation, the forestry maintenance supervisor or his designee may take the necessary steps to repair or replace said vegetation. Cost of repair or replacement shall be paid by the person who has caused the injury plus a five-percent charge for inspection and incidental expenses. In the event of the failure of any person to make payment as required hereunder, the city may recover the same in an action at law in a court of competent jurisdiction, including the five-percent charge and attorney's fees. (Ord. O-94-16 § 6, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).

8.06.050 Elm firewood prohibitions
It is unlawful for any person to import into the city or to store or sell any species of elm firewood within the city with the bark intact. (Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).


8.06.060 Disease inspection and tests
The Director or his designee is authorized and empowered to inspect any vegetation upon any property whether public or private within the city and to conduct such tests and surveys and to take such samples of vegetation as may be necessary or desirable to determine if any Dutch Elm disease or other communicable disease or epidemic insect infestation exists. Tests may also be made to determine if trees are structurally deficient and are capable of causing major property damage to private or public property. (Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).

8.06.070 Disease control required
Where any such inspection, test, or survey reveals the existence of Dutch Elm disease or other communicable disease capable of causing an epidemic spread or epidemic insect infestation or imminent structural hazard, the forestry maintenance supervisor or his designee shall notify the owner of the premises in writing of the condition that exists and the correction required. Said notice shall require the correction to be completed within fourteen days from the owner's receipt of the notice. (Ord. O-94-16 § 7, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).

8.06.080 Second correction notice
If conditions set out in the first notice have not been corrected within fourteen days from the owner's receipt of the notice, the forestry maintenance supervisor or his designee shall issue a second notice allowing an additional period of time, not to exceed fourteen days, to make the corrections. The second notice shall state that if corrections are not made within the additional specified time, the forestry maintenance supervisor or his designee will proceed to make such corrections and the costs shall be assessed against the owner. (Ord. O-94-16 § 8, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).

8.06.090 Noncompliance action
Should the owner of the property refuse or fail to comply with the terms of the second notice, the forestry maintenance supervisor or his designee may enter the premises and remove, treat or dispose of, or otherwise care for vegetation in order to make the required corrections. (Ord. O-94-16 § 9, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).

8.06.100 Projection into public way
Where any vegetation upon private property projects into or encroaches upon any public way in such a manner as to impair, obstruct or endanger pedestrian or vehicular traffic or to present a potential hazard or potential damage to public or private property, the forestry maintenance supervisor or his designee shall give written notice to the owner of the premises upon which the same are located, requiring such owner to remove, trim, or otherwise treat such vegetation within fourteen days of owner's receipt of the notice. If the correction set out in the first notice has not been made within fourteen days of the owner's receipt of the notice, the forestry maintenance supervisor or his designee shall issue a second notice allowing an additional period of time, not to exceed fourteen days, to make the correction. The second notice shall state that if the correction is not made within the additional specified time, the forestry maintenance supervisor or his designee shall enter upon the premises and remove, trim, or otherwise treat such vegetation and the costs shall be assessed against the owner. (Ord. O-94-16 § 10, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).


8.06.110 Application for license
Tree contractors shall make application to the Forestry Supervisor for a license on forms furnished by the Forestry Supervisor. The Forestry Supervisor shall not accept an application which is not complete in every detail. Upon receipt of an application, the Forestry Supervisor shall evaluate the applicant's qualifications. The Forestry Supervisor or his designee shall evaluate the applicant's qualifications based on his/her prior experience, or if the applicant has little or no prior experience, the Forestry Supervisor or his designee shall administer a standard test to determine applicant's qualifications. The Forestry Supervisor or his designee shall approve or deny the license based on his evaluation of the applicant's experience or test results. If the Forestry Supervisor finds the applicant has met the requirements of this chapter and has been determined to be qualified, the Forestry Supervisor shall issue the applicant a license. If the Forestry Supervisor finds the applicant has not met the requirements of this chapter or the Forestry Supervisor or his designee determines the applicant is not qualified, the Forestry Supervisor shall deny issuance of the license. An applicant who is denied a license shall be notified of the denial and the grounds therefore in writing. An applicant may request review of the denial by the City Manager or his designee in writing within ten days of his/her receipt of the notice of denial. The decision of the City Manager or his designee shall be final. (Ord. O-2003-34 § 1, 2003; Ord. O-94-16 § 11, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).

