HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/01/2005 - ITEMS RELATING TO NUISANCE GATHERINGS, PUBLIC NUIS ITEM NUMBER: 31 A-C
AGENDA ITEM SUMMARY DATE: February 1, 2005
FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry
Steve Roy
Tess Heffernan
SUBJECT
Items Relating to Nuisance Gatherings, Public Nuisance Amendments and Rental Registrations.
RECOMMENDATION
Staff recommends adoption of these Ordinances on First Reading.
FINANCIAL IMPACT
Within the Fort Collins city limits, there are approximately 10,500 rental units in boarding houses,
and in single-family, two-family and multi-family dwelling units up to and including four-plexes.
The total cost to administer the proposed rental registration program for the first two years is
estimated at $459,000 which includes the following direct and indirect costs:
Personnel $ 297,000
.3 Systems Analyst
.5 Administrative Aide
1.0 Housing Inspector
Hourly temporary staff
Equipment and software $ 148,000
Enables online registration and payment
Miscellaneous fees, postage, etc. 14,000
Total for first two years $ 459,000
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 019, 2005, Amending Chapter 20 to Add a New Article
Relating to Nuisance Gatherings.
The Nuisance Gatherings provision creates a new misdemeanor criminal offense directed at
social gatherings or parties that result in nuisance behaviors occurring on neighboring
February 1, 2005 -2- Item No. 31 A-C
properties. These amendments would be in conjunction with continued efforts to more
effectively and proactively enforce current nuisance laws, including loud parties, code
compliance issues and the Public Nuisance Ordinance.
B. First Reading of Ordinance No. 020, 2005, Amending Chapter 20, Article VIII of the City
Code Relating to Abatement of Public Nuisances.
The Public Nuisance Ordinance(PNO)has proven to be an effective tool in reducing repeat
violations at specific properties. These amendments are intended to improve current
processes and strengthen the enforcement provision of the ordinance.
C. First Reading of Ordinance No. 021, 2005, Amending Article VI, Division 2 of the City
Code Relating to Residential Rental Registration.
The Residential Rental Registration Ordinance establishes procedures for identifying ALL
rental units within the city limits of Fort Collins, excluding only multi-family units larger
than four-plexes. The purpose of the Rental Registration Program is to identify rental units,
educate all parties about Rental Housing Standards and other City codes, and increase the
efficacy of nuisance code enforcement through a local contact and better information sharing.
BACKGROUND
City Council discussed these three ordinances at its study session on January 25, 2005 and directed
staff to bring these forward for formal consideration by the Council with certain changes. The
changes are shown in bold faced type.
Item A - Nuisance Gatherings
This proposed ordinance will add another tool to more effectively and proactively address the
nuisance behaviors resulting from such gatherings and enforce compliance against those hosting,
participating or otherwise knowingly allowing such gatherings.The Nuisance Gatherings provision
includes the following:
a. Declares social gatherings of five or more people assembled for a social
activity or special occasion that result in the occurrence of unlawful and
harmful behavior and conditions on neighboring public or private property
by person attending such gatherings to be a public nuisance;
b. Requires participants in the nuisance gathering to cease and requires all
persons not domiciled at the premises to immediately disperse;
C. Provides a procedure by which the City can recover the costs of abating the
nuisance such as overtime, equipment use or damage, overhead, medical
expenses, etc for any city department employee (including Poudre Fire
February 1, 2005 -3- Item No. 31 A-C
Authority) called to respond to and abate the nuisance party. The cost of
abatement can be included as restitution. It can also be collected as a separate
assessment against the property if the property owner has been convicted of
a violation of the ordinance.
A variety of methods will be used to inform and educate stakeholders (property owners, property
managers, tenants and neighbors) and all community members about this change to the Code.
Item B - Public Nuisance Ordinance Amendments
The Code Compliance Case Manager responsible for the PNO notes that the majority of landlords
and property managers are very willing to take action to avoid recurring problems at their property.
