Sec. 49-551.1. - Maintenance of improvements in public right-of-way.
(a) It shall be the duty of the owner, occupant or lessee of any real property abutting a constructed right-of-way to provide for the continuing care, maintenance, repair and replacement of all improvements installed in any right-of-way area between their property line and the curb line adjoining their property. The area shall be maintained in accordance with rules and regulations adopted by the manager of transportation and infrastructure. It shall also be the duty of the owner, occupant or lessee to obtain a permit for such improvements where required by sections 49-356 through 49-359, permit, of the Revised Municipal code of the City and County of Denver. No such improvements installed prior to the enactment of the ordinance from which this section was derived shall be excluded from these requirements.
(b) If such owner, occupant or lessee does not provide for the continuing care, maintenance, repair and replacement of all such improvements installed or does not obtain the required permit, the manager of transportation and infrastructure or his authorized representative may cause a written notice to be issued in compliance with subsection (f) hereof to the owner, occupant or lessee indicating the existence of a violation of subsection (a) hereof and directing that there be compliance. Such notice shall provide that compliance must be made within fifteen (15) days of such notice. Such notice shall also indicate that failure to comply with the notice may result in criminal prosecution, and the work required to be done may be done by the city at the expense of the party to whom the notice was issued.
(c) Failure to comply with a notice issued pursuant to subsection (b) hereof within the specified time shall constitute a violation of this section and is therefore unlawful, and each day thereafter that the property continues to fail to comply can constitute a separate violation.
(d) If the person or entity to whom the notice is directed fails to comply within the specified time, the manager of transportation and infrastructure or his authorized representative may, in his discretion, order the work to be done by or on behalf of the city, and the procedures outlined in subsection (e) hereof for collection of the costs and expenses thereof shall apply in addition to the penalties provided in the Revised Municipal Code.
(e) When the work has been ordered to be done by the city pursuant to subsection (d) hereof, the manager of transportation and infrastructure or his authorized representative shall bill any or all owners, occupants or lessees of such property for the costs and expenses as determined by the manager of transportation and infrastructure or his authorized representative. If such owner, occupant or lessee shall fail within thirty (30) days after billing to pay the costs and expenses, a lien may be assessed against the property. The manager of transportation and infrastructure, to initiate such lien, shall certify a statement thereof to the manager of finance, who shall record a notice of such lien with the clerk and recorder. The manager of finance shall assess and charge the same against the property involved, and collect the same due, plus interest thereon, in the manner as are delinquent real property taxes. If the lien remains unsatisfied, the manager of finance shall sell the property involved in the manner prescribed for sales of property for delinquent property taxes. The lien created hereby shall be superior and prior to all other liens, regardless of their dates of recordation, except liens for general taxes and special assessments. In addition to the remedies set forth herein, an action or other process provided by law may be maintained by the city to recover or collect any amounts, including interest, owing under this provision.
(f) Service of the notice provided for in subsection (b) hereof shall be made either by serving such notice, in person, on the person or entity named in the notice, or by sending such notice by first class mail to the residence or place of business of the person or entity named in the notice (service deemed complete upon delivery), or by posting such notice on a conspicuous place on such property (service deemed complete as of the moment of posting).
(g) For purposes of this section 49-551.1, the term "improvements" does not include "sidewalk" as that term is defined in subsection 49-145(e)(7), D.R.M.C.
(Ord. No. 963-93, § 1, 11-22-93; Ord. No. 464-98, § 7, 7-6-98; Ord. No. 775-07, § 83, 12-26-07; Ord. No. 39-20, § 176, 2-3-20; Ord. No. 1076-24, § 3, 9-16-24)
