This chapter is known and may be cited as the “Broomfield Weed and Rubbish Ordinance.” (Ord. 931 §1, 1992)

It is the intent of the city to require the removal of weeds, brush, and rubbish of all kinds from lots and tracts of land within the city as authorized and permitted by section 31-15-401(1)(d), C.R.S. (Ord. 931 §1, 1992)

When not clearly otherwise indicated by the context, the following words and phrases used in this chapter have the following meanings:

(A) Building material includes, but shall not be limited to, lumber, bricks, concrete or cinderblocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, sand, gravel, dirt, rocks, nails, screws, or any other materials used or the debris from such materials that have been used in construction or in modifying any building or structure on any real property, or used to enhance or create landscaping improvements to any real property.

(B) Noxious weeds means any weed species included on the state Noxious Weed List as maintained by the Colorado Department of Agriculture such as Canada thistle, diffuse knapweed, field bindweed and other weeds contained on said list.

(C) Property owner means any occupant or person in possession of the property.

(D) Rubbish means and includes all waste and litter, whether combustible or noncombustible, trash, garbage, refuse of any kind, including but not limited to ashes, cans, paper, wrappings, cigarettes, cardboard, branches, wood, waste building materials, glass, crockery, abandoned household furnishings, carcasses, or dead animals and other like materials. Rubbish also includes dilapidated, damaged or unusable merchandise including but not limited to parts of machinery or motor vehicles that can no longer be used for their intended purposes, large appliances not in use, remnants of wood, metal, plastic or any other material or cast off material of any kind, whether or not same could be put to some reasonable use, and/or any item of merchandise that is so dilapidated or deteriorated that it cannot be reasonably used for its intended purpose.

(E) Weeds means any vegetation, including woody shrubs, not part of a planned and maintained landscape or city open land. (Ord. 931 §1, 1992; Ord. 1711 §1, 2003; Ord. 1795 §1, 2005)

(A) Unlawful growth.

(1) Weeds. It is unlawful for a property owner or lessee to permit weeds to grow to a height exceeding twelve (12) inches. For the purposes of this chapter, property owner shall include any occupant or person in possession of the property.

(a) Exceptions. The provisions of subparagraph (A)(1) herein shall not apply to:

(i) Flower gardens, vegetable gardens, cultivated or tended shrubbery, and ornamental or native grasses not used as a turf grass;

(ii) Any property larger than twenty (20) acres with an approved PUD, but no approved site development plan;

(iii) Any property larger than one (1) acre in a RR or any A-1 zoning district;

(iv) City-owned open lands as defined in the Broomfield Master Plan and including city-owned open lands as approved on a final plat or site development plan, or as acquired or leased by the city for open land;

(v) Any property subject to a recorded conservation easement or officially designated as an environmentally sensitive area or a jurisdictional wetlands;

(vi) Golf course lands with planned growth of vegetation for buffer or rough;

(vii) Property capable of use for the grazing of livestock, if such property is completely enclosed by a fence; or

(viii) Property used or managed for the growing of crops for commercial purposes or for consumption.

(2) Noxious weeds. Notwithstanding any other provisions in this section, it is unlawful for any property owner or lessee to fail to comply with state statutory and regulatory requirements regarding noxious weeds.

(B) Unlawful accumulation.

(1) In any area zoned for residential use, the outside accumulation of rubbish upon or around any residential lot, including porches or landings of such buildings, is unlawful. In areas zoned for multifamily use, the common areas parking areas and streets must also be kept clear of rubbish, except for common trash enclosure areas.

(2) In areas zoned for commercial and industrial use, the proprietor, landlord, or management agency shall be responsible for seeing to it that the premises of a commercial center, commercial establishment, or complex, including the parking lot and specifically including that part of any street right-of-way adjoining the premises and outside the curb line are kept free of rubbish. The proprietor, landlord, or management agency shall see to it that the premises are cleaned of such rubbish at least each day and take all reasonable steps to provide containers for rubbish and to order his or her employees and tenants to use them.