Most problems are resolved after a I" violation notice. However, in some cases the owner and/or
property manager is not responsive, even after a notice has been sent out about a 2nd or 3rd
violation. The proposed changes are designed to give staff the flexibility to work effectively with
responsive property owners and managers and to increase the potential sanctions of the PNO in those
cases where responsible parties do not respond. The following summarizes the proposed
amendments:
a. Deletes the provision requiring posting of notice that a civil public nuisance
action will be filed in 10 days; instead, requires that the posting on the
property occur at the time the civil action is filed;
b. Amends the provision requiring a 45-day waiting period after a second (or
fourth) violation to apply only if the property owner or manager has actually
filed an eviction proceeding after notice of the second (or fourth) violation.
The purpose of this change is to ensure staff can work with those owners or
managers who have instituted eviction proceedings, but still maintain the
ability to pursue PNO action against those who do not respond to notices;
C. Adds provisions clarifying when property managers are subject to the
ordinance;
d. Adds aprovision allowingthe cityto sendPublic Nuisance Ordinance notices
to any address known to the city through utility,registration or other records
rather than be constrained only to records of the Latimer County Clerk and
Recorder;
e. Adds a provision establishing that a plea or verdict of guilty to the underlying
violation(s) proves the public nuisance, thereby alleviating the necessity of
any further evidence in the civil action or hearing regarding the existence of
a nuisance;
February 1, 2005 -4- Item No. 31 A-C
f. Adds a provision clarifying that a party's abatement efforts taken only after
the final notice of violation does not constitute a defense under the ordinance;
g. Adds a provision allowing for stipulations between the City and any party to
be accepted by the Court or Hearing Officer;
h. Adds a provision allowing abatement orders to include a restriction on the
number of guests or types of activities on the premises and revocation or
suspension of any license or permit pertaining to the use of the parcel and
offers for Council's consideration a provision (Option A) which authorizes
an order prohibiting the rental of a parcel, but only if the owner of the
property has failed to abide by a previous abatement order.
Staff members will undertake a concerted effort to educate property owners and managers about
these changes in the coming months via direct mail, stakeholder meetings, the media and other
venues.
Item C - Rental Registration
The goal of the Residential Rental Registration program is to accomplish the following:
a. Identify all rental units within the city limits of Fort Collins;
b. Educate all parties about Rental Housing Standards and other City Code
provisions; and
C. Increase the efficacy of nuisance code enforcement through a local contact
and better information sharing.
Work is underway to develop a user-friendly registration system that is easily accessible and meets
the needs of all stakeholders. The initial registration process will use methods such as mail-in forms
and registration "clinics" where staff will be on hand to assist with data entry and face-to-face
registration. Ultimately,users will be able to register and make payments totally independently using
an online system. Project team members hope to have this capability ready no later than September
2005.
Registration Information Required
The following basic information will be asked of rental property owners at the time of registration:
• Address of rental property
• Name of and contact information for property owner
• Name of and contact information for local agent
• Acknowledgment of having read and understood the City Rental Housing Standards
February 1, 2005 -5- Item No. 31 A-C
• Acknowledgment of having provided tenants the City Lease Addendum and
accompanying brochure
The information on the rental registration form, once completed, will be compiled into a database,
a portion of which will be available to the public via an online search engine. Thus, a neighbor of
a rental property could search the database by address to determine if the property is a registered
rental and, if so, learn the contact information of the local agent and/or property owner. Tenant
names will not be held on file by the City or available to the general public. However, the lease
addendum must be provided to the City by the property owner or local agent upon request of the
City.
Term and Fees
Registration will be required on a biennial basis(every two years)or within 30 days after any change
of ownership. The fee will be $65.00 per dwelling unit for the initial two-year registration period,
with renewal required every two years. There is no charge for updating information(e.g.a new local
contact is designated or owners address changes) as long as the update is accomplished within 30
days of the change. Property owners who do not comply with the registration requirement or
registration updates after notice from the Director of Building and Zoning would be subject to the
penalties imposed under Section 1-15 (up to $1,000 fine and/or six (6) months in jail).
Prior to the end of the first two years of operation the registration program costs and fees will be
reassessed. Staff anticipates that the ongoing costs will be lower once the system is up and running
and the majority of property owners have registered their rental properties.