8.06.120 Licensing fee
Each applicant shall pay an annual license fee of twenty-five dollars. License shall be valid for the current calendar year. (Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).

8.06.130 Applicant to furnish liability insurance
Each applicant must furnish at the time of application a certificate of insurance stating the following minimum requirements:
A minimum limit of liability per occurrence of six hundred thousand dollars for bodily injury and/or property damage;
The applicant may furnish such other evidence of financial responsibility as shall be acceptable to the Risk Manager;
The applicant shall also furnish workmen's compensation in compliance with the Compensation Law of the state; and
A minimum limit of liability per occurrence of six hundred thousand dollars combined single limit for bodily injury and/or property damage for all vehicles. (Ord. O-94-16 § 12, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).

8.06.150 Insurance-Nonrenewal
Prior to cancellation of or material change in any required policy a minimum of thirty days written notice shall be given to the Risk Manager of the city by means of certified mail, return receipt requested, which notice shall identify the tree contractor's license to which it applies. (Ord. O-94-16 § 14, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).


8.06.170 Denial, suspension, or revocation of license
The Forestry Supervisor may refuse to issue, suspend or revoke a license, as the case may be, if a contractor has had his license suspended or revoked in another state or city, has refused to provide the Forestry Supervisor with adequate information as requested, or has provided false information regarding himself or his firm in the application for a license. The Forestry Supervisor may also suspend or revoke a license if it is determined that the licensee no longer meets the requirements of this chapter or that he or his employees have engaged in any fraudulent or illegal practices. Licenses will be immediately suspended if insurance is allowed to lapse or if the standards for arboricultural practices are not adhered to. (Ord. O-2003-34 § 2, 2003; Ord. O-94-46 § 16, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).

8.06.180 Regulation-Pesticides
A. Any tree contractor licensed to do business in the city who applies pesticides in the city shall register his current commercial applicator business license, issued by the Colorado Department of Agriculture, with the Forestry Supervisor's office.
B. Any commercial pesticide applicator who applies pesticides within the city shall register his commercial applicator business license number with the Forestry Supervisor's office. (Ord. O-2003-34 § 3, 2003; Ord. O-94-16 § 17, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).

8.06.200 Unlawful acts
A. It is unlawful for any tree contractor to engage in any tree or shrub maintenance or removal within the city without a tree contractor's license.
B. It is unlawful for any licensee hereunder to violate or neglect or refuse to comply with any rules and regulations promulgated by the director pursuant to Section 8.06.030 of this chapter. (Ord. O-94-16 § 19, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).


Chapter 8.12 - Wood Burning
8.12.010 Definitions
The following words and phrases have the following meanings unless the context clearly indicates otherwise:
"Barbeque devices" means devices that are utilized solely for the purpose of cooking food.
"Fireplace" means a hearth, fire chamber or similarly prepared place and a chimney.
"Fireplace insert" means any woodburning device designed to be installed in an existing fireplace which meets the Phase III wood stove standard, as such term is defined in this section.
"High pollution day" means a period of time designated as a high pollution day by the Colorado Department of Health.
"Phase III wood stove" means any woodburning device that meets the most stringent standards adopted by the Air Quality Control Commission pursuant to Section 25-7-106.3(1), C.R.S., or any nonaffected woodburning device that is approved by the Commission.
"Sole source of heat" means one or more solid fuel burning devices which constitute the only source of heating in a private residence. No solid fuel burning device or devices shall be considered to be the sole source of heat if the private residence is equipped with a permanently installed furnace or heating system utilizing oil, natural gas, electricity, or propane.
"Solid fuel burning device" means a device designed for solid fuel combustion so that usable heat is derived for the interior of a building, and includes, without limitation, solid fuel burning stoves, fireplaces or wood stoves of any nature, solid fuel burning cooking stoves, combination fuel furnaces or boilers which burn solid fuel, or any other device used for the burning of solid combustible material. Solid fuel burning devices do not include barbeque devices or natural gas-fired fireplace logs. (Ord. O-92-61 § 1 (part), 1992).

