HomeMy WebLinkAbout04/30/2015 - Building Review Board - Agenda - Regular MeetingCommunity Development & Neighborhood Services
281 N. College Avenue
PO Box 580
Fort Collins, CO 80522
970.416.2740
970.224.6134 - fax
fcgov.com
BUILDING REVIEW BOARD
April 30, 2015
1:00 pm – 3:00 pm
Council Chambers
300 Laporte Ave
AGENDA
1. Approve minutes from the February 26, 2015 Meeting
2. Contractor Hearing: Fred Cooke, d/b/a Insignia Homes, LTD, Case # 2015-01
3. Follow-Up Reports:
Council Liaison – Do They Regularly Receive Board Minutes?
Case Follow-Up - None
4. Other Business
a. Conflict of Interest Policy
b. 2015 I-Codes Update
c. Board Function and Roles – As Time Allows
FORT COLLINS BUILDING REVIEW BOARD
Regular Meeting – February 26, 2015
1:00 p.m.
Council Liaison: Karen Weitkunat Staff Liaison: Mike Gebo (416-2618)
Chairperson: George Smith
A regular meeting of the Building Review Board was held on Thursday, February 26, 2015 at
1:00 p.m. in the Council Chambers of the Fort Collins Municipal Building at 300 Laporte Avenue,
Fort Collins, Colorado.
BOARD MEMBERS PRESENT:
George Smith, Chair
Torey Lenoch, Vice Chair
Rick Reider
Andrea Dunlap
Justin Montgomery
Mike Doddridge
Tim Johnson
STAFF MEMBERS PRESENT:
Melanie Clark, Staff Support to the Board
Mike Gebo, Chief Building Official
ROLL CALL
The meeting was called to order and roll call was taken.
1. INTRODUCTIONS AND WELCOME TO NEW BOARD MEMBER TIM JOHNSON
Gebo welcomed Tim Johnson to the Board and staff and Boardmembers introduced
themselves.
2. APPROVAL OF JANUARY 29, 2015 MINUTES:
Gebo noted Paul Eckman’s name should be removed from the list of staff members present.
Lenoch made a motion, seconded by Doddridge, to approve the minutes of the January
29, 2015 meeting as amended.
Vote:
Yeas: Dunlap, Smith, Montgomery, Reider, Doddridge, Lenoch, Johnson
Nays: None
Abstain: None
3. OLD TOWN NEIGHBORHOODS PLAN
Pete Wray, Senior City Planner, stated this Plan is an update to the Eastside and Westside
Neighborhood Plans. He discussed the boundaries of the neighborhoods and the various
zoning districts that make up the neighborhoods. Additionally, Wray noted Mulberry and North
Shields will be examined specifically in terms of bicycle, pedestrian and transit levels of service
as well as with regard to safety and vehicular movement.
BRB – February 26, 2015 - Page 2
Ryan Mounce, City Planner, stated the entire planning process will take slightly longer than a
year and stated the first public events will occur in the next couple weeks. Additionally, he
stated staff is anticipating Council will consider adoption of the Plan in March or April of 2016.
Mounce noted stakeholder groups will include residents, developers, realtors and others. He
went on to discuss an intercept plan wherein staff will be stationed at various locations to gather
opinions from passersby.
Wray stated voluntary design guidelines will be developed for both neighborhoods with details
being brought forth during the second half of the process. Additionally, he detailed the
recommendations supported by Council which include: expansion of the notification area for
variance requests, revision of the floor area ratio standards, revision of how building height
along the side lot line is measured, new solar access standards and new building façade design
standards.
Dunlap asked if there is any consideration for carriage houses in the transition zone districts.
Wray replied all possibilities are on the table and levels of support for changes have yet to be
determined.
Lenoch asked if the Affordable Housing Board will be involved in the stakeholder groups. Wray
replied the stakeholder groups provide one strategy for gaining input. Additionally, staff plans to
go before Boards and Commissions, including the Affordable Housing Board, as well as the
Chamber of Commerce and other groups, with regular updates. Mounce stated staff plans to
get a diverse group involved in the process.
Doddridge asked if there is any data regarding floor area ratio measurements since the
implementation of the guidelines in 2012. Wray replied that data will be updated as part of this
process.
Smith commended the intercept idea.
4. FOLLOW-UP REPORTS
None.
5. OTHER BUSINESS
Gebo noted Melissa Hovey will be presenting additional information on migrant dust at a future
point. Additionally, he asked when the Board would like to have a discussion regarding the
roles and legal functions of the Board. Doddridge and Smith suggested the discussion should
occur during a regularly scheduled meeting. Gebo stated he will plan the discussion for next
month’s meeting.
Gebo discussed the 2015 Code Review Committee and stated any Boardmembers could
participate; however, he stated the committee should be limited to 14 or 16 participants.
Doddridge asked about the role of the Council liaison. Gebo replied he would like the Board
and liaison to work together to meet mutual needs. Additionally, he stated he would determine
whether or not the liaison receives the Board minutes on a regular basis.
The meeting adjourned at 1:57 p.m.
BRB – February 26, 2015 - Page 3
_____
Mike Gebo, Chief Building Official George Smith, Chair
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
HEARING FOR ALLEGED
CONTRACTOR LICENSE VIOLATIONS
Building Review Board
April 30, 2015
CASE NUMBER: 2015-01
CONTRACTOR: Mr. Fred Cooke
Insignia Homes/Lorax Construction
310 East 5
th
Street
Loveland, Colorado 80537
PROPERTY IN VIOLATION: 6902 Nimitz Drive Building B
Fort Collins, Colorado 80526
DESCRIPTION OF VIOLATION:
Mr. Cooke dba Lorax Construction as the general contractor of record for the above referenced
address is the responsible party for obtaining all final City approvals before allowing occupancy
of any building under your control. Records indicate that this address has been occupied since
November of 2014. As of this date the City has not issued either a Temporary Certificate of
Occupancy (TCO) or a full Certificate of Occupancy (CO).
Occupancy without a TCO or CO constitutes a violation of the 2012 International Residential
Code Section R110.1 as adopted by the City.
“R110.1 Use and occupancy. No building or structure shall be used or occupied, and no change
in the existing occupancy classification of a building or structure or portion thereof shall be
made until the building official has issued a certificate of occupancy therefor as provided
herein.”
DUTIES OF THE BUILDING REVIEW BOARD:
The Building Review Board shall have the duties and perform the functions as set forth in § 2-
119 of the Code, which duties and functions include, without limitation, hearing all matters
related to the suspension or revocation of any supervisor certificate or license
The Board shall have the power to suspend or revoke (or take other disciplinary action on) any
license or certificate when the Board determines that a holder thereof has committed any of the
following:
BRB Case 2015-01
Cooke/Insignia/Lorax
4/30/15
- 2 -
(1) Knowing or deliberate disregard of the building code or any other code adopted by the City
related to a specific construction project under the responsibility of the supervisor or
license holder;
(2) Failure to comply with any provision of the code related to a specific construction project
under the responsibility of the supervisor certificate holder or license holder;
BACKGROUND:
There are two addresses that will be discussed:
6826 Nimitz Drive Building B
Permit B1207101 issued to Lorax Construction on 7/11/2013, 4-plex multi-family.
Final building inspections completed on 12/17/2013 for units B102 and B103
All final inspections completed 1/21/2014.
CO issued on 3/28/2014, no TCO issued prior to CO.
Recognizing that Mr. Cooke may have believed that completing final building inspections for
units 102 and 103 authorized occupancy, staff met with Mr. Cooke and explained that occupancy
prior to the issuance of a CO or at least a TCO is a violation of the adopted codes and that he as
the contractor record for the project is solely responsible for violations. Mr. Cooke indicated his
understanding and would not allow occupancy without the required final City approval. There
seemed to be an understanding with Mr. Cooke of the verbal discussion regarding occupancy
prior to CO and therefore no written document was generated.
6902 Nimitz Drive Building B
Permit B1305447 issued to Lorax Construction on 2/18/2014, 4-plex multi-family
Final building inspections completed on 9/25/2014 for unit B103
Final building inspections performed/failed on 9/25/2014 for unit B101
Final building inspections completed on 10/30/2014 for unit B102
Final building inspections completed on 3/25/2015 for unit B104
No TCO or CO issued as of 4/21/2015 as there are City departments that have not yet
released the project
City employees from various departments, while in the performance of their duties, were onsite
on or about 3/25/2015 and were able to confirm that 6902 Nimitz Drive units 101B, 102B, and
103B were all occupied. The owner of 101B confirmed that they did begin occupying in
November 2014 and that the other units were also occupied in that timeframe.
STAFF RECOMMENDATION:
Mr. Cooke’s license has been suspended since April 14, 2015 and affects only new submittals
from that date forward.
The issuance of the final CO is the standard process that is used by the City to verify and assure
that all requirements from many City departments such as, zoning, engineering, planning, and
utilities, to name a few, have been met. Allowing occupancy prior to the CO is a mechanism to
bypass City requirements, even if only temporarily, and places the buyer/owner in a legal
BRB Case 2015-01
Cooke/Insignia/Lorax
4/30/15
- 3 -
quandary should a question arise. This very issue was discussed with Mr. Cooke back in
2013/2014 and it was understood that no further violations would occur.
Staff’s recommendation is that Mr. Cooke’s general contractor’s license and certificate holder’s
license be suspended for a period of time as decided by the Board.
If the Board rules that a suspension is appropriate, the Board should determine if the suspension
is applicable to all projects under Mr. Cooke’s oversight.
The Board should further determine if the suspension is applicable to any company listing Mr.
Cooke as the license holder or certificate holder. Mr. Cooke has changed his company’s name
from Caribou Construction Inc. to Lorax Construction Inc. to Insignia Homes LTD; however he
remains the contractor of record under two company names.
ATTACHMENTS:
1. Larimer County Assessor’s records indicating change of ownership for 6826 Nimitz
Drive units B102 on 12/24/2013 and B103 on 12/19/2013.