Outreach, Education and Implementation
Assuming Council wishes to move ahead with registration, staff members are preparing to conduct
a thorough outreach and education campaign. The most basic tool will be that of a direct mailing
to those properties where the Assessors records list an owner at an address different from the
property. At the same time we will conduct Registration "clinics" and use other outreach methods
to reach property owners, property managers, tenants and others with an interest in this issue.
The online self-registration program will not be fully functional in the beginning, however staff
members are prepared to use mail-in, fax-in, workshops/clinics and other such methods to ensure
that registration can be implemented as simply as possible. Current plans are to implement the
Registration Program on April 1, 2005 with the goal of reaching and registering as many properties
as possible by August 1, 2005, allowing for a 5-month "grace period". August 1, 2005 will be the
official start of each unit's registration term. After that date,properties that are not registered would
be subject to penalties.
All of the forms, instructions and links to applicable codes will be available on the City's website
at fcgov.com/rental prior to the implementation of the Registration program.
February 1, 2005 -6- Item No. 31 A-C
ATTACHMENTS
1. Lease Addendum and Acknowledgment Form
2. Residential Rental Housing Registration Form
ATTACHMENT
6a
City of Fort Collins
EASE ADDENDUM AND ACKNOWLEDGMENT FORM
This Addendum to Residential Rental Agreement is made this day of
and is incorporated into and shall be deemed to
amend and supplement the Residential Rental Agreement made by the undersigned
Tenant and Landlord, their heirs, successors and assigns, dated
. The Residential Rental Agreement and this Addendum
pertain to the premises described in said agreement and located at
. This Addendum is required by Fort
Collins City Code Section 5-236 et seq.
In addition to the covenants and obligations set forth in the aforementioned Residential
Rental Agreement, Tenant(s) and Landlord hereby covenant and agree as follows:
A. Covenants and Obligations:
1. Landlord shall keep and maintain the leased premises in compliance with all
applicable Codes and Ordinances of the City of Fort Collins and all applicable state
laws and shall keep the leased premises in good and safe condition.
2. The Landlord shall be responsible for regularly performing all routine maintenance
and for making any and all necessary repairs in and around the leased premises, except
for any specific tasks which the parties hereby agree shall be delegated to the Tenant
and which are identified as follows:
Lawn mowing- A lawn mower IS / IS NOT provided by the Landlord
Ice and snow removal-shovel IS / IS NOT provided by the Landlord
Trash removal-receptacles ARE / ARE NOT provided by the Landlord
Regardless of the agreement between the landlord and tenant, the City Code
provides that the owner, operator, property manager or tenant are each
responsible for ice and snow removal, trash removal, lawn mowing and yard
maintenance and any violation of the City Code grass, weeds, trash and snow and
ice removal provisions can result in a fine and/or assessment of abatement costs
against the property owner.
3. The Parties shall comply with all applicable Codes and Ordinances of the City of
Fort Collins and all applicable provisions of state law.
4. Tenant shall use and occupy the leased premises so as not to disturb the peaceful
enjoyment of adjacent or nearby premises by others.
5. Tenant shall not cause, nor permit nor tolerate to be caused, damage to the leased
premises, except for ordinary wear and tear.
B. Tenants. The names of the tenants who may occupy this unit:
Name of Tenant (s)
1. Tenants acknowledge that they cannot park on the grass or across the public sidewalk
and that the Landlord provides off-street paved parking spaces or other
parking areas as approved by the City.
2. Compliance by all Parties with all Federal, state laws and local ordinances, rules and
regulations is required under this lease.
C. Property Manager. This unit may have a legal agent or property manager,
someone to whom the owner legally assigns responsibility for all aspects of managing
this unit, including accepting service of process for the property owner of any summons
issued for violation of the City Code. This unit DOES / DOES NOT (CIRCLE ONE)
have a property manager. This Property Manager DOES / DOES NOT (CIRCLE ONE)
reside full time on the premises.
Property Manager
Name:
Address: Phone:
D. State Law and City Ordinances. Attached to this Addendum is a Quality
Neighborhoods brochure which lists a few of the City ordinances most applicable to
residential neighborhoods. The Parties signing below acknowledge and agree that any
violation, whether listed herein or not, of the Fort Collins City Code or state law in
or on the leased premises may be considered a violation of the lease agreement and
grounds for termination or eviction, in addition to any civil or criminal liability
and penalties.
