HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/01/2005 - SECOND READING OF ORDINANCE NO. 019, 2005, AMENDIN ITEM NUMBER: 8
AGENDA ITEM SUMMARY DATE: March 1, 2005
FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry
Steve Roy
Tess Heffernan
SUBJECT
Second Reading of Ordinance No.019,2005,Amending Chapter 20 of the City Code to Add a New
Article Relating to Nuisance Gatherings.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
The Nuisance Gatherings provision creates a new misdemeanor criminal offense directed at social
gatherings or parties that result in nuisance behaviors occurring on neighboring properties. These
amendments would be in conjunction with continued efforts to more effectively and proactively
enforce current nuisance laws, including loud parties, code compliance issues and the Public
Nuisance Ordinance. Ordinance No. 019, 2005, was adopted 6-0 (Councilmember Bertschy was
absent) on First Reading on February 15, 2005. The motion included direction to incorporate on
Second Reading an amendment regarding party guest responsibility for costs of abatement. Staff has
drafted a separate Ordinance (see Item#27) to specifically address that issue.
ORDINANCE NO. 019, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF FORT COLLINS
TO ADD A NEW ARTICLE RELATING TO NUISANCE GATHERINGS
WHEREAS, the City has experienced over the years periodic social gatherings on private
property in the City that have resulted in riotous behavior on the part of those attending these
gatherings; and
WHEREAS, the City Council wishes to address those social gatherings which result in
nuisance behaviors occurring on neighboring public and private properties and to enable police to
better cope with such gatherings; and.
WHEREAS,the control of large parties,gathering or events on private property is necessary
when such activity is a threat to the peace, health, safety or general welfare of the public and
neighboring property owners; and
WHEREAS,police are often called to make return trips to the location of a social gathering
in response to complaints of unreasonable noise or other disruptive or dangerous behavior,in order
to disperse uncooperative or disorderly participants or to enforce criminal laws, and the return of
officers to such a location drains city resources, leaving other areas of the city with minimal levels
of police and other City services,all of which poses a significant hazard to the safety of officers and
to the public in general; and
WHEREAS, the City's cost in responding to such gatherings and in cleaning up the debris
left by such gatherings is appropriately bome by the persons hosting, participating or otherwise
knowingly allowing the same; and
WHEREAS, the City Council believes that this proposed ordinance will provide City law
enforcement personnel with another tool to more effectively and proactively address the nuisance
behaviors resulting from such gatherings and to enforce compliance against those hosting,
participating or otherwise knowingly allowing such gatherings.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That a new Article III, titled "Nuisance Gatherings" is hereby added to
Chapter 20 and the remaining Articles renumbered accordingly.
Section 2. That a new Section 20-30 is hereby added to the Code of the City of Fort
Collins to read in its entirety as follows:
Sec. 20-30. 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 § 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.
Offending property owner shall mean the record owner of the property where
the social gathering or party which has been determined to be a public nuisance under
§ 20-31 took place.
Responsible person shall mean any person convicted of a violation of§ 20-
32(a). 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).
Section 3. That a new Section 20-31 is hereby added to the Code of the City of Fort
Collins to read in its entirety as follows:
Sec. 20-31. Nuisance gatherings.
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,furnishing,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 4. That a new Section 20-32 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows:
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 or hosts a social gathering or party and knowingly permits such
social gathering or party to become a public nuisance as defined by § 20-31 is
hereby deemed to have committed a misdemeanor, and upon conviction shall be
subject to the penalties as provided by §1-15 of this Code, and may further be
ordered as a condition of any sentence,to pay the costs of abatement pursuant to§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 sponsored, conducted or hosted the social gathering or party 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 social
gathering or party 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 section shall be subject to the
penalties provided by § 1-15 of this Code.
(c) Proof that a person convicted of a violation of this Section had attempted
to disperse the participants at the social gathering or party and had initiated contact
with Fort Collins Police Services for assistance shall be a mitigating factor in
determining an appropriate penalty and apportionment of the cost of abatement.
