§ 9.28.090. 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 or her 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 9.28.060 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 costs of such removal or eradication, together with an additional fee of seventy-five dollars ($75.00) 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 seventy-five dollar ($75.00) fee for inspection and incidental costs is not paid to the City within thirty (30) days, the amount owed will be certified to the County Treasurer as set forth in Subsections (d) and (e), and an additional seventy-five dollars ($75.00) 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 by registered or certified mail, return receipt requested, to the owner of such property as shown upon the tax rolls of Otero 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 Director of Public Safety for good cause, costs or expenses are incurred by or on behalf of the City in the removal or eradication of graffiti, or in connection with such removal or eradication, and the costs are not otherwise collected, then the City Manager may thereafter certify to the City Clerk 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 Otero County, Colorado, together with a statement of the work performed, the date of performance and the costs thereof.

(d)

Upon receipt of such a statement from the City Manager, the City Clerk shall mail a notice to the owner of the premises as shown by the tax rolls, at the address shown upon the tax rolls, by registered or certified mail 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, together with a fee of seventy-five dollars ($75.00) 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 in the amount set forth in Subsection (b) of this Section, together with an additional fee of seventy-five dollars ($75.00) 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 City Clerk does not receive payment within the period of thirty (30) days following the mailing of such notice, the City Clerk shall certify to the County Treasurer the whole cost of such work, including a charge of seventy-five dollars ($75.00), 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) 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.

(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.

(Ord. 1384 §§1—4, 2004; Ord. 1060 §9, 1992)