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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/25/2005 - RENTAL REGISTRATION PROGRAM AND NEIGHBORHOOD QUALI DATE: January 25, 2005 STAFF: Darin Atteberry STUDY SESSION ITEM Steve Roy FORT COLLINS CITY COUNCIL Tess Heffernan SUBJECT FOR DISCUSSION Rental Registration Program and Neighborhood Quality Regulations. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council wish to proceed with the implementation of the Residential Rental Registration ordinance? 2. Does Council wish to proceed with the proposed Public Nuisance Ordinance amendments? 3. Does Council wish to proceed with Nuisance Gatherings Code additions? 4. Does Council wish to discuss the results of the Economic Study and the implications for the 3-unrelated ordinance at the March 8, 2005 study session, as currently scheduled? BACKGROUND City Council last formally discussed the subject of rental regulations at a study session held October 12, 2004. Council provided direction on a number of items, all of which are either underway or have been concluded. The purpose of this study session is to address three specific actions directed by Council: 1. Create a process for a mandatory city-wide rental registration program. 2. Amend the Public Nuisance Ordinance so that the penalty for multiple violations includes not only a requirement to abate the nuisance and pay associated costs, but also the potential for revoking the ability to rent. 3. Add a Nuisance Gatherings provision to the current Code, similar to that used in East Lansing, Michigan. Council will also discuss when to hold a study session to review the results of an economic study examining the impacts of a more strict enforcement of the "3-unrelated" occupancy requirement. This study is in progress with the results expected by February 18, 2005. January 25, 2005 Page 2 Residential Rental Registration The goal of a Residential Rental Registration program is to accomplish the following: • Identify all rental units within the city limits of Fort Collins; • Educate all parties about Rental Housing Standards and other City codes; and • Increase the efficacy of Nuisance Code enforcement through a local contact and better information sharing. A draft of the proposed Residential Rental Registration Ordinance is included in Attachment 1. Work is underway to develop a user-friendly registration system that is easily accessible and meets the needs of all stakeholders. A plan is being developed to make the initial registration process as simple as possible by using methods such as mail-in forms and registration "clinics" where staff will be on hand to assist with data entry and face-to-face registration. Ultimately, users will be able to register and make payments independently, using the online system. Project team members hope to have this feature ready no later than September 2005. Registration Information Required The draft Residential Rental Registration Form can be found in Attachment 2. The following basic information will be asked of rental property owners: - Address of rental property - Name of and contact information for property owner - Name of and contact information for local agent - Acknowledgment of having read and understood the City Rental Housing Standards - Acknowledgment of having provided tenants the City Lease Addendum and accompanying brochure The information on the rental registration form, once completed, will be compiled into a database, a portion of which will be available to the public via an online search engine. Thus, a neighbor of a rental property could search the database by address to determine if the property is a registered rental and, if so, learn the contact information of the local agent and/or property owner. Tenant names will not be held on file by the City or be available to the general public. However, the lease addendum must be provided to the City by the property owner or local agent upon request of the City. The draft Lease Addendum is included in Attachment 3. The flow charts found in Attachments 4 and 5 illustrate the process for registering a rental property and for finding out information about a registered rental property. Acknowledgement of Rental Housing Standards As noted above, property owners will be required to acknowledge having read the City Rental Housing Standards. This comes in response to an earlier request by Council for a certificate or certification that the property meets minimum habitability codes. Staff researched this issue and found two communities (Berkeley, CA and Chapel Hill, NC) that have a registration program that includes a component whereby the property owners or agents self-assess their property for January 25, 2005 Page 3 compliance with health and safety standards. Both of these are relatively new programs - less than 2 years old - and neither have data to indicate the outcome of this practice. Staff recommends that Fort Collins not use the term "certification" as it relates to habitability because it implies to the community that a rental unit is somehow officially sanctioned for health and safety. Additionally, staff members are concerned that property owners and agents are not in a position to certify compliance with health and safety regulations. (One metaphor would be that of car owners certifying that their vehicles meet emission standards.) As an alternative, staff recommends the registration program utilize a statement whereby the property owner or agent acknowledges that he/she has read and understands the City Rental Housing Standards. Building Inspection staff are developing a user-friendly checklist for property owners who desire a better understanding of the Rental Housing Standards. Program Costs, Term and Fees—First Two Years There are approximately 22,000 rental units within the Fort Collins city limits. The total cost to administer the program for the first two years is estimated at $507,000, which includes the following direct and indirect costs: Personnel $ 322,000 .3 Systems Analyst .5 Administrative Aide 1.0 Housing Inspector Hourly temporary staff Equipment and software $ 158,000 Enables online registration and payment Miscellaneous fees, postage, etc. $ 27,000 Total for first two years $ 507,000 Registration will be required on a bi-annual basis (every two years) or within 30 days of a change in ownership. The fee will be $35 per dwelling unit, with renewal required every two years (an average of $18/year/unit). There is no charge for updating information (e.g. a new local contact is designated or owners address changes) as long as the update is accomplished within 30 days of the change. Property owners who do not comply with registration or timely updates would be subject to a fine. Prior to the end of the first two years of operation, the registration program costs and fees will be reassessed. Staff anticipates that the ongoing costs will be lower once the system is up and running and the majority of property owners have registered their rental properties. At that time, staff hopes the fees can be reduced, perhaps to a level as low as $10-12/year/unit. Outreach, Education and Implementation Assuming Council wishes to move ahead with registration, staff members are preparing to conduct a thorough outreach and education campaign. The most basic tool will be that of a direct mailing to those properties where the records of the Latimer County Assessor list an owner at an address different from the property. At the same time we will conduct registration January 25, 2005 Page 4 "clinics" and use other outreach methods to reach property owners, property managers, tenants and others with an interest in this issue. The online self-registration program will not be fully functional in the beginning, however staff members are prepared to use mail-in, fax-in, workshops/clinics and other such methods to ensure that registration can be implemented as simply as possible. Current plans are to implement the Registration Program on April 1, 2005 with the goal of reaching and registering as many properties as possible by August 1, 2005, allowing for a 5-month "grace period". August 1, 2005 will be the official start of each unit's registration term. After that date, properties that are not registered would be subject to penalties. All of the forms, instructions and links to applicable codes will be available on the City's website at fcgov.com/rental prior to the implementation of the Registration program. Public Nuisance Ordinance Amendments The Public Nuisance Ordinance (PNO) has proven to be an effective too] in reducing repeat violations at specific properties. Several proposed amendments to the PNO (Attachment 6) are intended to improve current processes and allow for revocation of the ability to rent a property under certain circumstances. The Code Compliance Case Manager responsible for the PNO notes that the majority