Occupancy and Fines for over-occupancy. The undersigned acknowledge that they are
responsible for complying with the maximum occupancy limits of the City Code and
Land Use Code or any permit or license issued by the City (ATTACH COPY OF
PERMIT OR LICENSE). They also acknowledge that the City Code provides that
violation of the maximum occupancy limit can result in a $1000 fine for the first
violation (the City Code also provides that each day is considered a new violation) to
the owner, agent and/or tenant.
Noise or Public Nuisance. The undersigned acknowledge that Penalties for nuisance
violations may result in civil and criminal fines up to a maximum of$1,000 to the
owner, property manager, and/or tenant. A property is a public nuisance if there are
multiple violations of liquor, public health, safety or welfare laws and ordinances. They
also acknowledge that under the City's Public Nuisance Ordinance, the landlord may be
held liable for the behavior for the tenants. The penalties are substantial and may
include eviction and forfeiture of personal property, and may result in restrictions or
revocation of any license or permit issued by the city concerning the rental dwelling.
E. Acknowledgment. By my signature below, I acknowledge that I have read and
understand the forgoing addendum, circled items indicated, and filled in the blanks with
correct information. I also acknowledge receipt of the Quality Neighborhoods brochure
explaining applicable city ordinances and the Rental Housing Standards brochure that
are attached hereto.
TENANT SIGNATURE(S) DATE:
**Note** All tenants, except minor children of tenants, must sign this form even if they
have an oral rental agreement.
IF TENANT(S) REFUSE TO SIGN, OWNER OR PROPERTY MANAGER SHALL
INDICATE BELOW THE DATE THE LEASE ADDENDUM AND
ATTACHEMENTS WERE DELIVERED TO TENANTS AND BY WHOM.
OWNER DATE: PROPERTY MANAGER DATE:
Address:
Phone:
Tenant(s) refused to sign. This lease addendum and attached brochures were hand-
delivered to tenants on , by
This registration will be valid for two years from this date or until change in ownership. A
change in ownership requires a new registration and must be submitted with the appropriate
fee within 30 days of such change. Any other changes to number of units, contact information
for local agent or manager or other information must be updated within 30 days of such change.
Please read and check the boxes below:
❑ I have read and understand the City of Fort Collins Rental Housing Standards.
❑ 1 have provided my tenants the City Lease Addendum, and the accompanying
Neighborhood Quality brochure, and I understand that the Addendum must
be made available to the City upon request.
❑ I understand that failure to register, timely renew registration, or timely make
required changes can result in a fine.
❑ I further understand that registration of this dwelling unit does NOT legalize
an illegally created dwelling unit, use, or other circumstance, nor a
nonconforming use, structure, or other nonconformity.
Rental Housing Standards and Checklist, Lease Addendum, and all brochures can be viewed
and downloaded at: www.fcgov.com/rental
Payment
Please enclose a check for $65.00 and mail or fax this form to:
City of Fort Collins
Residential Rental Registration
P.O. Box 580
Fort Collins, CO 80522-0580
Fax: (970) 224-6134
Or provide the following information:
❑ VISA ❑ Master Card
Expiration Date:
Card Number:
Card Name:
Questions? Please contact the City of Fort Collins Building and Zoning Department
at (970) 224-6760
Thank you for registering your property.
Changes made from Study Session
Discussion are shown in BOLD
ORDINANCE NO . 019, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 20 TO ADD A NEW ARTICLE
RELATING TO NUISANCE GATHERINGS
WHEREAS , the City has experienced over the years periodic social gatherings on private
property in the City that have resulted in riotous behavior on the part of those attending these
gatherings ; and
WHEREAS , the City Council wishes to address those social gatherings which result in
nuisance behaviors occurring on neighboring public and private properties and to enable police to
better cope with such gatherings ; and.
