Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/18/2004 - ITEMS RELATING TO THE ENFORCEMENT OF THE NUISANCEAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 21 A-E DATE: May 18, 2004 STAFF: Darin Atteberry Steve Roy SUBJECT Items Relating to the Enforcement of the Nuisance Provisions of the City Code. RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 071, 2004, Amending Sections 20-21 and 20-22 of the City Code Pertaining to Unreasonable Noise. B. Second Reading of Ordinance No. 072, 2004, Amending Article VIII of Chapter 20 of the City Code Pertaining to the Abatement of Public Nuisances. C. Second Reading of Ordinance No. 073, 2004, Amending Section 4-94 of the City Code Pertaining to the Disturbance of Peace and Quiet. D. Second Reading of Ordinance No. 074, 2004, Amending Article III of Chapter 20 of the City Code Pertaining to Weeds, Brush Piles and Rubbish. E. Second Reading of Ordinance No. 075, 2004, Amending Article III of Chapter 20 of the City Code Pertaining to the Outdoor Storage of Materials (Option A or Option B). These Ordinances were presented for Council's consideration as a result of the ongoing efforts of the Neighborhood Quality of Life Task Force. This task force has been formed to address quality of life issues in the City's residential neighborhoods. Ordinance No. 072, 2004, Ordinance No. 073, 2004 and Ordinance No. 075, 2004, were adopted 6-1 (Councilmember Kastein opposed), on First Reading on May 4, 2004. Ordinance No. 071, 2004 and Ordinance No. 074, 2004 were unanimously adopted on First Reading on May 4, 2004. After First Reading, the City Attorney's Office was directed to draft an alternative to Ordinance No. 075, 2004 exempting materials stored under covered carports. Two options are presented for Council to consider on Second Reading: Option A - the Ordinance as adopted on First Reading; or Option B - exempting materials stored outdoors, but under covered carports. May 18, 2004 -2- Item No. 21 A-E Staff recommends that carports not be made an exception to the outdoor storage requirements. It becomes problematic from an enforcement standpoint as people will then use their carport to store material that is even more objectionable than we now see, such as automotive parts, trash, garbage, yard waste, etc. ORDINANCE NO. 071, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 20-21 AND 20-22 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO UNREASONABLE NOISE WHEREAS, Section 20-22 of the City Code states that no person shall make, continue or cause to be made or continued any unreasonable noise; and no person shall knowingly permit such noise upon a premises or in or upon any vehicle owned or possessed by such person or under such person's control or operation; and WHEREAS, Section 20-21 of the City Code defines the term "unreasonable noise" as any sound of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the City or any portions thereof, but excludes all aspects of the employer/employee relationship concerning health and safety hazards within the confines of a place of employment; and WHEREAS, in enforcing these provisions of the City Code, law enforcement personnel are required to exercise judgment and discretion in determining whether a particular noise is unreasonable under all the attendant circumstances; and WHEREAS, City Staff believes that it would be helpful for Council to amend the definition of unreasonable noise so as to clarify the factors that should be taken into consideration by law enforcement officers and by the Municipal Judge in determining the existence of unreasonable noise; and WHEREAS, it is also sometimes difficult for law enforcement officers to determine which persons are in control of premises upon which unreasonable noise occurs; and WHEREAS, the definition of unreasonable noise should be amended to delete unnecessary and potentially confusing language; and WHEREAS, the problem of unreasonable noise is a growing concern within the City, especially with regard to noisy parties and other gatherings in particular areas of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition of "unreasonable noise" contained in Section 20-21 of the City Code is hereby amended to read as follows: Sec. 20-21. Definitions. . . . . . Unreasonable noise shall mean any sound of such level and or duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property, but excludes all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment. Section 2. That Section 20-22 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-22. Unreasonable noise prohibited. (a) No person shall make, continue or cause to be made or continued any unreasonable noise; and no person shall knowingly permit such noise upon any premises or in or upon any vehicle owned or possessed by such person or under such person's control or operation. (b) For purposes of this Section, members of Police Services are empowered to make a prima facie determination as to whether a noise is unreasonable, which determination may be based upon, but need not be limited to, a consideration of the following factors: the time of day; the size of any gathering of persons creating or contributing to the noise; the presence or absence of noise amplification equipment; and any other factors tending to show the magnitude and/or disruptive effect of the noise. (c) In any prosecution