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Home My WebLink AboutWORK SESSION SUMMARY-03/26/2024-Work Session City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com MEMORANDUM DATE: April 2, 2024 TO: Mayor and City Council THRU: Kelly DiMartino, City Manager Tyler Marr, Deputy City Manager FROM: Sylvia Tatman-Burruss, Sr. Project Manager Ginny Sawyer, Lead Project Manager RE: Work Session Summary –March 26, 2024: Occupancy Item Mayor Arndt, Mayor Pro Tem Francis and Councilmembers Canonico, Pignataro, Potyondy, Gutowsky, and Ohlson were present. Staff presented an update and overview of HB 1007 and occupancy options. Discussion included:  The reliance on health and safety regulations going forward (assuming passage of HB 1007).  Overview and questions regarding existing ordinances and policies for addressing property maintenance and nuisance issues.  Acknowledgement of enforcement challenges in using square footage per person or occupancy language in the International Building Code (IBC) or International Property Maintenance Code (IPMC) to regulate residential occupancy.  Questions regarding existing building and property codes.  Desire to discuss options further at the scheduled May 14, 2024 work session. Next steps:  Continue to monitor HB24-1007 and any amendments that may occur prior to receiving the Governor’s signature.  Continue to refine possible options with staff based on Council feedback.  Next Council Work Session currently scheduled for May 14th.  Review potential options with the Planning & Zoning Commission at their May Work Session. Follow Up Items: The following information is provided based on discussion and questions raised during the work session. Staff did mis-speak in saying that elements of the IBC or IPMC would need to be adopted back into our code. Should HB 1007 pass, language regarding occupancy would need to be removed from the Land Use Code. Any additional code amendments would be optional based on Council desire. Information below includes existing ordinances, policies, and programs related to property maintenance and where applicable data related to recent violations and rates of compliance. DocuSign Envelope ID: 88276C23-21F1-4DB7-8F39-665257A76699 2 Building Code Requirements To address life-safety and maintenance issues within existing structures, the City of Fort Collins has adopted the 2021 International Property Maintenance Code, with amendments. These codes provide general maintenance requirements for all existing structures (commercial and residential, primary and secondary, rental and owner-occupied) including but not limited to:  Exterior and Interior Structure: Shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.  Systems: All HVAC, electrical and plumbing facilities and equipment shall be maintained in safe condition and good working order.  Fire safety Requirements: o Smoke and Carbon monoxide alarms must be provided as required o Emergency escape and rescue openings and means of egress must be maintained o Installed fire rated assemblies and fire suppression systems must be maintained  Vacant Structures: o Vacant structures must be secured in accordance with a specific boarding standard to not allow illegal occupancy, trespassing or cause a public nuisance. o Must maintain structural integrity of the structure. Separating life-safety from deferred maintenance requires some discretion i.e. minor peeling or fading exterior paint would not be a violation unless or until it affected building integrity (rotting siding or trim, causing a leak into the structure, or significant portions of raw building materials exposed). When violations are confirmed, staff will send a notice to the owner. Depending on the severity of the violation the timeline to comply varies between 24 hours and 30 days. Staff will always seek voluntary compliance first and if significant progress is being made, timeline extensions can be and are granted. If no communication is established between the owner and staff, and no progress is made, enforcement will escalate to a civil citation. Violations by year* Verified Complied Open 2024 to date 61 26 35 2023 207 151 56 2022 173 153 20 *Building Services violations including: Stop Work Orders, Rental Inspection and Property Maintenance. Municipal Code Requirements Public Nuisance Ordinance • Updated in 2022 • Regulates two types of nuisances: • Public Nuisance and Chronic Nuisance DocuSign Envelope ID: 88276C23-21F1-4DB7-8F39-665257A76699 3 A “nuisance activity” defined in the PNO includes 66 categories of