WHEREAS , the control of large parties, gathering or events on private property is necessary
when such activity is a threat to the peace, health, safety or general welfare of the public and
neighboring property owners ; and
WHEREAS , police are often called to make return trips to the location of a social gathering
in response to complaints of unreasonable noise or other disruptive or dangerous behavior, in order
to disperse uncooperative or disorderly participants or to enforce criminal laws, and the return of
officers to such a location drains city resources , leaving other areas of the city with minimal levels
of police and other City services, all of which poses a significant hazard to the safety of officers and
to the public in general; and
WHEREAS , the City's cost in responding to such gatherings and in cleaning up the debris
left by such gatherings is appropriately borne by the persons hosting, participating or otherwise
knowingly allowing the same ; and
WHEREAS , the City Council believes that this proposed ordinance will provide City law
enforcement personnel with another tool to more effectively and proactively address the nuisance
behaviors resulting from such gatherings and to enforce compliance against those hosting,
participating or otherwise knowingly allowing such gatherings .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That a new Article III, titled "Nuisance Gatherings" be added to
Chapter 20 and the remaining Articles renumbered accordingly.
Section 2 . That a new Section 20-30 is hereby added to the Code of the City of Fort
Collins to read in its entirety as follows :
Sec. 20-30. Definitions.
Social gathering shall mean a party, gathering or event of five (5) or more
persons who have assembled or are assembling for a social activity or for a special
occasion.
Cost of abatement shall mean the costs incurred by the city or the Poudre Fire
Authority to respond to and/or abate the public nuisance defined in § 20-30 . Such
costs of abatement may include, without limitation, the cost of paying police officers
or any other city or Poudre Fire Authority employees ; any equipment expense
incurred by the city or the Poudre Fire Authority; any appropriate overhead; the cost
of any medical treatment to injured police officers or other personnel dispatched to
the scene of the nuisance ; any loss or damage incurred by any city department or the
Poudre Fire Authority, and the cost of repairing any damaged equipment or property.
If the responsible person cleans up any trash and litter from the social gathering on
public or private property within twelve ( 12) hours of contact by police, the cost of
abatement will not include any city clean up costs .
OFFENDING PROPERTY OWNER SHALL MEAN THE RECORD OWNER OF THE
PROPERTY WHERE THE SOCIAL GATHERING OR PARTY WHICH HAS BEEN
DETERMINED TO BE A PUBLIC NUISANCE UNDER SEC. 20-31 TOOK PLACE.
Responsible person shall mean ANY PERSON CONVICTED OF A VIOLATION
OF THIS SEC. 20-32(A). t
gathering or party takes > or the person, ocirapant,
sponsors, Or tenant having ally
possessory control or otherwise in charge of the premises ; or the person or
persons vvito either canducts,
hosts, invites, or peinfits a social
gathering or party that becomes a public nnisance as defined in § - . If such
a person is under the age of eighteen ( 18) years, the term "responsible person"
includes, in addition, the person's parent(s) or guardian(s) .
Section 3 . That a new Section 20-31 is hereby added to the Code of the City of Fort
Collins to read in its entirety as follows :
Sec. 20-31 . Nuisance gatherings.
A social gathering or party which is conducted on residential premises within
the city and which, by reason of the conduct of those persons in attendance, results
in the occurrence of any one or more of the following conditions or events on
neighboring public or private property: rioting, the unlawful carrying or possessing
an open container of alcohol or fermented malt beverage in public ; public urination
or defecation; the unlawful sale, furnishing, possession or consumption of alcohol
or fermented malt beverages ; the deposit of trash or litter; the destruction of
property; the generation of pedestrian or vehicular traffic, standing, or parking which
obstructs the flow of traffic or interferes with the ability to render emergency
services ; excessive, unnecessary, or unreasonable noise which disturbs the comfort,
quiet, or repose of the neighborhood, including public disturbances, brawls, fights,
or quarrels ; or conduct or condition which injures, or endangers the safety or health
of the neighborhood, or results in any indecent or obscene conduct, or results in any
indecent exposure by persons attending the social gathering or party, is hereby
declared to be an unlawful public nuisance .
Section 4. That a new Section 20-32 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows :
Sec. 20-32. Prohibited; penalty.
