WEEDS

Colorado Springs City Code ch. 9, art. 6, pt. 3

in effect

Colorado Springs City Code § 9.6.301 PURPOSE; EXCLUSION

9.6.301: PURPOSE; EXCLUSION: The purpose of this part is to protect the public health, safety and welfare of the people of the City by eliminating and controlling, to the extent possible, the growth and proliferation of weeds within the City, which become a fire hazard, a traffic and pedestrian hazard, which clog drainageways and are designated as noxious weeds or undesirable plants. This part does not apply to land within the City in its natural state which is overgrown with native grasses and plants. "Land in its natural state" means land which has not been disturbed by digging, scraping or plowing so as to disturb the natural growth indigenous to the area. (Ord. 82-71; Ord. 96-111; Ord. 01-42)

Colorado Springs City Code § 9.6.302 DEFINITIONS

9.6.302: DEFINITIONS: OWNER: Includes the owner of record, whether person, partnership, firm, corporation, or other association of persons, any authorized agent or representative of the owner of record, and any occupant of the premises. PREMISES: A lot or portion thereof, parcel of land, building or establishment. For the purposes of any duty or obligation imposed by this part, this term includes an area extending to the centerline of any alley adjacent to a lot or portion thereof, parcel of land, building or establishment, or if no alley exists, that area including all easements of record, to and including the curb and gutter of the street on any side of the lot or portion thereof, parcel of land, building or establishment. Should there exist no adjacent private property, the premises is deemed to include the entire width of any adjacent alley. WEED: Any plant which: A. Ordinarily grows without cultivation, B. Is not grown for the purpose of landscaping or food production, and C. Will attain a large growth of not less than nine inches (9") in height or grows or accumulates so as to become a fire, traffic or pedestrian hazard when mature. (Ord. 82-71; Ord. 86-214; Ord. 96-111; Ord. 01-42)

Colorado Springs City Code § 9.6.303 FIRE HAZARDS

9.6.303: FIRE HAZARDS: A. The growth of weeds or the accumulation of cuttings, mowings or other debris, or the nonremoval of the same from premises located within the City is declared to be a fire hazard when the growth or accumulations are within fifty five feet (55') of any building or structure, and are determined to be a fire hazard by the Code Enforcement Administrator investigating the alleged violation. B. It is the duty of each owner of any premises located within the City to at all times cut and mow the weeds, or remove accumulations of cuttings, mowings or other debris, which are within fifty five feet (55') of any building or structure when determined by the Code Enforcement Administrator to be a fire hazard. (Ord. 82-71; Ord. 86-214; Ord. 90-122; Ord. 96-111; Ord. 01-42)

Colorado Springs City Code § 9.6.304 TRAFFIC AND PEDESTRIAN HAZARDS

9.6.304: TRAFFIC AND PEDESTRIAN HAZARDS: A. The growth of weeds or the accumulation of cuttings, mowings or other debris, or the nonremoval of the same from premises located within the City is declared to be a traffic and pedestrian hazard if the growth or accumulations have the effect of obstructing the sight or line of sight of any traffic control device or the safe movement of traffic or pedestrians within the City. B. The growth of weeds or the accumulation of cuttings, mowings or other debris, or nonremoval of weeds, cuttings, mowings or other debris from any property adjoining a public right of way in which the growth or accumulation extends beyond the edge of the street or street curb into the property, regardless of the presence of sidewalks, and which interferes with the movement of pedestrians is hereby declared to be a traffic and pedestrian hazard. Weeds must be cut and removed from the property to a distance at least nine feet (9') back from the edge of the street or street curb. C. It is the duty of each owner of any premises within the City to maintain landscaping at all times and to cut and mow weeds, or remove any accumulations, on the owner's property and in the space between the property line and the edge of the street or street curb in the front, rear or side of the owner's property whenever growth or accumulations constitute a traffic or pedestrian hazard. It is the duty of each owner of any premises containing weeds which interfere with the traffic or pedestrian line of sight at any intersection to cut and remove the weeds to a distance of fifty five feet (55') from the street corner and diagonally across the corner in a triangular area. In addition to the fifty five foot (55') triangle, there must be a clear line of sight from a stopped vehicle, as measured fifteen feet (15') from the curb line of the cross street, a distance of ten (10) times the posted speed limit of the oncoming traffic (e.g., 10 x 35 mph = 350 feet). (Ord. 82-71; Ord. 86-214; Ord. 96-111; Ord. 01-42; Ord. 03-123)

