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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/16/2000 - SECOND READING OF ORDINANCE NO. 51, 2000, AMENDING ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: May 16, 2000 FORT COLLINS CITY COUNCIL Rich Kopp STAFF: Steve Roy SUBJECT: Second Reading of Ordinance No. 51, 2000, Amending Chapter 12, Article II, of the City Code Pertaining to Garbage and Refuse and Chapter 20,Article III of the City Code Pertaining to Weeds, Brush Piles and Rubbish. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. i r EXECUTIVE SUMMARY: Portions of Chapters 12 and 20 of the City Code contain very similar language and cover similar j types of nuisances. Chapter 12, Article II covers garbage and refuse and defines terms such as owner, occupant, property, refuse and rubbish. The bulk of Article II (Division 1) covers the prohibited accumulations of refuse and rubbish, while the remainder (Division 2) deals with the collection and removal of refuse and rubbish. Chapter 20, Article III, also covers rubbish, as well as weeds and brush piles. It contains many of the same definitions as Section 12,Article II. These Code provisions are so similar in nature, and contain so much duplicate language, it was felt they should be consolidated, making it easier for both staff and citizens to reference. Toward that end, redundant provisions in Sections 12-16 through 12-21 are being repealed; certain other provisions pertaining to rubbish accumulation are being transferred to Chapter 20;and the remaining provisions in Chapter 12 relating to rubbish collection are being consolidated in one division,which will remain in Article II of Chapter 12. Ordinance No. 51,2000,was unanimously adopted on First Reading on May 2,2000,and amends certain sections of the City Code pertaining to garbage, refuse, weeds,brush piles and rubbish. I AGENDA ITEM SUMMARY ITEM NUMBER: 15 DATE: May 2, 2000 • FORT COLLINS CITY COUNCIL Rich Kopp STAFF: Steve Roy SUBJECT: First Reading of Ordinance No. 51, 2000, Amending Chapter 12, Article II, of the City Code Pertaining to Garbage and Refuse and Chapter 20,Article III of the City Code Pertaining to Weeds, Brush Piles and Rubbish. RECOMMENDATION: Staff recommends adoption o CeOrc'li oceoPtReaydin EXECUTIVE SUMMARY: Portions of Chapters 12 and 20 of the City Code contain very similar language and cover similar types of nuisances. Chapter 12, Article II vets arba a and refuse and defines terms such as owner, occupant, property, re a bis e 1 icle II (Division 1) covers the prohibited accumulations of se an ` bbis w a re rider (Division 2) deals with the • collection and removal of re fu and re'"sh. a r 20, . le III, also covers rubbish, as well as weeds and brush piles. It con s many the same defim ions as Section 12,Article II. These Code provisions are so similar in nature,and contain so much duplicate language,it was felt they should be consolidated, making it easier for both staff and citizens to reference. Toward that end, redundant provisions in Sections 12-16 through 12-21 are being repealed; certain other provisions pertaining to rubbish accumulation are being transferred to Chapter 20;and the remaining provisions in Chapter 12 relating to rubbish collection are being consolidated in one division,which will remain in Article II of Chapter 12. In addition to transferring som rovis from h er t h ter 20,there are two substantive changes to Chapter 20. First, : ff is rec en additi of a new subsection(k)to Section 20-42,which would require bu nature a material in such a manner as to make it difficult to keep it neat and tidy, to fence the material if they are adjacent to a residential neighborhood. The City gets a significant number of complaints every year from citizens who reside near businesses that generate unsightly materials. Junk dealers and car repair businesses are two examples of those types of businesses that generate complaints. The second is a revision of Section 20-44 regarding the charges assessed for mowing weeds or removing rubbish. Currently the City charges twenty(20)percent of the costs of abatement. Staff is recommending that the fee be increased to fifty (50)percent. The abatement fee should serve as a deterrent to property owners letting their property go and then letting the City clean it up. It is believed a twenty(20)percent abatement fee is not enough incentive to cause more property owners to abate the nuisances. I DATE: May 2, 2000 2 ITEM NUMBER: 15 The following is a summary of the suggested changes needed to