(a) Any person being the owner, occupant, tenant, or otherwise having any
possessory control, individually or jointly with others, of any premises who either
sponsors, conducts, hosts, invites, or permits a social gathering or party which is or
during the course thereof becomes a public nuisance as defined by § 20-30 is hereby
deemed to have committed a misdemeanor, and upon conviction shall be subject to
the penalties as provided by § 1 - 15 of this Code, and may further be ordered as a
condition of any sentence, to pay the costs of abatement contained in § 20-33 . In any
prosecution for a violation of this section, proof that the owner or tenant of the
premises upon which the nuisance party occurred was present at the time of the
violation shall constitute prima facie evidence that such person was in control of the
premises and knowingly permitted the violation to occur.
(b) All participants in any party or social gathering declared to be a public
nuisance by a police officer shall cease participating and immediately disperse upon
order of a police officer, and all persons not domiciled at the site of such party or
social gathering shall leave the property immediately. Any person failing or refusing
to obey and abide by such order commits a misdemeanor criminal offense, and any
person convicted of a violation of this subsection shall be subject to the penalties
provided by § 1 - 15 of this Code.
Section 5 . That a new Section 20-33 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows :
Sec. 20-33 . Payment of costs of abatement; assessment; appeal.
(a) The cost of abating a public nuisance defined by § 20-30 shall be assessed
against the premises responsible person(s) ACCORDING TO SUCH
APPORTIONMENT AS THE MUNICIPAL JUDGE MAY DEEM APPROPRIATE, ANY
UNPAID COSTS ASSESSED AGAINST AN OFFENDING PROPERTY OWNER-td shall be
a lien upon the property until such assessment is paid.
(b) The City Manager or his designee shall cause the Financial Officer to bill
the responsible persons for the cost of abatement, which bill shall include the name
and address of the responsible persons, the date and time of the incident and the
expenses incurred by specific city departments in responding to or abating the public
nuisance.
(c) Any responsible person who wishes to dispute the determination thatAi ep
are HE OR SHE is liable for the cost of abatement may do so by submitting a request
to the City Manager for an administrative review hearing in writing no more than ten
( 10) days after the assessment of the cost of abatement. The city and the responsible
person disputing the fee shall be given notice of the hearing and an opportunity to
be heard.
(d) If any such assessment AGAINST AN OFFENDING PROPERTY OWNER is not
paid within thirty (30) days after billed by the Financial Officer to the owner by
deposit in the United States mail addressed to the owner of record at the address as
shown on the tax rolls or such other, more recent address as may be available to the
city, and any agents, representatives or other responsible persons as may be known,
or after administrative review, the Financial Officer is authorized to certify to the
county Treasurer the delinquent assessment, giving the name of the owner as it
appears of record, the number of the lot and block and the amount of the assessment
plus a ten-percent penalty. The certification is to be the same in substance and in
form as required for the certification of other taxes . The county Treasurer, upon
receipt of such certification, is authorized to place it upon the tax list for the current
year and to collect the assessment in the same manner as general property taxes are
collected, together with any charges as may by law be made by the county Treasurer
and all laws of the state for the assessment and collection of general taxes, including
the laws for the sale of property for taxes, and the redemption thereof shall apply to
and have full force and effect for the collection of all such assessments.
Notwithstanding the foregoing, if the offending property is not subject to taxation,
the Financial Officer may elect alternative shall means to collect the amounts due
pursuant to this Article, including the commencement of an action at law or in equity
and, after judgment, pursue such remedies as are provided by law.
Section 5 . That a new Section 20-34 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows :
Sec. 20-34. Other remedies.
Nothing in this article shall be construed as affecting the ability of the city to
initiate or continue concurrent or subsequent criminal prosecution or civil proceeding
for any violation of the provisions of the city code or state law arising out of the
circumstances necessitating the application of this article .
Introduced and considered favorably on first reading and ordered published this 1 st day of
February, A. D . 2005 , and to be presented for final passage on the 15th day of February, A.D . 2005 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 15th day of February, A.D . 2005 .
