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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/20/2004 - ITEMS RELATING TO THE ENFORCEMENT OF THE NUISANCEAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 30 A-E DATE: April 20, 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 First Reading. FINANCIAL IMPACT The adoption of these Ordinances is not expected to have a significant financial impact on departmental operating budgets. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 071, 2004, Amending Sections 20-21 and 20-22 of the City Code Pertaining to Unreasonable Noise. B. First Reading of Ordinance No. 072, 2004, Amending Article VIII of Chapter 20 of the City Code Pertaining to the Abatement of Public Nuisances. C. First Reading of Ordinance No. 073, 2004, Amending Section 4-94 of the City Code Pertaining to the Disturbance of Peace and Quiet. D. First Reading of Ordinance No. 074, 2004, Amending Article III of Chapter 20 of the City Code Pertaining to Weeds, Brush Piles and Rubbish. E. First Reading of Ordinance No. 075, 2004, Amending Article III of Chapter 20 of the City Code Pertaining to the Outdoor Storage of Materials. These Ordinances are being 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. The Ordinances would: ! Revise the definition of "unreasonable noise" and provide standards for more objectively determining when such noise exists and who may be responsible for the noise; April 20, 2004 -2- Item No. 30 A-E ! Amend the public nuisance ordinance to allow staff to file a civil action seeking injunctive relief against a property owner after two separate violations within six months, as an alternative to awaiting further separate violations; ! Amend the animal disturbance provisions of the City Code to eliminate a mandatory warning provision and to add additional circumstances under which a citation can be issued; ! Amend the weed and rubbish provisions of the Code to allow for the recovery of additional costs and to clarify when violations exist; and ! Add a provision to the Code dealing with the outdoor storage of materials in residential neighborhoods. BACKGROUND For the past several months, a Neighborhood Quality of Life Task Force, consisting of representatives from various departments of the City, has been meeting regularly to discuss ways in which to improve the City's ability to effectively deal with nuisance violations in residential neighborhoods of the City. As a result of this effort, several ordinances have already been presented to the Council, and various other measures have been undertaken by City staff to enhance the City's enforcement of existing Code provisions. The ordinances previously presented to the Council as part of this effort have dealt with vehicle noise, the parking of vehicles on lawns, and the use or storage of indoor furniture in outdoor locations. Enhanced enforcement efforts have included the augmentation of police resources to combat the problem of noisy parties, increased marketing of the City's "nuisance hotline", and other system improvements which are described in more detail in the materials attached to this Agenda Item Summary. In addition to the foregoing Code changes and systems improvements, staff is recommending the Ordinances described below. In addition, staff will be presenting for Council's consideration at a study session on April 27th more information explaining two options for regulating rental properties in residential neighborhoods: rental registration and rental licensing. Unreasonable Noise Ordinance Ordinance No. 071, 2004, will amend the definition of "unreasonable noise" and will make certain other changes to Sections 20-21 and 20-22 of the Code as follows: • The definition of "unreasonable noise" would be revised to eliminate the phrase "throughout the City or in any portions thereof." This phrase is unnecessary and could potentially be used to argue that the City must prove beyond a reasonable doubt the particular portions of the City that are affected by the unreasonable noise. • Additional criteria would be added to Section 20-22(b) to provide further guidance to police officers in determining whether unreasonable noise exists. April 20, 2004 -3- Item No. 30 A-E • A new subsection (c) would be added to this Code section stating that, if the owner or tenant or a premises upon which unreasonable noise occurs was present at the time of the violation, then that fact shall constitute prima facie evidence that such person was in control of the premises and knowingly permitted the violation to occur. Public Nuisance Ordinance The public nuisance ordinance provisions of the Code allow the City to file a civil action against the owner, occupant or property manager of a particular parcel of property in order to obtain an order from the Municipal Court to help deal with a recurring nuisance problem on the premises. At present, the Code requires that three separate violations occur within a period of one year or five within a period of two years before such an action can be commenced. (However, each violation can result in the issuance of a citation to the person actually committing the violation). Occasionally, having to await a third violation can result in an unnecessary delay in dealing with a "problem property" if the owner or property manager has failed to respond to the first notices of violations. Ordinance No. 072, 2004, will allow the nuisance enforcement officer, in particular situations, to request a