Sec. 118-28. Operation and maintenance fees for local improvements.
(a)
(1) the city shall have the power to assess fees for the purpose of defraying all costs associated with the operation and maintenance of local improvements constructed, installed, or acquired through means of a special improvement district. Such fees shall be assessed against each property specially benefited by the improvement or improvements so constructed, installed, or acquired.
(2) With regard to sound wall, wall, or fence improvements only, the term "maintenance" may include, but not be limited to, the removal of snow from any sidewalk adjacent thereto. Snow removal shall be included within the definition of "maintenance" unless the owners of property within an existing or proposed district:
a. Demonstrate to the satisfaction of the city the necessary legal and financial ability to provide such service; and
b. Enter into an agreement with the City to provide such service, which agreement shall be subject to the approval of the city council.
(b) Such fees shall be established by the director of public works in accordance with the provisions of section 2-587 of this Code. The city clerk is authorized to certify annually to the treasurer of the proper county the legal description of the property and the amount of fees assessable thereto. Upon receipt of said certification, the county treasurer shall proceed to collect such fees in the same manner as special improvement district assessments.
(c) Any fees that are not paid when due are hereby declared to be delinquent and shall thereafter draw interest at the rate established pursuant to C.R.S. § 5-12-106(2), as amended. In addition, the city shall impose a penalty equal to ten percent of the amount of all delinquent fees, as well as all reasonable costs of collection.
(d) All fees promulgated pursuant to this section, together with all interest thereon, penalties for default in payment thereof, and all costs in collecting the same, shall constitute, from the date of assessment, a perpetual lien in the several amounts assessed against each property. Such lien shall have the same priority as the City's lien for special improvement district assessments, and shall be superior to all other liens, or claims against such property of whatever kind or nature regardless of date, except any lien for general property taxes. (Ord. No. 2001-29, § 1, 7-9-2001; Ord. No. 2000-137, § 2, 12-18-2000)