Colorado Springs City Code § 9.6.305 CLOGGING OF DRAINAGEWAYS

9.6.305: CLOGGING OF DRAINAGEWAYS: A. The growth of weeds or the accumulation of cuttings, mowings or other debris, or the nonremoval of the same, from premises located within the City is declared to be a nuisance whenever the growth or accumulation causes or results in the clogging of drainageways or any drainage structure which is used for the purpose of conveying stormwater drainage to safe outfall points. B. It is the duty of each owner of any premises located within the City to at all times cut and mow the weeds on the respective premises, and to remove accumulations, whenever that growth or accumulation clogs drainageways or other drainage structures which are designed to convey stormwater drainage flows to safe outfall points. (Ord. 82-71; Ord. 86-214; Ord. 01-42; Ord. 08-44)

Colorado Springs City Code § 9.6.306 FAILURE OF OWNER TO COMPLY

9.6.306: FAILURE OF OWNER TO COMPLY: In the event an owner of any premises located within the City fails to cut and destroy weeds, or to have weeds, rubbish, debris or other accumulations cut, destroyed or removed in compliance with the provisions of this part, the Code Enforcement Administrator is authorized to have the weeds, rubbish, debris or other accumulations cut, removed or destroyed, and to assess the cost of cutting, removal or destruction, plus a surcharge not to exceed twenty five percent (25%) for administrative costs, against the property in the form of a lien if the owner fails to pay within twenty (20) days of billing in accord with section 9.6.311 of this part. (Ord. 82-71; Ord. 86-214; Ord. 90-122; Ord. 96-111; Ord. 98-85; Ord. 01-42)

Colorado Springs City Code § 9.6.307 ENFORCEMENT

9.6.307: ENFORCEMENT: The Code Enforcement Administrator is authorized to enforce all provisions of this part. (Ord. 82-71; Ord. 90-122; Ord. 96-111; Ord. 01-42; Ord. 03-123)

Colorado Springs City Code § 9.6.308 NOTICE AND ORDER

9.6.308: NOTICE AND ORDER: A. The Code Enforcement Administrator shall commence proceedings pursuant to this part by issuing a notice and order to the owner or agent of the owner or occupant of any premises upon which the Administrator has reasonable cause to believe that a condition as described in section 9.6.303, 9.6.304 or 9.6.305 of this part exists. B. The notice and order shall: 1. Be in writing; 2. Be personally served whenever feasible on the owner or agent of the owner and occupant of the premises or, when the personal service is not feasible, either posted conspicuously at the premises or mailed to the person by certified mail, return receipt requested, to the owner's, the owner's agent's or the occupant's last known address; 3. Describe with reasonable particularity the condition existing on the premises which gives rise to the issuance of the notice and order; 4. Specify a reasonable period within which the condition must be abated or otherwise corrected; and 5. State that an appeal is available to the owner, agent of the owner or occupant provided a written appeal is filed within ten (10) days of service, posting or the receipt of the notice and order. (Ord. 82-71; Ord. 86-214; Ord. 90-122; Ord. 96-111; Ord. 01-42)

Colorado Springs City Code § 9.6.309 APPEAL OF NOTICE AND ORDER

9.6.309: APPEAL OF NOTICE AND ORDER: All appeals of notice and orders under this part shall be filed and heard in accord with chapter 6, article 5 of this code. (Ord. 97-131; Ord. 01-42; Ord. 04-280)

Colorado Springs City Code § 9.6.310 FAILURE TO COMPLY WITH ORDER TO ABATE

9.6.310: FAILURE TO COMPLY WITH ORDER TO ABATE: A. Noncompliance Prohibited: It is unlawful for any person to fail or refuse to comply with any order issued pursuant to this part. B. Abatement By Code Enforcement Administrator; Costs: In the event that any order issued pursuant to this part is not complied with at a reasonable time as is specified therein, the Code Enforcement Administrator, after notice to the owner, or agent of the owner and occupant, may have removed, corrected or otherwise abated through private contract the condition giving rise to the issuance of the order to abate. The procedures outlined in this part for the collection of the cost and expenses of abatement shall apply independently and in addition to the penalty provided by this Code for violation of any provision of this part. C. Inspection Fees For Repeat Offenders: 1. For purposes of this section, "repeat offender" is defined as the owner of property which has been previously cited for one or more violations of this part at two (2) or more times during any successive six (6) month period. For purposes of this section, "reinspection" is defined as any and all inspections subsequent to an inspection after issuance of the first notice and order to the owner for a violation on the subject property. 2. The Code Enforcement Administrator shall be authorized to assess an inspection fee of not less than one hundred dollars ($100.00) for each reinspection necessitated by the repeat offender's continued violation and failure to abate following issuance of a notice and order to abate. 3. In the event one or more reinspection fees are assessed and the property owner or owner's agent fails to pay the fee(s) within twenty (20) days, the Code Enforcement Administrator is authorized to file a lien against the property for fee(s) in accord with section 9.6.311 of this part. The Code Enforcement Administrator is further authorized to include in one lien assessment action any and all costs incurred by the City associated with the removal, correction or other abatement necessitated by the property owner's continued violation and failure to abate following issuance of a notice and order to abate. (Ord. 96-111; Ord. 98-85; Ord. 01-42)

