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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/23/2005 - OCCUPANCY ORDINANCE DATE: August 23, 2005 STAFF: Darin Atteberry WORK SESSION ITEM Steve Roy FORT COLLINS CITY COUNCIL Beth Sowder SUBJECT FOR DISCUSSION Occupancy Ordinance This session will focus on revisions to the City's current ordinance prohibiting more than three unrelated persons from inhabiting a single dwelling unit. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED At the conclusion of the discussion, Council will be asked to answer the following questions: 1. Does Council prefer Option A or B as detailed below? 2. Should occupancy limits apply to only single-family and duplexes or should they also apply to multi-family complexes? 3. Is the proposed time line acceptable? 4. Does Council have any feedback regarding ancillary Code changes, e.g. Boarding House Zoning changes, and PNO "housekeeping" changes? 5. Does Council wish to move forward at this time with amendments to the rental housing code and/or amendments regarding blighted buildings? BACKGROUND At the June 14, 2005 work session,Council gave direction for staff to change the City's occupancy regulation to a civil infraction with a baseline maximum occupancy of three unrelated adults. Council also wanted to consider a permit system allowing four adults in dwelling units with no or few violations that would be entirely fee-supported, and would include a phasing-in period for implementation. Staff was also instructed to identify existing areas with high concentrations of rentals in order to propose areas for "overlay zones", to refine the definition of"family", and to change the language to remove the home occupation "loophole" that currently exists. Staff has previously recommended that any revised version of the occupancy limit be made a civil infraction, so as to make the ordinance more enforceable. Council has agreed. The burden of proof in a civil case is by a preponderance of the evidence rather than beyond a reasonable doubt, and August 23, 2005 Page 2 adverse parties (those charged with a violation) can be called as witnesses in civil cases. For these reasons, all three options state that a violation of the occupancy limit would be a civil infraction. Family Definition and Occupancy Limit In an effort to keep the occupancy limit separate from the definition of family and to make it easier to understand, staff has proposed a new definition of family and a separate maximum occupancy limit not based upon relatedness. The proposed definition of Family shall mean an individual living alone or any number of persons who are all related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship living together as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities. Unless a valid permit, certificate, or variance allowing more adults has been issued by the City to the owner of the property, the proposed Occupancy Limit in a single family or two family dwelling would be: 1. a family plus not more than one caregiver, if any, or; 2. not more than three adults and their dependents, if any. Attachment 1 shows examples of what is currently allowed and what would be allowed using the new definition of family with the new occupancy limit. Revised Occupancy Options for Council Consideration 1. Option A: family or three adults 2. Option B: family or three adults, plus permit for four anywhere in the city Option A: family or three adults (Attachments 2 and 4) This option would allow for occupancy of dwelling units in single-family or two-family dwellings by a family plus a caregiver or not more than 3 adults and their dependants if any. Boarding houses would remain as an option in many zones. Boarding houses are used to accommodate, for compensation, four or more boarders or roomers. The building does not have to be owner-occupied or occupied by a family or resident caretaker. The only regulation that might limit the number of occupants in a boarding house is parking. The Land Use Code requires one off-street parking space for every 2 beds. In order for a boarding house to be approved, the property must be in a zone that allows the use, and then the applicant must submit a development application for the review process. The type of review process is determined by the zone that the property is in. Once the development plan is approved, the applicant may apply for a building permit to construct the building or convert the existing building. The review of the building permit application will ensure that the building complies with applicable building and rental housing codes. When the work is done, a final building inspection and final zoning inspection is done to make sure that everything was completed per the approved plans. If the inspections find that everything is okay, then a certificate of occupancy is issued. August 23, 2005 Page 3 To ensure that boarding houses do not provide a"loophole"in single family neighborhoods, staff recommends that Council change the maximum occupancy limit for boarding houses in the LMN, (Low-Density Mixed-Use Neighborhood), zone to four. The intent of this change would be to maintain the character of single-family LMN neighborhoods. Attachment 4 is a map illustrating occupancy limits, by zone, as proposed under Option A. Option B: A "family"plus a caregiver or three adults; or, with a permit, four adults anywhere in the city (Attachment 3 and 5) If this option is chosen, staff also recommends the elimination of new boarding houses in the LMN zone in favor of the permit system because it would be easier to understand and administer. Boarding houses that exist in the LMN zone may be required to submit documentation showing that they were legal uses at the time such use was established. In the event that no such documentation can be presented, it is expected that these properties would be subject to the "permit for four" process. Permit requirements would include: 1. Three off-street parking spaces; and 2. Proof of safety certifications for gas heating equipment and electrical systems from a City licensed contractor; and 3. Payment of all application, inspection, and permit fees; and 4. The property must have been inspected by the City or by a City-approved inspection agency verifying that the dwelling meets the requirements of the Rental Housing Standards. The Building Official may consider,when determining whether to grant an initial or renewal application, any history or pattern of the applicant and/or applicant's property managers or tenants at any of the applicant's properties of: 1. Code violations related to the use of the property; 2. Failing to abate or correct any such violations after being ordered to do so by an enforcement officer, referee, or judge; or 3. Failing to obtain a permit pursuant to Section 5-263. Penalties for a civil infraction could include: I. The imposition of a civil penalty not less than$500 and not to exceed$1000 for each violation. Each day during which the limitation on the number of occupants is exceeded shall constitute a separate violation; 2. A court order to comply with any conditions reasonably calculated to ensure compliance with the Code or with the terms and conditions of any permit or certificate granted by the City; 3. An injunction or abatement order; 4. Suspension or revocation of any permit or certificate issued by the City with respect to the dwelling unit. August 23, 2005 Page 4 Attachment 5 is a map illustrating occupancy limits, by zone, as proposed under Option B. Overlay Zones Research Council requested that staff look at overlay zones for allowing more than 3 adults in areas where there is already a large concentration of rentals. Staff research shows that these overlay zones would be almost identical to existing zones that allow boarding houses. In analyzing how to determine overlay zones, staff decided to use census data because it is the most accurate information available. The Assessor cautioned against using that office's data because it is inaccurate due to reporting flaws. Staff concluded that existing census districts with majority of rental units are basically the SAME as existing zones that allow boarding houses. Based on the above, this concept is in effect no different than Option A. Staff recommends educating property owners on current legal zones where boarding houses are allowed. Other Analysis and Chan 1. Occupancy limit would apply only to single-family and duplexes. Staff recommends that the occupancy limit only apply to single-family homes and duplexes. Our research shows that the majority of nuisance code violations exist at single-family and duplexes rather than larger multi-family complexes (Attachment 6). In addition, the existing Code already allows multi-family complexes to go through development review to get approval for higher occupancy if parking and other requirements are met. The memo sent to Council on July 19, 2005 (Attachment 7), summarizes what staff found after researching other communities from the report Council received outlining "What Other College Communities Have Done". The occupancy numbers listed in the mentioned communities were somewhat deceiving since they applied only in certain zones or there were methods available to increase the occupancy limit. Universally,occupancy enforcement is difficult and in the contacted communities is typically done on a complaint basis. Lastly, different zoning or overlay zones allowing different occupancy levels bring both pros and cons for consideration. 