Mayor
ATTEST :
City Clerk
Changes made from Study Session
Discussion are shown in BOLD
ORDINANCE NO . 020, 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 and allow for
revocation of the ability to rent a property under certain circumstances ; and
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 :
Sec. 20411 . 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) bmeand property manager(s), if any, at any different address of
the owner(s) as shown in the records of the city, including utility, rental registration,
and/or licensing records or as shown in the records of the 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
misdemeanor violation of the Code, 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 disturb the 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 constitutes a public nuisance under any section of this
Chapter 20 or this Code ; or
(3 ) the condition of the parcel upon which the violation occurred was, at the
time of the violation, injurious or harmful to the health, safety or welfare
of the occupants, neighbors thereof, or citizens of the city.
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• provided below, ap ublic nuisance shall mean the condition or
p as p
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,
violation, the conduct of the persons connnitting the violation was such as to anno
or disturb the peace of the residents in the vicinity of the parcel or of the passersb
on the publie streets, sidewalks and rights-of-way in the vicinity of the parcel,
provided, however, that .-fo within thirty (30) days of each such separate violation,
except the final separate violation needed to prove a public nuisance under this
Article, the city has sent by certified mail to the owners, property manager(s) and
tenants or occupants of the parcel, a notice of violation; provided however, that if
an owner or property manager of a parcel has filed an eviction action in a court of
competent jurisdiction after receiving notice of a second violation seeking to evict
from the parcel those persons whom the owner reasonably believes have been
responsible for the most recent previous separate violation(s) on the parcel, then the
last separate violation, ust have needed to prove
a-public tmisance under this Article occurred no less than forty-five (45) days after
the date of mailing of the last notice of violation.
(d) Notwithstanding the foregoing, a public nuisance may also be considered
to exist on a parcel if:
( 1 ) Two (2) or more separate violations of the same section of the Code have
occurred on the parcel within a six-month period;
(2) The Nuisance Abatement Officer, in his or her discretion, has requested
a hearing before thea Public Nuisance Hearing Officer designated by the
City Manager and has so notified the owner, occupant and/or property
manager of such parcel (if known to the city) of the hearing and of the
separate violations to be considered at the hearing; and
(3) Any owner, tenant or occupant and/or property manager appearing at such
hearing has failed to demonstrate, to the satisfaction of the City
NtanagerPublic Nuisance Hearing Officer, that he or she has contacted the
Nuisance Abatement Officer after the first notice of violation and has
undertaken and proceeded with due diligence to use reasonable means to
avoid a recurrence of similar violations on the parcel by the present or
future tenants or occupants of the parcel; and;
(4) tThe eity Manag ublic Nuisance Hearing Officer has determinesd that
a public nuisance exists on such parcel . In makingdetermining whether a
public nuisance exists under this determination,
provision, the Public Nuisance Officer shall be guided by, but not limited
to, the criteria contained in § 20- 116(a)( 1 ) and (2) .
a. The City Manager shall adopt administrative regulations establishing
standards to be used by the Nuisance Abatement Officer in
determining whether to request such a hearing, as well as procedures
for scheduling and conducting the same, which procedures shall
afford the affected property owners, tenants, occupants and/or
property managers reasonable notice and an opportunity to be heard.
The standards to be used by the Nuisance Abatement Officer in
determining whether to request a hearing shall include, but need not
be limited to, the period of time between the separate violations, the
owner's or property manager's response to the first notice of violation,
and any aggravating circumstances related to either violation. If the
owner, property manager, tenant and occupants all
fail to appear at such hearing, after reasonable notice, or if the City
Manager determines, after such hearing, that a public nuisance exists
on a parcel pursuant to the provisions of this paragraph, the city may
commence a public nuisance action under § 20- 115 on the basis of
the two (2) separate violations and no additional separate violations .
Nothing herein shall be construed to relieve the city of the obligation
to send, by certified mail, notices of the two (2) violations as required
above .
b . If any owner, property manager, occupant or tenant has pled guilty or
no contest to, or has been found guilty of, any of the separate
violations cited in a notice sent under subsection (d)(2) above, such
plea or finding shall be deemed to establish all the elements of such
separate violation(s) , including any culpable mental state required for
the commission of such separate violation(s), and no further evidence
shall be required with regard to the commission of such separate
violation(s) at the hearing.
c . The fact that a respondent took steps to abate the public nuisance
after receiving such A notice SENT UNDER SUBSECTION (D)(2)
ABOVE, shall not preclude a determination that a public nuisance
exists on the parcel under this subsection (d) .