Colorado Springs City Code § 9.6.311 LIEN ASSESSMENT

9.6.311: LIEN ASSESSMENT: A. Authority: When the owner or occupant of property fails to comply with an order to abate pursuant to this part and the Code Enforcement Administrator has reinspected and removed, corrected or otherwise abated the condition giving rise to the issuance of the notice and order through a private contract, the Code Enforcement Administrator is authorized to commence lien assessment proceedings against the property in accord with the provisions of this part. In addition, the Code Enforcement Administrator is further authorized to assess an administrative surcharge of twenty five percent (25%) of the cost of private abatement. B. Notice: Within ten (10) days of abatement through a private contract, the Code Enforcement Administrator shall ascertain the name and address of the property owner from the El Paso County Assessor's records and shall send the property owner a notice of lien assessment which shall contain the following information: 1. The address of the property to be assessed and the name and address of the property owner; 2. The dates of the notice and order, any reinspections and the order to abate; 3. The name of the private contractor which abated the condition giving rise to the issuance of the notice and order; 4. The total amount of the assessment, including reinspection fees, the cost of private abatement and the amount of the administrative surcharge; 5. A due date for payment of the assessment which is not less than twenty (20) days after the date of the notice of lien assessment; 6. A statement that failure to pay the assessment within the time period set forth in the notice of lien assessment will result in the imposition of a lien against the property; 7. A statement explaining the appeal procedure for the notice of lien assessment. C. Service: 1. The notice of assessment shall be mailed to the property owner via certified first class U.S. mail, return receipt requested. A return receipt signed by the property owner or an agent of the property owner shall be prima facie evidence of service on the date indicated by the owner, agent or U.S. Postal Service. 2. In the event the property owner or an agent of the property owner fails to receive service of the notice of lien assessment via certified first class U.S. mail, return receipt requested, the Code Enforcement Administrator is authorized to post the notice in a conspicuous place on the property to be assessed. D. Appeal: 1. A property owner must appeal a notice of lien assessment in writing within ten (10) days of its mailed receipt by the property owner or the owner's agent, or within ten (10) days of posting on the property to be assessed. 2. The notice of appeal must state the name and address of the property owner, the address of the property assessed, and the grounds for appeal. 3. The appeal of a notice of lien assessment shall be heard by the Municipal Court Referee, in accord with the procedures outlined in the City's Zoning Code. 4. The Municipal Court Referee may, after hearing the property owner's objections, make any modification or change to the assessment as may seem equitable and just, or may confirm the assessment. The Municipal Court Referee shall not modify or change the amount of the reinspection fee or the administrative surcharge. E. Levy Of Assessment: If not appealed, the total assessment will then be levied, assessed and charged against the property upon which abatement action was taken not less than ten (10) days after the property owner's or agent's mailed receipt of the notice of lien assessment or posting on the property to be assessed. If appealed, the Municipal Court Referee's determination of the total assessment shall then be levied, assessed and charged against the property upon which abatement action was taken not less than ten (10) days after the date of the Municipal Court Referee's determination. In either event, the assessment shall become a perpetual lien against the property, superior and prior to all other liens and encumbrances excepting liens for general and special taxes. The Code Enforcement Administrator shall notify the Chief Financial Officer who shall certify any lien assessment to the El Paso County Treasurer who shall collect the lien assessment in the same manner as ad valorem taxes are collected. (Ord. 98-85; Ord. 01-42; Ord. 03-17; Ord. 04-280; Ord. 11-19)

Colorado Springs City Code § 9.6.312 ABATEMENT; EMERGENCY ORDER

9.6.312: ABATEMENT; EMERGENCY ORDER: A. Whenever the Code Enforcement Administrator deems that an emergency exists which requires immediate action to protect the public health, safety and welfare, the Administrator may, without prior notice or hearing, issue an order stating that the emergency exists and requiring that emergency abatement action be taken as deemed necessary to meet the emergency. Notwithstanding any provision of this part to the contrary, the order shall be effective immediately. B. Any person to whom the emergency order is issued shall comply immediately, and it is unlawful to fail or refuse to comply. C. In the event that the person to whom the emergency order is issued fails or refuses to immediately comply, the Code Enforcement Administrator may, without prior notice to the owner, occupant or agent of the owner, have removed, corrected or otherwise abated the condition giving rise to the issuance of the emergency abatement order. (Ord. 82-71; Ord. 90-122; Ord. 96-111; Ord. 01-42)