2. Removing the home occupation "loophole." With the new proposed definition of family and the new proposed occupancy limit, staff was able to remove the home occupation"loophole"by removing the ability to get a home occupation license to rent rooms in section 5.1.2, (Attachment 2). There is no intention to"grandfather"current home occupation licenses for the renting of rooms to boarders.Those licenses would not be renewed when they expire. 3. Truth in Advertising. Under the recommended ordinances,owners and property managers would have to include property the maximum permissible occupancy of a rental property in any written ad or representation about the rental of the property. August 23, 2005 Page 5 4. Miscellaneous Change. Lastly, Attachments 8, 9 and 10 are ordinance changes needed in order to include civil infractions to violations required in the Public Nuisance Ordinance, to allow the judge to appoint a referee to hear civil cases, and to allow for a civil infraction as the penalty for a violation of the occupancy limits. The PNO changes include minor housekeeping changes as well as allowing civil infractions to be included as PNO violations. It also takes away the 10 day waiting period between the posting of the 3rd violation and the filing of the civil action. Financial Impacts No matter which option is chosen, staff anticipates the changes to the City Code immediately will create massive demand for complaint-investigation services responding to occupancy-limit violations, enough to fill one FTE City"Housing Compliance Officer"priced around$100,000 per year including the additional administrative support component, which works out to about$50 per hour. Option B— Occupancy Permit program for 4 adults, fully funded by fees. With no accurate way to predict how many property owners will apply for a permit or how many fines the court will impose, and thus, provide a clear picture of how much of the program will actually cost, we are limited to `best-guessing' based on available information, namely the 2000 Census and the recent"Corona Study". Extrapolating the census data to the present, tells us that of the estimated total 21,000 renter-occupied housing units, approximately 5000 are detached single-family dwellings and 1500 are two-family dwellings. From the Corona study, we estimate that of the approximately 1100 of the households in violation of the current occupancy limit, 800 are single-family households. Assuming that 50%, or about 400 of these households will apply for a permit in the first year and that perhaps another 25% (-1400 dwellings) of households currently complying with occupancy limits will also apply in the first year, we then could anticipate that somewhere between 1800 to 2500 applications and at least as many inspections would be processed in the first year. In an effort for the City to remain responsive to the expected demand, Staff is recommending we utilize "Approved Third-party Inspection Agencies" (as defined in the attached proposed revised "Rental Housing" ordinance) under contract to perform the bulk of the initial inspections. This option would allow private out-sourcing with the advantage of the City retaining adequate quality- assurance control and program management,plus the organizational agility to very quickly respond to unanticipated changes in service demand. City-staff provided services could then be reserved for the highly-likely, sharp increase in citizen complaint follow-up related to alleged occupancy violations as a result of the attached recommended draft City Code revisions. Fees for qualified private third-party providers contacted by staff range from approximately$75 to$150 per hour,and it is likely they will charge at least 2 hours for each inspection. Therefore, annual costs to the City are estimated below assuming the number of permits range between 1800 and 2500 in the first program year based on the above "model" with private third- party inspectors and property owners setting fees as a private matter; and an FTE City inspector for complaints and quality control over the private third-party inspections. August 23, 2005 Page 6 Annual Costs with Application/Permit and Inspection Requirement 1,800 Apps 2,500 Apns Administrative support costs $37,000 $49,000 Housing & Occupancy Compliance Program $84,000 $84,000 (Inspector+ related commodities, supplies, etc. Miscellaneous (postage, supplies, programming) $25,000 $50,000 Total annual cost range for the program: $146,000 $183,000 Triennial (3 yr.) application/permit fee needed to recover total costs of service: $ 240 $ 225 Option A —No permit, continue to rely on complaint process to address occupancy violations in excess of 3 adults. Relative to program funding,fines would be designed as a deterrent and would be significant—now proposed to be assessed at$500 to $1000 per day. However, because it would still be necessary to prove violations by a "preponderance of evidence", there is no way to estimate how much of such funding source would be available to offset the costs estimated below. Annual Costs without Application/Permit and Inspection Requirement Administrative support staff costs $ 16,000 Housing & Occupancy Compliance Program $ 84,000 (1 FTE Inspector+ related commodities & contractual services) Total to be recovered by assessed fines: $100,000 Staff will provide an update to Council regarding the actual costs of the program in August 2006. Other Upcoming Related Code Changes Staff will be bringing forwarded several other related Code changes in the next few months for Council consideration. These proposed changes will encompass several of the Nuisance Codes, recommending that additional nuisance violations be changed from criminal violations to civil infractions which would impose an immediate fine without creating a criminal record. Additionally,the Building Official is recommending many code revisions and updates to the existing Rental Housing Code. August 23, 2005 Page 7 Finally, several Council members have recently approached the City Manager expressing concerns about the City's ability to mitigate properties with exterior maintenance issues. In response, staff has identified possible changes to the City Code that might be used to enable the City to be more proactive regarding exterior maintenance and related issues. The intent of such amendments would be to protect the public health,safety,peace and welfare by guarding against blight. The legislation would define "blight," which may include dangerous buildings, nuisance buildings, perhaps buildings that have not received a certificate of occupancy within a certain period of time,buildings which are subject to invasion by persons or animals,buildings which have been barricaded in excess of a certain period of time, buildings which are used for some type of noxious or nuisance activity, buildings which are dilapidated,deteriorated,or poorly kept,perhaps properties where foundations or open pits have been dug and left open in excess of a certain period of time, and perhaps some type of more general provision regarding buildings which are injurious or dangerous to the comfort, health or safety of the public. Timeline Staff recommends that these revisions to the occupancy ordinances be written so that they become effective on August 1, 2006. This is the date that most leases turn over in Fort Collins. This would give most property owners time to adjust their leases and get their permits in time for their new tenants. Staff also recommends conducting outreach to citizens from August 24, 2005 through October 18, 2005 in order to ensure that interested parties are engaged in the discussion prior to Council's first reading. This outreach would include press releases, emails and website updates. From October 18, 2005 and on-going, outreach will include all of the above plus stakeholder and public meetings to inform citizens about the changes. ATTACHMENTS Changing the occupancy limit requires changes to multiple codes. The following attachments are included: 1. City of Fort Collins Occupancy Provisions—What was allowed before vs. What would be allowed under new proposed definition 2. Draft of Ordinance No._,2005,Making Various Amendments to the City of Fort Collins Land Use Code Relating to Residential Occupancy Limits 3. Draft of Ordinance No. , 2005,Amending Chapter 5,Article VI of the Code of the City of Fort Collins Relating to Rental Housing 4. Map of Option A Occupancy Limits by Zone Districts 5. Map of Option B Occupancy Limits by Zone Districts 6. Memorandum to Council dated July 19, 2005 regarding Occupancy and other communities August 23, 2005 Page 8 7. Memorandum to Council dated July 19,2005 regarding Comparison of nuisance violations between single-family and multi-family units 8. Draft of Ordinance No. , 2005, Amending Chapter 20, Article VIII of the Code of the City of Fort Collins Relating to Abatement of Public Nuisances 9. Draft of Ordinance No. , 2005, Amending Code of the City of Fort Collins Relating to Court Referees 10. Draft of Ordinance No. , 2005, Amending Code of the City of Fort Collins Relating to General Penalties 11. Presentation Slides Attachment 1 • City of Fort Collins Occupancy Provisions Current City Code includes the following: Family shall mean an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities: 1. Any number of persons related by blood,marriage, adoption, guardianship or other duly authorized custodial relationship;or Any unrelated group of persons consisting of: a. not more than three unrelated