hearing before the City Manager or his designee in order to seek authorization to commence a public nuisance action against a property after only two separate violations within a period of six months. The new Code language would require that the property owner, property manager and occupant of the premises be given notice of such hearing and an opportunity to appear and respond. If none of the responsible parties appear at the hearing or, if, upon appearing, they fail to demonstrate to the satisfaction of the City Manager that they are genuinely undertaking good faith efforts to deal with the nuisance problems, then the City Manager could authorize the commencement of a public nuisance court action without further delay. Animal Disturbance Ordinance Section 4-94 of the City Code states that no owner or keeper of an animal shall permit 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. That Code provision then goes on to require that, before a citation can be issued for a violation, a member of the household over the age of 18 years must have received a warning from the City of a previous complaint at least once within the preceding 12 months. Ordinance No. 073, 2004, would make two changes to this section. First, it would amend the substantive language of the section to add a prohibition against allowing any animal to make "unreasonable noise," that is, noise of such level and duration as to be injurious to human health or welfare or unreasonably interfere with the enjoyment of life or property. This amendment would allow animal enforcement officers to make a determination as to whether unreasonable noise exists in a particular situation without having to prove that the noise actually disturbed the peace and quiet of a particular neighbor. Staff believes this is a helpful amendment because neighbors disturbed by such noise are sometimes reluctant to serve as complaining witnesses and appear and testify in court, for fear of retaliation or further eroding neighborhood relations. The second change to this section would be to eliminate the mandatory warning so that the animal enforcement officer would have the discretion, in aggravated situations, to issue a citation on a first offense without a warning if he or she believes that to be in the best interest of the community. April 20, 2004 -4- Item No. 30 A-E Weeds and Rubbish Ordinance Ordinance No. 074, 2004, will amend Section 20-44 of the City Code so as to allow the City, in abating weeds and rubbish, to recover up to 100% of its administrative costs in performing the abatement, in addition to the actual amounts paid to the contractor who provides the abatement services. Secondly, this provision would be revised to clarify that either the owner or the occupant of the premises in question can be issued a citation for allowing the weeds or rubbish to accumulate on the property. Outdoor Storage Ordinance Ordinance No. 075, 2004, will add a new Section 20-42.6 to the City Code prohibiting the storage of building materials, household appliances and other kinds of materials not normally kept on residential premises unless such materials are effectively screened from view from the public right- of-way or from the ground level of adjoining properties. In summary, staff believes that this combination of ordinances is consistent with the direction received by the City Council to not only step up the City's enforcement efforts of existing ordinances but to provide new legislation which will enable the City to more effectively deal with nuisance violations that threaten the tranquility and quality of life in the City's residential neighborhoods. 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 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 in 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. 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 20th day of April, A.D. 2004, and to be presented for final passage on the 4th day of May, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th 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 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 20th day of April, A.D. 2004, and to be presented for final passage on the 4th day of May, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th 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 Ddisturbance 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. If any animal disturbs the peace and quiet, its owner or keeper shall be deemed guilty of a violation of this Section, provided that no such owner or keeper shall be charged with a violation of this Section unless they or a member of their household over the age of eighteen (18) years has received a warning from the city of a previous complaint at least once within the preceding twelve (12) months.