8.12.020 Installation
On or after January 1, 1993, any new or remodeled fireplace to be installed shall be one of the following:
A. A gas appliance;
B. An electric device; or
C. A fireplace or fireplace insert that meets the most stringent emissions standards for wood stoves established by the Air Quality Control Commission, or any other clean burning device that is approved by the Air Quality Control Commission. (Ord. O-92-61 § 1 (part), 1992).

8.12.030 Woodburning-Prohibition
A. It is unlawful for any person to operate a solid fuel burning device during a high pollution day unless an exemption has been granted pursuant to Section 8.12.040. It is the duty of all persons owning or operating a solid fuel burning device to be aware of any declaration of a high pollution day by the Colorado Department of Health.
B. At the time of the declaration of a high pollution day, the City Manager shall allow three hours for the burndown of existing fires in solid fuel burning devices prior to the initiation of enforcement. (Ord. O-92-61 § 1 (part), 1992).

8.12.040 Exemption
A. It is an affirmative defense to a charge of burning on a high pollution day that a person:
1. Was utilizing an appliance listed in Section 8.12.020; or
2. Has been granted a temporary exemption.
B. The city manager may grant such exemptions according to the following standards:
1. A person shall demonstrate economic need by providing proof of eligibility for energy assistance according to economic guidelines established by the United States Office of Management and Budget under the Low-income Energy Assistance Program (L.E.A.P.), as administered by Jefferson County.
2. A person applying for an exemption must provide a sworn statement that he relies on a solid fuel burning device installed prior to December 1, 1986, as the sole source of heat.
C. An exemption granted under this section shall be valid for one year from the date it is granted. (Ord. O-94-16 § 20, 1994; Ord. O-92-61 § 1 (part), 1992).

8.12.050 Inspections
For the purpose of determining compliance with the provisions of this chapter, city inspectors are authorized to make inspections of all air contamination sources, including solid fuel burning devices which are being operated on high pollution days, but only consistent with the constitutional rights of the owner or occupant of the premises. If any person refuses or restricts entry and free access to a city inspector to any part of a premise, or refuses to allow an inspection, the inspectors shall seek from the municipal court of the City of Lakewood a search warrant authorizing an inspector to enter the premises and conduct an inspection. (Ord. O-94-16 § 21, 1994; Ord. O-92-61 § 1 (part), 1992).


Chapter 8.14 - Garbage, Trash and Refuse Storage and Disposal
8.14.010 Definitions
As used in this chapter:
“Code Enforcement Supervisor” means the person, or such person’s designee, 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.
"Garbage" means waste material resulting from the preparation, cooking, consumption, handling, storage or sale of food.
"Owner" means any person possessing title to any real estate, residence, apartment building, store, building or premises within the city.
"Person" means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or its manager, officer or employee.
"Refuse" means solid or liquid waste, except hazardous waste, whether putrescible or non-putrescible, combustible or noncombustible, organic or inorganic, including by way of illustration and not limited to, waste and materials commonly known as trash, garbage, debris or litter, animal carcasses, offal or manure, paper, ashes, cardboard, cans, yard clippings, glass, rags, discarded clothes or wearing apparel of any kind, or any other discarded object.
"Tenant" means any person leasing, renting, or otherwise occupying, without possessing title, any real estate, residence, apartment building, store, building or premises within the city.
"Trash" means combustible refuse, including but not limited to paper, cartons, boxes, barrels, tree branches, yard trimmings, dead plant material, wood or upholstered furniture or bedding, or other similar substances or materials and noncombustible material including but not limited to metals, tin or aluminum cans, metal furniture, dirt, rock, pieces of concrete, glass crockery or other mineral waste. (Ord. O-2015-4 § 1, 2015; Ord. O-2002-38 §1, 2002; Ord. O-94-79 § 1, 1994; Ord. O-93-60 §§ 1, 2, 1993; Ord. O-93-2 § 1 (part), 1993).