persons;or b. not more than two unrelated adults and their related children, if any. The Home Occupation definition currently allows: (f)the renting of rooms to not more than two(2)persons per dwelling, provided that the residence in which the home occupation is conducted is occupied by the owner. Staff would like to propose the following changes: Family shall mean an individual living alone or any number of persons all of whom are related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship living together as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities. Occupancy Limits The maximum occupancy allowed in a single family or two family dwelling unit shall be: a. a family plus a caregiver,if any,or; b. not more than three adults and their dependents, if any, (unless a valid permit, certificate, or variance allowing more adults has been issued by the city to the owner of the property.) This revision would include eliminating the renting of rooms as a legal home occupation. EXAMPLES OF ALLOWED USES: •Up to three adults and their children. •Three adults, whether related or not. •An unmarried or married couple and one roomer. •An unmarried couple and their children. •A family and a nanny. •A family and a live-in caregiver. EXAMPLES OF USES ALLOWED WITH "PERMIT FOR FOUR" OPTION: • Two couples(married or not)sharing a house. • A married or unmarried couple plus two roomers. • Four adults, whether related or not. • In summary,the proposed changes eliminate the ability for three adults (one of whom owns the home) to legally rent to an additional two roomers. The changes also remove the question of"relatedness." Family is more dearly defined and the occupancy limits are no longer focused on the City interpreting what constitutes a "family." • Attachment 2 DRAFT ORDINANCE NO. , 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE RELATING TO RESIDENTIAL OCCUPANCY LIMITS WHEREAS,on March 18, 1997,by Ordinance No. 51, 1997, the Council of the City of Fort Collins adopted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors,but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, the staff of the City have reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and have made recommendations to the • Council regarding such issues; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, the Council has determined that the Land Use Code amendments which have been proposed are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code is hereby amended as follows: Section 1. That Section 2.14.1. of the Land Use Code is hereby amended to read as follows: 2.14.1. Methods of Enforcement. The provisions of this Land Use Code shall be enforced by the following methods: (1) requirement of a Building Permit: (2) requirement of a certificate of occupancy; (3) inspection and ordering removal of violations; (4) criminal lixbifityereivil'proce'edings; and (5) injunction;of,abatre Ot-proceedings. Section 2. That Section 2.14.4 of the Land Use Code is hereby amended to read as follows: 2.14.4. Criminal and Civil Liability;Timal4t i. (A) Except :as otherwise-siieeifit rq tM' ,,ill Ifise . ode, A-any person (including, without limitation, the developer of, owner of, or any person possessing, occupying or trespassing upon,any property which is subject to this Land Use Code,or any agent,lessee,employee,representative,successor or assign thereof) who violates this Land Use Code or who fails to comply with any of its requirements or who fails to comply with any orders made thereunder, shall,upon conviction be guilty of a misdemeanor and upon conviction'shall be subject to e,penalges>panished-as-provided in Section 1-15 of the City Code. Each day during which the limitation on the number of occupants is exceeded shall constitute a separate offense. Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violations of this Land Use Code. (13) An owner,`properly madagei; or.,gceupaot its a'i r l.infract vn by violatingany provrsian of Sedt#nn3 &`I "t� tic(int3 "5t1eTi civil irifctipn has"occurred shall;.subject "tno berrdt ) oy any'or ali'-of.the fojl �virTg actions; (1) the'imposition of a ci�il'ppnalt a nut,less than five hundred dillars ($500) andmdt rftd :' rah,oiie tA*hntl dollars 1006) foi each Violation,M"tli eaclitla3 during vvFrtuh"the"limitation on the number of occupant's is exceede'dboristifutitg:a•separate violation; (2) an order to comply with any conditions reasonably calculated to ensure compliance with the provisions of this title or with the terms and conditions of any,permit or certificate granted under this title; (3) an injunction or abatement order; (4) denial, suspension, or revocation of any city permit or certificate relating to"the dwelling unit. • Section 3. That Section 3.8.3 of the Land Use Code is hereby amended to read as follows: 3.8.3 Home Occupations A home occupation shall be allowed as a permitted accessory use, provided that all of the following conditions are met: (9) In particular, a home occupation may include, but is not limited to, the following, provided that all requirements contained herein are met: (a) art studio; (b) dressmaking or millinery work; (c) professional office; (d) office for insurance or real estate sales; • (e) teaching-,. dwelling, provided that the residence in vvitich th, !ionic occupation is conducted is occupied by the omien Section 4. That Section 3.8.16 of the Land Use Code is hereby amended to read as follows: 3.8.16 Occupancy Limits; Increasing the Number of Um elated Persons Allowed (A) Except as provided in subsection (b) below, or as authorized by a;permit issued pursuantto Section 5-2'63'of.the:Ccrderot,:pursitdnY tba'certi€icate of occupancy issued by the city Ito the owner of,thy property, the maxitnum occupancy allowed per dwelling unit in a smgle-farnily or two-family dwelling shall be: 1. one (1) family as defined in Section 5.1.2 and not more than one(1) caregiver; or • 2. three adults and their dependents,if any. (B) Exceptions. The following shall be exempt from the maximum occupancy limit established in subsection(A)1 of this section: l. dwellings reg tlarfy'!inspected or lieenseds'by' the state.or federal government, includirigXUnt not'limited to group Iiomes;and 2. dw,elling"s used as hous ng:fiir domestrc ytplence aridd (C) A violation of this:.section .shall be prouan by a.preponderance of the evidence. A person sh 1'iable to al ovvmg osG�ipancy in excess'of this se0tij6ft # fie or sloes-kt e , dutmgh: ea§onable cliligerice should have known,that a vtolaYidn dithis:sectib -was-ocourririg: (D) Definitions;` The following words, terms and phrases, when used in this section shall have the meanings ascribed to therri below (1) "Occupancy" or "occupy" shall mean the use of a dwelling unit or portion thereof for living, sleeping and cooking or eating purposes. Indicia of occupancy may include, without limitation, the use of a dwelling unit as a legal address for anypurpose, living ina"dwelling unitunder im implied lease or express agreement,overnight use of the dwelling unit for thitty (30) days.in a calendar year; or maintaining clothesor olt er.daily'living-suppires at'tha..davelling'unit. (2) "lJep dentt� lral)c persp e rdfafe "; dplisstccupy - a d4ffl n2�¢nx"ag , ad�op th tia slip 6#1 other duly authorized csttizlinl rtirslup vvltadrvs f nial support from sold adult and w$o resides with said d}tjo the dwelling unit at least three(3)'calendar months'ih iealeiidar'year. (3) "Caregiver"for purposes of this section shall mean a person whose employment;requires residing in a dwelling unit with a family to provide health or child care, with or without remuneration. (E) Increasing the number of persons allowed. (1) All residential development approved pursuant to this Land Use Code shall C011fOIL11 to the definition of"finnily" as established in Atticle 5be subject to the occupancy limit contained in Section 3.8.16; provided, however, that with respect to pending applications for multiple-family dwellings only,the decision maker(depending on the type of review, Type 1 or Type 2) may, upon receipt of written request of the applicant and upon and finding that all applicable criteria of this Land Use Code have been satisfied, increase the number of unrelated persons who may reside in individual dwelling • units. Further, the decision maker shall not increase said number unless satisfied that the applicant has provided such additional open space, recreational areas, parking areas and public facilities as are necessary to adequately serve the occupants of the development and to protect the adjacent neighborhood. (2) With respect to single-family and two-family dwellings,the number of persons allowed under Section 3.8.16 maybe increased by no more than one (1)person,pursuant to a permit issued under Section 5-263 of the Code,,orntay be increased by the-issuance of a certificate of occupancy for use as a.boarding or rooming house in zones allowing such.use. (F) No owner,owner'sagenf,joroperty.manager orlesO shall fai to c llearly state in any advertisement, sign„ot'otlrer;'fariri of ntten K0t'©r l 4.rese�tation regarding `the rental of a single family or two family dweilrng unit, the maximum permissible occupancy of such unit;u"ider'Seetion 3.8.16. Section 5. That Section 4.4(B)(3)(a) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1. Mobile home parks. 2. Group homes, other than allowed in subparagraph (2)(a)5 above. OPTION A 3. Boarding and rooming houses with amaximum occupancy of four(4) adults. OPTION B 3. Boarding and confing houses. Section 6. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Adult" which reads in its entirety as follows: Adult shall mean any person eighteen (18)years of age or older. Section 7. That the definition"Family"contained in Section 5.1.2.of the Land Use Code is hereby amended to read as follows: • Family shall mean an individual living alone or cithe, of the follovoi Aahy numbertip?isons vvho aro1 'tlateds }#Tcl,iiiatrrlage;a�aptiort g,7ardians;*,yr ZstiSe iu 3 tttc u f ow" fivingk e r together as a single housekeeping unit and shari common living, sleeping, cooking and eating facilities.- (i) 74my ritirribez Of pCIS011S related b� blood, marriage, adoption, gamdianship b. Not more than tvvo (2) uniclated adults mid thei, related children, i any- Section 8. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Owner' which reads in its entirety as follows: Owner shall mean:any po rso i whose r anie appears onJh fa"bill fox the p opety or who;alone or.jointly;or seu othVt'sj l kegal TrtTe to a tT lliz g.or dwellingunit, with`oF�tl�ouf$e�pssetltreof,'ohli rre trr control of any dyerr dwlling�i ft astex,,eepufofcax administrator,trits'ee� gtiariltat4 o tlre;esiate o'A !� —A ft6drfoitg$gee of as5'3griee of rents. Owner sIall riot iitplftdeariy`peison;grif rt}f`bl persons,,'coipany, associatibworcor o a jn her rter hcildsa dee€iot tr -breaserttent on the real property uponvhieTi tlae dvvelliirg or dwelling unit is s'ifuated. Section 9. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Property manager" which reads in its entirety as follows: Property manager-shall mean any person, group of persons, company, firm or corporation charged with the care and control of rental housing as defined in Section 2-536 of the Code who performs services with respect to such rental housing under a contract with the owner thereof or who otherwise acts as representative of an owner with respect to such rental housing. Section 10. That the provisions of this ordinance will take effect August 31, 2006. Introduced and considered favorably on first reading and ordered published in summary form this * day of*, A.D. 2005, and to be presented for final passage on the * day of*, A.D., 2005. Mayor • ATTEST: City Clerk Passed and adopted on final reading this * day of*, A.D. 2005. Mayor ATTEST: City Clerk • • • Attachment 3 DRAFT ORDINANCE NO. , 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE VI OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO RENTAL HOUSING WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: • Section 1. That the title and caption of Chapter 5, Article VI, Division 2. are hereby amended to read as follows: DIVISION 2. RENTAL HOUSING STANDARDS Subdivision A. Generally Section. 2. That Section 5-236 of the Code of the City of Fort Collins is hereby amended to read as follows: Approved third;party inspector shall mean a person hired by a property owner or such owner's designated agent to perform the required inspections necessary to:ascertain compliance with this Article,whichperson is deemed qualified to perform such inspections by the Building Official.To be eligible as an approved third-party inspector,such inspector may not have an ownership interest in, or be otherwise affiliated with, a rental property located within the city limits or a rental property management firm managing property within the city limits. Building Official shall mean the Dhectoz of Building and Zonin • which terin shall bc syrionyinotis M the duly appointed Director of the Department of Building and Zoning Neighborhood and Building Services or authorized representative. City or 13rrifvrnrBuilding Code(s)shall mean the latest edition of the Unifoin, Building eode as pplicab}e building and construction-trades technical code(s)currently in effect as enacted by the city, including the City Electric Code, City Fuel-gas Cade, City General Building Code, City Mechanical Code, City Plumbing Code and the City Residential Building Code. City Electric Code shall mean the.applicable tog cat code curremlp in effect as`euacted by the Stat&bVQiloradt iriguldfitig the histallh€ 6 of electric wnirig methods,, epairs; .134me§';ai d relate(�equiptr.ent, City Fuel-gas Code sfialtmeanthe applicable Wehrriealeoducurrently in effect as enacted by the. ,City,. regulating the.; installation, repair, replacement of=ftael-gas'heatin`g appliances and relate2l equipment. City General,Building Code shall mean the applicable technical construction code currently in effect as enacted by the City, regulating the construction,repair,alteration,location of all buildings other than Group R-3 detached single-and two-family residences,attached townhouses and related accessory buildings. Ciry or b3,Orn, chanical Code shall mean the latest edition of the applicable technical code currently in effect as enacted by the City, regulating the installation, repair, replacement,of heating cooling, ventilation equipment and related systems and components. City or-bWifornrPlumbing Code shall mean the latest edition of th-2 Uniforni Plumbing Code o. othei recognized stmidard as adopted by the----Try. applicable technical, code currently in.effect as enacted`, the'state of Colorado, regulating the;tnstallatt6rl,rePairdtin,r`ep}aceiriert of potable water piping,burldmg ia!aste�ra� tagir and ven�kng�systtr,'Tifi. City Residential:Building Coale shalt mean the applicable technical construction,code curreatly;ineffect=as enacted by the City;.regulating the complete constructiun,.repyair,alteeration, location of all buildings classified as Group RA detached singl'c- and two-family residences, attached townhouses and related accessory buildings. Nuisance shall mean. (1) Aany conduct or condition in or upon rental housing,that is,declared to be apublic nuisance egmtqjm i lispradence 'a of the Code, or any of the • following: (21) Aany attractive nuisance which may prove detrimental to children, whether in a building, on the premises of a building or upon an unoccupied Iota his-imchtdes, including but not limited to any abandoned wells, shafts, basements or excavations, abandoned refrigerators and motor vehicles, or any structurally unsound fences or structures or any lumber, trash, fences,debris or vegetation which may prove a hazard for inquisitive minors; (32) Wwhatever is dangerous to human life or is detrimental to the public health as determined by the Health Officer; (43) finsuffieient ventilation or illumination; (54) finadequate or unsanitary sewage or plumbing facilities; (65) (}uncleanliness, as determined by the Health Officer; (76) Wwhatever renders air,food or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer. • (7) a structure ort6lated equipment found by the 1#nilding Official to be unsafb,yor a stri iature:found unfit for hurftaa ocoupaney, or found unlawful, such that itis;deemed to'be, angeraus.to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire;or because such structure contains unsafe equipment or is so damaged,decayed;dilapidated,structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. (8) electrical wiring or wiring device, flammable liquid containers or other,equipment on the.premises or within the structure which is in such disrepair or condition that such equipment isa hazard to life, health,property.or safety of the:publie or occupants of the premises or structure: (9) a structure unfit for human occupancy whenever the Building Official finds that such structure is unsafe,;unlawful or, be, ause of the degree to which,the structure isin disrepair or lacks maintenance; is unsanitary,vermin Or rat'inlested,contams filth andcontamination, or lacks ventilation, illumination, sanitary or heating facilities or other,essential equipment-requiredthis Article, or because the • location of the structure constitutes a hazard.to the occupants of the structure or to the public. (1'0) rental,horsing that is fotind in wh6k or in part to be occupied by more persons thin pe nxttexl lmdetAi§Articie or Section;'S,1.2 of the 1 dnd se t cid c�=b h s6b, Wretl ,,*coded ,altered or rr�pi�d,colrti fof#a�i! l erx 1, 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 by a PCI SOLI Mio is not the fee owne, of record of said building,triobiie!ionic; ar peltivu mcrco€;.lef br sublet fo ahorerscaitipefisiliion (including money or services and includes-the sharing-ofexpertses). Section. 3. That Section 5-237 of the Code of the City of Fort Collins is hereby amended to read as follows: See. 5-237. Purpose. T-he pm-peseo tThis A-ticleeode is necessary4o protect the p>bhp health safety and welfare of the people offithe city by establishi#gto--provide minimum standards governing the facilities,utilities,vccup,anI opaitandanttntenaneeof,rentaihonsitt- safe guard life or limb,health,4i?d;property Rf A of wa 7 p% # ? iCrcle and the public welfare by regulating and controlling-the use and occupancy, location and maintenance of all tH housing within the city. Section. 