of landlords and property managers are very willing to take action to avoid recurring problems at their properties. Most problems are resolved after a first violation notice. However, in some cases the owner and/or property manager is not responsive, even after a notice has been sent out about a second or third violation. The proposed changes are designed to give staff the flexibility to work effectively with responsive property owners and managers and to increase the potential sanctions of the PNO in those cases where responsible parties do not respond. The following summarizes the proposed amendments: a. Deleted the provision requiring posting of notice that a civil public nuisance action will be filed in 10 days; instead, requires that the posting on the property occur at the time the civil action is filed; b. Deleted the provision requiring a 45-day delay after a second (or fourth) violation to institute PNO proceedings. The purpose of this change is to ensure staff can work with those owners or managers who have instituted eviction proceedings, but still maintain the ability to pursue PNO action against those who do not respond to notices; c. Added provisions clarifying when property managers are subject to the ordinance; d. Added a provision allowing the City to send Public Nuisance Ordinance notices to any address known to the City through utility, registration or other records rather than being constrained only to records of the Lar]mer County Clerk and Recorder; e. Added a provision establishing that a plea or verdict of guilty to the underlying violation(s) proves the public nuisance, thereby alleviating the necessity of any further evidence in the civil action or hearing regarding the existence of a nuisance; f. Added a provision clarifying that parties' abatement efforts taken only after the final notice of violation do not constitute a defense under the ordinance; g. Added a provision allowing for stipulations between the City and any party to be accepted by the court or Hearing Officer; January 25, 2005 Page 5 h. Added a provision allowing abatement orders to include a restriction on the number of guests or types of activities on the premises, a prohibition on rental of the parcel not to exceed six months and revocation or suspension of any license or permit pertaining to the use of the parcel. As with the Rental Registration program, staff members will undertake a concerted effort to educate property owners and managers about these changes in the coming months via direct mail, stakeholder meetings, the media and other venues. Nuisance Gathering Amendments The proposed Nuisance Gatherings provision creates a new misdemeanor criminal offense directed at social gatherings or parties that result in nuisance behaviors occurring on neighboring properties. The Nuisance Gathering provisions can be found in Attachment 7 and include the following: a. Declares social gatherings of five or more people assembled for a social activity or special occasion that result in the occurrence of unlawful and harmful behavior and conditions on neighboring public or private property by person attending such gatherings to be a public nuisance; b. Prohibits behavior and conditions such as littering, rioting, public urination, alcohol violations, criminal mischief, noise, etc.; c. Requires participants in the nuisance gathering to cease and requires all persons not domiciled at the premises to immediately disperse; d. Provides a procedure by which the City can recover the costs of abating the nuisance such as overtime, equipment use or damage, overhead, medical expenses, etc. for any City department employee (including Poudre Fire Authority) called to respond to and abate the nuisance. The cost of abatement can be included as restitution or as a separate assessment against the property. As with the Public Nuisance Ordinance amendments, a variety of methods will be used to inform and educate community members about this new ordinance. Schedule for Economic Study and 3-Unrelated Ordinance Discussion The Economic and Market Study related to rental housing is scheduled to be completed by February 18, 2005. It is hoped that the results of this Study will provide guidance to Council members in evaluating potential changes to the "3-unrelated" ordinance. Currently, discussion of both of these items is scheduled for March 8, 2005. As noted in the introduction, staff members wish to confirm if this schedule is acceptable to Council. January 25, 2005 Page 6 ATTACHMENTS 1. Residential Rental Registration Ordinance 2. Residential Rental Registration Form 3. Lease Addendum 4. Flow Chart: Residential Rental Registration 5. Flow Chart: Residential Rental Registration — Citizen Inquiry 6. Public Nuisance Ordinance with Amendments 7. Nuisance Gathering Amendments • Attachment 1: Residential Rental Registration Ordinance ARTICLE VI. HOUSING STANDARDS DIVISION 1. GENERALLY Secs. 5-221-5-235. Reserved. DIVISION 2. RENTAL HOUSING &LOMA DS Subdivision A. Generally Sec. 5-236. Definitions. For the purposes of this Article, certain terms,phrases,words and their deriv 'ves shall be construed as specified in either this Article, es$gesi€ed-inrthe c' 'Id' de pted in § 5-26, or the Land Use Code. Where terms are not defined,they s have th ary accepted meanings within the context with which they are used. Webster' d tional Dictionary of the English�anguage,Unabridged, copyright 1961 nting I be considered as providing ordinary accepted meanings. As used in cle,the terms shall have the meanings indicated: • Occupant shall mean an individual who resid dw t and im lied lease or express agreement. Occupant shall also inaludel6v nadCAMreceiOg mail at the dwelling unit or who utilizes the dwelling dress an Occupied Nholf r rest 'al seshall mean the the tit sim le and arry Person, u of persons, o association or c ration jpXose name the tax bills on the ro gM are submitted. It shMso mean any o alone or iointly or severally with others: has le al till any elline or dwelling unit with or without actual Wssession thereof` care or control of an dwelling or dwelliniz unit as owner, executor. executrix 'strator trustee ardian of the estate of the owner mortgagee or assi ee of rents. "Owner" shall not include anv person group of persons company association or corporation who merely holds a deed of trust or easement on real property Property manager shall mean any person group of persons company, firm or corporation charged with the care and control of a building dwelling or rental dwelling unit or their duly authorized agents who perform services for the owner with respect to the building or rental dwelling unit under a contract with the owner of a rental dwelling unit or who otherwise acts as representative of an owner with respect to the building or rental dwelling unit • Rental dwelling unit shall mean one (1)or more rooms and a single kitchen occupied as a unit by one (1) family as defined in Section 5.1.2 of the Land Use Code for living and cooking pur- poses, located in a single-family.two-family or multifamily dwelling which is leased, rented, or sublet to a family or person(s) for compensation(including money or services and the sharing_of expenses). Rental housing shall mean any building or portion thereof, including the lot,tract or parcel of land on which the same is located,containing any dwelling unit, guest room or hotel; and any mobile home as defined in Chapter 18 of this Code, or any other similar place intended for human habitation,which is leased,rented,or sublet to a family or person(s) for compensation(including money or services and includes the shadmig of q es or otherwise occupied by a person who is not the fee owner of record of sa i ding, ome or portion thereof. low Sec. 5-237.Purpose. Tl3e purpesee€tlris Articleeede is necessaryto r e ublic th safe and welfare of the pWRIe of the city by establishin ' @6tandardIlOupOng the facilities utilities occupancy.repair and maintenance rentaPIMKing to saMPrard life or limb,health, and property of persons affected b .AM,b'- to pro s Article and the public welfare throueh 13y regulation ontroll' the gd occupancy, location and mainten ental ithin the city. 5-238. Applicabili (' provisions of Article shall apply to all buildings or portions used or designed or int to be us human habitation which are considered to be x1rental hous de n § 5-236. (b)Ex" ig buildings which are altered or enlarged shall be made to conform to this code insofar as the new work is concerned and in accordance with the Uniform Building Code. (c)Buildings or structures moved into or within the city shall comply with the requirements in the city building code for new buildings and structures. Sec. 5-239. Compliance required. It shall be unlawful for any person to erect, construct, enlarge, alter,repair, move, improve, remove, convert or demolish, equip,use,occupy or maintain any building or