various criminal and civil violations happening on the property that individually, or in combination, result in either a public nuisance or chronic nuisance property. A “public nuisance” is more generally defined, while the definition of a “chronic nuisance property” is tied to a certain number of nuisance activities occurring on a property within a set period. Nuisance Data 2021 2022 2023 Total cases 7,661 10,269 8,556 % complaint-based 46% 30% 32% % pro-active patrol 54% 70% 68% % voluntary compliance 92% 89% 92% Total citations 61 39 42 Total abatements 541 1,247 719 2022 had an unusually high amount of snow cases which impacts the percentage of voluntary compliance and the number of abatements.  Top 3 case types in all three years: Weeds/tall grass; Snow; and Rubbish  2024 to date, we have reviewed 5 properties and sent 3 violation letters, 1 abatement plan has been signed.  Chronic nuisance cases include 4 cases with high levels of police responses – mostly drug- related – 1 was party nuisances; 8 nuisance cases – weeds, rubbish, and in operable vehicles; 2 animal control cases; 2 meth properties; 1 abandoned property; and 1 property maintenance code and building code case. Yard Maintenance Fort Collins Municipal Code 20-31 Yard Maintenance: No less than eighty (80) percent of any yard area, excluding sidewalks and driveways, shall be covered with grass, ground cover plants or other landscaping material, such as mulch, decorative gravel, stone, or paving bricks. Rental Registration Program The Rental Housing Registration Program is a new program whereby all residential properties in Fort Collins will be registered with the City of Fort Collins. The program began in 2024 and is currently seeking voluntary compliance of properties. There are monetary incentives available to landlords who register in 2024. Mandatory registration will begin in 2025. DocuSign Envelope ID: 88276C23-21F1-4DB7-8F39-665257A76699 Forestry Division 413 S Bryan Ave PO Box 580, Fort Collins, CO 80522 970-221-6660 forestry@fcgov.com Page 1 of 2 MEMORANDUM Date: April 2, 2024 To: Mayor and City Councilmembers Through: Kelly DiMartino, City Manager Tyler Marr, Deputy City Manager Dean Klingner, Community Services Director From: Kendra Boot, City Forester Subject: March 26, 2024 Work Session Summary: Urban Forest Strategic Plan Findings and Proposed Direction BOTTOM LINE The purpose of this memo is to document the summary of discussions during the March 26, 2024 Work Session. All Councilmembers were present. A presentation of the findings and recommendations of the Urban Forest Strategic Plan process was provided to Councilmembers. Staff and the Davey Resource Group consultant shared that city-wide there is 14% canopy cover (includes both public and private trees) and 13% overall when including the Growth Management Area. A summary of the community engagement process was provided, and staff shared the broad sentiment of trees in the community, a vision for the urban forest, as well as future challenges. Overall, the Councilmembers supported the direction of the Urban Forest Strategic Plan effort. BACKGROUND Staff heard various feedback and suggestions including: o More emphasis on the broad benefits of the urban forest in Fort Collins, including and especially bird and wildlife habitat. o More connection of the urban forest to the seven City Strategic Outcomes Areas i.e. How does the urban forest support Economic Health, etc.). DocuSign Envelope ID: 9B6442A5-6740-47FB-8892-C19293780D01 o Clarify how trees fit in as we move toward a more water-wise landscape and how trees can support multiple objectives in a changing climate. o Clarify and educate responsibilities for private trees between neighbors as well as other education and outreach opportunities to help support both community members and tree canopy. Land Use Code (LUC) tree policies recommended in this plan will be developed and brought forward in the upcoming LUC workstreams to surface the trade-offs and tensions between priorities to achieve the right balance. NEXT STEPS Staff will be presenting a draft plan to the Urban Forest Strategic Plan Steering Committee in May. Staff are scheduling Board and Commission visits for the month of May to seek feedback and support for a draft plan. Land Use Code tree-related policies are currently scheduled for the June 11, Council Work Session, along with other Phase II scoping discussions. Staff is planning to bring the Final Plan back to Council in August 2024. DocuSign Envelope ID: 9B6442A5-6740-47FB-8892-C19293780D01