4. That Section 5-238 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-238. Applicability. (a) The provisions of this Article shall apply to all buildings or portions used or designed or intended to be used for human habitation which are considered to be ental housing as defined in § 5-236. (b) Existing 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 City Building Codes. (c) Buildings or structures moved into or within the city shall comply with the MjUiMnerrtS in thC ity bB,uilding cCodes. stractures. (d) Generally, all ri ntal 1hSfising"sill Gdtii� tfp' SIC 4G,t Land Use GoiTe apd tasty;B1r11UM"Cod a entl � c yl `e city,excepf as£oolows • (1) Tegal"uses,that yuere perritttdt tie timellterr � eatitr or that beoairte, gal;no eonfotxnt gisr s'as a resulAf spsegtient,chnges to the l;antl t se dde: (2) rental housing .that was,legaally .constructed. Under the building construction codes enacted :by the city at the time of their construction au which rental housing conforms to the provisions set forth in this Article. Section 5. That Section 5-256 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-256. Enforcement nut[iorafyy; ruf'es antl pi ocdgr"es. The ;,«CCwrvi Building arid-tiring Qf'fiWi�l is hereby authorized and directed to enforce all of the provisions of this Article. For such purposes, the Director $ulttfing f tiat shall have the powers of a taw enforcement o a4ht3rrty asakect#sin the iitteresf o1u131ic health; safety and general welt ,toadop rand;]irgi#tulgatentlesaetdxpbeedures to interpret and unplemeni,ij'ttte ro3`i;ion o tters Artiuie;.to,secure the iiitortt thereof and to,'desrgnate tdc9 re; is appliCahle because-6 locnl clirriaflp or other conditions but l rules--shallmot haue the effect of waiving structuul • or fire perforinanee regx3irer#ients spec ialfy prd*i*d foriYr•this Artiel`e .or of violating ethods YnvoWingpublie safety: Section 6. That Section 5-257 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-257. Inspection. (a) Whenever necessary to make an inspection to enforce any of the provisions of this Article or whenever the Dijecto, of Building and Zoning Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe,dangerous or hazardous, the Director Building Official may enter such building or premises at all reasonable times to inspect it or to perform any duty imposed upon the Director Building.Official by this Article. If such building or premises is occupied, the Director Building,Official shall first present proper credentials and request entry. If such building or premises is unoccupied,the Director Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused,the Director Building Official shall have recourse to every remedy provided by law to secure entry. • (b) When the Ditectot of Building and ZonirT Building Official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care 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 Oireetar Bttrliiig' Offkial for the purpose of inspection and examination pursuant to this Article. Section. 7. That Section 5-258(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-258. Maintenance of premises; compliai►ceiiii'tfi cokles. (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 or property manager 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,propertymanagers and occupants for the purpose of leasing or renting non-owner-occupied 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. Section 8. That the Code of the City of Fort Collins is hereby amended by the addition of new Sections 5-263, 5-264, 5-265, 5-266, 5-267, 5-268, 5-269, 5,270 and 5-271 which read in their entirety as follows: Sec. 5-263. Permit required for occupancy of single-family or two- family dwellings in excess of limit. - OPTION B (a) Occupancy of a single-family or two-family dwelling in excess of the occupancy (unit set forth in Section 3:8.16 of the Land Use Code shall be permitted only-pursuant to the-terms and conditions o'f permit issued by the Building Offinial undet',Oie ptouisi'�ns of this Dtvision Sec, 54�4. Permit aliplicatiod; fecY Application for apermrt or:renewal,ol a per lr klt:madestptn forms to be fumishcd by the 8u lti3tx µ( f a1 d. all seC- rth such ; r a tl t ,. • application,the applicant shall pay a permit application fee in the amount of one hundred dollars;($4t)0). See: 5-265. Contents of application;,review and approval. (a) The application,for a permit required under Section 5-263 shall contain adesetiption of thedwelling,including the location of such dwelling, the name, address,.,and5tel'ephone number of the applieant/owner(s); the name, address and telephone number of any designated property manager; and a,floor and site,plai of the dwelfing unit; (b) N6 permit mayeokls,sue 6r rene�x ed y t)le B.tfiltli`ng Official%iriloss; (1) after investigation arizt *a r4A, the urldmg ci lz .3 as determined thatihe��Cogty t } feast fiiree Qf street parking f .s spaces<and the;iaveltrng,has been nspetifedand venfied.td be in comptiawee vith the'iicjurtrenients ofthrs' fide (2) the permit applicant has: (i) providcd;;proof, of safety certifications for .fuel-burning heating-ekquipment<;atati.electrical systeing,from'-an approved • third-party inspedcki Kind (ii) paid all application,inspection and permit fees. (c) The Building Official may consider, when determining whether to grant an initial or renewal application for a permit under Section 5-263,any history or pattern of the applicantiaridlor the applicant's property managers or tenants at any of the applicant's p#6 dit es of. (:l) violations of the Cgde3 I andt9seude or gther coils of city us retat'ed`to tha use of f he pgpe�ty iir' (2) failing to abate,or eor�rect y such:�tblatii) after o dered by,an enf"dreement of�i�er,ror'��:ordi�;dg�,, (3) failing to obtain a permit=pursnant to Sdction 5-263. See. 5-266. Inspection; Fees. (a) Inspections required pursuant to 5-265(b)will be conducted pursuant to Section 5-257 and may,be perk nnedteither by the city,-or by an approved third-party inspectoras`deemed ti"ecessaiq by.itie.Bu lding bffrcia ' • (b) Payment to'the City>gfall alipikAble£¢es shall he rimed prior to is stt � ice_ NOW a MgwU WON IVlr� hpre43r � r � ' VetTf�i sttl tritFrY� 'dtl e�� of�f afc and Yitne f3tj saectioh there :addcef tt tlrt r q pec€r i tee upbn`ca p trcjatof hd re'sche uled`iuspe_bill. (c) the fdes ,rrispasedy,:this: Section shall be in'addition to any inspection£ee$4Charged by an au'ffiOtiZed third-party inspector: Sec.5-267. Issuance of permit. (a) Tjie' diOg Offiarafshall issue a perMit only upon approval of an application, receipt of an inspection report indicating compliance with Sectign 3� itd-,paym t.ofail fees, including aone hundred fifty dollar ($15a)pezplit feet (b) Approval 1 - rt slxal)enttt?o ttae trwnerwfo allow occupane :fn s o fhe;fiprirtt set, iy thed iJsedrle only,at tk�e t©eatfon listed on tlrh plicat,oh ld o tined year,period: {c) Any �*rs 4 f<t&.,thts:7�rtrcl�shall b �tc�n tr� ,�:a(d no!—'M r al�le� � � n rrrtfsk filed'wr� t#It�= �}d�y�o airy�FYarfg itt3�rsoie d�tieifing tfdlhfelYtt .pefit fiat been Se"E.."5=2�8. Reuewais An applrcaticiirif©rrenewal of a permif shall be treated as a new application under this Article. See. 5-269. Posting permit; truth in advertising. (a) Any permit issued under the provisions of this Article must be posted on the back-of the front door of the dwelling. All books and records of the permiftee;relatiirg'to the:-dwelling shall be made available to the city upon request,ifidluidirtg lease and tenant4oformation, (') i*lo owper, oivrter'S �gent;��lrsseoorproperC�-manager=sliall+,fail:to clearly state iii ac[vertisemeiit, srgn;''other 'fdrnr of written ot, oral representation regardintlid Ye'atal oIa single firyily oct { fly dwellig unr ;thenaximum permssiblepcoupaney'csf suChunft under Section 3s8 16 ot`:( Tsaii+dKl tie Cifge See. S 270. Sittspeus odor raeVocation of permit. (u) U complaint Alegi irg any violation of this Article or a violation • of theterms.andcoridititfrtso£apernrtgiantiedurtderttus Division,including faille tb apptiar P(n,schcxiuIed`�nsgeCtion or .£ailing to allow a lawful tris�ietiorrt, t ludiifgrMto ;shstl gt wrtt#eri entice of'the alleged vla`tYplq£O tltvurter,pYoiy rtiagef hriYl fendnts ;the 13iiitditig�flic'r tl a- '��- ri �tetxifi�e_�heYhet��e�olatton ocosui<i' aritl s;� .Q. � ,�pdr�tp� o heard a£St�ie (1aj An appalbrxit�$ strattiililigra ite ffiade;to the'Cty TY ra$eurahlti5hltSllst_ ce5,� set�fdCih-i {, Vtbfl haptet ?�of tlu�coi�e. Sec. 5471. Violation; m`iuiuiu'm penalties. An owner,property manager,or occupant commits a civil infraction by violatinganyprovisipn of Section 5-263 through 5-270 A finding that such.ciVil'infi action exists shalFsubject the o€€ender(s) to any or all of the following actions: ( the ippsifi¢n a curl}senalSy of not 18ssthan five hundred dpllars anti not more tt Qnxg" "- okiar ( Idfl�for east vtoan; viit'h-;each day'duYing�}�11ret� �. t'��f�ct`tt�^ot1 �iefinuinber o£'��eupant�'is exceeded,constitttting° >sepaa� aftciits (b) an o f d6t to cari pty_tiyit ny cof(d do easonably catc ed i s ensure colYipliance witlitlse proof o ttfs t tie Wiy apPravat ofperit or.ccrAc-ate granted u4O6i liiMte; (c) injunction or abatement proceedings; (d) revocation or suspension of any permit or certificate issued by the City with respect to thedweliing. Section 9. That the provisions of this ordinance will take effect August 31, 2006. Introduced and considered favorably on first reading and ordered published in summary form this * day of*, A.D. 2005,and to be presented for final passage on the * day of*, A.D., 2005. Mayor • ATTEST: City Clerk Passed and adopted on final reading this day of A.D., 2005. Mayor ATTEST: City Clerk Option A Machmwt4 _tom Occupancy Limits i .. , 1 • �' s lam_" ' / t 77 .. Ft. M1 i J j//I t% i 11 / - ' p /D6I 1 i 1 gend Boarding Houses, No Maximum Zones that Allow Maximum of 3 %%i Boarding Houses, Maximum of 4 — — City Limits 1 0.5 0 1 Miles � a n � '-` Via' ap p .. �i - k I� f r ir�r.r31 l o ' A'y A l�1- 4 -70 ��//� f �/ V s Attachment 6 COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES la Fort Collins Neighborhood $ Building Services tit%„t ort c ollins 