charging a violation of this Section, proof that the owner or tenant of the premises upon which the unreasonable noise occurred was present at the time of the violation shall constitute prima facie evidence that such person was in control of the premises and knowingly permitted the violation to occur. Introduced and considered favorably on first reading and ordered published this 4th day of May, A.D. 2004, and to be presented for final passage on the 18th day of May, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of May, A.D. 2004. Mayor ATTEST: City Clerk ORDINANCE NO. 072, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE VIII OF CHAPTER 20 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE ABATEMENT OF PUBLIC NUISANCES WHEREAS, Article VIII, Section 20 of the City Code establishes a procedure for abating public nuisances; and WHEREAS, the term "public nuisance" is defined in Section 20-111 of the Code as three or more separate Code violations within a twelve month period or five or more separate violations within a 24 month period if the conduct of persons permitting such violations was such as to annoy or disturb the peace of the residents in the vicinity of the parcel of property in question or other passersby on public rights-of-way; and WHEREAS, in order to afford property owners every opportunity to remedy such public nuisances without the need for court proceedings, the aforementioned definition of public nuisance also requires the City to send notices by certified mail to the owners and tenants or occupants of the properties in question before a public nuisance abatement action can be commenced under the procedures described in Code Section 20-115; and WHEREAS, the City Council is interested in strengthening the provisions of this Article so as to be able to proceed more expeditiously against the owners and occupants of properties who fail to take affirmative steps to remedy Code violations occurring on their property after receiving multiple notices from the City regarding such violations; and WHEREAS, toward that end, the City Council believes that it would be in the best interests of the City to allow the commencement of a public nuisance abatement action after the occurrence of a second separate violation unless the owner of such property can demonstrate, to the satisfaction of the City Manager, that he or she is taking reasonable steps to abate the nuisances referenced in the two violation notices received by the property owner. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 20-111 of the Code of the City of Fort Collins is hereby amended so as to delete the definition of "public nuisance" contained therein. Section 2. That Section 20-113 of the Code of the City of Fort Collins is hereby amended by the addition of the following new subparagraph (c) so as to read in its entirety as follows: Sec. 20-113. In general. . . . . . (c) Except as provided below, a "public nuisance" shall mean the condition or use of any parcel within the city limits, on or in which three (3) or more separate violations have occurred within a twelve-month period or five (5) or more separate violations have occurred within a twenty-four-month period, if, during each such violation, the conduct of the person(s) committing the violation was such as to annoy or disturb the peace of the residents in the vicinity of the parcel or of the passers-by on the public streets, sidewalks and rights-of-way in the vicinity of the parcel; provided, however, that: (1) within thirty (30) days of each such separate violation, except the final separate violation needed to prove a public nuisance under this Article, the city has sent by certified mail to the owner(s) and tenant(s) or occupant(s) of the parcel, a notice of violation; and (2) the last separate violation needed to prove a public nuisance under this Article occurred no less than forty-five (45) days after the date of mailing of the last notice of violation. Notwithstanding the foregoing, a public nuisance may also be considered to exist on a parcel if: (1) two (2) or more separate violations of the same section of the Code nature described above have occurred on the parcel within a six month period, (2) the nuisance abatement officer, in his or her discretion, has requested a hearing before the City Manager and has so notified the owner, occupant and property manager of such parcel (if known to the city), and (3) any owner, tenant and/or property manager appearing at such hearing has failed to demonstrate, to the satisfaction of the City Manager, that he or she has undertaken and proceeded with due diligence to use reasonable means to avoid a recurrence of similar violations on the parcel by the present or future tenants or occupants of the parcel, and the City Manager determines that a public nuisance exists on such parcel. In making this determination, the City Manager shall be guided by, but not limited to, the criteria contained in § 20-116(a)(1) and (2). The City Manager shall adopt administrative regulations establishing standards to be used by the nuisance abatement officer in determining whether to request such a hearing, as well as procedures for scheduling and conducting the same, which procedures shall afford the affected property owners, occupants, and/or property managers reasonable notice and an opportunity to be heard. The