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. Introduced and considered favorably on first reading and ordered published this 20th day of April, A.D. 2004, and to be presented for final passage on the 4th day of May, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of May, A.D. 2004. Mayor ATTEST: City Clerk ORDINANCE NO. 074, 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 WEEDS, BRUSH PILES AND RUBBISH WHEREAS, Section 20-44 of the City Code provides procedures for abatement of public nuisances and assessment of costs for such abatement; and WHEREAS, up-to-date addresses for property owners and occupants is necessary to adequately provide notice of abatement to property owners; and WHEREAS, this amendment allows the City to utilize any database available to the City in addition to the Larimer County Assessor’s rolls; and WHEREAS, the Ordinance as currently written restricts the City from recovering 100% of the administrative costs of abatement; and WHEREAS, the City Council agrees that in order to better enforce the provisions of this Section of the Code, the recommended amendments should be made by Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 20-44 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 Article. Such notice may be personally served upon such person or, if not personally served, shall be deposited in the United States mail, addressed to the owner of record at the address on the assessment roll of the Larimer County Assessor or may be served upon such person personallyor at such other, more recent address as may be available to the city. 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 fifty (50)one hundred (100) 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. (b) If the property, open area, ditch or right-of-way has not been brought into compliance with this Article within five (5) days from the date of the notice, and (with respect to rubbish only) if the owner has not requested a hearing before the City Manager to contest the declaration of nuisance and/or the removal as provided in Subparagraph (a), the removal may be done by the city, either by city personnel or by private contractors, as the City Manager shall determine. In the event of such removal by the city, the cost, including inspection, removal of obstructions, if any, the cost of any grading or sloping necessary to protect the public safety, other incidental costs in connection therewith, and an amount not to exceed fifty (50)one hundred (100) percent of the costs for carrying charges and administration shall be assessed against the offending property, open area, ditch or right-of-way and the owner thereof, pursuant to the applicable provisions of Chapter 22 pertaining to public improvement assessments. With respect to rubbish only, if the owner has requested a hearing pursuant to the provisions of Subsection (a), removal of the rubbish may be accomplished as provided in this Subparagraph (b) provided, further, that such material removed shall be stored by the city until such time as the City Manager (or any lawfully authorized designee of the City Manager) holds the hearing and determines, based upon the evidence presented by the owner and the staff of the city, whether the nuisance should have been declared and the rubbish removed. If the City Manager determines that the declaration of nuisance and removal is proper, then the rubbish shall be destroyed or otherwise disposed of by the city, and the additional costs of storage shall be assessed together with all other costs, as provided above. If the City Manager determines that the declaration of nuisance and removal was improper, then the material shall be returned to the owner, and no costs shall be assessed. (c) Such assessment shall be a lien in the several amounts assessed against each property, open area, ditch or right-of-way until paid and shall have priority over all other liens, except general taxes and prior special assessment liens. If any such assessment is not paid within thirty (30) days after it has been certified to the Financial Officer by the City Manager and billed by the Financial Officer to the owner by deposit in the United States mail addressed to the owner of record at the address as shown on the tax rolls or such other, more recent address as may be available to the city, and any agents, representatives or occupants as may be known, the Financial Officer is hereby authorized to certify to the county Treasurer the list of delinquent assessments, giving the name of the owner as it appears of record, the number of the lot and block and the amount of the assessment plus a ten-percent penalty. The certification is to be the same in substance and in form as required for the certification of other taxes. The county Treasurer upon receipt of such certified list is hereby authorized to place it upon the tax list for the current year and to collect the assessment in the same manner as general property taxes are collected, together with any charges as may by law be made by the county Treasurer and all laws of the state for the assessment and collection of general taxes, including the laws for the sale of property for taxes, and the redemption thereof shall apply to and have full force and effect for the collection of all such assessments. Notwithstanding the foregoing, if the offending property, open area, ditch or right-of-way is not subject to taxation, the Financial Officer may elect alternative means to collect the amounts due pursuant to this Article, including the commencement of an action at law or in equity and, after judgment, pursue such remedies as are provided by law. Introduced and considered favorably on first reading and ordered published this 20th day of April, A.D. 2004, and to be presented for final passage on the 4th day of May, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of May, A.D. 2004. Mayor ATTEST: City Clerk 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, 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 20th day of April, A.D. 2004, and to be presented for final passage on the 4th day of May, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of May, A.D. 2004. Mayor ATTEST: City Clerk