ORDINANCE NO. 236.

AN ORDINANCE CONCERNING THE CUTTING OF WEEDS AND BRUSH AND THE REMOVAL OF WEEDS, BRUSH AND RUBBISH.

Be it Ordained by the City Council of the City of Grand Junction, Colorado:

Section 1. It shall be the duty of each and every person, corporation, or association, owning any lots, tracts or parcels of land within the city of Grand Junction, Colorado, to once each year cut to the ground all weeds and brush and to remove the same, together with all rubbish of all kinds from his, its or their lots, tracts or parcels of land, and also to cut closely all weeds and brush and remove the same, together with all rubbish of all kinds, from the alleys abutting behind the middle thereof, and from the sidewalk areas, including the parking, abutting in front of all said lots, tracts or parcels of land within said city of Grand Junction.

Sec. 2. It shall be the duty of such person, corporation or association owning such lots, tracts or parcels of land to cut such weeds and brush and to remove the same, together with the rubbish herein mentioned, between the 15th day of July and the 1st day of August of each and every year; all such weeds and brush shall immediately upon cutting by the owner or owners of such lots, be removed with the rubbish to the city dumping ground, or burned or otherwise entirely destroued.

Sec. 3. The term "weed" used in this ordinance is hereby construed to be an unsightly, useless, troublesome, or injurious herbaceous plant, and such plant as is out of place at the location where growing, and which includes all rank vegetable growth which exhales unpleasant or noxious odors, and also high and rank vegetable growth that may conceal filthy deposits.

The term "brush" used in this ordinance is hereby construed to be a volunteer growth of bushes and such as is growing out of place in the location where growing, and shall include all cuttings from trees and bushes, also high and rank vegetable growth which may conceal filthy deposits.

Sec. 4. The City Clerk shall publish annually for six days a notice in two daily papers having the largest circulation, published in the city, at the proper time, notifying all owners of property, without naming them, that it is their duty to cut the weeds and brush and to remove the same, together with the rubbish, from their property and from the streets and alleys as in this ordinance provided within the time provided in this ordinance; that in default of such cutting and removal the work would be done under orders of the City Council and the cost thereof, together with the penalties provided in this ordinance, would be charged to the respective lots, tracts or parcels of land.

Sec. 5. In case of failure of any owner or owners of such lots, tracts or parcels of land to cut and remove the weeds, brush and rubbish as set forth in this ordinance within the time and in the manner provided herein and by said notice, the Commissioner of Highways shall forth with report to the Council the name of such delinquent owner, if known, together with all the other information in his possession bearing upon the matter; thereupon the City Council shall consider the matter and may order such Commissioner of Highways to cut and remove from such lots, alleys and sidewalk areas all of such weeds, brush and rubbish. The Commissioner of Highways shall then proceed at once to have the work done accordingly.

Sec. 6. Upon the completion of the work contemplated by the last preceding section, the Commissioner of Highways shall report in writing to the City Council, which report shall make a clear statement of the work done by him or under his supervision and the expense incurred in so doing, so that the Council may determine the cost of such work. Such report shall show the cost for each lot or parcel of land. After considering the report, the City Council shall proceed to determine and assess the amount properly chargeable against such delinquent owner and against his lot, parcel or other tract of land on account of the cutting and removal of such weeds, brush and rubbish, to which assessment shall be added five per centum thereof for the costs of inspection and other incidental costs.

Sec. 7. The Clerk of the City, as soon as may be after such assessment is made, shall send by mail, addressed to the owner of such lots or tract of land, at the reputed post office address of such owner, a notice of such assessment, which notice shall contain a description of the lots or parcels of land, the name of the owner or owners, and the amount of the assessment.

Sec. 8. It shall be the duty of the owner or owners to pay such assessment within twenty days after the mailing of such notice, and in case of his, its or their failure so to do, he, it or they shall be liable personally for the amount of the assessment, and the same shall be a lien upon the respective lots or parcels of land from the time of such assessment. In case the owner shall fail to pay such assessment within twenty days after notice has been mailed to him, it or them, as provided by this ordinance, then it shall be the duty of the city clerk to certify the amount of the assessment to the County Treasurer of Mesa County, or other officer of said county having custody of the tax list, at the time of such certification, to be by him placed upon the tax list for the current year and to be collected in the same manner as other taxes are collected, with ten per cent penalty thereon to defray the cost of collection, and all of the laws of the State of Colorado for the assessment and collection of general taxes, including the laws for the sale of property for taxes and the redemption thereof, shall apply to and have full effect for the collection of all such assessments.

Sec. 9. Any person who shall violate any of the provisions of Sections 1 and 2, upon conviction thereof, shall be fined in a sum not less than five dollars nor more than one hundred dollars.

Passed and adopted this 18th day of May, A. D. 1915.

/s/ Chas. E. Cherrington

Mayor.

Attest:

/s/ Charles K. Holmburg

City Clerk.

I HEREBY CERTIFY, that the foregoing ordinance, entitled "An Ordinance Concerning the Cutting of Weeds and Brush and the Removal of Weeds, Brush and Rubbish," was introduced and read at a regular meeting of the City Council of the City of Grand Junction, held on the 4th day of May, A. D. 1915, and that the same was published in full in The Daily Sentinel, a daily newspaper published and in general circulation in said city, at least ten days before its passage.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said city, this 18th day of May, A. D. 1915.

(SEAL.)

/s/ Charles K. Holmburg

City Clerk.

Final publication, May 19, 1915.