281 N.College Ave., P.O. Box 580; Fort Collins,CO 80522-0580;Voice:970 2216760 FAX: 970 224 6134 MEMORANDUM DATE: July 19, 2005 TO: Mayor and City Council Members THRU: Darin Atteberry, City Manager Greg Byrne, Community Planning and Environmental Services Director Felix Lee, Neighborhood and Building Services Director FROM: Ginny Sawyer, Neighborhood Administrator RE: Occupancy and other communities • Council was recently prodded a paper outlining"What Other College Communities Have Done" regarding occupancy,parking, nuisances, and other neighborhood issues. The following summarizes further research into some of those communities. In the provided paper under, "occupancy", the following communities were mentioned: Carbondale, IN; Normal, IL;Macomb, IL; Columbus, OH;Madison,WI; East Lansing, MI; Salisbury, MD;Lawrence, KS; Provo, UT;Lincoln, NE;Bloomington, IN;Allentown, PA. • All but two of the listed communities have some form of rental registration or licensing. Of those spoken to, the majority opinion is that the rental/inspection program is a good thing and in some cases helps to enforce occupancy restrictions. .The majority of these communities have different occupancy restrictions in different zones and most had methods (home occupations,permits, etc) to add additional occupants. • Of those spoken to, occupancy was enforced on a complaint basis only. Most found it difficult to prove and enforce and directly mentioned needing to involve the neighbors to document and help collect proof. West Chester, PA was mentioned for utilizing their Land Use Code to address rentals. They define • "Family" as—One or more individuals living together in a dwelling unit as a single nonprofit housekeeping unit, and doing their cooking on the premises, when said individuals are related by blood,marriage or adoption; or no more than four unrelated individuals living together as a single nonprofit housekeeping unit in a single-family dwelling and no more than two unrelated individuals living together as a single nonprofit housekeeping unit in a two-family or multifamily dwelling; provided, however, that no more than three unrelated individuals living together may be permitted as a special exception. This definition excludes occupants of a club, dormitory, fraternity, sorority house, lodge or rooming house,group quarters and a "student home". [Amended 4-18-2001 by Ord. No. 5-2001] A "Student Home" is defined as—A living arrangement for at least two students to a maximum of four students (as defined in this chapter) unrelated by blood, marriage or legal adoption. Student homes shall not include dormitories. [Added 4-18-2001 by Ord. No. 5-2001; amended 9-19-2001 by Ord. No. 10-2001] In summary, the occupancy numbers listed in the mentioned communities were somewhat deceiving since they applied only in some zones or methods of increasing the number existed. Universally, occupancy enforcement is difficult and is only done on a complaint basis, and lastly, different zoning or overlay zones bring both pros and cons for consideration. cc: Peter Barnes, Zoning Supervisor Beth Sowder,Neighborhood Services Manager Attachment 7 COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES fir. Fort Collins Neighborhood & Building Services l'ik of loru ollin, 281 N.College Ave., P.O. Box 580; Fort Collins,CO 80522-0580;Voice:970 2216760 FAX: 970 224 6134 MEMORANDUM Date: July 19, 2005 To: Mayor & City Council Members Thru: Darin A.Atteberry, City Manager Greg Byme, Community Planning& Environmental Services Director Felix Lee, Neighborhood&Building Services Director From: Beth Sowder, Neighborhood Services Manager • Re: Comparison of Nuisance Violations between single-family and multi family units At City Council's June 14, 2005 Work Session during the course of discussion, the following question was raised by Councilmember Kastein. Question: Do.Tingle family units have a higher incidence of nuisances than mull family? Can we look at the 2004 nuisance data, and look at a distinctgeograpbical area to see what percentage of the nuisances are.angle_family and duplexes vs. nzulti- fanzi),?The reason this question was asked was to tee if the problems are occurring mostly with tingle family and duplex units or with multi family complexes and whether we need to include undo family complexes in our occupang regulations. Response: The geographical area bordered by Elizabeth,Mulberry,Taft Hill, and Overland Trail has a good mix of single-family and duplex units as well as some larger multi-far ly complexes. The 2004 nuisance data does show a significant difference in violations at single-family or duplexes versus multi-family. Here is the data: • Single-family and duplexes: 388 code violations and 23 PNO violations — total of 411 Multi-family complexes: 0 code violations and 13 PNO violations — total of 13 An explanation for this data is that most multi-family complexes have regular maintenance crews to take care of lawn maintenance, snow removal, trash removal, as well as on-site managers to take care of other issues that may arise. We do have some PNO violations which are all from noise citations. It appears that regulation is needed more in single-family and duplexes rather than multi-family complexes. cc: Rich Kopp,Compliance Supeivisor • Attachment 8 DRAFT ORDINANCE NO. , 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 20, ARTICLE VIII OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ABATEMENT OF PUBLIC NUISANCES WHEREAS, the City Code presently contains various provisions enacted under the police power of the City which are intended to maintain order and promote the health, safety and welfare of the residents of the City; and WHEREAS, many such provisions are directed towards the conduct of persons on private property, and are intended to ensure that neither the conduct of such persons, nor the physical condition of such properties, constitutes a nuisance to other residents in the vicinity of the properties or passers-by on the public rights-of-way; and WHEREAS, the Public Nuisance Ordinance (PNO) has proven to be an effective tool in • reducing repeat nuisance violations at specific properties; and WHEREAS, the proposed amendments will improve current processes, allow for the inclusion of civil nuisance violations to count as "separate violations" in addition to criminal violations and allow code enforcement to utilize any address known to the city in determining where to send notice of violations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definitions of"Notice of violation" and "Separate violations" as contained in Section 20-111 of the Code of the City of Fort Collins are hereby amended to read as follows: See. 20-111. Definitions. Notice of violation shall mean a written notice advising the owner(s), property manager(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)byname2izd properkyrnari er s),1 Any, at any different address of-the owner(s)as shown in the records of the 64 ncluding utility, licensing or permit record3 o -?q slid :iit*rec)i of the Larimer County Assessor or of the county Clerk and Recorder. Each notice of violation shall be limited to one (1) separate violation. Separate violation(s) shall mean any act or omission that constitutes a misdcmcano, violation of the Coded if the act or omission occurs under any of the following circumstances: (1) the conduct of the persons committing the violation was such as to annoy or,disturb4he peace of the residents in the vicinity of the parcel or of passersby on the public streets,sidewalks and rights-of-way in the vicinity of the parcel;or (2) the violation,eon'f'(4tes p,l bltc.nuisall"Wriderany sec6 of this Chaptei'261JA is' (3)' the coed tae �# cparce jot V B tijelV o iQn oce %?ed avas;at the Ernie of tlt�violattt5n3 tjtar?#a�til' th13e ;".afety,oY welfare of the occi paiftW' ighU arse e of,ttY ft�s bf e t ity, 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. Section 2. That Section 20-113 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-113. In general. (c) Except as provided below, a public nuisance shall mean the condition or use of any parcel within the city limits, on or in which three (3)or more separate violations have occurred within a twelve-month period or five (5) or • more separate violations have occurred within a twenty-four-month period, if-, was such as to ammy oI disttrib tile peace Of tile residents in the vicinity ofthe parcel ox of the passersby on the public sticets, sidewalks and rights-ol_way in the vicinity of the patcel, provided, hovvever, that* (1) within thirty (30) days of each such separate violation;except the final sepa,ate v iolation needed to prove a public nuisance under this Article, the city has sent by certified mail to the owners;property mart r(s) and tenants or occupants of the parceh a notice of violation; provided pozeq , iha t owpefror pt opdrty rnagei of ,pareel has filed an eviction -act-ion iwa,._ rt,fcoYnpbtent ju t l iton afterxrpcexvitigribfice of a secgnd vfol�ti2n sekrig tgftat frQYti,)he.jiaieiose persgns whoin the owner reasonabty:beli�ves-)aue len'iespon'slile for tFie most recteni,prevous separate viotalibn(s)on the'paicel,it en tYie last,separ tie vYolatibrY� separate 6viatiamnust have needed t -mice tinder this A.ticle occurred no less than forty-five (45)days after the date of mailing of the last notice of violation. Section 3. That Section 20-115 of the Code of the City of Fort Collins is hereby amended to read as follows: • Sec. 20-115. Postiug,of notice of ecommencement of public