8.14.020 Requirement to provide containers
A. It shall be the duty of every owner or tenant where garbage, trash or refuse is generated to provide and at all times maintain in good order and repair container(s) for such garbage, trash or refuse. Said owner or tenant shall provide containers of such size and number as defined herein so that all garbage, trash or refuse generated from the property can be accommodated in such containers without overflowing.
B. Garbage, trash or refuse containers shall be either a commercial type dumpster with a lid or a residential type garbage container with the following design:
1. Not more than ninety gallon capacity;
2. Watertight;
3. Composed of a solid and durable grade of metal or plastic or similar and suitable material, such as fiberglass or rubber;
4. Suitable handle or handles on the outside;
5. Tight-fitting insect and rodent resistant cover.
C. Plastic trash bags may be used in lieu of a container provided they have a closing mechanism to prevent the emission of odors and are of sufficient thickness and strength to contain the refuse, trash or garbage without tearing and ripping under normal handling.
D. If plastic trash bags at any location are repeatedly subject to tearing or ripping by animals or other causes, then after notice by the city to the owner or tenant, the use of plastic trash bags shall be prohibited at that location and garbage, trash or refuse containers meeting the requirements of subsection (B) of this section shall be used.
E. Anything to the contrary notwithstanding, the owner of any multifamily residence consisting of three or more units per lot, or any entity which owns common areas that serve three or more units per lot, or the owner of any commercial or industrial zoned property, shall provide a commercial type dumpster for the occupants of the unit after notification from the Code Enforcement Supervisor to so provide said dumpster. The Code Enforcement Supervisor will notify the owner or entity only after the Code Enforcement Supervisor has reasonable cause to order such action. Reasonable cause shall include but not be limited to the following:
1. An excessive number of containers or bags are used to store garbage, trash or refuse generated from any property under separate ownership. More than eight containers or bags per property shall constitute an excessive number;
2. The existence of a filled container or bag that weighs more than fifty pounds;
3. Insects, rodents, other animals, or odor problems are in evidence;
4. Spillage or leakage is in evidence;
5. Reasonable cause exists to believe that the occupants of the multifamily residence are dumping their garbage, trash or refuse in the dumpster of adjacent property owners. (Ord. O-2015-4 § 2, 2015; Ord. O-2002-38 § 1, 2002; Ord. O-94-79 § 2, 1994; Ord. O-83-60 §§ 3-5, 1993; Ord. O-93-2 § 1 (part), 1993).

8.14.025 Placement and storage of containers and plastic trash bags
A. Garbage, trash and refuse containers and plastic trash bags must be stored within ten (10) feet of the building or within a concealed area not closer than 25 feet from the street.
B. Garbage, trash and refuse containers and plastic trash bags may be placed at curbside in front of a single-family dwelling or multiple family dwelling for collection purposes for a period not to exceed forty-eight (48) consecutive hours each week.
C. When placed for collection, garbage, trash and refuse containers, plastic trash bags and recyclable materials shall not be placed on the sidewalk or in the street, or in such a manner as to impair or obstruct pedestrian, bicycle or vehicular traffic.
D. Except when placed curbside for trash pickup, all garbage, trash and refuse containers, including commercial type dumpsters and residential type containers, shall be placed on private property and shall not extend onto the public right of way. All commercial type dumpsters shall be placed on an improved all-weather surface, such as gravel at least 3/4-inch thick and 3-inches depth, hot mix asphalt or concrete paving, and shall not interfere with vehicle or pedestrian travel and shall not obstruct the sight triangle.  (Ord. O-2015-4 § 3, 2015; Ord. O-2005-5 § 1, 2005; Ord. O-2002-38 § 1, 2002).