structure or cause or permit the occupancy in violation of this Article. Sec. 5-240. Substandard dwellings declared nuisances. • All buildings or portions thereof which are determined to be substandard as difine4d in this Article are hereby declared to be public nuisances and shall be abated by repair,rehabilitation, demolition or removal in accordance with the procedure specified in Sections 5-302, 5-303 and 5-305 through 5-307 or through any other procedure allowed by law or ordinance Subdivision B. Administration Sec. 5-256. Enforcement. The Director of Building and Zoning is hereby authorized and directed to enforce all of the provisions of this Article.For such purposes, the Director shall have the powers of a law enforcement officer. Sec. 5-257. Inspection. (a)Whenever necessary to make an inspection to enforce any kbelieve ision'. s cle or dam whenever the Director of Building and Zoning has reasonable exists in any building or upon any premises any condition es such b ing or premises unsafe, dangerous or hazardous or an this l other Code section including the Land Use Code and its roKlationsTALe Direct y enter such building or premises at all reasonable times to ' ct i Voersoinshayv�ir imposed upon the Director by this Article. If such building is o or shall first present proper credentials a ntry. uilding o unoccupied,the Director shall first make a r locate wner or g charge or control of the bui or premises a uest en f such entry is refused, the Director shall have recourse ery remedy provide law to try, including an inspection warrant issued by the i al Court or an court uant to Rule 241 of the Colorado Rules of Municipal Co Wcedure.(b) ilding and Zoning shall have first obtained a proper inspection warrantvided by law to secure entry, no owner or occupant or any other persons or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Director for the purpose of inspection and examination pursuant to this Article. Such knowing failure to permit entry upon request pursuant to a proper inspection warrant is a misdemeanor punishable by the provisions of Section 1-15. Sec. 5-258.Maintenance of premises, compliance with codes. (a) Every owner remains liable for violations of duties imposed by this Article even though an obligation is imposed on the occupants of the building and even though the owner has by agreement imposed on the occupant the duty of furnishing required equipment or of complying with this Article. Nothing herein shall be construed as limiting or interfering with in any way,the right of any persons to establish by written contract specific responsibilities of owners,property managers and occupants for the purpose of leasing or renting housing. • Every owner or agent, in addition to being responsible for maintaining the building in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a safe condition including the shared or public areas in a building containing two (2)or more dwelling units. (b)Every occupant of a dwelling unit,in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which said occupant controls, shall dispose of all rubbish, garbage and other organic waste in a manner required by the Code and approved by the Health Officer. (c)Every occupant shall, when required by this Article, the Code or Health furnish and maintain approved devices, equipment or facilities necessary to remi a and sanitary. Sec. 5-259. Appeals. In order to provide for final interpretation of pr sio cl to hear appeals provided for hereunder,the Building Revi ard as blis . 117 shall serve in such capacity within the procedures outlin in. IL Sec. . Rental r istLIM re u AAumt 1 200511owner or DroDertv manager shall offer to rent rent or continue to rent a r wellin uniAvithout first registering the rental dwelling unit pursuant to this section. IM MW 1 Re 's maintained by budding de artment: Are 's of owners and remises shall be maintained by the building department. (2) Registration of owners: No later than July 31,2005, the owners of all rental dwelling units shall register, for each rental dwelling unit owned by them, their names,date of birth,the street address of the rental dwelling unit and the mailing address of the owner,the location of the dwelling(s) and the number of dwelling units or rooming units offered to let. Owners of properties which are rented,vet are owner-occupied shall also register their properties. (3) Registration o fpMpgM manager and local agent: If a rental property is required to be registered under this chapter, and the owner and/or property manager is not a natural person or is not domiciled within a ten(10)mile radius of Fort Collins Urban Growth Area,then the owner shall appoint a natural person who resides or has an office within a ten mile radius of the City of Fort Collins Urban Growth Area to serve as the local agent authorized by the owner to receive service of notices and process on behalf of the owner. The manager/agent's name, date of birth and the street address and mailing address of the manager/agent shall be placed with the name of the owner in the registry. • (4) Registration information changes: Any change in mailing address or phone number of an owner,property manager or agent and any change in the number of units offered shall be provided to the city by said owner, manager or agent within thirty(30)days of such change A late fee of twenty-five dollars($25 00)per unit shall be paid for any registration or update which is not completed within thirty(30) days of said change (5) Failure to register, renew registration or update registration: If the building and zoning director has reason to believe that an owner or manager or agent has failed to register,renew or update the registration of a rental dwelling unit as required by this section, he or she shall mail a written notice to the owner or managing agent setting a seven(7) day deadline for the registration of the rental dwelling unit. It shall be a violation of this article to fail to register a rental dwelling unit before the deadline expires Such knowing failure to register, renew or update registration is a misdemeanor punishable by the provisions of Section 1-15 (6) Registration term. fees: A rental registration shall be valid for two years or until change of ownership of a rental dwelling unit whichever first occurs. Registration fees shall be assessed per rental dwelling unit. The amount of the re 'stration fee for nemmand reAval registrations, not to exceed the cost of administering and enforcing this Arti off city Manager pursuant to Sec. 7.5 of the City Code. 7 Records re uired• lease addendum: The owner mana ent NmustideAbmts with a lease addendum and all brochures attached thereto in scribed-ININq irector of building and zoning and so indicate on the regisamimhform. Th a addendum must be • kgpt by the owner, ro ert manager and agent a ced for n upon the citVs Le guest. 8 Exemptions: The re 's re uire in " s tion shall not Mly to rental dwellin e' Authority ollins or proverties that are ins ected ann com li the ents of tFe United States Dgpartrnent of Housing and evelo ment ho s pars o s ou homes or other rental dwelling units used an habitation w ' ffer or a medical or nursing services hotel units dormitories orlMor two family dw g units ccu ied b the seller under a rental agreement fora period oft an pipet 90 - following closing,or to dwelling units under a lease w/o lion to Purcl r other co onal sale agreement provided that legal or equitable ownership is transf` itsjAO&ty within ninety 90 days of the execution of the conditional sales a eem' Sec. 5-264. Effect of License Issuance The registration of a rental dwelling shall not change the legal status of a rental dwelling_ including,but not limited to: (1) legalizing an illegally created dwelling unit use or other circumstance nor (2) recognizing a nonconforming use structure or other nonconformity. Sec. 5-265. Responsibilities of owner. • An owner of a premises remains liable for violations of this article even though an occupant or manager of those premises is responsible for the premises and regardless of any agreement between the owner and another that imposes or attempts to delegate responsibility for the premises to the other. Attachment 2 • a City of Fort Collins Residential Rental Housing Registration Form CiN of PoR Cdlins Please complete the application and submit payment. A separate form must be completed for each dwelling unit. Registration fee: $35 biannually (every two years)per dwelling unit Date Property Information Address MM Unit Number (if applicable) Fort Collins, Colorado Zip Code Owner Information (Any person who alone, or jointly or severall wItI#therAWJWeto welling, • dwelling unit or rooming unit that is leas Ar Name: . At Address: City laffie IRIIMM- Zip Code Email Phone 00- ProRertv Mana ocal Agent Information (Any person who has charge, care or control of a dwelling unit.) Please note: if a