nuisance actions, (a) Posting:of notice. (1) At least ten (f 0) calendar days bef6Le filing a CiVil action unde, this krtielL—, 1pon servrce pf,theverified complaiggrcornpYaitit by affidavit referred to below the*'lance Abatement O #ieer slrali post a notice sfiaHbepostedat some prominent place on the parcel. A notice shall also be mailed to the omner(s) of the parcel. The mailing of the notice shall be deerned StIffiCient if Mailed by cei tified mail to the ownei(s) at the addresses shomi of record MlatiUg to the pmcel fim such omner(s) in the records of the Lariniet County Assesso, ot of the co.nty elc.k and Recorder. The posted ands ailed 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 may 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. • Section 4. That Section 20-121 of the Code of the City of Fort Collins is hereby amended to read as follows: 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 Flea;iig=Officer tray accept such stipulations for alternative remedies and*ay order coinpliance tl erewi ilyyvhexi the responding parties admit to the existence of a public hl5isarrceVpor thi parcel (bc) The Court shall-make fnay accept such stipulations for alternative remedies and make such stipulations an order of the Court, and they shall be enforceable as an order of the Court. Section 5. That Section 20-123 of the Code of the City of Fort Collins is hereby amended to read as follows: 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. Introduced and considered favorably on first reading and ordered published in summary form this day of A.D. 2005, and to be presented for final passage on the* day of*, A.D. 2005. Mayor ATTEST: City Clerk • Passed and adopted on final reading this day of A.D. 2005. Mayor ATTEST: City Clerk • • • Attachment 9 DRAFT ORDINANCE NO. , 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CODE OF THE CITY OF FORT COLLINS RELATING TO COURT REFEREES WHEREAS, staff has recommended that certain Code provisions relating to occupancy be decriminalized; and WHEREAS,the Municipal Court currently utilizes a court referee for parking violations;and WHEREAS, the City Council believes that it is in the best interests of the City and its citizens to provide a procedure for adjudication of other civil infractions which allow for a referee. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Code is hereby amended as follows: Section 1. That Section 19-36 of the Code of the City of Fort Collins is hereby amended to • read as follows: Sec. 19-36. Creation; jurisdiction; qualifications. (a) The picsiding judge of the Municipal eout Judge is authorized and empowered to appoint one (1) or more referees to hear certain municipal ordinance violations relating to parking or municipal code violations designated as civil infractions as the presiding 3judge may from time to time designate as being hearable in the first instance by the referee. Such alleged violations may include any offense which may now or in the future be included in the schedule of payable fines established by the presidmgMunicipal Judge pursuant to law except any offense which might result in the assessment of points by the state Department of Revenue against the violator's driving license or privilege. (b) The referee shall be an attorney admitted to practice law in the state and a resident of the city. Section 2. That Section 19-39 of the Code of the City of Fort Collins is hereby amended to read as follows: • Sec. 19-39. Order of the referee. At the completion of any hearing held under the provisions of this Article,the referee shall enter an order either: (1) Excusing or dismissing a established in § 19-41 of this ot.' of tf e referee,finds that,the vinlatrriii,'hastiJ bee 'seTstattteelpolYetlilcsbie- uideiice; or (2) Referring the case to the Municipal Court for hearing before the presidingMtf Judge where the referee determines,in the exercise of the referee's discretion, that the facts of the particular case or the issues raised therein require such a hearing. Statements made by the defendant during the course of the hearing before the referee shall not be introduced against the defendant at any subsequent proceeding before the court,nor may the referee hearing the case be called as a witness against the defendants; or (3) Making a finding of guilty or responsibility,based upon either a plea of guilty entered or an admission of responsibility tendered,or the evidence presented at the hearing; and assessing a penalty against the defendant,which penalty shall not exceed that fine established in the schedule of payable fines published by the presidmgMu ieipal Judge which was in effect at the time of the violation, and in addition the defendant may be ordered to pay all expenses,<;direct and itidrreut,tl[e [fy fi e�tpzen [[faom3ect[on wif fi tlig civil [nftactibn„lp.ii i it,,tlicIyfdpre3f al Judge-A refereedh gsuq,a orders necessary to;abafa nutsanbe (4) If>at?defendant fails ti answera citation t i iiotioe to appear before a referee; a default jirdgment.will enter intlie amount of-ttie civilpenalty plus all costs, expenses and damages. In the event a defendant fails to pay a civil fine, costs,damages andekpenses within W days after-the payment is due or fails to pay a de€ault judgment,the city may pursue any legal means for collection and, in addition,may obtain alien against the property that is the subject of the violation if the Code violation is designated as nuisance in Chapter 20, is a violation of Section 5-271 or is a violation of Land Use Code Section 3.8.16 and was committed by an owner of the property as defined in Land Use Code Section 5.1.2. Section 3. That Section 1941 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-41. Authorization to excuse,reduce;or waive penalties. (a) The referee is atithotized to excuse ot reduce fines and/o, "ive late fees fin parking citatiOLIS if 11C 01 site finds that the defendant. (1) Pat ed the vehicle described in thc citation at a broken ot deketive meter; (a) F.or.parl€ii g viol�tigrvs,' 1ie.referee may assess a penalty less than the payable fine prescribed in the schedule of fines published by the presidingMuriicipal Judge or may suspend such fine in any case where, in the sound exercise of the referee's discretion, based upon evidence obtained during the course of the hearing, such action would be in the best interests of justice. (b) Pot ill other,civitiufractions,the referee may not assess a penalty less than that established in the schedule of-fines ,published by the Municipal Judge nor suspend any portion of that'mirilmum fine. In addition, the referee may assess any higher penalty and any other orders-as authorized pursuant Section 1-15 (f). • Introduced and considered favorably on first reading and ordered published in summary form this * day of*, A.D. 2005, and to be presented for final passage on the * day of*, A.D., 2005. Mayor ATTEST: City Clerk • • Attachment 10 DRAFT ORDINANCE NO. _, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CODE OF THE CITY OF FORT COLLINS RELATING TO GENERAL PENALTIES WHEREAS,Staff has recommended that violations of certain Code provisions be designated as civil infractions; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE • CITY OF FORT COLLINS that Section 1-15 the City Code is hereby amended as to read follows: Sec. 1-15. General penalty and penalty for traffic and civil infractions. (a) Except as to traffic infractions described in (b) below and any other civil infraction specified as such;in this CQde,any person who shall violate any provision of this Code,the Charter or any provision of any code or other regulation adopted by reference by this Code, by doing any act prohibited or declared to be unlawful thereby, or who shall engage in any business, occupation or activity for which a license or permit is required without having a valid license or permit therefor,or who shall fail to do any act required by any such provision,or who shall fail to do any act when such provision declares such failure to be unlawful or to be an offense or misdemeanor, shall be guilty of a misdemeanor and, upon conviction, shall be punished by the penalty specifically provided for such violation or, if none,then by a fine not exceeding one thousand dollars($1000.)or by imprisonment not exceeding one hundred eighty (180) days, or by both such fine and imprisonment, in addition to any costs which may be assessed. No person under the age of eighteen (18)years as of the date of the offense shall be subject to imprisonment except in the case of failure to comply with a lawful order of the court, including an order to pay a fine, and then only in the manner provided in Section 13-10-113,C.R.S.,and the Colorado Children's Code, Section 19-1-101 et seq., C.R.S. Each day upon which a violation • continues shall constitute a separate misdemeanor offense unless some other specific time period is provided for any particular offense. (b) A violation of any provision of Chapter 28,Vehicles and Traffic,in this Code or the Fort Collins Traffic Code, shall be deemed to be a traffic infraction if, at the time of the commission of the violation,its counterpart violation under the provisions of Article 4 in Title 42 of the Colorado Revised Statutes,if any,is designated by state law as being a traffic infraction.If no counterpart violation exists under state law,the violation shall be deemed to be a traffic infraction.All other violations under Chapter 28 of this Code or the Fort Collins Traffic Code shall be considered misdemeanors punishable