2. Larimer County Assessor’s records indicating change of ownership for 6902 Nimitz
Drive units B101 on 11/19/2014, B102 on 11/4/2014, and B103 on 9/29/2014.
2A Outstanding tasks prior to release of TCO or CO for 6902 Nimitz Drive. Note:
Engineering hold CO until items for 6826 Nimitz Drive satisfied.
3. Staff comments indicating knowledge of occupancy; Tom Lynady from the City Light
and Power, Dan Mogen from Water Utilities, and Fred Ward City building inspector
4. City’s permit records showing Mr. Cooke’s company name changes.
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
Contractor Violation
Building Review Board Notice
April 21, 2015
Mr. Fred Cooke
Insignia Homes/Lorax Construction
310 East 5
th
Street
Loveland, Colorado 80537
Ref. Building Review Board
Contractor’s license review
Case 2015-01
Mr. Cooke,
This letter and all attachments are to inform you that the City’s Building Review Board is
scheduled to hear the City’s case alleging that you have violated building codes and the
Municipal Code.
The hearing is scheduled for April 30, 2015 at 1:00 PM. Meetings are held in the City Council
Chambers 300 Laporte Ave. Fort Collins. Please be in attendance at 1:00 PM.
The Board is authorized to hear and rule on the case against you with or without you present. It is
highly recommended that you be represented either by yourself or an attorney. If you will be
represented by an attorney please notify me so that a City attorney can be present.
You must provide 10 copies of any documents that you wish to present to the Board. No copies
will be made during or after the hearing.
Let me know if you have any questions.
Michael W. Gebo CBO
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
Contractor Violation
Building Review Board Notice
April 14, 2015
Mr. Fred Cooke
Insignia Homes
310 East 5
th
Street
Loveland, Colorado 80537
Ref. Building Review Board
Contractor’s license review
Case 2015-01
Mr. Cooke,
It has come to my attention that as the contractor of record, you have allowed your projects to be
occupied by the owners, prior to receiving the City’s final approval and obtaining a Certificate of
Occupancy, most currently 6902 Nimitz Drive Building B. If my memory serves me, you and I
did discuss this very issue last year.
The 2012 International Residential Code Section R110.1 as adopted by the City states:
“R110.1 Use and occupancy. No building or structure shall be used or occupied, and no change
in the existing occupancy classification of a building or structure or portion thereof shall be
made until the building official has issued a certificate of occupancy therefor as provided
herein.”
Failure to obtain the required Certificate of Occupancy constitutes a violation of the City’s codes
and ordinances.
In accordance with the City of Fort Collins Municipal Code, Chapter 15 Article V, Contractors,
Section 15-162:
(d) The Building Review Board shall have the power to suspend or revoke (or take other
disciplinary action on) any license or certificate when the Board determines that a holder thereof
has committed any of the following:
BRB Case 2015-01
Fred Cooke
- 2 -
(1) Knowing or deliberate disregard of the building code or any other code adopted by
the City related to a specific construction project under the responsibility of the
supervisor or license holder;
(2) Failure to comply with any provision of the code related to a specific construction
project under the responsibility of the supervisor certificate holder or license holder;
And,
(a) When the Building Official determines that a license holder or supervisor described in this
Article has committed any of the acts outlined in Subsection (d) herein, or when a supervisor
fails to provide adequate personal supervision on the work site, the Building Official may order a
suspension of all privileges granted under such license or certificate pending a hearing by the
Board. Such suspension shall not exceed a period of forty-five (45) days following the first
commission of any such act and shall become effective immediately or when otherwise
determined by the Building Official.
As of the date of this notice and until your case can be heard before the Building Review Board,
all new permit activity involving your contractor’s licenses has been suspended.
This notice is being given to inform you that you are required to attend the next scheduled
Building Review Board meeting on April 30, 2015 at 1:00 PM. Meetings are held in the City
Council Chambers 300 Laporte Ave. Fort Collins.
Additional information and the case write up will be sent to you prior to the BRB meeting.
Feel free to contact me should you have any questions of me or about this review process.
Michael W. Gebo CBO
BRB Case 2015-01
Fred Cooke
- 3 -
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
Building Review Board
Roles and Functions
City of Fort Collins Municipal Code
Administration
Chapter 2, Article III, Division 1
Boards and Commissions
Sec. 2-71 through 2-74 Meetings:
1. Quorum, (BRB a quorum is 4) or 3 or more members whichever is fewer and where Board
business is conducted. (3 BRB members together to discuss business is a meeting open to the
public). Chance meetings and social gathers where discussion of public business is not the
purpose is not considered a meeting.
2. Meetings are open to the public, except upon affirmative vote by 2/3 of the quorum present,
The Board may enter an executive session, closed to the public. Executive sessions Sec. 2-31
must be held during regular or special meetings and only for the purpose of discussing:
a. Personnel matters such as hiring through dismissal,
b. Complaints against City personnel,
c. Conflicts of interest,
d. Items relating to employee groups,
e. Meetings with the city attorney regarding litigation,
f. Consideration of real property acquisitions,
g. Electric utility matters.
3. No final legislative action can be taken in executive session.
4. Meetings shall be scheduled w/notice to the public. Regularly scheduled meetings are
considered as notice given.
5. Meeting minutes shall be taken and are open to the public
6. Meeting notices are to be posted on the City’s website and in the City Hall West lobby.
Chapter 2, Article III, Division 7
Building Review Board
Sec. 2-117 Creation of the Board
Sec. 2-118 Membership:
BRB Overview
February 2011
Page 2
- 2 -
1. Seven members appointed by the City Council, three have experience in building
construction.
2. Four year terms, no more than 2 consecutive terms.
Sec. 2-119 Functions:
1. To determine suitability of alternate materials or methods, to provide reasonable
interpretations of the various adopted codes and to hear appeals.
2. To hear request for variances from Art 5 Title 9 CRS, (State Law regarding accessibility of
buildings).
3. To hear all matters relating to the suspension or revocation of plumber or electrical licenses.
(Board may need to be augmented by 2 electricians or plumbers to hear these cases)
4. Upon appeal, grant variances from Chapter 15, Article V (Contractor licensing) where the
peculiar or exceptional practical difficulties or undue hardship upon the person regulated;
when the applicant can demonstrate to the satisfaction of the Board other qualifications,
provided such relief may be granted without substantial detriment to the public good and
without impairing the intent of said Article.
5. To hear appeals of the International Property Maintenance Code (IPMC) and the Housing
Code Chapter 5, article VI, Division 2 (Rental Housing)
6. To advise the City Council on policy matters pertaining to construction of buildings and
licensing of contractors for all aspects of construction of buildings.
Sec. 2-120 Officers and Bylaws:
1. Annually elect a chairperson and such officers as needed
2. Adopt bylaws
Sec. 2-121 Minutes, annual report, work plan:
1. Board shall take and file minutes
2. On or before Jan 31
st
of each year the Board shall file a report setting forth the activities of
the previous year.
3. On or before November 30
th
of each year the Board shall file a work plan for the following
year.
Chapter 5, Article II, Division 2
Buildings
Building Construction Standards
Sec. 5-26 adoption of standards (2009 International Building Code (IBC))
Sec. 113 Board of Appeals:
Sec. 113.1 through 113.4 (Note: Except for the IPMC, all other adopted building codes appeals
processes are referenced to this section.)
1. Empowered to hear and to decide appeals of orders, decisions or determinations made
by the building official relative to the application or interpretation of the code.
2. determine suitability of alternate materials or methods of construction
BRB Overview
February 2011
Page 3
- 3 -
3. granting permit extensions and reinstatements
4. Board shall render all decisions in writing.
Applications/hearings:
1. Building permit applicants or holder of a building permit can appeal any decision of the
building official relative to the enforcement of the code, stating that such decision by the
building official was based on erroneous interpretation of the building regulations or that
alternate materials or methods of construction are equivalent to the code in structural
strength, effectiveness, fire-resistance, durability, safety and any other pertinent factors.
2. The Board may rule in favor of the applicant when it finds that the decision of the building
official was erroneous or that the alternate materials or methods of construction is equivalent
to the code in structural strength, effectiveness, fire-resistance, durability, safety and any
other pertinent factors.
3. The Board shall require that sufficient evidence be submitted to substantiate claims regarding
the alternate methods and materials
4. Quorum of 4 members needed for any meeting.
Limitations of the Board:
The Board shall have no authority with respect to:
1. Administration of this code except as expressly provided
2. Waiving requirements of this code except as provided pursuant to this section
3. Modifying the provisions of this code or granting variances to this code
4. Approving alternate methods or materials except as provided in this section and based upon a
specific appeal from a determination of the building official on an individual case basis
5. Modifying, interpreting or ruling on the zoning and land use regulations or other laws of the
City except as expressly empowered.
Chapter 5, Article II, Division 3
Structures and Premises Condition Code
Sec. 5-46 adoption of standards (2006 International Property Maintenance Code (IPMC))
Sec 111 Appeals and Administrative Review:
Sec 111.1 through 111.8
1. The Board shall serve to provide final interpretation of this code and to review the code
official’s orders. Except as provided for in Sec 19-36 (Municipal court for hearing of
citations)
2. Any person effected by an order of the official can seek relief from the Board
3. Filing and process procedures
BRB Overview
February 2011
Page 4
- 4 -
Chapter 5, Article VI, Division 1
Rental housing Standards
Sec. 5-236 through 5-275
Sec. 5-259 Appeals:
1. Except for violations of 5-264 (rental certificates of occupancy) or 5-265 (posting of
inspection books), the Board can hear appeals to the rental housing standard, and in
accordance with procedures outlined in 5-46 (Adoption of standards the IPMC) and 5-47
(IPMC as amended)
Chapter 15 Article V
Contractors
Sec. 15-156 Duties of the Building Review Board
1. Hearing all matters related to the suspension or revocation of a supervisor certificate or
license (Ft Collins) or registration of plumber and electrical license (State).