property owner is a corporation or other entity, or a natural person who lives outside a 10 mile radius of the City of Fort Collins Urban Growth Area a local agent must be appointed. The local agent must live within the 10 mile radius, serve as an agent of the property owner and be authorized to accept service of notices and process on behalf of the owner(s). ❑ Check here if same as owner listed above Name Address Fort Collins, CO Zip Code Email • Phone This registration will be valid for two years from this date or until change in ownership. A change in ownership requires a new registration and must be submitted with the appropriate fee within 30 days of such change. Any other changes to number of units, contact information for local agent or manager or other information must be updated within 30 days of such change. Please read and check the boxes below: ❑ I have read and understand the City of Fort Collins Rental Housing Standards. ❑ I have provided my tenants the City Lease Addendum, and the accompanying Neighborhood Quality brochure, and I understand that the Addendum must be made available to the City upon request. ❑ I understand that failure to register, timely renew registration, or timely in required changes can result in a fine. ❑ I further understand that registration of this dwelling unit doe OT le an illegally created dwelling unit,use,or other circumstance, no o nfo use, structure, or other nonconformity. Rental Housing Standards and Checklist,Lease Add d all es can be viewed and downloaded at: c o n AM Payment Moor Please encl, check for$35. !m ;0Fa0x0`this form to: aw City oJOWIlins AF Residentiafftital Registrati P.O.Box 58 - AOF Fort Collins, 80 Fax: (970)224 Or provide the following information: ❑ VISA ❑ Master Card Expiration Date: Card Number: Card Name: Questions? Please contact the City of Fort Collins Building and Zoning Department at (970) 224-6760 Thank you for registering your property. Attachment 3 • Ciry of Fait Collins LEASE ADDENDUM AND ACKNOWLEDGEMENT FOR This Addendum to Residential Rental Agreement is made this day of and is incorporated into and shall be deemed to amend and supplement the Residential Rental Agreement made by the undersigned Tenant and Landlord, their heirs, successors and assigns, dated . The Residential Rental Agreement and this Addendum pertain to the premises described in said agreement and located at . This Addendum is re uired by Fort Collins City Code Section 5-236 et seq. In addition to the covenants and obligations set forth in the afore` ti d tial Rental Agreement, Tenant(s) and Landlord hereby covenant and a as follow A. Covenants and Obligations: • 1. Landlord shall keep and maintain the le preiCs c i with all applicable Codes and Ordinances of o Fort llins applicable state laws and shall kee re good and dition. 00 2. The L rd shall be respo a for r performing all routine maintenance and f any and all ne ` ry re s in and around the leased premises, except for any spe asks which th rties hereby agree shall be delegated to the Tenant and which tified as ows: Lawn mowing mower IS/IS NOT provided by the Landlord Ice and snow re oval-shovel IS/IS NOT provided by the Landlord Trash removal- receptacles ARE/ARE NOT provided by the Landlord Regardless of the agreement between the landlord and tenant, the City Code . provides that the owner,operator,property manager or tenant are each responsible for ice and snow removal,trash removal,lawn mowing and yard maintenance and any violation of the City Code grass,weeds, trash and snow and ice removal provisions can result in a fine and/or assessment of abatement costs against the property owner. 3. The Parties shall comply with all applicable Codes and Ordinances of the City of Fort Collins and all applicable provisions of state law. 4. Tenant shall use and occupy the leased premises so as not to disturb the peaceful enjoyment of adjacent or nearby premises by others. 5. Tenant shall not cause, nor permit nor tolerate to be caused, damage to the leased premises, except for ordinary wear and tear. B. Tenants. The names of the tenants, including those under 18 yeagW agqwompy occupy this unit: Name of Tenant(s) 1. Tenants owledge that annot the grass or across the public sidewalk and dlord provides off-street paved parking spaces or other parking ar approved by City. 2. Compliance I es with all Federal, state laws and local ordinances, rules and regulations Compliance d under this lease. C. Property Manager. This unit may have a legal agent or property manager, someone to whom the owner legally assigns responsibility for all aspects of managing this unit, including accepting service of process for the property owner of any summons issued for violation of the City Code. This unit DOES/DOES NOT (CIRCLE ONE) have a property manager. This Property Manager DOES/DOES NOT (CIRCLE ONE) reside full time on the premises. Property Manager Name: Address: Phone: D. State Law and City Ordinances. Attached to this Addendum is a Quality Neighborhoods brochure which lists a few of the City ordinances most applicable to residential neighborhoods. The Parties signing below acknowledge and agree that any violation,whether listed herein or not, of the Fort Collins City Code or state law in or on the leased premises may be considered a violation of the lease agreement and grounds for termination or eviction,in addition to any civil or criminal liability and penalties. Occupancy and Fines for over-occupancy. The undersigned acknow dge t we are responsible for complying with the maximum occupancy limits of hty Land Use Code or any permit or license issued by the City (ATTA COPY PERMIT OR LICENSE). We also acknowledge that the City Code a violation of the maximum occupancy limit can result in a$1000 ' e first violation (the City Code also provides that each day is co ' ered a iolation • the owner, agent and/or tenant. Noise or Public Nuisance. The undersigned o d alti nuisance violations may result in civil and crimin to a im 00 to the owner, property in en roperty nuisance if there are multiple violati iquor, p ealth, ty or we aws and ordinances. We also ackno that under the Pub ce Ordinance, the landlord may be held liable for ehavior for the ts. enalties are substantial and may include eviction forfeiture of nal property, and may result in restrictions or revocation of any se or pe sued by the city concerning the rental dwelling. E. Acknowledgme signature below, I acknowledge that I have read and understand the for addendum, circled items indicated, and filled in the blanks with correct information. I also acknowledge receipt of the Quality Neighborhoods brochure explaining applicable city ordinances and the Rental Housing Standards brochure that are attached hereto. • TENANT SIGNATURE(S)* DATE: *All tenants, except minor children of tenants, must sign this form even if they have an oral rental agreement. IF TENANT(S)REFUSE TO SIGN, OWNER OR PROPERTY MANAGER SHALL INDICATE BELOW THE DATE THE LEASE ADDENDUM AND ATTACHMENTS WERE DELIVERED TO TENANTS AND BY WHOM. OWNER DATE: PROPERTY MANAGER DATE: Address: Phone: Tenant(s) refused to sign. This lease addendum and attached ochu hand- delivered to tenants on by • Attachment 4 Residential Rental Registration (01112,2005) Start Registration required for al residential rental units Initial mating sent to probable rental property ow ners. ow ner/ag respond to No Investigation initiated by Code violation No unit not beirp registration (Sty staff found? ranted- requirement? Yes Yes Ow nor/agent completes renttal registration m Enforceent efforts Initiated application for each unit including issuance of court being registered. summons. Ow ner/agent calculates fees for units being Coed Action registered sdsre APui tans.can mmneby Owner/Agent submits wawmt�bcM Pr kmd Cad completed application and MOIn Fe m fees to City csrara+creaMWro ffcncodn aWnOapr ;cadtd.*aadtcaa (Sty staff processes application and fee payments issue biennial registration certificate • Attachment 5 Residential Rental Registration-Citizen Inquiry (01/122005) Cil¢en/Tenant desires to Start contact ow nar/agent of a rental property Yxryky is trade vie the w eb and/or staff contact Is the rental Staff investigates propertyKlo Notice sent to ow tax/agent >w nership and sends ow nei Is rental unit nw✓ property requiring rental activity to notice regarding ran registered? reg'stered7 registration requirennents. CBB68. Yes Yes Ternant/cit¢en obtains ow ner/agent contact info Unit not being Yes Ltd rental acttvsy and can proceed w ith rented. cease? communication efforts. No Is issue a Did issue get No Tenant/cdaen contacts City nuisance,building Yes investigation initiated by resolved? staff to report issue. or other code (Sly staff violation? Yes No Done. Ciemn No Done. No further referred to Code violation action required. med/ation and/or found? other resources Yes Enforcement efforts initiated up to and Including issuance of court sumrons. Cart Action • Attachment 6- Public Nuisance Ordinance ARTICLE VIII. ABATEMENT OF PUBLIC NUISANCES Sec. 20-110. Legislative purpose. The abatement of local public nuisances for the protection of public health, safety and welfare is a matter of purely local and municipal concern. The purpose of this Article is to eliminate public nuisances. The remedies provided in this Article are designed to eliminate public nuisances by removing parcels of real property from a condition that consistently and repeatedly violates municipal law; to make property owners vigilant in preventing public nuisances on or in their property; to make them responsible for the use of their property by tenants, guests and occupants; and to otherwise deter public nuisances. (Ord. No. 28,2000,4-4-00) Sec. 20-111. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Abate shall mean to bring to a halt, eliminate or, where that is not possible or feasible, to suppress,reduce and minimize. Building shall mean a structure which has the capacity to contain, and is designed for the shelter of, man, animals or property. Building shall include any house, office building, store, warehouse or structure of any kind, whether or not such structure is permanently affixed to the ground upon which it is situated, and any trailer, semi-trailer, trailer coach, mobile home or other vehicle designed or used for occupancy by persons for any purpose. Leasehold interest shall mean a lessor's or lessee's interest in real property under a verbal or written lease agreement. Legal or equitable interest shall mean and include every legal and equitable interest, title, estate, tenancy and right of possession recognized by law or equity, including but not limited to freeholds, life estates, future interests, condominium rights, time-share rights, leaseholds, easements, licenses, liens, deeds of trust, contractual rights, mortgages, security interests, and any right or obligation to manage or act as agent or trustee for any person holding any of the foregoing. Municipal Court or Court shall mean the Municipal Court of the city as established in Article VII of the Charter. Notice of violation shall mean a written notice advising the owner(s), uroperty manaeer(s), if any, and tenant(s) or occupant(s) of a parcel that the parcel, such persons and other affected persons may be subject to proceedings under this Article if the remaining number of separate violations needed to declare the parcel a public nuisance under this Article occur in or on the parcel within the required period of time. Such written notice shall be deemed sufficient if sent by certified mail to the parcel, addressed • to the owner(s) by name and to "all tenants and/or occupants" and to the owner(s) by xnxand property manager(s). if any�at any different address of the ewet{s�_as shown in the records of the City, including utility, rental registration, and or licensing records or as shown in the records of the Latimer County Assessor or of the county Clerk and Recorder. Each notice of violation shall be limited to one(1) separate violation. Nuisance Abatement O)ficer shall mean a person appointed by the City Manager to coordinate the enforcement efforts of the city related to the provisions of this Article. Ownership interest shall mean a fee interest in title to real property. Parcel shall mean any lot or other unit of real property, including, without limitation, individual apartment units, or any combination of contiguous lots or units owned by the same person or persons or entity or entities. Parcel shall not include premises for which a license has been issued under § 3-71 of this Code and shall not include premises owned by the state Board of Agriculture and utilized by Colorado State University for the housing of students or faculty or for other educational purposes. Person shall mean any individual, corporation, association, firm, joint venture, estate, trust,business trust, syndicate, fiduciary,partnership, limited partnership, limited liability company and body politic and corporate, and all other groups and combinations. Real property or property shall mean land and all improvements, buildings and structures, and all estates, rights and interests, legal or equitable, in the same, including but not limited to all forms of ownership and title, future interests, condominium rights, time-share rights, easements, water rights, mineral rights, oil and gas rights, space rights and air rights. Relative shall mean an individual related by consanguinity within the third degree as determined by common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in a step or adoptive relationship within the third degree. Separate violation(s) shall mean any act or omission that constitutes a misdemeanor violation of the Code-, if the act or omission occurs under anv of the following circumstances: (D the conduct of the persons committing the violation was such as to annoy or disturb the peace of the residents in the vicinity of the parcel or of the passersby on the public streets, sidewalks and rights-of-way in the vicinity of the parcel: or (2) the violation constitutes a public nuisance under any section of this Chapter 20 or City Code; or (3) the condition of the parcel upon which the violation occurred was, at the time of the violation, injurious or harmful to the health, safety or welfare of the occupants, neighbors thereof,or citizens of the city. previded dwt; (1) Aan ongoing and uninterrupted violation shall be deemed to have been committed only on the last day during which all the necessary elements of the violation existed; and (2) multiple violations committed within any twenty-four-hour period of time on or in the same parcel shall be considered a single separate violation, irrespective of whether the violations are otherwise related to each other by some underlying unity of purpose or scheme (Ord.No. 28, 2000, 4-4-00; Ord. No. 072, 2004 § 1, 5-18-04) • ISec. 20-112. Nature of remedies. Notwithstanding the provisions of§ 1-15 of this Code, the remedies provided in this Article shall be civil and remedial in nature except that, if any person knowingly fails or refuses to abide by a temporary or permanent abatement order issued by the Municipal Court under the provisions of this Article, such person shall be guilty of a misdemeanor and, upon conviction, shall be punished by the penalties provided in § 1-15. (Ord. No. 28, 2000,4-4-00) Sec. 20-113.In general. (a) No person having an ownership or leasehold interest in any parcel, or having a contractual obligation to manage such parcel, or occupying such parcel, shall commit, conduct, promote, facilitate, permit, fail to prevent or otherwise let happen any public nuisance in or on such parcel. Such persons shall abate any public nuisance upon the parcel and prevent any public nuisance from occurring on the parcel. (b) The Nuisance Abatement Officer or any other city code enforcement officer or police officer may, without a Court order, take reasonable steps to abate a public nuisance and prevent it from recurring as long as the same may be accomplished without entering any enclosed building upon the parcel. (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„ dafing eaeh web vielatien, the seadues within thirty (30) days of each such separate_violation, e3keept the final sepaEmeneeded to prove a public nuisance under this Article, the city has sent by certified mail to the owners. property manager(sl and tenants or occupants of the parcel,a notice of violation. If however, an owner or property manager has filed an eviction action in a court of competent jurisdiction after receiving notice of a second violation, then the last separate violation; must hay occurred no less-than forty-five (45) days after the date of mailing of the last notice of violation. (d)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 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 athe Public Nuisance Hearing Officer designated by the City Manager and has notified the owner, occupant and/or property manager of such parcel (if known to the city) of the hearing and of the • separate violations to be considered at the hearing; and (3) Any owner, tenant or occupant and/or property manager appearing at such hearing has failed to demonstrate, to the satisfaction of the fly A4aaag PPublic Nuisance Hearing Officer, that he or she has contacted the Nuisance Abatement Officer after the first notice of violation and has undertakenaken 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; (4) aadjthe City MaAager-b&ic Nuisance Hearing Officer has determinesd that a public nuisance exists on such parcel. In g—determining whether a public nuisance exists under this ,provision, the detem inatie* the City Aanalwh blic Nuisance Officer shall be guided by, but not limited to, the criteria contained in § 20-116(a)(1) and (2). a. 