Section 5. That a new Section 20-33 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows:
Sec. 20-33. Payment of costs of abatement; assessment; appeal.
(a) The cost of abating a public nuisance defined by §20-30 shall be assessed
against the responsible person(s)according to such apportionment as the Municipal
Judge may deem appropriate. Any unpaid costs assessed against an offending
property owner 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 he
or she is 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 against an offending property owner 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 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.
Section 5. That a new Section 20-34 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows:
See. 20-34. 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.
Introduced and considered favorably on first reading and ordered published in summary form
this 15th day of February,A.D. 2005,and to be presented for final passage on the 1 st day of March,
A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 1st day of March, A.D. 2005.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 32 A-C
AGENDA ITEM SUMMARY DATE: February 15, 2005
FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry
Steve Roy
Tess Heffernan
SUBJECT
Items Relating to Nuisance Gatherings, Public Nuisance Amendments and Rental Registrations.
RECOMMENDATION
Staff recommends adoption of these Ordinances on First Reading.
FINANCIAL IMPACT
Within the Fort Collins city li Offiowilig
x a y 50 rental units in boarding houses,
and in single-family, two-fam' and m ng up to and including four-plexes.
The total cost to administer t ropoistration rogram for the first two years is
estimated at $459,000 which inc u es t direct and indirect costs:
Personnel $ 297,000
.3 Systems Analyst
.5 Administrative Aide
1.0 Housing Inspector
Hourly temporary staff
Equipment and software $ 148,000
Enables online registration and payment
Miscellaneous fees, postage, etc. 14,000
Total for first two years $459,000
EXECUTIVE SUMMARY CN
A. First Reading of Ordinan No. 01 , O5, endin hapter 20 of the City Code to Add
a New Article Relating to Nuisance Gatherings.
The Nuisance Gatherings provision creates a new misdemeanor criminal offense directed at
social gatherings or parties that result in nuisance behaviors occurring on neighboring
February 15, 2005 -2- Item No. 32 A-C
properties. These amendments would be in conjunction with continued efforts to more
effectively and proactively enforce current nuisance laws, including loud parties, code
compliance issues and the Public Nuisance Ordinance.
,..W
B. First Reading of Ordin(ent
e No. 0, 20 m din Ch pter 20, Article VIII of the City
Code Relating to Abat of blic is ces.
The Public Nuisance Ordinance(PNO)has proven to be an effective tool in reducing repeat
violations at specific properties. These amendments are intended to improve current
processes and strengthen the enforcement provisions of the ordinance.
C. First Reading of Ordinance No. 021, 2005, Amending Article VI, Division 2 of the City
Code Relating to Residential Rental Registration.
The Residential Rental Registration Ordinance establishes procedures for identifying ALL
rental units within the city limits of Fort Collins, excluding only multi-family units larger
than four-plexes. The purpose of the Rental Registration Program is to identify rental units,
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.
BACKGROUND ,P. -Y
City Council discussed these three ordinances at its study session on January 25, 2005 and directed
staff to bring these forward for formal consideration by the Council with certain changes. These
changes, as well as other staff-initiated changes, are shown in bold faced type.
Item A - Nuisance Gatherings
This proposed ordinance will add another tool to more effectively and proactively address the
nuisance behaviors resulting from such gatherings and enforce compliance against those hosting,
participating or otherwise knowingly allowing such gatherings.The Nuisance Gatherings provision
includes the following:
a. Declares social gatherings of five or more people assembled for a social
activity or spec i si n'tha re It" the oc rrence of unlawful and
harmful behavi ' and co ition n ei bort ublic or private property
by person atten g suclh ather' gs be a pu is nuisance;
b. Requires participants in the nuisance gathering to cease and requires all
persons not domiciled at the premises to immediately disperse;
February 15, 2005 -3- Item No. 32 A-C
C. 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) calle 10Apo d-tot, nd b the nui�nce party. The cost of
abatement can le incur d as o ereY
titution. It can also be
collected as a s ate as sine a inst theerty if the property owner
has been convict f'a vi ati of a ordin
A variety of methods will be used to inform and educate stakeholders (property owners, property
managers, tenants and neighbors) and all community members about this change to the Code.