2. Upon appeal, to hear all matters and grant variances from this Article where the peculiar or
exceptional practical difficulties or undue hardship upon the person regulated; when the
applicant can demonstrate to the satisfaction of the Board other qualifications such as specialized
training, education or additional experience, provided such relief may be granted without
substantial detriment to the public good and without impairing the intent of said Article.
******************************************************************************
The following sections outline the BRB functions under miscellaneous conditions
******************************************************************************
Chapter 9
Fire Prevention and Protection
Sec. 9-1. Adoption of the International Fire Code (IFC), 2006 Edition
Sec. 9-2. Amendments, additions and deletions
108.1 Board of appeals established.
To hear and decide appeals of orders, decisions or determinations made by the fire code official,
relative to the application and interpretation of this code (IFC)
Sec. 9-3 Appeals
A person has the right to appeal whenever the Fire Chief disapproves an application, refuses to
grant a permit, for a claim that the fire code does not apply or is erroneously interpreted.
BRB Overview
February 2011
Page 5
- 5 -
Chapter 5, Article VII
Historic Buildings
Sec. 5-346. Adoption of standards (Uniform Code for Building Conservation (UCBC))
Sec 5-347 Amendments and deletions
Sec 207 To provide for final interpretation and to hear appeals of the UCBC and under the
procedures outlined in Sec 5-27 (Appeals process of the IBC)
Chapter 5, Article II, Division 4
Moved Buildings
Sec. 5-61. Permit required for moving buildings on streets
Permit to be issued by the City Engineer
Sec. 5-65. Revocation of permit. Any holder of a permit (to move a building) which has been
revoked may request a hearing before the Board, which shall make a final determination on the
question.
Chapter 15, Article II, Division 2
Alarm Systems
Sec. 15-31. Required (Alarm business license)
Sec. 15-40 Grounds for suspension or revocation (of alarm business license)
Sec. 15-41 Procedures for suspension or revocation
The Board shall hear matters relating to the suspension or revocation and in the manner set forth
for suspension and revocation of contractor licenses Sec 15-158
Chapter 15, Article VI
Electrical Contractors
Sec. 15-172. License and registration required; suspension; revocation
(4)(b) The Board shall conduct any hearing relating to suspensions or revocation of an electrical
contractor registration. May need to augment the board with 2 licensed electricians.
BRB Overview
February 2011
Page 6
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Chapter 15, Article X
Plumbing Contractors
Sec. 15-306. General provisions, licensing and registration
License required to engage in the trade of plumbing
(4)(c) The Board shall conduct any hearing relating to suspensions or revocation of a plumbing
contractor registration. May need to augment the board with 2 licensed plumbers.
Chapter 18
Mobile Home Park
Sec. 18-3. Construction permit required; application; fees; issuance; appeals
Permit require to create or alter a mobile home park
(e) The Board shall hear any person whose application for a permit (to construct or alter a mobile
home park) has been denied.
Sec. 18-4. Inspections. Inspections are required for mobile home sets and mobile homes used as
rental property.
Sec. 18-5. Notices of violations; hearings; orders The building official shall give notice of any
violations.
(b) Hearings Any person affected by a notice can appeal to the Board.
Sec. 18-10. Mobile home rental units Mobile home rental units must comply with Sections 18-
8(a) and paragraphs 18-8(c)(4) and (5) (references to set-up, utilities, rental standards)
(3)Violations are subject to the right of appeal before the Board.
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ARTICLE III
BOARDS AND COMMISSIONS
DIVISION 1. GENERALLY
Sec. 2-71. Meetings defined, open meetings required; exceptions.
(a) The following words, terms and phrases, when used in this Division, shall
have the meanings ascribed to them in this Section:
Meeting shall mean any gathering of a quorum or three (3) or more members,
whichever is fewer, of any board or commission of the City, or any
committee of such board or commission, at which any public business is
discussed or at which any formal action may be taken, but shall not mean
any chance meeting or social gathering at which the discussion of public
business is not the central purpose.
(b) All meetings of boards and commissions of the City, and all meetings of any
committees of such boards and commissions, shall be open to the public at all
times, except that any board or commission, upon the affirmative vote of two-
thirds (2/3) of the quorum present, may go into executive session for the purpose
of considering such matters as would be permissible for consideration by the City
Council in executive session, as enumerated in Subsection 2-31(a) above, insofar
as such matters may be pertinent to the purposes for which the board or
commission has been established by the City Council.
(c) No final policy decisions shall be made, nor shall any resolution be passed or
other formal action taken by any board or commission in executive session.
(d) The following shall be exempted from the provisions of this Section:
(1) The trustees of the police, fire and general employees' pensions shall have the
authority to meet in executive session for the purpose of reviewing
pension applications, medical records, personnel records and reports and
discussing pending as well as previously granted pensions with board
attorneys.
(2) The review subcommittees of the Citizen Review Board, as described in
Subsection 2-138(d), shall meet in executive session for the purpose of
receiving and considering evidence relating to internal investigations
conducted by Police Services unless the police officer(s) or community
service officer(s) against whom the complaint is filed requests that the
matter be considered in open session. If such a request is made, the
2
subcommittee shall determine the extent to which the consideration and
discussion of evidence will occur in open session. In making this
determination, the subcommittee shall consider the extent to which the
consideration and discussion will directly concern personnel matters of the
officer(s), the need to maintain the confidentiality of information in
circumstances where the public dissemination of the information would do
substantial injury to the public interest and any other constraints upon
public dissemination imposed by law.
(Ord. No. 83, 1990, § 2, 9-4-90; Ord. No. 83, 1992, § 1, 7-21-92; Ord. No. 91, 1992, § 9,
9-15-92; Ord. No. 76, 1998, § 2, 8-4-98; Ord. No. 17, 2000, § 1, 3-7-00; Ord. No. 130,
2002, § 7, 9-17-02)
Sec. 2-72. Notice of meetings.
Any meeting at which any formal action could occur or at which a majority or quorum
is in attendance, or is expected to be in attendance, shall be held only after full and timely
notice to the public. For the purpose of this provision, adopting a regular meeting date
and the filing of a statement with the City Clerk shall be considered full and timely
notice. In the case of boards or commissions meeting on call or irregularly or in the event
of any change to a regular meeting date on file with the City Clerk, the posting of a notice
of the meeting pursuant to § 2-74 at least twenty-four (24) hours before the time of such
meeting shall be full and timely notice. The City Clerk shall make all of such notices
available to all interested members of the public.
(Ord. No. 83, 1990, § 2, 9-4-90; Ord. No. 91, 1992, § 10, 9-15-92; Ord. No. 034, 2006, §
3, 3-21-06)
Sec. 2-73. Minutes of meetings.
Minutes shall be taken of any meeting of any board or commission of the City, or any
committee of such board or commission, at which the adoption of any proposed policy,
position, resolution, rule, regulation or formal action occurs or could occur. Such minutes
shall be open to public inspection and shall be filed with the City Clerk upon approval by
such board, commission or committee. Such approval shall occur no later than the next
regular meeting of the board, commission or committee, except in those instances when
an audio or video recording has been made and maintained by the City of the board,
commission or committee meeting which is the subject of the minutes. Discussions that
occur in an executive session of a board or commission, or any committee thereof, shall
be subject to the same audio recording requirements and related procedures and
regulations as are contained in § 2-33 pertaining to executive sessions of the City Council
and its committees. The minutes of a meeting during which an executive session is held
shall reflect the topic of the discussion at the executive session.
(Ord. No. 83, 1990, § 2, 9-4-90; Ord. No. 91, 1992, § 11, 9-15-92; Ord. No. 80, 1998, 5-
19-98; Ord. No. 131, 2001, § 3, 9-4-01)
3
Sec. 2-74. Place of posting.
The vestibule at the south entrance of City Hall West, 300 LaPorte Avenue, is
designated as the proper place for the posting of public notice of any meetings of any
City boards and commissions, or their committees, for which public notice is required to
be given by the provisions of the Code. When possible, such notices should also be
posted on the City's website. All meeting notices shall include information about the
availability of agenda materials. The chairperson of each board or commission, or his or
her designee, shall be responsible for the posting of such notice.
(Ord. No. 91, 1992, § 12, 9-15-92; Ord. No. 111, 1995, § 2, 9-5-95; Ord. No. 034, 2006,
§ 4, 3-21-06)
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Sec. 2-31. Executive sessions.
(a) The City Council, and any committee of the City Council, may, by two-thirds
(2/3) majority vote of those members present and voting, hold an executive
session upon announcement of the topic for discussion in the executive session,
which announcement shall include a specific citation to the provision of this
Section that authorizes the City Council or Council committee to meet in
executive session, and shall identify the particular matter to be discussed in as
much detail as possible without compromising the purpose for which the
executive session is to be held. Said executive session may be held only at a
regular or special meeting and only for the purposes of considering any of the
following matters and providing direction, through individual expressions of
opinion, to City staff or other persons with regard to such matters:
(1) Personnel matters restricted to those described in Subparagraphs a. through d.
below. Except as provided in Subparagraph c. below, "personnel matters"
shall not include discussions concerning any member of the City Council
or members of City boards and commissions, or discussions concerning
the appointment of persons to fill such positions, or to discussions of
personnel policies that do not require the discussion of matters personal to
particular employees:
a. Matters involving the hiring, appointment, dismissal, demotion, promotion,
assignment and discipline of City personnel, and the review and
discussion of the performance and proposed compensation and
benefits of the City Manager, City Attorney or other direct City
Council employees.
b. Consideration of complaints or charges against individual City personnel,
provided that such matter shall not be considered in executive
4
session if the individual concerned requests that the matter be
considered in open session.
c. Consideration of actual or hypothetical situations involving potential conflicts
of interests with individual Councilmembers or City board or
commission members, provided that no executive session shall be
held for the purpose of concealing the fact that a member of the
City Council or of a City board or commission has a financial or
personal interest in the purchase, acquisition, lease, transfer or sale
of any real, personal or other property interest from the City.
d. Consideration and discussion of strategy matters relating to negotiations with
employee groups including unions.