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, tenants, 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's or property manager's response to the first notice of violation, and any aggravating circumstances related to either violation. If the owner, Prot manager, tenant eland occupants 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. b. If any owner,property manager, occupant or tenant has tiled guilty or no contest to, or has been found guilty of, any of the separate violations cited in a notice sent under subsection 20-113(d)(2). such plea or fmding shall be deemed to establish all the elements of such separate violation(s), including any culpable mental state required for the commission of such separate violation(s), and no further evidence shall be required with regard to the commission of such separate violation(s) at the hearing. C. The fact that a respondent took steps to abate the public nuisance after receiving such notice shall not preclude a determination that a public nuisance exists on the parcel under this subsection(d). (Ord. No. 28, 2000, 4-4-00; Ord.No. 072, 2004, §2, 5-18-04) Sec. 20-114. Procedures in general. (a) Pursuant to Article XX, Section 6, and Article VI, Section 1 of the Colorado Constitution, and Article VII, Section 1 of the Charter, the Municipal Court is hereby granted the jurisdiction, duties and powers to hear and decide all causes arising under this Article, and to provide the remedies specified herein. (b) Any civil action commenced under this Article shall be in the nature of a special statutory proceeding. All issues of fact and law in such civil actions shall be tried to the Court without a jury. No equitable defenses may be set up or maintained in any such action except as provided in § 20-116(a) below. Injunctive remedies under this Article may be directed toward the parcel or toward a particular person. (c) Public nuisances under the provisions of this Article shall be strict liability violations. No culpable mental state of any type or degree shall be required to establish a public nuisance under this Article or to obtain Court approval for the remedies provided under this Article except that, if a separate violation used by the city to establish the existence of a public nuisance has not been previously adjudicated, all of the elements of such separate violation(s), including any culpable mental state required for the commission of such separate violation(s), must be established by the city by a preponderance of the evidence at the trial on the merits of any civil action commenced under this Article. If any owner, property manager, occupant or tenant has vied guilty or no contest to, or has been found guilty of, any of the separate violations cited in the notice required under Section 20-115, such plea or finding shall be deemed to establish all the elements of such separate violation(s), including any culpable mental state required for the commission of such separate violation(s), and no further evidence shall be required with regard to the commission of such separate violation(s)at the trial on the merits of any civil action commenced under this Article. (d) Proceedings under this Article shall generally be governed by the Colorado Rules of County Court Civil Procedure unless this Article provides a more specific rule; provided, however, that with respect to the rules related to injunctions, Rule 65 of the Colorado Rules of Civil Procedure shall control rather than Rule 365 of the Colorado Rules of County Court Civil Procedure. Where this Article, the Colorado Rules of Civil Procedure or the Colorado Rules of County Court Civil Procedure fail to state a rule of decision, the Court shall first look to the Public Nuisance Abatement Act, Section 16-13-301 et seq., C.R.S., and the cases decided thereunder. (e)Actions under this Article shall be filed by the Office of the City Attorney for the city. (f) In the event that the city pursues any criminal penalties provided in any other section of this Code, any other civil remedies or the remedies of any administrative action, the remedies in this Article shall not be delayed or held in abeyance pending the outcome of any proceedings in the criminal, civil or administrative action, or any action filed by any other person, unless all parties to the action under this Article so stipulate. (g) Actions under this Article may be consolidated with another civil action under this Article involving the same parcel of real property. Actions under this Article shall not be consolidated with any other civil or criminal action except upon the stipulation of all parties. No party may file any counterclaim, cross-claim, third-party claim or set-off of any kind in any action under this Article. (Ord.No. 28, 2000,4-4-00) Sec. 20-115. Posting of notice of C-commencement of public nuisance actions P-1 netifeatien. (a)Nehfimtien befemfiUng eA4J aetiens under M&ArWeIeEosting of notice. (1) Upon service of the verified complaint or complaint by affidavit referred to below, the Nuisance Abatement Officer shall post a notice am! be posted-at some prominent place on the parcel. A netioe shall also be Reeerdei•—The posted arid-moile&notices shall state that the parcel has been identified as the location of an alleged public nuisance and that a civil action under this Article niay-behas been filed. (2) Agents of the city are authorized to enter upon the parcel for the purpose of posting these notices and to affix the notice in any reasonable manner to buildings and structures. (3) The city shall not be required to post ep inail-any notice specified herein whenever it determines that any of the following conditions exist: a. The public nuisance poses an immediate threat to public safety; b. Notice would jeopardize a pending investigation of criminal or public nuisance activity, confidential informants or other police activity; or c. Any other emergency circumstance exists. (b)Filing the civil action. An action under this Article shall be commenced by the filing of a verified complaint or a complaint verified by an affidavit, which may be accompanied by a motion for a temporary abatement order,through the Office of the City Attorney. No such action shall be commenced unless each of the separate violations asserted in support of such action has resulted in the issuance of a summons and complaint charging at least one(1)person responsible for such separate violation with the commission of the same. (1) The parties-defendant to an action commenced under this Article and the persons liable for the remedies in this Article may include the parcel of real property itself, any person owning or claiming any ownership or leasehold interest in the parcel, all tenants and occupants of the parcel, all managers and agents for any person claiming an ownership or leasehold interest in the parcel, any person committing, conducting, promoting, facilitating or aiding in the commission of a public nuisance and any other person whose involvement may be necessary to abate the nuisance, prevent it from recurring or to carry into effect the Court's orders. None of these parties shall be deemed necessary or indispensable parties. Any person holding any legal or equitable interest in the parcel who has not been named as a party-defendant may intervene as a party-defendant. No other person may intervene. (2) The parties-defendant shall be served as provided in the Colorado Rules of County Court Civil Procedure for other civil actions except as otherwise provided in this Article. (3) The summons, a n _ a e te.., a MYlt and, :f hbl �m b — () The Nuisance Abatement Officer or any other city code enforcement officer or police officer may serve the summons, complaint and, if applicable, the motion for temporary abatement. (Ord . No. 28, 2000,4-4-00) Sec. 20-116. Effect of abatement efforts; defense to action. (a) If a person named as a party-defendant is the owner of a parcel of real property and is leasing the parcel to one (1) or more tenants, or the person named has been hired by the owner of the parcel to manage and lease the parcel, and the separate violations which constitute the alleged public nuisance were committed by one (1) or more of the tenants or occupants of the parcel, it shall be a defense to an action under this Article that said person has: • (1) Evicted, or attempted to evict by commencing and pursuing with due diligence appropriate court proceedings, all of the tenants and occupants of the parcel that committed each of the separate violations that constitute the alleged public nuisance; and (2) Has, considering the nature and extent of the separate violations, undertaken and pursued with due diligence reasonable means to avoid a recurrence of similar violations on the parcel by the present and future tenants or occupants of the parcel. (b) If, in the judgment of the Nuisance Abatement Officer or