Item B - Public Nuisance Ordinance Amendments
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 property.
Most problems are resolved after a 1 st 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 2nd or 3rd
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: Ir 1,q' _ -
'r` s
a. Deletes the pro ionr q ing st' g of notice that a civil public nuisance
action will be filed" in 10 s; ins ead, requires that the posting on the
property occur at the time the civil action is filed;
b. Amends the provision requiring a 45-day waiting period after a second (or
fourth)violation to apply only if the property owner or manager has actually
filed an eviction proceeding after notice of the second (or fourth) violation.
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. Adds provisions clarifying when property managers are subject to the
ordinance;
d. Adds a provision llowin %eccivoirend Publ c Nuisance Ordinance
notices to any a ress kn a n e5tyNreds
ility,registration or other
records rather an be const ly`'to of the Larimer County
Clerk and Reco er,
e. Adds a provision stating that a plea or verdict of guilty to the underlying
violation(s)proves the public nuisance,thereby alleviating the need to again
prove the existence of the public nuisance in the PNO action;
February 15, 2005 -4- Item No. 32 A-C
f. Adds a provision clarifying that a party's abatement efforts taken only after
the final notice of violation does not constitute a defense under the ordinance;
g. Adds a provisio ai 'n YtP
b eelhe City and any party to
be accepted by e Cou r Her; `
h. Adds a provision owing bers nclude a restriction on the
number of occupants or guests or the types of activities on the premises, as
well as revocation or suspension of any license or permit pertaining to the
use of the parcel.
i. Offers for Council's consideration a provision (Option A) which authorizes
an order prohibiting the rental of a parcel, but only if the owner of the
property has failed to abide by a previous abatement order pertaining to the
same parcel.
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.
Item C - Rental Registration
The goal of the Residential ReC� Ri atio ro am iIt
complish the following:
a. Identify all rental units within the city limits of Fort Collins;
b. Educate all parties about Rental Housing Standards and other City Code
provisions; and
C. Increase the efficacy of nuisance code enforcement through a local contact
and better information sharing.
Work is underway to develop a user-friendly registration system that is easily accessible and meets
the needs of all stakeholders. The initial registration process will use 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 totally independently
using an online system. Project t a me ers hoe to have this capability ready no later than
September 2005. .
eY �
Registration Information Requ `' d P
The following basic information will be asked of rental property owners at the time of registration:
• Address of rental property
• Name of and contact information for property owner
February 15, 2005 -5- Item No. 32 A-C
• Name of and contact information for local agent
• Acknowledgment of having read and understood the City Rental Housing
Standards
• Acknowledgment o avigtg d s City~Lease Addendum and
accompanying bro re
The information on the rental re "str�on o icomplet 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 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.
Term and Fees
Registration will be required on a biennial basis (every two years) or within 30 days after any
change of ownership. The fee will be $65.00 per dwelling unit for the initial two-year registration
period, with renewal required every two years. 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. Pr e rs o c' " P14Wiith the registration requirement
or registration updates after no e from Dire o ildi nd Zoning would be subject to the
penalties imposed under Secti 1-15 ( to $ 0 me and/ six (6) months in jail).
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.
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 County Assessor's records list an owner at an address different from
the property. At the same time staff will conduct Registration "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 pr am i. of y - n the beginning, however staffmembers are prepared to use it-in, f in, w k cl%na
sand other such methods to ensure
that registration can be imple teas 'mp as ossible. urrent plans are to implement the
Registration Program on April 1, 05 with t e goa o reaching and registering as many properties
as possible by August 1,2005,allowing for a five 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.
February 15, 2005 -6- Item No. 32 A-C
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.
ATTACHMENTS - �
1. Lease Addendum and Acknowledgment Form
2. Residential Rental Housing Registration Form
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