(2) Meetings with the City Attorney or other attorneys representing the City
regarding litigation or potential litigation involving the City and/or the
manner in which particular policies, practices or regulations of the City
may be affected by existing or proposed provisions of federal, state or
local law.
(3) Consideration of water and real property acquisitions and sales by the City.
(4) Consideration of electric utility matters if such matters pertain to issues of
competition in the electric utility industry.
(b) No final legislative action shall be taken by the City in executive session. Such
final legislative action may be taken only in an open meeting.
(c) Executive sessions shall be closed to the general public, but the City Council
may permit any person or group to attend such sessions.
(Code 1972, § 2-2(B); Ord. No. 22, 1990, §§ 1, 3, 3-13-90; Ord. No. 92, 1991, 8-6-91;
Ord. No. 93, 1997, 7-1-97; Ord. No. 223, 1998, 12-15-98; Ord. No. 131, 2001, § 1, 9-4-
01; Ord. No. 80, 2003, 6-3-03; Ord. No. 25, 2005, 3-15-05)
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DIVISION 7. BUILDING REVIEW BOARD
Sec. 2-117. Creation.
There shall be and is hereby created a Building Review Board, hereafter referred to in
this Division as the "Board."
(Ord. No. 93, 1987, § 3, 7-7-87)
5
Sec. 2-118. Membership; term.
(a) The Board shall consist of seven (7) members appointed by the City Council,
three (3) of whom shall be qualified by experience and/or training to
knowledgeably consider technical matters related to building construction.
(b) Each member shall serve without compensation for a term of four (4) years,
except that members may be appointed by the City Council for a shorter term in
order to achieve overlapping tenure. Appointments shall specify the term of office
of each individual. All members shall be subject to removal by the City Council.
If a vacancy occurs on the Board, it shall be filled by the City Council for the
remaining unexpired portion of the term. No member shall serve more than two
(2) consecutive terms. For the purposes of this provision, a "term" shall include
the balance of an unexpired term served by a person appointed to fill a vacancy if
such unexpired term exceeds twenty-four (24) months.
(Ord. No. 93, 1987, § 7-7-87; Ord. No. 128, 1990, § 1, 12-4-90; Ord. No. 92, 1992, § 2,
9-15-92; Ord. No. 93, 2002, § 1, 7-16-02)
Cross-reference—Building Review Board shall augment its membership with two
licensed master electricians when hearing appeals from decisions of enforcement officials
under the National Electrical Code, § 5-87.
Sec. 2-119. Functions.
The Board shall have the following functions:
(1) To determine the suitability of alternate materials or alternate methods of
construction, provide for reasonable interpretations of the provisions of the City
building code, City mechanical code, City plumbing code, City electrical code
and City fire code, and hear all appeals made to it related to such codes;
(2) To hear all requests for variances from the requirements of Article 5, Title 9,
C.R.S., which establishes standards and specifications governing the accessibility
of buildings and facilities within the City to the physically handicapped;
(3) To hear all matters related to the suspension or revocation of any supervisor
certificate or license or registration of any plumber or electrician as provided in
the Code;
(4) To, upon appeal in specific cases, grant variances from the terms of Chapter
15, Article V, where the peculiar or exceptional practical difficulties to or
exceptional or undue hardship upon the person regulated, or when the applicant
can demonstrate to the satisfaction of the Board that the applicant possesses other
qualifications not specifically listed in Chapter 15, Article V, such as specialized
training, education or additional experience, which the Board has determined
6
qualifies the applicant to perform in a competent manner any construction
authorized under the license or certificate sought, provided that such relief may be
granted without substantial detriment to the public good and without substantially
impairing the intent and purposes of said Article;
(5) To serve as the Board of Appeals as required under Section 111 of the
International Property Maintenance Code as adopted by the City and "Housing
Standards" contained in Chapter 5, Article VI, Division 2 of the Code; and
(6) To advise the City Council on policy matters pertaining to the construction of
buildings and the licensing of contractors and the certification of supervisors for
all aspects of the construction of buildings, and to perform such other duties and
functions and have such other powers as may be provided by ordinance of the
City Council.
(Ord. No. 93, 1987, § 3, 7-7-87; Ord. No. 49, 1991, § 1, 5-7-91; Ord. No. 108, 1992, § 1,
11-3-92; Ord. No. 133, 1997, § 2, 8-19-97; Ord. No. 121, 2008, 10-21-08; Ord. No. 014,
2009, 02-17-09)
Sec. 2-120. Officers; bylaws.
The Board shall elect annually from its membership a chairperson and such officers as
may be required. Bylaws may be adopted by the Board, which bylaws shall not be
inconsistent with the Charter, the Code or other policies that may be established by the
City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the
City Council immediately after adoption by the Board, and the same may be subject to
the approval of the City Council.
(Ord. No. 93, 1987, § 3, 7-7-87; Ord. No. 104, 2002, § 1, 8-20-02)
Sec. 2-121. Minutes; annual report; work plan.
The Board shall take and file minutes in accordance with the requirements of § 2-73 of
the Code. On or before January 31 of each year, the Board shall file a report with the City
Clerk setting forth the activities of the Board for the previous year. On or before
November 30 of each year, the Board shall file a work plan with the City Clerk for the
following year.
(Ord. No. 93, 1987, § 3, 7-7-87; Ord. No. 79, 1988, § 2, 6-7-88; Ord. No. 92, 1992, § 2,
9-15-92)
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7
ARTICLE II
BUILDINGS
DIVISION 1. GENERALLY
Secs. 5-16—5-25. Reserved.
DIVISION 2. BUILDING CONSTRUCTION STANDARDS
Sec. 5-26. Adoption of standards.
(a) Pursuant to the power and authority conferred on the City Council by Section
31-16-202, C.R.S., and Article II, Section 7 of the Charter, the City Council
hereby repeals the 2006 International Building Code (2006 IBC), and adopts as
the building code of the City the 2009 International Building Code (2009 IBC)
published by the International Code Council, as amended by the City, which shall
have the same force and effect as though set forth in full herein. The subject
matter of the codes adopted herein includes comprehensive provisions and
standards regulating the erection, construction, enlargement, alteration, repair,
moving, removal, conversion, demolition, occupancy, equipment, use, height,
area and maintenance of buildings and structures exclusive of detached one- and
two-family dwellings and multiple single-family dwellings (townhouses) not
more than three (3) stories above grade and their accessory structures, for the
purpose of protecting the public health, safety and general welfare.
(13) Section 113, Board of Appeals, is hereby amended in its entirety to read as
follows:
"SECTION 113 BOARD OF APPEALS
"113.1 General. The Building Review Board (hereafter "Board") as established in
Section 2-117 of the Code of the City is hereby empowered in accordance
with the procedures set forth in this section to hear and to decide appeals
of orders, decisions or determinations made by the building official
relative to the application and interpretation of this code; to the suitability
of alternative materials or alternative methods of construction; and the
granting of permit extensions and reinstatements as prescribed by Section
105.5. The building official shall be an ex officio member of the Board
without vote and shall serve as the Secretary of the Board. The Board shall
adopt rules of procedure for conducting its business and shall render all
decisions and findings in writing.
"113.2 Applications/hearings. When a building permit applicant or a holder of a
building permit desires relief from any decision of the building official
related to the enforcement of this code, except as is otherwise limited in
Section 113.4, such building permit applicant, building permit holder or
8
representative thereof may appeal the decision of the building official to
the Board stating that such decision by the building official was based on
an erroneous interpretation of the building regulations or that an
alternative design, alternative materials and/or the alternative methods of
construction proposed by the appellant are equivalent to those prescribed
by this code considering structural strength, effectiveness, fire resistance,
durability, safety and any other pertinent factors.
"The Board shall hear and decide all appeals made to it and shall have the authority
to rule in favor of the appellant when the Board determines that the
interpretation of the building regulations of the City by the building
official was erroneous, or when the Board determines an alternative
design, alternative materials and/or the alternative methods proposed by
the appellant are equivalent to those prescribed by this code considering
structural strength, effectiveness, fire resistance, durability, safety and any
other pertinent factors. The Board shall require that sufficient evidence be
submitted to substantiate any claims made regarding the proposed
alternative design, alternative materials and/or alternative methods of
construction. A quorum of 4 members shall be necessary for any meeting
of the Board.
"113.3 Fees and notification. Persons desiring to appeal to the Board any decision
of the building official as provided in this section shall, at the time of
filing such appeal, pay to the City a filing fee in the amount of $50.
Written notice of hearings shall be given to the Appellant and, with
respect to requests for exceptions or variances to Section 1101.1 of this
code as enacted by the City, to the secretary to the Commission on
Disability, at least 3 days prior to the hearing by mailing the same to such
party's last known address by regular U.S. mail.
"113.4 Limitations. The Building Review Board shall have no authority with
respect to any of the following functions:
"1. The administration of this code except as expressly provided otherwise;
"2. Waiving requirements of this code, except as provided pursuant to this
section;
"3. Modifying the applicable provisions of, or granting variances to, this code, or
approving the use of alternative designs, alternative materials
and/or alternative methods of construction except as provided for
in this section and based upon a specific appeal from a
determination or decision of the building official on an individual
case basis; and
9
"4. Modifying, interpreting or ruling on the applicability or intent of the zoning
and land use regulations or other laws of the City except as
expressly empowered otherwise."
*****************************************************************
DIVISION 3. STRUCTURE AND PREMISES CONDITION CODE
Sec. 5-46. Adoption of standards.
There is hereby adopted by reference, as the Structure and Premises Condition Code of
the City, the 2006 International Property Maintenance Code (IPMC)®, published by the
International Code Council (ICC)®, with local amendments, as if set forth in full herein.