consolidate these various provisions of the Code,along with the one addition and one revision not currently contained in either chapter of the Code. Deletions from Chapter 12 Section 12-16 of the City Code would be amended by the deletion of the defmitions of"compost" and "garbage" and the definition of compost would be transferred to Section 20-41 of the Code. Sections 12-18 (Refuse and rubbish accumulation prohibited), 12-19 (Compost piles permitted if not nuisance), 12-20(Burning of anc ubb14,is bi ),a+2-21 (Abatement of nuisance) would be repealed and moved Chapt 0, o a�rdin changes. Sections 12-22 (Owners have 'm W r o ili for viol 'eons), 12-23 (Implementation) and 12-24(Violations and penalties),pertaining to the collection of rubbish,would remain in Article II of Chapter 12. The title of Article II of Chapter 12 would be amended to read "The Collection of Garbage and Refuse", and the titles of the two existing divisions of Article II would be repealed. Additions to Chapter 20 In Section 20-42 the word reCurb w :tl n Section 20-42(b), occupant would be added to the pars ing ru storage. In Section 20-42(c), occupant would again be add -ons ( ), (i) (j),would be added to include in Chapter 20 the provisions mm er Subs (k) would be added requiring businesses to keep a neat and tidy appearance or be screened from adjacent residential properties. In Section 20-43,the wording would be changed from"variances"to"exceptions". Subsection(d) from Chapter 12 would be added regarding composting. In Section 20-44,the administrative fee would be changed from twenty (20)to fifty (50) percent. . ORDINANCE NO. 51, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 12,ARTICLE II, OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO GARBAGE AND REFUSE AND CHAPTER 20,ARTICLE III OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO WEEDS, BRUSH PILES AND RUBBISH WHEREAS,provisions in both Chapters 12 and 20 of the Code of the City of Fort Collins (the "Code") contain similar language governing garbage and refuse nuisances; and WHEREAS, the Council has determined that it is in the best interests of the City to consolidate the regulations dealing with the accumulation of rubbish into one chapter of the Code; and WHEREAS, the Council has further determined that the fee for carrying charges and costs of administration as established in Section 20-44 of the Code should be increased from 20%of actual cost to 50% of actual cost; and WHEREAS, the Council has further determined that Section 20-42 of the Code should be amended by the addition of language requiring the proper and systematic maintenance of property and requiring the screening of any items of property which,by their fundamental nature, cannot be so maintained. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 12-16 of the Code of the City of Fort Collins is hereby amended by the deletion of the following definitions: fertiliting and eonditioring sail. Gm bag e shall mean solid wastes frarn the demestie and eerwnereiftl preparation Section 2. That Sections 12-18, 12-19, 12-20 and 12-21, shown below, are hereby repealed. 11 reftise shall L stored _ _d an the storage area Aft" refitse. Amy refidse or rttbbish whieh by its- stared.44te—wribet d size _fief._ c fdse rfOfn file Fl _Y__r .._ ..ty na :ners shallbe seettred •r- -1 vAtere they are not Tilled by arlirne4s ot wind or other elements and sereenet4 from view"vr the-street: (b) No person shall store or peirtirit to remain art any e person, 5 iy mmure,refuse, (e) No owner or oeettpant of my premises wltieh are atIjaeertt to any portion a eAtimal the tkeeumt4ation C G LL'_L __storage of arty mate 1 vAthin or _..Y__ seek tse, rtt (d) The property owners and the prime eafttraetars in eharge of my eonstmetio site 11 mairitftin the eanstruetion site _ _.eh _ __ei Ot a efts.. _ -d__Lh._L__tilt be pre-vented from being earried by the elements to adjoining premises. All refuse arid rt+bish from eanstreetion or _I aid aetivities ..hall L ]eked _ at the __d a being earried by the elements to adjoining premises. fire, Itealth or qafi�� hazard or harborage for rodents is urAavvfdi and is hereby dee1 d to be a rntisanee ..d _ mneenferming use of the premises. See. 12 19. Gompost piles permitted if not nuisance. -- --,--I pile shall be maintained to pre-vent it beearning rydisanee by r + c See. 12 20. Burning of refuse and rubbish r itt art _ that is d__....__d C r .. a 2 permit ffom the state Department of Het4th. in no event may mbbish or refuse Ide See. 12 Abatement _fnuis..