8.14.028 Temporary roll-off dumpsters
A no-charge public way permit must be obtained prior to the placement of a temporary roll-off dumpster in the public right of way. The applicant must comply with the terms set forth on the permit. Temporary roll-off dumpsters shall not be permitted in the public right of way for more than thirty (30) days unless due cause for an extension of time can be demonstrated. (Ord. O-2002-38 § 1, 2002).

8.14.030 Frequency of removal
It shall be the duty of every owner to remove or cause to be removed garbage, trash or refuse at least once per week or at more frequent times as necessary to prevent an accumulation in excess of the capacity of containers to store such material, unless such material is being used in a compost pile. (Ord. O-2002-38 § 1, 2002).

8.14.040 Disposal at approved site
All garbage, trash or refuse shall be disposed of by delivery to a state approved sanitary landfill or an approved solid waste collection and transfer facility. (Ord. O-2002-38 § 1, 2002).

8.14.050 Enforcement
The ordinance codified in this chapter may be enforced in Lakewood Municipal Court or by any other method of enforcement approved by the City Attorney. If this chapter is enforced in Municipal Court, the provisions of Sections 8.14.060, 8.14.070, 8.14.080 and 8.14.090 shall not apply. (Ord. O-2002-38 § 1, 2002; Ord. O-93-2 § 1 (part), 1993).

8.14.060 Notification of violation
A. The owner or tenant of any property which is in violation of this chapter shall be given written notice to abate the violation within seventy-two hours after service of the notice. Such notice shall be sent to the owner or tenant by first class mail, postage prepaid, together with posting the notice on the property.
B. The notice to the property owner or tenant shall direct the owner or tenant to remove the garbage, trash or refuse within seventy-two hours 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 or tenant remove the garbage, trash or refuse within seventy-two hours after service or delivery of the notice;
3. A statement that the owner's or tenant's failure to remove the garbage, trash or refuse within seventy-two (72) hours after service or delivery of the notice 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;
4. 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 dollars ($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
5. A statement that the owner or tenant may make written demand to the Code Enforcement Supervisor for an administrative abatement hearing before the Municipal Court, provided the written demand is made within seventy-two hours after service of the notice, and provided the written demand for a hearing contains the owner's current address and a telephone number where such person can be reached between the hours of 8a.m. and 5p.m., Monday through Friday. Written demand for a hearing shall be sent to the Code Enforcement Supervisor, City of Lakewood, 480 South Allison Parkway, Lakewood, Colorado 80226-3127.
6. A statement that additional fees may be assessed as set forth in Section 8.14.090. (Ord. O-2015-4 § 4, 2015; Ord. O-2003-32 § § 1, 2, 2003; Ord. O-2002-38 § 1, 2002; Ord. O-94-79 § 3 (part), 1994).

8.14.070 Abatement procedure
If the owner or tenant of property in violation of this chapter fails or refuses to remove the garbage, trash or refuse as directed within the time permitted, and has not made written demand for an administrative abatement hearing, the Code Enforcement Supervisor may then cause the garbage, trash or refuse to be removed by city employees or private contractor. (Ord. O-2015-4 § 5, 2015; Ord. O-2002-38 § 1, 2002; Ord. O-94-79 § 3 (part), 1994).