standards to be used by the nuisance abatement officer in determining whether to request a hearing shall include, but need not be limited to, the period of time between the separate violations, the owner or property manager's response to the first notice of violation, and any aggravating circumstances related to either violation. If the owner, tenant and property manager all fail to appear at such hearing, after reasonable notice, or if the City Manager determines, after such hearing, that a public nuisance exists on a parcel pursuant to the provisions of this paragraph, the city may commence a public nuisance action under § 20-115 on the basis of the two (2) separate violations and no additional separate violations. Nothing herein shall be construed to relieve the city of the obligation to send, by certified mail, notices of the two (2) violations as required above. Introduced and considered favorably on first reading and ordered published this 4th day of May, A.D. 2004, and to be presented for final passage on the 18th day of May, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of May, A.D. 2004. Mayor ATTEST: City Clerk ORDINANCE NO. 073, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 4-94 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE DISTURBANCE OF PEACE AND QUIET WHEREAS, Section 4-94 of the City Code prohibits the owner or keeper of an animal from permitting such animal to disturb the peace and quiet of any person by barking, whining, howling, yowling, squawking or making any other noise in an excessive continuous or untimely fashion; and WHEREAS, such Section further provides that no such owner or keeper shall be charged with a violation thereof unless they or a member of their household over the age of 18 years has received a warning from the City of a previous complaint at least once within the preceding 12 months; and WHEREAS, City staff has recommended that this mandatory warning provision be removed from this Section so that, in aggravated situations or in the case of repeat offenders, citations can be issued for violation thereof even if no warning has been issued to the owner or keeper of such animal within the preceding twelve (12) months; and WHEREAS, the City Council agrees that, in order to better enforce the provisions of this Section of the Code, the recommended amendment should be made by the Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 4-94 of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec. 4-94. Animal disturbance of peace and quiet prohibited. No owner or keeper of an animal shall permit such animal to make unreasonable noise or disturb the peace and quiet of any person by barking, whining, howling, yowling, squawking or making any other noise in an excessive, continuous or untimely fashion. For purposes of this Section, unreasonable noise shall mean any sound of such level and duration as to be, or tend to be, injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property. No person shall be deemed guilty of a violation of this Section unless the investigation of such violation was undertaken by the City because of a citizen complaint Introduced and considered favorably on first reading and ordered published this 4th day of May, A.D. 2004, and to be presented for final passage on the 18th day of May, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of May, A.D. 2004. Mayor ATTEST: City Clerk OPTION “B” ORDINANCE NO. 075, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE III OF CHAPTER 20 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE OUTDOOR STORAGE OF MATERIALS WHEREAS, City staff receives complaints from neighbors and other citizens regarding the unsightliness and hazards of outdoor storage of materials in residential neighborhoods; and WHEREAS, commonly, the types of materials complained about do not constitute rubbish or refuse, but are materials that the property owners or occupants are storing for possible future use; and WHEREAS, Council believes that the visible, outdoor storage of such materials constitutes a nuisance and should be prohibited. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that a new Section 20-42.6 is hereby added to the Code of the City of Fort Collins and reads in its entirety as follows: Sec. 20-42.6. Outdoor storage of materials. No owner or occupant of any residential premises shall permit the outdoor storage on such premises of materials not customarily stored outdoors in residential neighborhoods, such as, but not limited to, construction materials, tires, and household appliances, if such materials are visible from any public street, sidewalk, alley or from the ground level of abutting properties. Notwithstanding the foregoing, outdoor storage of such materials in covered carports is permitted and construction materials may be stored outdoors on residential premises for a period not to exceed nine (9) months, or for such longer period of time as may have been approved by the City Manager, if such materials are being used in the construction of a structure for which a building permit has been issued by the city. Introduced and considered favorably on first reading and ordered published this 4th day of May, A.D. 2004, and to be presented for final passage on the 18th day of May, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of May, A.D. 2004. Mayor ATTEST: City Clerk