___. within the eity and if it is fi5tind that any refidse, rubbish ar eampast exists ort wty property in violation of t1tis "iele,the Gity Martager shall in addition to any other aetion permit+ed tinder this Gode remove of eattse to be removed from the property t4l re4tse and rubbish fa�d on the premises or in the-a-deining streets umd a4leys and assess and eolleet a reasonable eharge from the owner or oeetipemt e4l in aeeer4anee with the natiee,rerneval an4 ftsessineat provisions of§ 20 4 1 et seq.,pertaining to Section 3. That the title of Article II of Chapter 12 of the Code of the City of Fort Collins is hereby amended to read "Collection of Garbage and Refuse". Section 4. That the titles "Division 1" and "Division 2" of Article II, Chapter 12 of the Code of the City of Fort Collins are hereby repealed. Section 5. That Sections 12-36, 12-37, 12-38 and 12-39 of the Code of the City of Fort Collins are hereby renumbered as Sections 12-18, 12-19, 12-20 and 12-21 respectively. • Section 6. That Section 20-41 of the Code of the City of Fort Collins is hereby amended by the addition of the following definition of the term "compost': Compost,shall mean miaturs consisting of decayed nrg&dc rtiatter used for I'llfertili2ing and Condit otung soil. Section 7. That the definition of`owner"as contained in Section 20-41 of the Code of the City of Fort Collins is hereby amended to read as follows: Owner or;occu,6 shall mean the fee owner of record or any agent or representative of such owner and any person entitled, by lease or tenancy, to possession of the premises. Section 8. That Section 20-42 of the Code of the City of Fort Collins is hereby amended to read as follows: See. 20-42. Nuisance declared; regulations. (a) All weeds, brush piles, unmowed grasses, refuse and rubbish on a property within the city are hereby declared to be a nuisance and a menace to the health and safety of the inhabitants of the city. 3 (b) It is unlawful for the owner or occupant of any property to permit refuse, rubbish or brush piles to accumulate on any part of the property. All refusetshallbe stored for prompt disposal on the premises in refuse containers and the storage area sha11 be kept free of loose refuse jAnyrefiise oz rubbish wluch'by rts:natureNis incapable of being stored,;m refuse'contain may,beneatly stacked or stored fot prompt drsposal The`number andx"size of refuse cbntmners`s)rall,bgasufgiento accommodate,the accumulatrdn ofrrefiise from3the property Contain ,hall bt secured and placed where Tar nscreened,� nit new of the street ark lare ri at sus�eeptibleto�iemgspillgd b�"anuririls or wind of'6t1Yer elements�9 (c) Except as is provided in subsection(d)of this Section, it is unlawful for the owner Q#occupant of any property to permit weeds and grasses to grow upon such property to a height of more than six(6) inches. (d) It is unlawful for the owner of any open area, ditch, ditch right-of-way or railroad right-of-way to allow the growth of weeds or grasses other than those grown for agricultural purposes upon such open area, ditch or right-of-way in excess of twelve (12) inches in height. (e) It is unlawful for the owner orsQccapantof any property to permit the growth of noxious weeds as designated by the Colorado Weed Law or Larimer County Weed District, regardless of height. (f) No persdh shall cause br alloVV fhe'diposair rirbbish bj?burning except in an incrneratoc=that rs designed far,suehtpurpose"arid pursuant,toiar operating gerrrtit from the state Department of Health In ago event may:rubbish nr zefu�e"fie burri�dYn'a stove pfireplace exoept�or�cleant,;, !;nnf"e�ted;v�bvc (g) No person sba11,'for a period longer than t4vertty four(24)hours at any one (1')"tiYue, stoi =,braixnit toemain�on ariy;busnress,}pommerctal or:° ndustttal pmraetmteirs oesr oanwyn feodunl roornouxrioeudsb rqsu- hp mkhf;reuse3 rrmaly n idwastewhich arvegetabla is hkely to becomelpii P,fr'e*s or,rnjlanous to;the piYb7rc healtti;'saety dr"us+elfare: (h) No owner or occupaant of any premises which are adjacent to any portaon,ot anopenarea,vacanttot,ditch;detentionpond storm drauiprwatezc0ursexiicause the atxumulation of refuse,xabbist,br swage of any n?atenal iwthin or uponxueh adjacent areas: (ij The property owners and the prime contractorsin ciiarge.of.any construction site shall maintain the construction site in sucha manner thatrefuse and rubbish will be prevented from being carried by the elements to iadjoining premises. All refuse and rubbish from construction or related activities shall be picked up at the end of 4 each workday and placed in containers