The subject matter of the codes adopted herein includes minimum requirements and
standards for premises, structures, equipment and facilities for light, ventilation, space,
heating, sanitation, protection from the elements, life safety, safety from fire and other
hazards, and for safe and sanitary maintenance; the responsibility of owners, operators
and occupants; the occupancy of existing structures and premises, and for administration,
enforcement and penalties.
(Code 1972, § 44-1; Ord. No. 108, 2008, § 1, 10-21-08)
(15) Section 111 is hereby amended by revising the Section in its entirety to read
as follows:
"SECTION 111 – APPEALS AND ADMINISTRATIVE REVIEW
"111.1 General. Except as otherwise provided for in City Code Section 19-36, et
seq., the Building Review Board as established in City Code Section 2-
117 shall serve to provide final interpretation of the provisions of this code
and to review the code official's orders.
"111.2 Application for review. Any person directly affected by an order or
decision of the code official shall have the right to seek a final
interpretation or other review by the Building Review Board under the
provisions of this section, provided that a written application for appeal is
filed. Such persons shall include, but not be limited to, the record owner;
the holder of any mortgage or deed of trust or other lien or encumbrance
of record; any leaseholder of record; the holder of any other estate or legal
interest or record in the building or the property on which the building is
located; any occupants of such building or property; and the occupants of
any other property within eight hundred (800) feet of the subject property.
"111.3 Application form. An application for hearing shall be in writing on forms
provided by the City and shall be based upon a claim that the true intent of
this code or the rules legally adopted thereunder have been incorrectly
10
interpreted, the provisions of this code do not fully apply or the
requirements of this code are adequately satisfied by other means. Such
form shall include the following: a brief statement setting forth the legal
interest of each of the appellants in the building or the land involved in the
notice and order; a brief statement in ordinary and concise language of that
specific order or action protested, together with any material facts claimed
to support the contentions of the appellant; a brief statement in ordinary
and concise language of the relief sought and the reasons why it is claimed
that the protested order or actions should be reversed, modified or
otherwise set aside; the signatures of all parties named as appellants and
their official mailing addresses; and a request for stay of enforcement.
"111.4 Filing period. The appeal shall be filed within ten (10) days from the date of
service of such order or the action of the code official. If the building or
structure is in such condition as to make it immediately dangerous to the
life, property or safety of the public or adjacent property and is ordered
vacated and is posted, such appeal shall be filed within five (5) days from
the date of the service of the notice and order of the code official. The
failure of the code official to serve any person required herein to be served
shall not invalidate any proceedings.
"111.5 Hearing period. Upon receipt of any appeal filed pursuant to this Section,
the code official shall present the appeal to the Building Review Board at
a regular or special meeting held as soon as practicable after proper notice,
but not more than forty-five (45) days from the date that the appeal was
filed.
"111.6 Hearing procedures. The appeal shall be heard pursuant to the procedures
specified in City Code Section 2-47, et seq. Only those matters or issues
specifically raised by the appellant shall be considered in the hearing of
the appeal.
"111.7 Failure to file request for review. Failure of any person to file an
application for a review hearing shall constitute a waiver of the right to an
administrative hearing and adjudication of the notice and order or to any
portion thereof.
"111.8 Staying of order under review. Except for emergency measures and
posting orders made pursuant to this code, enforcement of any notice and
order of the code official issued under this code may be stayed during the
pendency of the review therefrom which is properly and timely filed."
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11
ARTICLE VI
HOUSING STANDARDS
DIVISION 1. GENERALLY
Secs. 5-221—5-235. Reserved.
DIVISION 2. RENTAL HOUSING STANDARDS
Subdivision A. Generally
Sec. 5-236. Definitions.
For the purposes of this Article, certain terms, phrases, words and their derivatives shall
be construed as expressly stated herein and as follows:
Words stated in the present tense include the future; words stated in the masculine
gender include the feminine and neuter; the singular number includes the plural and the
plural, the singular. Where terms are not defined in this Division and are defined in the
City Code, Land Use Code, International Building Code, International Fire Code, Land
Use Code, International Plumbing Code, International Mechanical Code or National
Electrical Code, such terms shall have the meanings ascribed to them as stated in those
codes. Where terms are not defined through the methods authorized by this Section, such
terms shall have ordinarily accepted meanings such as the context implies. Whenever the
words dwelling unit, dwelling, premises, building, rooming house, rooming unit,
housekeeping unit or story are stated in this code, they shall be construed as though they
were followed by the words "or any part thereof."
Electronic record shall mean a record created, generated, sent, communicated,
received or stored by electronic means and reproducible in a physical document.
Owner shall mean any person whose name appears on the tax bill for the property
or who, alone or jointly or severally with others, has legal title to any dwelling or
dwelling unit, with or without actual possession thereof, or has charge, care or
control of any dwelling or dwelling unit as owner, executor, executrix,
administrator, trustee, guardian of the estate of the owner, mortgagee or assignee
of rents. Owner shall not include any person, group of persons, company,
association or corporation who holds only a security interest or easement on the
real property upon which the dwelling or dwelling unit is situated.
Property manager shall mean any person, group of persons, company, firm or
corporation charged with the care and control of rental housing as defined below
who performs services with respect to such rental housing under a contract with
the owner thereof or who otherwise acts as representative of an owner with
respect to such rental housing.
12
Rental dwelling unit shall mean one (1) or more rooms occupied or intended to be
occupied as a unit exclusively for residential purposes that is leased, rented or
sublet for compensation (including money or services or the sharing of expenses)
and that is located in a boarding house or a single-family, two-family or multi-
family dwelling.
Rental housing shall mean any building or mobile home or portion thereof,
including the lot, tract or parcel of land on which the same is located, containing
any dwelling unit, or guest room which is leased, rented or sublet to a family or
person(s) for compensation (including money or services, and the sharing of
expenses).
(Code 1972, § 64-11; Ord. No. 158, 1987, 10-20-87; Ord. No. 130, 2002, §§ 11, 12, 9-17-
02; Ord. No. 124, 2005, § 1, 11-15-05; Ord. No. 109, 2008, § 1, 10-21-08; Ord. No. 042,
2010, § 1, 5-4-2010)
Cross-reference—Definitions and rules of construction generally, § 1-2.
Sec. 5-237. Purpose.
This Article supplements the provisions contained in the adopted City Building Codes,
including the IPMC, and is necessary to protect the public health, safety and welfare of
the people of the City by regulating and controlling the use and occupancy, location and
maintenance of all rental housing within the City.
(Code 1972, § 64-2; Ord. No. 124, 2005, § 3, 11-15-05; Ord. No. 109, 2008, § 2, 10-21-
08)
Sec. 5-238. Applicability.
In General. The provisions of this Article shall apply to all rental housing. All rental
housing shall also conform to the applicable City Land Use Code and City Building
Codes, including the IPMC, as adopted and amended in §§ 5-46 and 5-47.
(Code 1972, § 64-3; Ord. No. 124, 2005, § 4, 11-15-05; Ord. No. 109, 2008, § 3, 10-21-
08)
Sec. 5-239. Compliance required.
It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish, equip, use, occupy or maintain any building or
structure or cause or permit the occupancy of said building or structure in violation of this
Chapter.
(Code 1972, § 64-7; Ord. No. 109, 2008, § 4, 10-21-08)
13
Sec. 5-240. Dwelling condition.
Any rental housing, the associated premises and any equipment thereon or portion
thereof determined to be substandard, dangerous or unfit for occupancy pursuant to the
IPMC as adopted and amended in §§ 5-46 and 5-47 of this Chapter shall be abated by
repair, rehabilitation, vacation, demolition or removal in accordance with the procedure
specified in §§ 5-46 and 5-47, or through any other procedure allowed by law or
ordinance.
(Code 1972, § 64-5; Ord. No. 124, 2005, § 5, 11-15-05; Ord. No. 109, 2008, § 5, 10-21-
08)
Secs. 5-241—5-255. Reserved.
Subdivision B. Administration
Sec. 5-256. Enforcement authority; rules and procedures.
The Building Official is hereby authorized and directed to enforce all of the provisions
of this Article. For such purposes, the Building Official shall have the authority to adopt
and promulgate administrative rules and procedures consistent with the provisions of this
Article; to interpret and implement the provisions of this Article; to secure the intent
thereof; to enforce all provisions of this Article pursuant to the authority granted by the
Chief of Police under Paragraph 2-504(b)(2); and to designate requirements applicable
because of local climatic or other conditions. Such rules shall not have the effect of
waiving structural or fire performance requirements specifically provided for in this
Article, or of violating accepted engineering methods involving public safety.
(Code 1972, § 64-4(A); Ord. No. 130, 2002, §§ 11, 13, 9-17-02; Ord. No. 124, 2005, § 6,
11-15-05)
Sec. 5-257. Inspection.
Inspection of rental housing shall be pursuant to the provisions of Section 104 of the
IPMC as adopted and amended in §§ 5-46 and 5-47 of this Chapter.
(Code 1972, § 64-4(B); Ord. No. 130, 2002, §§ 11, 13, 9-17-02; Ord. No. 124, 2005, § 7,
11-15-05; Ord. No. 109, 2008, § 6, 10-21-08)
Sec. 5-258. Maintenance of premises; compliance with codes.
Liability and responsibility for maintenance of premises and compliance with codes
shall be pursuant to the provisions of Section 107 of the IPMC as adopted and amended
in §§ 5-46 and 5-47 of this Chapter.
14
(Code 1972, § 64-4(C); Ord. No. 124, 2005, § 8, 11-15-05; Ord. No. 109, 2008, § 7, 10-
21-08)
Sec. 5-259. Appeals.
General. Except for violations of §§ 5-264 and 5-265 which are governed by the
provisions in § 19-36, et seq., and in order to provide for final interpretation of the
provisions of this Article and to hear appeals provided for hereunder, the Building
Review Board as established in § 2-117 shall serve in such capacity within the
procedures outlined therein and as set forth in §§ 5-46 and 5-47.