Public Nuisance Hearing Officer a person who has received a notice of violation has established sufficient grounds to assert a defense to an action under Subsection (a) above, the separate violation which was the subject of the notice of violation shall no longer be considered a separate violation within the meaning of this Article. Nothing herein shall be construed to prohibit the introduction of evidence of said separate violation at a subsequent court proceeding, if a public nuisance action is commenced on the basis of additional separate violations, for the purpose of determining whether the defendants named in such action have undertaken and pursued with due diligence reasonable means to avoid a recurrence of similar violations on the parcel of real property by the present and future tenants or occupants of the parcel. (c) Except as provided in Subsection (a) above, the fact that a defendant took steps to abate the public nuisance after receivinge ither the notice specified in § 20-115 above or i the notice of Request for Hearing in Sec. 20-113 above or any other notice shall not constitute a defense to an action under this Article. (Ord.No. 28, 2000, 4-4-00) Sec. 20-117.Abatement orders. (a) Issuance and effect of temporary and permanent abatement orders. The issuance of temporary or permanent abatement orders under this Article shall be governed by the provisions of Rule 65 of the Colorado Rules of Civil Procedure, pertaining to temporary restraining orders, preliminary injunctions and permanent injunctions, except to the extent of any inconsistency with the provisions of this Article, in which event the provisions of this Article shall prevail. Temporary abatement orders provided for in this Article shall go into effect immediately when served upon the property or party against whom they are directed. Permanent abatement orders shall go into effect as determined by the Court. No bond or other security shall be required of the city upon the issuance of any temporary abatement order. (b)Form and scope of abatement orders. Every abatement order under this Article shall set forth the reasons for its issuance; shall be reasonably specific in its terms; shall describe in reasonable detail the acts and conditions authorized, required or prohibited; and shall be binding upon the parcel, the parties to the action, their attorneys, agents and employees, and any other person named as a party-defendant in the public nuisance action and served with a copy of the order. (c) Substance of abatement orders. Temporary or permanent abatement orders entered under this Article shall be narrowly tailored so as to address the particular kinds of separate violations that form the basis of the alleged public nuisance. Such orders may include: (1) Orders requiring any parties-defendant to take steps to abate the public nuisance; (2) Orders authorizing the Nuisance Abatement Officer or any other city code enforcement officer or police officer to take reasonable steps to abate the public nuisance activity and prevent it from recurring, considering the nature and extent of the separate violations; (3) Orders Fequir-ingrestraining certain named individuals to stay away from entering the parcel-alr�; (4) Orders restricting the number of guests allowed on the premises or restricting the types of activities upon the premises Orders reasonably necessary to access, maintain or safeguard the parcel; and/or (6) Orders prohibiting the rental of the parcel for a period not to exceed six (6)months, (765) Orders reasonably necessary for the purposes of abating the public nuisance or preventing the public nuisance from occurring or recurring including the revocation or suspension of any license or permit pertaining to the use of the premises; provided, however, that no such order shall require the seizure of, the forfeiture of title to, or the temporary or permanent closure of, a parcel, or the appointment of a special receiver to protect,possess,maintain or operate a parcel. (d) Temporary abatement orders. (1) The purpose of a temporary abatement order shall be to temporarily abate an alleged public nuisance pending the final determination of a public nuisance. A temporary abatement order may be issued by the Court pursuant to the provisions of this Section even if the effect of such order is to change,rather than preserve, the status quo. (2) At any hearing on a motion for a temporary abatement order, the city shall have the burden of proving that there are reasonable grounds to believe that a public nuisance occurred in or on the parcel and, in the case of a temporary order granted without notice to the parties-defendant, that such order is reasonably necessary to avoid some immediate, irreparable loss, damage or injury. In determining whether there are such reasonable grounds, the Court may consider whether an affirmative defense may exist under § 20-116(a) above. (3) At any hearing on a motion for a temporary abatement order or a motion to vacate or modify a temporary abatement order, the Court shall temper the rules of evidence and admit hearsay evidence unless the Court finds that such evidence is not reasonably reliable and trustworthy. The Court may also consider the facts alleged in the verified complaint or in any affidavit submitted in support of the complaint or motion for temporary abatement order. (e)Permanent abatement orders. (1) At the trial on the merits of a civil action commenced under this Article, the city shall have the burden of proving by a preponderance of the evidence that a public nuisance occurred on or in the parcel identified in the complaint. At such trial, the city must also prove, by a preponderance of the evidence, any separate violations asserted as grounds for the public nuisance action that have not been previously adjudicated. The Colorado Rules of Evidence shall govern the introduction of evidence at all such trials. (2) Where the existence of a public nuisance is established in a civil action under this Article after a trial on the merits, the Court shall enter a permanent abatement order requiring the parties-defendant to abate the public nuisance and take specific steps to prevent the same and other public nuisances from occurring or recurring on the parcel or in using the parcel. (Ord. No. 28, 2000, 4-4-00) Sec. 20-118. Motion to vacate or modify temporary abatement orders. (a) General. At any time a temporary abatement order is in effect, any party-defendant or any person holding any legal or equitable interest in any parcel governed by such an order may file a motion to vacate or modify said order. Any motion filed under this Subsection (a) shall state specifically the factual and legal grounds upon which it is based, and only those grounds may be considered at the hearing. The Court shall vacate the order if it finds by a preponderance of the evidence that there are no reasonable grounds to believe that a public nuisance was committed in or on the parcel. The Court may modify the order if it finds by a preponderance of the evidence that such modification will not be detrimental to the public interest and is appropriate, considering the nature and extent of the separate violations. (b) Continuance of hearing. The Court shall not grant a continuance of any hearing set under this Section unless all the parties so stipulate. (c) Consolidation of hearing with other proceedings. If all parties so stipulate, the Court may order the trial on the merits to be advanced and tried with the hearing on these motions. (Ord.No. 28, 2000, 4-4-00) Sec. 20-119. Civil judgment. In any case in which a public nuisance is established, in addition to a permanent abatement order, the Court may impose a separate civil judgment on every party-defendant who committed, conducted, promoted, facilitated, permitted, failed to prevent or otherwise let happen any public nuisance in or on the parcel that is the subject of the public nuisance action. This civil judgment shall be for the purpose of compensating the city for the costs it incurs in pursuing the remedies under this Article, including but not limited to costs of service of process, staff time, and/or attorneys fees. (Ord.No. 28, 2000,4-4-00) Sec. 20-120. Supplementary remedies for public nuisances. In any action filed under the provisions of this Article, in the event that any one (1) of the parties fails, neglects or refuses to comply with an order of the Court, the Court may, upon the motion of the city, in addition to or in the alternative to the remedy of contempt and the possibility of criminal prosecution, permit the city to enter upon the parcel of real property and abate the nuisance, take steps to prevent public nuisances from occurring or perform other acts required of the defendants in the Court's orders. (Ord. No. 28, 2000, 4-4-00) Sec. 20-121. Stipulated alternative remedies. (a) The city and any party-defendant to an