HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/02/2000 - FIRST READING OF ORDINANCE NO. 51, 2000, AMENDING 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 of the Ordinance on First Reading.
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 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end, redundant provisions in Sections 12-16 through 12-21 are being repealed; certain other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.
In addition to transferring some provisions from Chapter 12 to Chapter 20,there are two substantive
changes to Chapter 20. First, staff is recommending the addition of a new subsection(k)to Section
20-42,which would require businesses which,by their nature store 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.
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 definitions 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 refuse and rubbish prohibited),and 12-21 (Abatement of nuisance)
would be repealed and moved to Chapter 20, with minor wording changes.
Sections 12-22 (Owners have ultimate responsibility for violations), 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 I1 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 regulations would be added to the title. In Section 20-42(b), occupant
would be added to the paragraph regarding refuse and rubbish storage. In Section 20-42(c),
occupant would again be added. Subsections (0, (g), (h), (i) and 0),would be added to include in
Chapter 20 the provisions moved from Chapter 12. Subsection (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.