(Code 1972, § 64-6; Ord. No. 124, 2005, § 9, 11-15-05; Ord. No. 109, 2008, § 8, 10-21-
08)
Cross-references—Building Review Board, § 2-117 et seq.; amendments and
deletions to Building Code, § 5-27 et seq.
Sec. 5-260. Permits required for construction.
It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish any building or structure regulated by this Article
without first obtaining a separate permit for each building or structure from the Building
Official in the manner and according to the applicable conditions prescribed in the City
building codes.
(Code 1972, § 64-8; Ord. No. 130, 2002, § 11, 9-17-02; Ord. No. 109, 2008, § 9, 10-21-
08)
Sec. 5-261. Fees.
Whenever a building permit or certificate of occupancy is required under this Chapter
or under any other provision of the City Building Codes, all applicable City fees and
taxes shall be paid by the property owner.
(Code 1972, § 64-9; Ord. No. 130, 2002, § 11, 9-17-02; Ord. 045, 2009, §1, 5-5-09)
Sec. 5-262. Certificate of occupancy required.
It shall be unlawful for any person to rent or offer to rent all or any portion of any
building containing two (2) or more dwelling units without having first obtained a
certificate of occupancy for each dwelling unit therein.
(Code 1972, § 64-9; Ord. No. 130, 2002, § 11, 9-17-02; Ord. No. 109, 2008, § 10, 10-21-
08)
Sec. 5-263. Inspection of construction or conversion.
15
All buildings or structures within the scope of this Article and all construction or work
for which a permit is required shall be subject to inspection by the Building Official in
accordance with and in the manner provided by this Article and the City building codes.
(Code 1972, § 64-10; Ord. No. 130, 2002, § 11, 9-17-02; Ord. No. 109, 2008, § 11, 10-
21-08)
Sec. 5-264. Certificate required for occupancy of dwelling units contained in single-
family or two-family dwellings in excess of limit; conditions; revocation or
suspension.
(a) No dwelling unit contained in a single-family or two-family dwelling shall be
occupied by more persons than the number of persons permitted under Section
3.8.16 of the Land Use Code unless a certificate of occupancy for an extra-
occupancy rental house (boarding house) has been issued for such dwelling by the
Building Official.
(b) Terms and conditions imposed upon a certificate of occupancy as a boarding
house may include, but are not limited to, compliance with all state laws, City
ordinances, rules and regulations, and court or administrative orders.
(c) In determining whether to revoke or suspend a previously issued certificate of
occupancy, the Building Official may consider any history or pattern of Code
violations related to the use of the property, or any failure on the part of the
applicant or the applicant's property manager or tenants to abate or correct
violations at the property as ordered by an enforcement official, referee or judge.
(Ord. No. 124, 2005, § 10, 11-15-05; Ord. No. 109, 2008, § 12, 10-21-08)
Sec. 5-265. Posting; inspection of books and records; disclosure.
(a) Any certificate of occupancy for an extra occupancy rental house specifying
the number of allowable tenants must be posted on the back of the front door of
the dwelling.
(b) Whenever reasonable cause exists to believe that a violation of the Code or
Land Use Code has occurred at any rental dwelling unit, the owner and property
manager, if any, of said unit shall, immediately upon request, make available to
the City all lease, rental payment and tenant information pertaining to the unit,
together with the written disclosure statement required by Subsection (c) of this
Section.
(c) Any person selling or leasing a dwelling unit shall forthwith provide all
purchasers, lessees or sublessees of such unit with a written disclosure statement,
on a form provided by the City, specifying the maximum permissible occupancy
of such unit under Section 3.8.16 of the Land Use Code. Such disclosure
16
statement shall be signed and dated by all parties to the transaction immediately
upon execution of any deed, contract for purchase and sale or lease pertaining to
such unit. In the case of a lease, the following shall apply:
(1) All signatures on such disclosure statement shall be notarized by a notary public
or, as an alternative to notarization, an electronic record may be used to
verify the date that the disclosure statement was signed by the parties.
(2) The disclosure statement shall be attached to a copy of the fully executed lease
agreement and retained at the leased premises by the owner of the unit and
the property manager, if any. If an electronic record is used to verify the
date that the disclosure statement was signed, then documentation
evidencing the electronic record shall also be attached to a copy of the
lease agreement.
(3) In the case of a multi-family building with an on-site manager, the lease, the
disclosure statement and any documentation evidencing electronic
verification may be retained in the office of the property manager for the
unit.
(d) Notwithstanding the foregoing, a new disclosure statement need not be
provided upon renewal of a written lease agreement if all parties to such renewal
agreement executed a disclosure statement at the time of execution of the original
lease agreement.
(e) It shall be a violation of this Section for any person to rent a dwelling unit, or
portion thereof, to any person who has failed or refused to sign the disclosure
statement required by Subsection (c) of this Section.
(f) It shall be a violation of this Section for any person to occupy a dwelling unit
pursuant to a lease or sublease unless such person has signed the disclosure
statement required by Subsection (c) of this Section.
(Ord. No. 124, 2005, § 10, 11-15-05; Ord. No. 042, 2010, § 2, 5-4-2010; Ord. No. 075,
2010, § 1, 7-6-10)
Sec. 5-266. Violation; minimum penalties.
For violations other than those committed as a result of any building, structure,
equipment or premises being found by the Building Official to be substandard, dangerous
or unfit for human occupancy, which violations and penalties are set forth in the IPMC as
adopted and amended in §§ 5-46 and 5-47, an owner, property manager or occupant who
violates §§ 5-264 and 5-265 commits a civil infraction and is subject to the provisions
contained in § 1-15. In addition, the Building Official may revoke or suspend any permit
or certificate issued by the City with respect to the dwelling.
17
(Ord. No. 124, 2005, § 10, 11-15-05; Ord. No. 085, 2008, § 2, 8-19-08; Ord. No. 109,
2008, § 13, 10-21-08)
Sec. 5-267. Responsibilities of owner.
Responsibility of owners shall be as described in the provisions contained in Section
107 of the IPMC, as amended and adopted in §§ 5-46 and 5-47.
(Ord. No. 124, 2005, § 10, 11-15-05; Ord. No. 109, 2008, § 14, 10-21-08)
Secs. 5-268—5-274. Reserved.
Subdivision C. Standards
Sec. 5-275. Minimum standards.
The minimum standards for rental housing shall be pursuant to the provisions of the
IPMC as adopted and amended in §§ 5-46 and 5-47.
(Ord. No. 109, 2008, § 15, 10-21-08)
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ARTICLE V
CONTRACTORS
Sec. 15-151. Intent.
The intent and purpose of this Article is to establish minimum qualification, liability
insurance and conduct standards for persons engaged in construction, alteration or repair
of buildings or portions thereof and for persons performing specialized trades as
regulated under this Article on such buildings, through the issuance of contractor licenses
and supervisor certificates as provided hereunder.
(Ord. No. 36, 2001, 3-6-01)
Sec. 15-156. Duties of Building Review Board.
The Building Review Board shall have the duties and perform the functions as set forth
in § 2-119 of the Code, which duties and functions include, without limitation, hearing all
matters related to the suspension or revocation of any supervisor certificate or license or
registration of any plumber or electrician as provided in the Code. The Building Review
Board is authorized, upon appeal in specific cases, to grant variances from the terms of
this Article, where the strict application of any provision of this Article would result in
peculiar or exceptional practical difficulties to or exceptional or undue hardship upon the
person or applicant regulated; or, when such applicant can demonstrate to the satisfaction
18
of the Board that the applicant possesses other qualifications not specifically listed in this
Article, such as specialized training, education or additional experience, which the Board
has determined qualifies the applicant to perform in a competent manner any construction
authorized under the license or certificate sought, and provided that such relief may be
granted without substantial detriment to the public good and without substantially
impairing the intent and purposes of this Article.
(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 4, 11-3-92; Ord. No. 120, 1995,
10-3-95; Ord. No. 36, 2001, 3-6-01)
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Sec. 9-1. Adoption of the International Fire Code, 2006 Edition.
Pursuant to the authority conferred by Article II, Section 7 of the Charter and by Section
31-16-201, et seq., C.R.S., there is hereby adopted by reference as the fire code of the
City, for the purposes of safeguarding of life and property from fire and explosion
hazards arising from the storage, handling and use of hazardous substances, materials and
devices, and from conditions hazardous to life or property in the occupancy of buildings
and premises, the International Fire Code, 2006 Edition, as promulgated by the
International Code Council. Except as any portion of this fire code is hereinafter added
to, deleted, modified or amended in this Chapter, this fire code shall include all articles
and appendices in the International Fire Code, 2006 Edition. Not less than three (3)
copies of this fire code shall be on file in the office of the Fire Marshal and may be
inspected at regular business hours and purchased from the Fire Prevention Bureau at a
price not to exceed eighty-seven dollars ($87.) per copy. The provisions of this fire code
shall be controlling within the limits of the City of Fort Collins.
(Code 1972, § 50-1; Ord. No. 192, 1986, § 1, 12-4-86; Ord. No. 15, 1990, § 1, 2-20-90;
Ord. No. 97, 1991, § 1, 8-20-91; Ord. No. 130, 1992, § 1, 1-5-93; Ord. No. 9, 1999, § 1,
1-19-99; Ord. No. 160, 2008, § 1, 1-6-09)
(8) Section 108.1 is deleted in its entirety and re-enacted to read as follows:
"108.1 Board of appeals established. In order to hear and decide appeals of orders,
decisions or determinations made by the fire code official relative to the
application and interpretation of this code, there shall be and is hereby
created a board of appeals to be known as the Fire Board of Appeals. The
members of the City of Fort Collins Building Review Board, as
appointed from time to time, shall constitute the Fire Board of Appeals.
The fire code official shall be an ex officio member of said board but shall
have no vote on any matter before the board. The board shall adopt rules
of procedure for conducting its business, and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the fire code
official."
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Sec. 9-3. Appeals.