which will prevent refuseand rubbish from being;carried by the elements to"adjoining premises. (j) The accumulation of refuse and rubbishrywluch cons#�tutesAor may create a fire;;health,or=safety hazard or harborage Afor rodents xs;nnvsfi and zsiereby declared to.beA.nuisance: (k) The owner11, occiipant of:any premises within the cit }whether business, commercial,industrial or residential premises,sliall inaintaintlie pzoperty in a neat, tidy;.methodical, systematic, clean and orderly condition?,pezmtting xao deposiC:or accumulation of materials'other than thoeordinanl attendt upotxthe use for which thespremises .areulegally intended Ifs pr4pert� trC1orarpurpose (rncludxng,without hmitaxrrn,aat�zxkd�iuluchbjitsii?dtti natte,cavirtt be maintaiued ? b�ref e oayen; � af�ckedas requelaSp h portion thereo£i shall be Corripletely screened from publxosnew anddiom"tle view of any;abutting propgrty#Kis us4j residenual purposesry Section 9. That Section 20-43 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-43. Vitrii<.ne"Esceptions. . (a) An owner of a tract of land that has been certified as a backyard wildlife habitat may have a brush pile not to exceed eight(8) feet by eight (8) feet wide by three(3)feet in height if it is permitted by the terms of the backyard wildlife habitat certification or the natural areas certification. (b) An owner of a tract of land that has been certified as a xeriscape is permitted to have grasses growing in excess of six(6)inches in height.This varianeeexcepki©n will be limited to the grass species identified with the certification document. (c) An owner of a tract of land that has been certified as a natural area is permitted to have grasses growing in excess of twelve (12) inches high. This variaaeeexception will be limited to the grass species and areas of the site identified with the certification document. (d) An occupant of any single-family or two-familyresidericemay;anaintaina compost pile that is a°sepamted:area containiag�aitematerlayers o£P9, refuse materials and'soil,maintained "to' facilitate. decomposition,and produne"organic material to be used as'a:soil,conditioner. Any such compost pile:s MU be so maintained asto preyent'it.becominwal nuisanceby°putrefying or attracting insects or animals. 5 Section 10. That Section 20-44(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-44. Removal procedure; assessment of removal costs. (a) The City Manager is authorized and directed to give notice to any owner whose property, open area, ditch or right-of-way is being kept or maintained in violation of the provisions of this ArticleOL 26d-tiele H of Chapter 1-2 regarding itibbish and refdse. Such notice shall be deposited in the United States mail, ad- dressed to the owner of record at the address on the assessment roll of the Larimer County Assessor or may be served upon such person personally. The notice shall state that if the offending weeds and/or grasses are not cut or eradicated (as applicable), and/or the offending brush pile,refuse and/or rubbish are not removed, from such property,open area,ditch or right-of-way on or before five(5)days from the date of such notice,it will be done by the city and the cost,including the cost of inspection, the cost of any grading or sloping necessary to protect the public safety and other incidental costs in connection therewith and an amount not to exceed twenty- (20) fifth'-;(50) percent of the costs for carrying charges and costs of administration will be charged against the property,open area,ditch or right-of-way. With respect to rubbish only, the notice shall also state that if said owner desires a hearing before the City Manager to contest the declaration of nuisance and/or the removal,such owner shall request such hearing within five(5)days of mailing of the notice and shall further state that if a request for such hearing is made,the city will remove the rubbish in accordance with subparagraph (b) below and will store the material pending the holding of the hearing and the determination therefrom. The notice shall further state that if no request for such hearing is timely filed, the city will remove the rubbish in accordance with subparagraph(b)below and shall destroy or otherwise dispose of the rubbish. Introduced and considered favorably on first reading and ordered published this 2nd day of May, A.D. 2000, and to be presented for final passage on the 16th day of May, A.D. 2000. Mayor ATTEST: City Clerk 6 • Passed and adopted on final reading this 16th day of May, A.D. 2000. Mayor ATTEST: City Clerk • • 7