as described in paragraph (a) of this Section. Any person against whom judgment is entered for a traffic infraction under this Code shall be subject to the penalty of a fine not exceeding one thousand dollars ($1,000.) and shall not be subject to imprisonment on account of such judgment. (c) Except as provided in Subsection(d)below,a law enforcement officer,code enforcement officer, the City Attorney or their designees may request that the Municipal Judge order restitution of direct out-of-pocket costs incurred by any victim of a misdemeanor. By way of illustration, such direct out-of-pocket costs may include, but need not be limited to, costs to repair or replace damaged property, medical insurance deductibles, or medical costs directly paid and unreimbursed by any entity other than the victim or the victim's parent or guardian. (d) Restitution through Municipal Court shall not be available for victims of traffic infractions or traffic misdemeanors. (e) Any person convicted of violating the provisions of Chapter 4,Animals and Insects; Chapter 17, Miscellaneous Offenses; or Chapter 20, Nuisances, shall reimburse the city for costs incurred by the city or Poudre Fire Authority in enforcing the provisions of said sections if such enforcement required the use of an extraordinary number ofpersonnel,highly trained personnel,sophisticated equipment or nontraditional methods of enforcement. The amount of such restitution shall be apportioned among multiple defendants involved in the same criminal episode as deemed appropriate by the Municipal Judge,taking into consideration the behavior of the defendant(s),the amount and kind of expenses incurred by the city or Poudre Fire Authority,the number of participants involved in the criminal activity and such other circumstances as the Judge may consider relevant. Notwithstanding the foregoing, if another provision of the Code imposes a more specific restitution requirement that the requirement imposed by this Section, then the Code provision which requires the greater amount or restitution will control. (f) Any person found responsible for a violation of this Code+designated<as a municipal infia-e lofr shall pay.a cWi1�ftne of ndt^more that one thousand dollars ($1,000)f:plus cosfs,dairrages and ekpeYrses'as followst (1) A person found responsible"by the Municipal Judge or referee for"ary violation of this,Code charged'as a.niunicipal civil infraction ,shall pp=y the fine and costs assessed, which may i -afl ram, direct arse-'mdi= , • which the city has incurred in connection with the civil infraction. In addition,.the-Municipal Judge or referee may issue any orders necessary to abate a atilsance. (2) If a defendnttt fails to answer a citation for a civil infraction or notice to appear m=cgtlrt or bfoe a re#erez,for,"such itraettori;a=defau}t jEYclgrnent hecvi p s xensshalt ene% and damages.: n the evenka defendant faits toaciz rl dine;c43sxtiarrlaes=or eitpense`s: vrtfrrn hrrLy,{ 9) clays Rer_he pay#lent:is dtte or faj s_tg2 pAy a defaultludgp Yrt,the crty#N pursue 461444410 40,10or c011ec66ir4nd;in ad�3tioft, n o tarn a Berl ga`tdst tfie property:tl at„was tfie subject.of the violat'ibn;if-thc Code=violaiio rs designateei as a'riuisartct in G}iapter2Q, is aralatitin of`Seetrrsritb thtdugli27I;this avolation of Land Use Code Sectiorf3.4416 and, a cottritYiftedbya&owuer'of the property, as defined in Land Use Code Section5�1 ? (3) Each act of violation and every day upon which a violation occurs shall constitute acseparate offense. Introduced and considered favorably on first reading and ordered published in summary form this * day of*, A.D. 2005, and to be presented for final passage on the * day of*, A.D., 2005. • Mayor ATTEST: City Clerk Passed and adopted on final reading this_day of , A.D., 2005. Mayor ATTEST: City Clerk • ATTACHMENT 11 Occupancy Ordinance and Related Issues August 23, 2005 Direction Sought 1. Which option does Council prefer? 2. Where should occupancy limits apply: single-family, duplexes, and/or multi-family complexes? 3. Is the proposed timeline acceptable? 4. Does Council have feedback regarding ancillary Code changes? 5. Does Council wish to move forward at this time with amendments to the rental housing code and/or amendments regarding blighted buildings? 1 Background: June 14, 2005 Direction o Change occupancy code to civil infraction; maximum occupancy 3 unrelated adults o Permit system allowing 4 adults o Identify areas with high rental concentration o Refine definition of "family" o Remove home occupation "loophole" o Fee supported o Phasing-in period for implementation Making the Occupancy Limit More Enforceable *Civil Infraction - Burden of Proof: by a preponderance of the evidence rather than beyond a reasonable doubt - Ability to call the person charged with the violation to the witness stand o Definition and indicia of "occupancy" 2 Definition of "Family" a Family: an individual living alone or any number of persons who are related by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship living together as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities. Definition of "Occupancy Limit" Occupancy Limit: the maximum occupancy allowed in a single family or two family dwelling would be: 1 . a family plus not more than one caregiver, or; 2. not more than 3 adults and their dependents, if any. 3 Application of Occupancy Limit *Occupancy limit would apply only to single-family homes and duplexes: . Most nuisance violations exist in these types of dwellings . Code currently allows multi-family complexes to get approval for higher occupancy Revised Occupancy Options for Council Consideration 1 . Option A: family or 3 adults 2. Option B: family or 3 adults, plus permit for 4 anywhere in city 4 Option A * Family plus a caregiver or 3 adults and their dependents if any * Boarding houses remain as an option in several zones *Change maximum occupancy limit for boarding houses in LMN zone to 4 Occupsmy Umffs cam, s,u b y� si i E 4 fy wra wuww.w... to wnyxewr.n...a .r.wn.aa eayvm„s,Mhmry 5 Option B o Family plus a caregiver or 3 adults and their dependents if any *Allow permit for 4 for single-family or two-family dwellings anywhere in the city * Eliminate new boarding houses in LMN zone in favor of permit system (because both would allow a maximum of 4 adults) Option 0 Occupancy Limits 1i p J 1r i E i. j• 6 Option B: Permit Requirements 03 off-street parking spaces *Proof of safety certifications oAll application, inspection, permit, and certificate fees paid 9 Inspection by City-approved agency; meet requirements of Rental Housing Standards Option B: Additional Consideration *Building official may also consider any history or pattern of previous violations Option B: Penalties for Civil Infraction 0$500 - $1000 per violation 0Injunction or abatement order *Revocation or suspension of any permit or certificate issued by City for the dwelling unit Overlay Zones Research *Original direction: also explore permit for 4, but only in certain "overlay zones" * Not recommended because zones with high concentrations of rentals ("overlay zones") are similar to existing zones that allow boarding houses *Essentially the same as Option A 8 Option A vs. Option B o Limits occupancy to a o With permit, allows up to family or maximum of 3 4 adults in a single-family adults in single-family or or two-family dwelling two-family dwellings in anywhere in the City single family (even in single family neighborhoods neighborhoods) o Limits maximum o Eliminates boarding occupancy of boarding houses in the LMN zone houses in the LMN zone in favor of the permit to 4 system o Boarding houses with no o Boarding houses with no maximum remain an maximum remain an option in many other option in many other zones zones Home Occupation License o Eliminates ability to obtain a home occupation license to rent rooms 9 Financial Impacts — Option A . City costs for Housing Compliance Inspector, related administrative and program costs: $100,000 annually . Potential for some cost recovery from fines Financial Impacts — Option B . Approved third-party inspection agencies to conduct initial inspections *Average 2-hour inspection @ $75 - $150/hour . City costs for administration, Housing Compliance Inspector, related program costs: $146,000—$183,000 annually (depending on number of permits) . 3 year permit fee: $ 250 - $300 . Potential for some cost recovery from fines 10 Truth in Advertising o Owner or property manager must state in any ad the maximum occupancy of the dwelling Additional Health, Safety, and Maintenance Regulations * Future amendments to address neighborhood quality issues . Decriminalization of other nuisance codes . Rental Housing Code updates . Prevention of blight in all housing 11 Timeline *August 24 — October 18, 2005: conduct citizen outreach, engage interested parties in discussion * From October 18 (on-going): continue outreach, inform citizens of changes *Proposed effective date: August 1 , 2006 Implementation Ordinances * Residential occupancy limit * Permit for additional person *Court referees *General penalties *Public Nuisance Ordinance amendments 12 Direction Sought: 1 . Which option does Council prefer? 2. Where should occupancy limits apply: single-family, duplexes, and/or multi-family complexes? 3. Is the proposed timeline acceptable? 4. Does Council have feedback regarding ancillary Code changes? 5. Does Council wish to move forward at this time with amendments to the rental housing code and/or amendments regarding blighted buildings? 13