8.14.080 Administrative hearing
A. Upon receipt of a written demand by the property owner for an administrative abatement hearing, the Code Enforcement Supervisor shall notify the Municipal Court 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 Municipal Court shall hear such statements and consider such evidence as the Code Enforcement Supervisor, Code Enforcement officers, the owner or tenant of the property, or any other witness, shall offer which is relevant to the violation. The property owner or tenant and the Code Enforcement Supervisor may be represented by legal counsel at such hearing. The Municipal Court shall make written findings of fact based upon the evidence offered at the hearing regarding the violation and shall determine whether the garbage, trash or refuse shall be removed. The Municipal Court shall within three days after the hearing issue a written order stating their findings and conclusions. If the Municipal Court finds a violation exists, the order shall direct the owner or tenant of the property to remove the garbage, trash or refuse. The written order shall be mailed to the property owner or tenant by first class mail, postage prepaid.
C. If an order issued by the Municipal Court directing an owner to remove the garbage, trash or refuse has not been complied with within seventy-two hours after its issuance, the Code Enforcement Supervisor may cause the garbage, trash or refuse to be removed by the city employees or private contractor and all costs associated with such removal shall be charged to the owner or tenant of the property.
D. Any property owner or tenant who fails to comply with such an order may be charged with the costs and expenses incurred in the removal of the garbage, trash or refuse. Costs and expenses shall include costs of removal, inspection fees, postal charges, attorney 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 Municipal Court shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure 106. The city shall be considered to be a party to every proceeding before the Municipal Court.
F. A record of hearings before the Municipal Court shall be kept, whether by electronic transcription, secretarial minutes or otherwise, and such records shall be kept in the custody of the Clerk of the Municipal Court 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-2015-4 § 6, 2015; Ord. O-2002-38 § 1, 2002; Ord. O-94-79 § 3 (part), 1994).

8.14.090 Costs and expenses
A. The owner or tenant shall be liable for and pay and bear all fees, costs and expenses of the removal of the garbage, trash or refuse as set forth in Section 8.14.080(D), 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 8.14.060 shall in addition to the requirements of that section, state that if the garbage, trash or refuse is not removed within the time stated in the notice, the cost of such removal 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 garbage, trash or refuse 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 County Treasurer as set forth in subsections (D) and (E) of this section, and 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), will be assessed for administrative and other incidental costs incurred in certifying said amount to the County Treasurer. If the owner or tenant is not personally served with a copy of such notice, then a copy of such notice shall be mailed by first class mail, postage prepaid, to the owner or tenant of such property as shown upon the tax rolls of Jefferson County, Colorado, at the address of such owner as therein shown.
C. If after the expiration of the period of time provided for in the notice, or as extended by the Code Enforcement Supervisor for good cause, costs or expenses are incurred by or on behalf of the city in the removal of the garbage, trash or refuse, or in connection with such removal, and the costs are not otherwise collected, then the Code Enforcement Supervisor may thereafter certify the legal description of the property upon which such work was done, together with the name of the owner thereof as shown by the tax rolls of Jefferson County, Colorado, together with a statement of the work performed, the date of performance, and the costs thereof.
D. The Code Enforcement Supervisor 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 the 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, together with a 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 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.
E. If the Code Enforcement Supervisor does not receive payment within the period of thirty days following the mailing of such notice, the Code Enforcement Supervisor shall certify to the County Treasurer the whole cost of such work, including 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). The amount certified shall be the total amount owing for inspection costs, administrative costs, attorney fees, 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 garbage, trash or refuse was removed or eradicated. The County Treasurer shall collect the assessment in the same manner as other taxes are collected.
F. 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.
G. 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 at least two hundred sixteen dollars ($216.00).
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 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).
I. 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).
J. Notwithstanding the foregoing, any owner or tenant responsible for any garbage, trash or refuse which has been removed or abated by the city, and for which the owner or tenant have paid the city the costs of removal or abatement, shall be subject to an inspection and administrative charge of at least one hundred sixty-two dollars ($162.00) for a second violation of the chapter within twenty-four months, in addition to the costs of removal or abatement. A third violation within twenty-four months shall subject the owner or tenant to an inspection and administrative charge of at least two hundred seventy dollars ($270.00), in addition to the costs of removal or abatement.  (Ord. O-2015-4 § 7, 2015; Ord. O-2004-47 §§ 3-9, 2004; Ord. O-2003-32 §§ 3, 4, 5, 6, 7, 8, 9, 2003; Ord. O-2002-38 § 1, 2002; Ord. O-94-79 § 3 (part), 1994).