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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/17/2004 - FIRST READING OF ORDINANCE NO. 029, 2004, AMENDINGAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 19 DATE: February 17, 2004 STAFF: Rich Kopp Larry Schneider SUBJECT First Reading of Ordinance No. 029, 2004, Amending Chapter 20, Article III of the City Code Concerning the Prohibition of Indoor Furniture in Certain Outdoor Locations. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY This Ordinance revises Sections 20-41 and 20-42.5 of the City Code. The proposed changes would modify the existing ban on using or keeping indoor furniture in certain outdoor locations, so as to make it a violation to keep such furniture in any yard or on any porch where the furniture is visible to the public or visible from the ground level of adjacent property. BACKGROUND In the past few years, both staff and Council have received many calls from citizens regarding indoor furniture left outdoors in yards or in unenclosed structures to deteriorate. The primary concern is that such furniture is an eyesore to neighbors and passersby in the public right-of-way. In an attempt to remedy this problem, Ordinance No. 128, 2002, was adopted on September 3, 2002. That Ordinance prohibits indoor furniture in front yards and side yards and in rear yards that are adjacent to streets other than alleys. It also prohibits such furniture on uncovered porches. The ban on such furniture in outdoor locations is subject to certain exceptions. The Code Compliance Office attempts to enforce this Code provision by sending a notice of violation to the property owners and tenants. The notice allows the property owner seven days to correct the problem. If the problem is not corrected by the property owner or tenants within the time allowed, the property owner or tenants may be issued a summons to appear in court. February 17, 2004 -2- Item No. 19 In the past few months of enforcement, there have been a number of staff questions regarding the Code’s language and definitions. The proposed amendments are intended to address those issues and simplify enforcement. The Ordinance would: • Prohibit the storing of upholstered chairs, couches and mattresses in any yard or on any porch, patio, or other unenclosed structure where the furniture is visible from a public right- of-way or from the ground level of adjacent property. • Amend the definition of "yard" in Section 20-41 by deleting side yard and rear yard, and repeal the provision in Section 20-42.5 that provides a specific defense if the furniture is located in a rear yard but is not visible from a public right-of-way. (Since the revised Ordinance prohibits furniture in any yard, these provisions are unnecessary. The other two remaining defenses would allow indoor furniture to be kept in a yard temporarily if it is in the process of being removed from the premises or if it is being offered for sale.) • Make property owners and property managers liable for knowingly permitting violations of these Code provisions. ORDINANCE NO. 029, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 20, ARTICLE III OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING THE PROHIBITION OF INDOOR FURNITURE IN CERTAIN OUTDOOR LOCATIONS WHEREAS, by Ordinance No. 128, 2003, the City Council added a new Section 20-42.5 to the City Code which prohibits indoor furniture in certain outdoor locations; and WHEREAS, the Council now desires to amend Sections 20-41 and 20-42.5 by extending the outdoor furniture restriction to all yards, whether adjacent to a public street or not, and by making certain other related changes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition of “yard” as contained in Section 20-41 of the Code of the City of Fort Collins is hereby amended to read as follows: Yard shall mean the open space between buildings and property lines at the front, rear and sides of a property. On a corner lot, the front yard shall be considered to be the open space adjacent to the shorter street right-of-way. The rear yard shall be considered to be the area located on the opposite side of the lot from the front yard. The side yard shall be considered to extend the full length of a lot as if a line running along the edge of a building was extended to intersect with the front and rear property lines. Section 2. That Section 20-42.5 is hereby amended to read in its entirety as follows: Sec. 20-42.5. Outdoor furniture restriction. (a) The kKeeping of upholstered furniture which is not manufactured for outdoor use in outdoor areas where such furniture is exposed to the elements and visible to neighbors and passersby in the public right-of-way is hereby declared to be a nuisance. Accordingly, no person shall place, use, keep, store or maintain any upholstered furniture not manufactured for outdoor use, including, without limitation, upholstered chairs, upholstered couches and mattresses, in any of the following places: (1) In any front yard; (2) In any side yard; (3) In any rear yard or other yard that is adjacent to a public street other than an alley; or (4) Oor on any uncovered porch, patio or other unenclosed structure where such furniture is visible from a public right of way or from the ground level of adjacent property, and no property or property manager shall knowingly permit any such activity to occur on property owned or managed by such person located in or adjoining any of the yards described in paragraphs (1) through (3) above. (b) The foregoing is hereby declared to be a nuisance and a menace to the health and safety of the inhabitants of the city. (cb) The following shall constitute specific defenses to any alleged violation of this Section: (1) That such furniture was placed in the location in question in order to allow it to be moved during a move of a resident or residents of the premises or has been removed as part of a trash or recycling program on a day scheduled for such moving or removal. (2) That such furniture was located in a yard other than a front yard and was placed in such a manner that it could not be seen from ground level by a person located on a public right-of-way (excluding public alleys) and that it was not visible by such a person unless that person took extraordinary steps such as climbing a ladder or peering over a screening fence in order to achieve a point of vantage. (32) That such furniture was temporarily placed in the location in question in order that it be offered for sale at a yard or garage sale if each of the following conditions exists,; provided, however, that this defense shall not apply if upholstered furniture is located in an outside location for more than two (2) days in any six-month period: a. The furniture is located in an outside location only between the hours of 7:00 a.m. and 5:00 p.m. b. The person attempting to sell the furniture, or that person's agent, is outside during the period of the yard or garage sale in order to monitor the sale; and c. A sign is placed on or near the furniture indicating that it is for sale. Introduced and considered favorably on first reading and ordered published this 17th day of February, A.D. 2004, and to be presented for final passage on the 2nd day of March, A.D. 2004. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading this 2nd day of March, A.D. 2004. _________________________________ Mayor ATTEST: _____________________________ City Clerk