(C) Unlawful outside storage. In any area zoned for residential use, it is unlawful to store outside, uncovered, upon any real property building materials, unless there is in force a valid building permit issued by the city for construction of a new, or modification of an existing, structure upon said real property and said materials are intended for use in connection with such construction or modification. Building materials may be stored inside an enclosed building on the real property, or may be stacked and covered in the rear of any residentially zoned real property, whether or not a building permit is in force.(Ord. 931 §1, 1992; Ord. 1795 §2, 2005)

(A) Any person who violates this article will be served a written notice of violation. Service of the notice may be by first class mail properly addressed to the dwelling or building located on the lot or tract of land in violation of this chapter; by a conspicuous posting of the written notice of violation upon the dwelling or building located on the lot or tract of land in violation of this chapter; or by personal service upon a natural person over the age of eighteen years who occupies a dwelling or building on a lot or tract of land in violation of this chapter. A true copy of the notice of violation will be sent by first class mail to the owner of record, as shown on the records of the county, of the lot or tract of land in violation of this chapter.

(B) If a notice of violation cannot be served in any manner specified above, the notice of violation will be sent by first class mail to the owner of record of such lot or tract of land as shown on the records of the county.

(C) The notice will state that the weeds, rubbish, or unlawful outside storage must be removed within seven days from the date of the notice and, if not removed by the owner or occupant, the city will remove the weeds, rubbish, or unlawful outside storage and assess the whole cost thereof, including $25.00 for inspection and incidental costs, upon the lots or tracts of land from which weeds, rubbish, or unlawful outside storage are removed, except that if a second or subsequent notice for a violation of section 8-08-040 is served within an eighteen-month period, the compliance period shall be reduced from seven days to three days.

(D) The assessment is a lien against each lot or tract of land until paid and has a priority over all other liens, except general taxes and prior special assessments. The lien may be foreclosed upon by the city at any time in the same manner as provided by the laws of the state for the foreclosure of mechanic's liens. The lien foreclosure is subject to all rights or redemption granted by article 39 of title 38, C.R.S. (Ord. 931 §1, 1992; Ord. 1319 §1, 1998; Ord. 1795 §3, 2005)

(A) If the weeds or rubbish are not removed by the owner or the occupant within the time period specified in the notice, the city is authorized to enter upon the lot or tract of land and remove the weeds or rubbish and assess the whole cost thereof, including $25.00 for inspection and incidental costs, upon the lots or tracts of land from which the weeds, brush, or rubbish is removed.

(B) The city will send a statement of costs by first class mail to the owner of record. The amount of the costs in the statement is due and payable by the owner of record to the city within thirty days from the date of the statement. If the amount is not paid by the date due, interest on any unpaid balance due to the city shall accrue at the legal rate specified in section 5-12-101, C.R.S.

(C) The city clerk is authorized to record a statement of lien with the clerk and recorder for the county in which the lot or tract of land is located if the assessment is not paid by the owner within thirty days from the date of the statement. (Ord. 931 §1, 1992; Ord. 1319 §2, 1998)

A failure by the owner of record to pay the statement of costs constitutes a debt due and owing the city. The city has the right to recover the amount of the assessment as provided by law in any court of competent jurisdiction. (Ord. 931 §1, 1992)

If the owner of record fails to pay the amount specified in the statement of costs, the city clerk may certify the amount due and owing to the county treasurer for collection of the assessment. The county treasurer shall collect the assessment, together with a ten-percent penalty for the cost of collection, in the same manner as other taxes are collected. (Ord. 931 §1, 1992; Ord. 1196 §18, 1996; Ord. 1568 §17, 2001)

The city council may exempt by resolution certain publicly or privately owned lots and tracts of land from enforcement under this chapter, provided that the city council finds and determines that such lots or tracts of land are natural open space, a natural park, a conservation area, an erosion control area, or an irrigation ditch right-of-way or easement. (Ord. 931 §1, 1992)