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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/20/2007 - SECOND READING OF ORDINANCE NO. 131, 2007, AMENDIN ITEM NUMBER: 10 AGENDA ITEM SUMMARY DATE: November 20, 2007 FORT COLLINS CITY COUNCIL STAFF: Beth Sowder SUBJECT Second Reading of Ordinance No. 131, 2007, Amending the City Code Regarding Nuisance Abatement Collections and Liens. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY The City Code currently permits imposing tax liens on properties for unpaid abatement assessments in three separate sections of the Code. This Ordinance, unanimously adopted on First Reading on November 6, 2007, clarifies the process and make each section consistent with the others. The changes to the Code regarding the procedures for recouping the City's costs of abating nuisances, sidewalk snow removal, and forestry encroachments will provide the City with an efficient mechanism with which to place liens on properties for unpaid and delinquent abatement charges. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary-November 6, 2007. ATTACHMENT ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: November6, 2007 FORT COLLINS CITY COUNCIL S FF: Beth Sowder SUBJECT First Reading of Ordinance No. 131,2007,Amending the City Code Regarding Nuisance Abatement Collections and Liens. RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. FINANCIAL IMPACT This Ordinance will result in increa§011it o t yent abatement charges. EXECUTIVE SUMMARY The City Code currently permits imposing tax liens on properties for unpaid abatement assessments in three separate sections of the Code. The proposed changes to each section will clarify the process and make each section consistent with the others. Neighborhood and Building Services' (NBS)Director and staff recommend making changes to the Code regarding the procedures for recouping the City's costs of abating nuisances, sidewalk snow removal, and forestry encroachments. These changes will provide the City with an efficient mechanism with which to place liens on properties for unpaid and delinquent abatement charges. ORDINANCE NO. 131, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS REGARDING NUISANCE ABATEMENT COLLECTIONS AND LIENS WHEREAS,the City Code requires property owners to abate certain nuisances occurring on their property; and WHEREAS,the City Code also provides that if the owner does not abate the nuisance within a time certain, the City may abate the nuisance and charge the property owner the cost to abate; and WHEREAS, the City Code provides procedures for collection of delinquent abatement charges; and WHEREAS, the City Code provides a mechanism to lien properties with delinquent abatement costs; and WHEREAS, these procedures are in three separate Code sections; and WHEREAS, the changes below will provide clarity and consistency of the procedures. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 20-44(a)and(c)of the Code ofthe City ofFort Collins is hereby amended to read as follows: Sec.20-44. Notice of violation;removal authority and procedure; assessment lien on property. (a) The Neighborhood and Building Services Director and any officer, as such is defined in § 19-66, are authorized and directed to give notice to any owner and occupant whose property, open area, ditch or right-of-way is being kept or maintained in violation of the provisions of this Article. Such notice may be personally served upon such person or, if not personally served, shall be deposited in the United States mail, addressed to the occupant and owner of record at the address on the assessment roll of the County Assessor or at such other, more recent address as may be available to the City, or with respect to notice to occupants, at the address of the property so occupied. The notice shall state that,if the property,open area,ditch or right-of-way has not been brought into compliance with this Article on or before five (5) days from the date of such notice, a civil citation will issue and the abatement of the nuisance will be done by the City and any costs of abatement, including the cost of inspection, the cost of any grading or sloping necessary to protect the public safety and other incidental costs in connection therewith and the costs for carrying charges and costs of administration will be charged against the property, open area, ditch or right-of- way, in addition to any other penalty and costs or orders that may be imposed. With respect to rubbish only,the notice shall also state that,if said owner desires a hearing before the Referee to contest the declaration of nuisance and/or the removal, such owner shall request such hearing in writing to the Director of Neighborhood and Building Services within five(5)days of mailing of the notice and shall further state that, if a request for such hearing is made, the City will remove the rubbish in accordance with Subsection(b)below and will store the material pending the holding of the hearing and the determination therefrom. The notice shall further state that if no request for such hearing is timely filed, the City will remove the rubbish in accordance with Subsection(b)below and shall destroy or otherwise dispose of the rubbish. (c) Any cost assessment shall be a lien in the several amounts assessed against each property, open area,ditch or right-of-way from the date the assessment became due until paid and shall have priority over all other liens, except general taxes and prior special assessment liens. Any such assessment shall be billed by the Director of Neighborhood and Building Services, or his or her designee, 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 to any agents, representatives or occupants as may be known. If any such assessment is not paid within thirty(30) days after it has been billed, the Financial Officer,or his or her designee,is hereby authorized to thereafter certify to the County Treasurer the list of delinquent assessments so billed, 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 (10) percent penalty. The certification shall be the same in substance and form as required for the certification of other taxes. The County Treasurer,upon receipt of such certified list,is hereby authorized to place it upon the tax list for the current year and to collect the assessment in the same manner as general property taxes are collected, together with any charges as may by law be made by the County Treasurer and all laws of the State for the assessment and collection of general taxes, including the laws for the sale of property for unpaid taxes and the redemption thereof, shall apply to and have full force and effect for the collection of all such assessments. Notwithstanding the foregoing, if the offending property, open area, ditch or right-of-way is not subject to taxation, the City 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. Section2. That Section 20-101 of the Code of the Cityof Fort Collins is hereby amended to read as follows: -2- Sec. 20-101. Removal by City; lien. (c) Any cost assessment shall be a lien in the several amounts assessed against each property from the date the assessment became due until paidand shall have priority over all other liens, except general taxes and prior special assessment liens. Any such assessment shall be billed by the Director of Neighborhood and Building Services, or his or her designee, 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 to any agents, representatives or occupants as may be known. if any such assessment is not paid within thirty (30) days after it has been billed, the Financial Officer, or his or her designee,is hereby authorized to thereafter certify to the County Treasurer the list of delinquent assessments so billed, 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 (10) percent penalty. The certification shall be the same in substance and form as required for the certification of other taxes. The County Treasurer, upon receipt of such certified list,is hereby authorized to place it upon the tax list for the current year and to collect the assessment in the same manner as general property taxes are collected,together with any charges as may by law be made by the County Treasurer and all laws of the State for the assessment and collection of general taxes,including the laws for the sale of property for unpaid 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 City 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 3. That Section 27-59 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 27-59. Notice of violation; removal authority and procedure; lien on property. (c) Any cost assessment shall be a lien in the several amounts assessed against each property from the date the assessment became due until paidand shall have priority over all other liens, except general taxes and prior special assessmentliens. Any such assessment shall be billed by the Director of Neighborhood and Building Services or the City Forester,or his or her designees, 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 to -3- any agents, representatives or occupants as may be known. If any such assessment is not paid within thirty(30)days after it has been billed,the Financial Officer,or his or her designee,is hereby authorized to thereafter certify to the County Treasurer the list of delinquent assessments so billed, 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 (10) percent penalty. The certification shall be the same in substance and form as required for the certification of other taxes. The County Treasurer, upon receipt of such certified list, is hereby authorized to place it upon the tax list for the current year and to collect the assessment in the same manner as general property taxes are collected,together with any charges as may by law be made by the County Treasurer and all laws of the State for the assessment and collection of general taxes,including the laws for the sale of property for unpaid 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 City may elect alternative means to collect the amounts due pursuant to this Article, including the commencement of an action at law or in equity and, after judgment, pursue such remedies as are provided by law. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2007, and to be presented for final passage on the 20th day of November, A.D. 2007. Mayor City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk -4-