Colorado Springs City Code § 9.6.313 ADDITIONAL REMEDIES

9.6.313: ADDITIONAL REMEDIES: The remedies provided in this article are cumulative and in addition to any other remedies available to the Code Enforcement Administrator. This part shall not be construed to preclude the Code Enforcement Administrator from seeking other remedies in addition to, or in lieu of, the remedies granted. (Ord. 82-71; Ord. 90-122; Ord. 01-42)

Colorado Springs City Code § 9.6.314 UNDESIRABLE PLANT MANAGEMENT

9.6.314: UNDESIRABLE PLANT MANAGEMENT: A. Title; Authority: This section is known as the CITY OF COLORADO SPRINGS UNDESIRABLE PLANT MANAGEMENT ORDINANCE. This section is established in accord with title 35, article 5.5, Colorado Revised Statutes. B. Advisory Commission: The City Council shall act as the City of Colorado Springs Undesirable Plant Management Advisory Commission. The Advisory Commission shall have the powers and duties set forth in Colorado Revised Statutes section 35-5.5-107. C. Undesirable Plants Declared: In accord with Colorado Revised Statutes section 35-5.5-108, the following plants are declared to be undesirable plants subject to this article: 1. Leafy spurge (Euphorbia esula). 2. Diffuse knapweed (Centaurea diffusa). 3. Russian knapweed (Centaurea repens). 4. Spotted knapweed (Centaurea maculosa). 5. Canada thistle (Cirsium arvense). D. Control Of Undesirable Plants: 1. Undesirable plants located within the City limits shall be controlled. "Control" means preventing an undesirable plant from forming viable seeds or vegetative propagules. 2. Enforcement of this section is the duty of the City's Code Enforcement Administrator. As the City's enforcement delegate, the Code Enforcement Administrator has the inspection and abatement authority set forth in Colorado Revised Statutes sections 35-5.5-109 (1), (2), (3), (6), and 35-5.5-110 (3). 3. The Code Enforcement Administrator shall determine suitable methods of biological, chemical, and integrated management methods, as defined by Colorado Revised Statutes section 35-5.5-103, for the control of undesirable plants. These methods shall be reduced to writing and, upon approval by the City Council, shall be applied to private and public property in the City as may be necessary for the control of undesirable plants. E. Arbitration Panel: In the event a landowner or occupant requests an arbitration panel as provided by Colorado Revised Statutes section 35-5.5-109 (4) or 35-5.5-110 (2), the City Council shall appoint panel members as provided by State law. All panel members shall be compensated at a rate not to exceed six dollars ($6.00) per hour, which cost shall be paid by the landowner or occupant requesting the arbitration panel. F. Enforcement Procedure: In the event a landowner or occupant fails to comply with the notice to control identified undesirable plants or the management plan developed by the arbitration panel, the City's Code Enforcement Administrator is authorized to compel the control of the undesirable plants at the time, upon the notice, and in the manner as the City Council shall prescribe by resolution; and, upon successfully achieving the level of control called for in the notice to control or the management plan developed by the arbitration panel, to assess the whole cost thereof, including fifteen percent (15%) of the total control costs to cover inspection and other incidental costs in connection with the control, upon the tract of land where the undesirable plants are located. As provided in Colorado Revised Statutes section 35-5.5-109 (5)(a), this assessment shall be deemed a lien and collected provided by State law. In the event the undesirable weeds are located on public lands, the City's Code Enforcement Administrator shall proceed on the City's behalf as provided by Colorado Revised Statutes section 35-5.5-110. G. Control On City Property: It is the duty and responsibility of the Code Enforcement Administrator to control all undesirable plants located upon City owned property and upon City controlled rights of way. The Mayor shall coordinate control efforts on City owned or controlled property and shall determine by written administrative directive departmental support and the cost of compliance with this subsection. H. Public Nuisance: Those undesirable plants identified in subsection C of this section, the person's carriers, and any and all premises, plants, and things infested are declared to be a public nuisance and, notwithstanding subsections A through G of this section, the City Council may by resolution or ordinance take action, including removal and destruction of the nuisance, as it in its discretion deems necessary to protect the public health, safety or welfare, all as provided by Colorado Revised Statutes section 35-5.5-113. (Ord. 92-33; Ord. 96-111; Ord. 01-42; Ord. 11-19)

Colorado Springs City Code § 9.6.315 ADDITIONAL PROVISIONS

9.6.315: ADDITIONAL PROVISIONS: In the enforcement of this part, the Administrator shall have the right to enter property for the purpose of inspecting, abating, removing or preventing violations of this part in accord with the provisions of section 9.6.505 of this article. The Administrator shall also have the authority to enter into agreements with violators for the abatement of Code violations in accord with section 9.6.507 of this article. (Ord. 03-123)

Source: City of Colorado Springs, Colorado, City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/coloradospringsco/latest/coloradosprings_co/0-0-0-16502Fetched: 11/1/2026