Whenever the Fire Chief shall disapprove any application made pursuant to the Uniform
Fire Code, as amended, or refuse to grant a permit applied for thereunder or when it is
claimed that the provisions of the fire code do not apply or that the true intent and
meaning of the fire code have been misconstrued or wrongly interpreted or when any
person requests a variance from the literal terms of the fire code, the applicant or person
affected may appeal the decision of the Fire Chief to the Fire Board of Appeals
established pursuant to section 103.1.4 of the Uniform Fire Code. Such Board shall have
the power to vary or modify any requirement made by the Fire Chief thereunder,
provided that an appeal to the Board is made within thirty (30) days of the date of the
action complained of. Final decisions of the Board are subject to the right of appeal to the
City Council as contained in § 2-47 et seq., of this Code, except that the Fire Chief shall
be included as a party-in-interest with standing to appeal a decision which, in his or her
judgment, adversely affects public safety.
(Code 1972, § 50-4; Ord. No. 97, 1991, § 3, 8-20-91; Ord. 130, 1992 § 3, 1-5-93; Ord.
No. 9, 1999, § 3, 1-19-99)
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Sec. 5-347. Amendments and deletions to code.
The Uniform Code for Building Conservation adopted in § 5-346 is hereby amended
and changed in the following respects:
(1) Section 207 is amended to read as follows:
"Sec. 207. In order to provide for final interpretation of the provisions of this Code
and to hear appeals provided for hereunder, the Building Review Board,
as created by Section 2-117 of the Code of the city, is hereby empowered
to hear such matters under the procedures set forth in Section 5-27 of the
Code of the city."
(2) Section 301 is amended by revising the definition of the term, "HISTORIC
BUILDING," to read as follows:
"HISTORIC BUILDING is a building or structure that has been designated by
official action of the legally constituted authority of this jurisdiction as
having special historical, architectural or geographical significance. For
purposes of this code, this term shall also include buildings or structures
listed in the State Register of Historic Properties as published by the
Colorado Historical Society and the National Register of Historic Places
as published by the U.S. Department of the Interior."
20
(3) Chapter 6, HISTORIC STRUCTURES, is amended by deleting in entirety the
last sentence of Subparagraph 2 of Section 607—SPECIAL CHANGE OF
OCCUPANCY PROVISIONS.
(Ord. No. 24, 1994, 3-1-94; Ord. No. 85, 1998, 5-19-98)
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DIVISION 4. MOVING OF BUILDINGS
Sec. 5-61. Permit required for moving buildings on streets.
It shall be unlawful for any person to use or occupy any street, alley or other public
ground in the City for the purpose of moving a building or other structure across or
thereon without first having obtained a permit from the City Engineer.
(Code 1972, § 95-30(A); Ord. No. 222, 1998, § 3, 12-15-98)
Sec. 5-65. Revocation of permit.
Any permit granted may be revoked by the City Engineer upon written notice to the
holder of the permit if the permit holder fails to comply with the requirements of the
Code relating to the permit or for other good cause relating thereto. In the event of such
revocation, no fee paid shall be refunded. If any permit holder objects to the revocation of
a permit by the City Engineer, he or she may request a hearing on the question of
revocation before the Building Review Board created in § 2-117, which shall make the
final determination on the question.
(Code 1972, § 95-30(F); Ord. No. 222, 1998, § 3, 12-15-98)
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DIVISION 2. PERMIT, LICENSE, CERTIFICATE OF COMPLIANCE
Sec. 15-31. Required.
(a) No person shall conduct, operate or carry on an alarm business without first
applying for and receiving an alarm business permit in accordance with
provisions of this Article.
(b) No person shall engage in the business of repairing, servicing, altering,
replacing, removing, designing, maintaining, testing or installing alarm systems
on or in any building, structure or facility without first applying for and receiving
a special contractor alarm license in accordance with the provisions of this
Article.
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(c) No person shall install an alarm or alarm system, as defined in this Article,
without first applying for and receiving a building permit as required by this
Article.
(d) Certificate of compliance for alarm systems:
(1) No person shall use an alarm or alarm system, as defined in this Article, unless
the alarm or alarm system has been inspected by the Director of Building
and Zoning and a certificate of compliance for the alarm system has been
issued.
(2) No person shall receive a certificate of compliance for the alarm system or
renewal of such certificate without a written maintenance contract with a
licensed alarm business who shall be responsible for maintenance of the
alarm or alarm system for the specified duration of the contract. The
certificate of compliance for the alarm system is considered valid only
when a maintenance contract and all other provisions listed herein exist.
The certificate of compliance shall be kept on the premises where the
alarm system is located.
(Code 1972, § 32-5(A)-(D); Ord. No. 130, 2002, § 11, 9-17-02)
Sec. 15-40. Grounds for suspension or revocation.
The following shall constitute grounds for suspension or revocation of any license,
permit or certificate issued under this Article:
(1) The violation of any of the provisions of this Article;
(2) The failure to comply with requirements set forth or standards or regulations
adopted by this Article;
(3) When any alarm business permittee or special contractor is convicted of any
crime involving larceny, burglary, fraud or other crime which would cause the
honesty of the same to be suspect;
(4) When an alarm system actuates excessive false alarms and constitutes a public
nuisance;
(5) When the applicant or permittee, his or her employee or agent, has knowingly
made any false, misleading or fraudulent statement of a material fact in the
application for a permit or license or in any report or record required to be filed
with the City;
22
(6) When the applicant or permittee has had a similar-type permit or license
previously revoked for good cause within the past year unless the applicant can
show a material change in circumstances since the date of revocation.
(Code 1972, § 32-9(A)(1))
Sec. 15-41. Procedure for suspension or revocation.
(a) Determinations for suspension or revocation of any license, permit or
certificate issued hereunder shall be made by the Building Review Board in the
same manner as set forth in § 15-158 for suspension or revocation of contractors'
licenses.
(b) The determination of the Building Review Board with regard to matters of
suspension or revocation shall be appealable to the City Council, provided that a
notice of appeal is filed with the City Clerk within ten (10) days after the action of
the Board. The City Clerk shall transmit such appeal to the City Council at the
next meeting of the City Council held not less than two (2) days after filing of the
notice of appeal. Upon receipt of the appeal, the City Council shall set a time for
hearing of the appeal and shall give notice to the person making the appeal of the
time and place of the hearing. Appeals shall be heard and decided as determined
by the City Council.
(c) Any order of suspension or revocation made by the Building Review Board
shall be effective upon delivery of the order personally to the person holding the
license, permit certificate or forty-eight (48) hours after deposit of the order in the
mail.
(d) All revocations or suspensions shall remain effective pending determination of
any appeal to the City Council. All appeals shall be heard by the City Council
within thirty-one (31) days after the date of the City Council meeting at which the
appeal was presented.
(Code 1972, § 32-9(A)(2), (B))
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Sec. 15-172. License and registration required; suspension; revocation.
(a) No person shall engage in the business of contracting for the installation of
electrical work in the City without registering as an electrical contractor with the
Department of Building and Zoning. In order to register as required herein, the
person must perform the following:
23
(1) Be licensed as a master electrician by the State Electrical Board or have an
employee so licensed. The registration required herein shall be valid only
as long as the registrant is licensed or employs a person so licensed;
(2) Observe all laws relating to safety of employees and the public at all times.
Every such contractor shall maintain workers' compensation insurance as
required by state law, and public liability insurance in the minimum
amounts as follows: One hundred fifty thousand dollars ($150,000.) per
person, four hundred thousand dollars ($400,000.) per accident, and four
hundred thousand dollars ($400,000.) per accident involving public
property.
(3) Pay a registration fee of fifty dollars ($50.) to the City, valid for a period of one
(1) year from the date of payment;
(4) Provide supervision and maintain licenses as required by the State Electrical
Board for all apprentice and journeyman electricians.
(b) The Building Review Board, as established in § 2-117, shall conduct any
hearings relating to suspension or revocation of any electrical contractor
registration for just cause under the procedures as set forth therein. The Board
may, on its own motion or shall at the request of the appellant, augment its
membership by two (2) master electricians to conduct any hearing involving
suspension or revocation of an electrician's registration.
(Code 1972, § 47-10(B), (C); Ord. No. 22, 1987, § 3(47-10(B), (C), 2-17-87; Ord. No.
130, 2002, § 12, 9-17-02)
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Sec. 15-306. General provisions, licensing and registration.
(a) No person shall engage in the trade, business or calling of a plumber or
plumbing in the City until he or she shall register with the Department of Building
and Zoning as a plumber. For the purpose of this Section, plumbing contractor
means any person, firm, partnership, corporation, association or combination
thereof who undertakes or offers to undertake for another the planning, laying out,
supervising and installing or the making of additions, alterations and repairs to
potable water supply and distribution pipes and piping, plumbing fixtures,
drainage and vent pipes and building drains, including their respective joints and
connections, devices, receptacles and appurtenances. A registered professional
engineer who plans or designs plumbing installations shall not be classified as a
plumbing contractor.
(b) No person shall engage in the business of a plumbing contractor in the City
without registering as a plumbing contractor with the Department of Building and
24
Zoning. In order to register as a plumbing contractor, the person desiring to
engage in such business must do the following:
(1) Be licensed as a master plumber by the State Examining Board of Plumbers or
have an employee so licensed and registered. The registration as a
plumbing contractor shall be valid only so long as the person registered is
so licensed and registered or employs a person so licensed and registered;
(2) Observe all laws relating to safety of employees and the public at all times.
Every such contractor shall maintain workers' compensation insurance as
required by state law and public liability insurance in the minimum
amounts as follows: One hundred fifty thousand dollars ($150,000.) per
person, four hundred thousand dollars ($400,000.) per accident, and four
hundred thousand dollars ($400,000.) per accident involving public
property;
(3) Pay a registration fee of fifty dollars ($50.) to the City, valid for a period of one
(1) year from the date of payment;
(4) Provide supervision and maintain licenses as required by the State Examining
Board of Plumbers for all apprentice and journeyman plumbers.