action under this Article may voluntarily stipulate to orders and remedies, temporary or permanent, that are different from those provided in this Article. (b) The Public Hearing Officer may accept such stipulations for alternative remedies and may order compliance therewith only when the resoondingparties admit to the existence of a public nuisance upon the parcel. c The Court_shall-mu accepte such stipulations for alternative remedies and make such stipulations an order of the Court, and they almll be enforceable as an order of the Court. (Ord. No. 28, 2000,4-4-00) See. 20-122.Remedies under other laws unaffected. Nothing in this Article shall be construed as: (1) limiting or forbidding the city or any other person from pursuing any other remedies available at law or in equity, or (2) requiring that evidence or property seized, confiscated, closed, forfeited or destroyed under other provisions of law be subjected to the special remedies and procedures provided in this Article. (Ord. No. 28,2000, 4-4-00) Sec. 20-123.Limitation of actions. Actions under this Article shall be filed no later than one (1) year after the public nuisance or the last in a series of acts constituting the public nuisance occurs. This limitation shall not be construed to limit the introduction of evidence of separate violations that occurred more than one (1) year before the filing of the complaint for the purpose of establishing the existence of a public nuisance or when relevant to show a pattern of conduct or for any other purpose. (Ord. No. 28, 2000,4-4-00) See. 20-124. Effect of property conveyance When title to a parcel is conveyed from one (1) person to another, any separate violation existing at the time of the conveyance which could be used under this Article to prove that a public nuisance exists with respect to such parcel, shall not be so used unless a reason for the conveyance was to avoid the parcel being declared a public nuisance under this Article. It shall be a rebuttable presumption that a reason for the conveyance of the parcel was to avoid the parcel from being declared a public nuisance under this Article if: (1) the parcel was conveyed for less than fair market value; (2) the parcel was conveyed to an entity or entities controlled directly or indirectly by the person conveying the parcel; or (3) the parcel was conveyed to a relative(s) of the person conveying the parcel. (Ord. No. 28, 2000, 4-4-00) Sec. 20-125. Severability. In the event that any provision of this Article is declared to be unconstitutional or invalid for any reason, the remaining provisions of this Article shall be upheld and enforced unless the remaining provisions would create an unreasonable or unjust result. (Ord.No. 28, 2000, 4-4-00) Attachment 7—Nuisance Gathering Amendment NUISANCE GATHERINGS Sec. 20-30. Declaration of nuisance. A social gathering or party which is conducted on residential premises within the city and which, by reason of the conduct of those persons in attendance, results in the occurrence of any one or more of the following conditions or events on neighboring public or private property: rioting, the unlawful carrying or possessing an open container of alcohol or fermented malt beverage in public; public urination or defecation; the unlawful sale, famishing, possession or consumption of alcohol or fermented malt beverages; the deposit of trash or litter; the destruction of property; the generation of pedestrian or vehicular traffic, standing, or parking which obstructs the flow of traffic or interferes with the ability to render emergency services; excessive, unnecessary, or unreasonable noise which disturbs the comfort, quiet, or repose of the neighborhood, including public disturbances, brawls, fights, or quarrels; or conduct or condition which injures, or endangers the safety or health of the neighborhood, or results in any indecent or obscene conduct, or results in any indecent exposure by persons attending the social gathering or party, is hereby declared to be an unlawful public nuisance. Section 20-31. Definitions Social gathering shall mean a party, gathering or event of five (5) or more persons who have assembled or are assembling for a social activity or for a special occasion. Cost of abatement shall mean the costs incurred by the city or the Poudre Fire Authority to respond to and/or abate the public nuisance defined in Section 20-30. Such costs of abatement may include, without limitation, the cost of paying police officers or any other city or Poudre Fire Authority employees; any equipment expense incurred by the City or the Poudre Fire Authority; any appropriate overhead; the cost of any medical treatment to injured police officers or other personnel dispatched to the scene of the nuisance; any loss or damage incurred by any City department or the Poudre Fire Authority, and the cost of repairing any damaged equipment or property. If the responsible person cleans up any trash and litter from the social gathering on public or private property within twelve (12) hours of contact by police, the cost of abatement will not include any city clean up costs. Responsible person shall mean the record owner of the property where the social gathering or party takes place; or the person, occupant, or tenant having any possessory control or otherwise in charge of the premises; or the person or persons who either sponsors, conducts, hosts, invites, or permits a social gathering or party that becomes a public nuisance as defined in Section 20-30. If such a person is under the age of eighteen (18) years, the term "responsible person" includes, in addition,the person's parent(s)or guardian(s); Sec. 20-32. Prohibited;penalty. (a) Any person being the owner, occupant, tenant, or otherwise having any possessory control, individually or jointly with others, of any premises who either sponsors, conducts, hosts, invites, or permits a social gathering or party which is or during the course thereof becomes a public nuisance as defined by Section 20-30 is hereby deemed to have committed a misdemeanor, and • upon conviction shall be subject to the penalties as provided by Section 1-15 of this Code, and may further be ordered as a condition of any sentence, to pay the costs of abatement contained in Section 20-33. In any prosecution for a violation of this section,proof that the owner or tenant of the premises upon which the nuisance party 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. (b) All participants in any party or social gathering declared to be a public nuisance by a police officer shall cease participating and immediately disperse upon order of a police officer, and all persons not domiciled at the site of such party or social gathering shall leave the property immediately. Any person failing or refusing to obey and abide by such order commits a misdemeanor criminal offense, and any person convicted of a violation of this subsection shall be subject to the penalties provided by Section 1-15 of this Code. Sec. 20-33. Payment of costs of abatement; assessment; appeal. (a) The cost of abating a public nuisance defined by Section 20-30 shall be assessed against the premises and responsible persons and shall be a lien upon the property until such assessment is paid. (b) The City Manager or his designee shall cause the Financial Officer to bill the responsible persons for the cost of abatement, which bill shall include the name and address of the responsible persons, the date and time of the incident and the expenses incurred by specific city departments in responding to or abating the public nuisance. (c) Any responsible person who wishes to dispute the determination that they are liable for the cost of abatement may do so by submitting a request to the City Manager for an administrative review hearing in writing no more than ten (10) days after the assessment of the cost of abatement. The city and the responsible person disputing the fee shall be given notice of the hearing and an opportunity to be heard. (d) If any such assessment is not paid within thirty(30) days after 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 other responsible persons as may be known, or after administrative review, the Financial Officer is authorized to certify to the county Treasurer the delinquent assessment, 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 certification, is 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 is not subject to taxation, the Financial Officer may elect alternative shall mean 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. Sec. 5-34. Other remedies. Nothing in this article shall be construed as affecting the ability of the city to initiate or continue concurrent or subsequent criminal prosecution or civil proceeding for any violation of the provisions of the city code or state law arising out of the circumstances necessitating the application of this article.