(c) The Building Review Board established by § 2-117 shall conduct hearings for
suspension or revocation of a plumbing contractor's registration as set forth
therein. The Board may, on its own motion or if requested by the applicant,
augment its membership by not more than two (2) additional registered plumbers
to conduct any hearing involving suspensions or revocation of a plumber's
registration.
(Code 1972, § 86-5(B); Ord. No. 21, 1987, § 3(86-5(B), 2-17-87; Ord. No. 130, 2002, §
12, 9-17-02)
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Sec. 18-3. Construction permit required; application; fees; issuance; appeals.
(a) Permit Required. It shall be unlawful to develop, construct, alter or enlarge
any mobile home park within the City without a valid permit issued by the
Building Official for the specific development, construction, alteration or activity
proposed.
(b) Applications. All applications for permits shall be made in writing to the
Building Official and shall contain the following:
(1) Name and address of the applicant.
25
(2) Name and address of the owner of the mobile home park.
(3) Location and legal description of the mobile home park.
(4) Complete plans and specifications of the proposed park (conforming with the
requirements of this Chapter, the Zoning Ordinance of the City, utility
design standards and street design standards as established by the City),
including the following specific information:
a. The area and dimensions of the tract of land.
b. The number, location and size of all mobile home lots.
c. The location, design and width of roadways and pathways.
d. The location of service buildings and any other proposed structures.
e. The location and size of water and sewer lines, riser pipes and fire hydrants,
and the location and details of lighting and electrical systems.
f. Identification of flood hazard areas and provisions for flood hazard reduction
as may be required elsewhere in this Code.
g. Complete landscaping plans identifying size and location of all plant materials,
irrigation systems and ground coverings.
h. Such further information as may be necessary to determine if the proposed
park will comply with this Code.
(c) Fees. All applications shall be accompanied by a fee equal to that set forth in
the City building code as adopted in Chapter 5 of this Code.
(d) Permit Issuance. When the activity as proposed in such application is
determined to comply with the requirements of this Chapter and any regulations
issued hereunder, and all other applicable City ordinances and regulations, a
permit shall be issued.
(e) Appeals. Any person whose application for a permit under this Chapter has
been denied may request and shall be granted a hearing on the matter before the
Building Review Board under the procedure provided by this Chapter.
(Ord. No. 159, 1987, 10-20-87)
Sec. 18-5. Notices of violations; hearings; orders.
26
(a) Notification. Whenever the Building Official determines that there are
reasonable grounds to believe that there has been a violation of any provision of
this Chapter or the regulations issued hereunder, the Building Official shall give
notice of such alleged violation in the following form:
(1) Such notice shall be in writing;
(2) Such notice shall include a statement of the reasons for its issuance;
(3) Such notice shall allow a reasonable time for the performance of any act it
requires;
(4) Such notice shall be served upon the mobile home park owner, mobile home
owner, agent or tenant, as the case may require, provided that such notice
or order shall be deemed to have been properly served upon such party
when a copy thereof has been sent by certified mail to said party's last-
known address as shown on the most recent real property tax rolls of
Larimer County, Colorado, or when such notice has been served by any
method authorized or recognized by the laws of Colorado for service of
process; and
(5) Such notice shall contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this Chapter and the regulations
issued hereunder.
(b) Hearings. Any person affected by any notice which has been issued in
connection with the enforcement of any provision of this Chapter or any
regulation issued hereunder may request and shall be granted a hearing on the
matter before the Building Review Board, provided that such person shall file
with the Building Official a written petition requesting such hearing and setting
forth a brief statement of the grounds therefor within ten (10) days after the day
the notice was served. The filing of the request for a hearing shall operate as a
stay of the notice and of the suspension until issuance of an order by the Board.
Upon receipt of such petition, the Building Official shall schedule a hearing of the
matter before the Board at its next regular meeting. At such hearing the petitioner
shall be given an opportunity to be heard and to show cause why such notice
should be modified or withdrawn.
(c) Findings and Remedies. After such hearing the Board shall make findings as
to compliance with the provisions of this Chapter and the regulations issued
hereunder, which findings shall be in writing and become a part of official
records. Upon failure to comply with any order of the Board sustaining or
modifying the notice of the Building Official, the mobile home park owner,
mobile home owner, agent or tenant shall be subject to all remedies as provided
by law.
27
(d) Final decisions of the Board are subject to the right of appeal to the City
Council as set forth in Chapter 2 of this Code.
(Ord. No. 159, 1987, 10-20-87)
Sec. 18-10. Mobile home rental units.
Every mobile home rental unit shall, in addition to the other applicable provisions of
this Chapter, conform to the following requirements:
(1) Every such mobile home rental unit shall conform to the housing standards
known as the "Non-Owner-Occupied Housing, Health, and Safety Code" of the
City as contained in § 5-236 of this Code.
(2) Every such mobile home rental unit (whether existing or new) shall conform
to the requirements of Subsection 18-8(a) and Paragraphs 18-8(c)(4) and (5) of
this Chapter.
(3) Every mobile home rental unit which is found not to conform with this Section
shall be brought into conformance within sixty (60) days following inspection.
The owner(s) and occupant(s) of every mobile home rental unit which is found
not to conform with this Section shall be notified as prescribed in this Chapter of
all deficiencies causing such nonconformity and corrective action necessary for
issuance of a certificate authorizing habitation. Subject to the right of appeal and
determination by the Building Review Board as set forth in § 18-5 of this
Chapter, every mobile home rental unit which is deemed to be deficient and is not
in substantial conformance with this Section within the time specified shall be
declared a public nuisance and be posted by the Building Official as being unfit
for habitation and shall be vacated within ten (10) days of such posting. Every
mobile home rental unit so posted shall not be permitted to remain in any mobile
home park more than ninety (90) days after the date of such posting.
(Ord. No. 159, 1987, 10-20-87)
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
Memorandum
Date: July 28, 2011
To: Building Review Board
From: Mike Gebo CBO
Ref: IPMC Appeals Review
With the hiring of Fred Ward, Building Services staffing levels are now such that we anticipate
being able to be more proactive in the enforcement inspections of rental properties. Inspections
ensure that rental housing habitability standards conform to the Structures and Premises
Condition Code of The City of Fort Collins, otherwise known as the 2006 International Property
Maintenance Code (IPMC). However, performing more inspections on rental properties may
generate more appeals for relief from the requirements and the appeals would be heard by this
Board. To prepare for any appeals, Board member Schneider asked staff to present an overview
of the appeals process from the inspection request through to the appeal and closing of the case.
Inspection Procedure
Rental housing inspections are performed upon request of the tenant and in some rare cases upon
request by the owner/manager. There is no cost to the tenant for an inspection.
1. Prior to any inspection the tenant will need to complete and submit the “Rental Housing
Investigation/Inspection Request” form (copy attached). This provides staff with basic
information to initiate a case file. Owner/manager name and contact number is required.
2. Phone contact is made with the tenant, and items of concern are discussed. Tenant is
informed that we will contact the owner/manager about the items. The owner/manager
will have the option of being present during the inspection.
3. If in the inspector’s opinion the conditions noted on the inspection request form are cause
for concern, than an inspection may be scheduled immediately, making contact with
owner/manager if possible. If the conditions appear to be general maintenance, the
inspection can be scheduled a few days out, (generally within 5 working days). The
inspector is to make contact with the owner/manager and notify him that an inspection
has been schedule. The owner/manager is invited to be present during the inspection.
4. Inspection is performed within 5 working days. The inspector may use the “Rental
Housing Minimum Requirements” (copy attached) as a basic guide to items to look at,
marking any deficiencies on the “Rental Inspection Report” (copy attached) and
identifying the degree of concern from General Maintenance, Moderate Hazard, to
Hazardous.
BRB Appeals Review
July 28, 2011
Page 2
5. The tenant is informed that the City will conduct all further contact through the
owner/manager. Tenant is advised to keep us informed as to repair work performed.
Inspection documentation is sent to the owner/manager within a week.
Post Inspection
1. Case is reviewed with staff, including photos taken. The City’s files are researched to
identify CO’s for multiple dwellings or past history of the rental unit, with any
outstanding issues to be addressed by letter.
2. A copy of the “Rental Inspection Report” is mailed to the owner along with the “Rental
Housing Inspection Information” form (copy attached). These 2 documents and any
outstanding issues letter constitute the inspection results, the hazard degree assigned,
timeframe and directions for repairs, and requirements to contact the City when
completed.
3. After the expiration of the repairs timeframe, the inspector will re-investigate the case by
contacting the tenant and the owner/manager to discuss the corrections made or not.
Certain circumstances may warrant an extension of time to correct all items noted.
4. After determining that no corrections have been made, the inspector raises the case to a
violation level and sends the owner/manager the “Order to Repair” (copy attached). This
order is now an appealable item. If no appeal is made and no corrections completed, the
owner/manager is issued a summons to appear in municipal court. Additionally,
depending upon the items to be corrected, notices of disconnection of utilities can be
issued and ultimately the revocation of the CO can be processed.
Appeal Filed
1. The owner/manager completes the “Request For Hearing By the Building Review Board”
(copy attached). Pays associated fees $50.00 and submits all information needed to
support the claim being made.
2. Staff reviews submitted documentation for completeness and detail. The appeal is
scheduled to a regular BRB meeting allowing approximately 3 weeks for the staff write-
up and over-view.
3. Staff write-up is to include a complete timeline of events of the case, all applicable Code
sections, issues to be resolved by the Board, and staff recommendation.
Appeal Process
1. The Board convenes a regular meeting with a quorum present. Staff to be present during
the appeal building official, city attorney, housing inspector, and other staff involved in
the case.
2. Appeal hearing is processed following the “Procedures for the Building Review Board
Hearing Appeals…” (copy attached).
Note: The Board may want to review these procedures for fairness and completeness, for
inclusion into the Bylaws, and to create a generic appeals process for all hearings.
3. Final decisions of the Board can be appealed to Council.