Section 3 . That Section 20- 114(c) of the Code of the City of Fort Collins is hereby
amended to read as follows :
Sec. 20-114. Procedures in general.
(c) Public nuisances under the provisions of this Article shall be strict liability
violations . No culpable mental state of any type or degree shall be required to
establish a public nuisance under this Article or to obtain Court approval for the
remedies provided under this Article except that, if a separate violation used by the
city to establish the existence of a public nuisance has not been previously
adjudicated, all of the elements of such separate violations, including any culpable
mental state required for the commission of such separate violations, must be
established by the city by a preponderance of the evidence at the trial on the merits
of any civil action commenced under this Article. If any owner, property manager,
occupant or tenant has pled guilty or no contest to, or has been found guilty of, any
of the separate violations cited in the notice required under § 20- 115 , such plea or
finding shall be deemed to establish all the elements of such separate violation(s),
including any culpable mental state required for the commission of such separate
violation(s) , and no further evidence shall be required with regard to the commission
of such separate violation(s) at the trial on the merits of any civil action commenced
under this Article .
Section 4 . That Section 20- 115 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 20- 115. Posting of notice of Ecommencement of public nuisance actions;
Prior notificatione
(a) Posting of notice.
( 1 ) At least ten ( f 0) calendat days before filing a civil action mideT this
Artiele,Upon service of the verified complaint or complaint by affidavit
referred to below, the Nuisance Abatement Officer shall post a notice sha-11
be postedat some prominent place on the parcel. A notice shall also be
inailed to the ovmcr(s) of the parcel . The mailing of the notice shall be
deemed sufficient if mailed by certified mail to the owner(s) at the
addresses shown of record relating to the parcel for such owner(s) in the
records of the haritner eounty Assessor or of the county elerk an
The posted mid mailed 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 mxybehas been filed.
(2) Agents of the city are authorized to enter upon the parcel for the purpose
of posting these notices and to affix the notice in any reasonable manner
to buildings and structures .
(3 ) The city shall not be required to post or mail any notice specified herein
whenever it determines that any of the following conditions exist:
a. The public nuisance poses an immediate threat to public safety;
b . Notice would j eopardize a pending investigation of criminal or public
nuisance activity, confidential informants or other police activity; or
c . Any other emergency circumstance exists .
(b) Filing the civil action. An action under this Article shall be commenced
by the filing of a verified complaint or a complaint verified by an affidavit, which
may be accompanied by a motion for a temporary abatement order, through the
Office of the City Attorney. No such action shall be commenced unless each of the
separate violations asserted in support of such action has resulted in the issuance of
a summons and complaint charging at least one ( 1 ) person responsible for such
separate violation with the commission of the same.
( 1 ) The parties-defendant to an action commenced under this Article and the
persons liable for the remedies in this Article may include the parcel of
real property itself, any person owning or claiming any ownership or
leasehold interest in the parcel, all tenants and occupants of the parcel, all
managers and agents for any person claiming an ownership or leasehold
interest in the parcel, any person committing, conducting, promoting,
facilitating or aiding in the commission of a public nuisance and any other
person whose involvement may be necessary to abate the nuisance,
prevent it from recurring or to carry into effect the Court's orders . None
of these parties shall be deemed necessary or indispensable parties . Any
person holding any legal or equitable interest in the parcel who has not
been named as a parry-defendant may intervene as a party-defendant. No
other person may intervene .
(2) The parties-defendant shall be served as provided in the Colorado Rules
of County Court Civil Procedure for other civil actions except as
otherwise provided in this Article.
(3 ) The summons, complaint and, if applicable, temporary abatement order
shall be served upon the real property itself by posting copies of the same
(43 ) The Nuisance Abatement Officer or any other city code enforcement officer
or police officer may serve the summons, complaint and, if applicable, the
motion for temporary abatement.
Section 5 . That Section 20- 116 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 20-116. Effect of abatement efforts ; defense to action.
• a • If a person named as a party-defendant is the owner of a parcel of real
( ) P p Y
property and is leasing the parcel to one ( 1 ) or more tenants , or the person named has
been hired by the owner of the parcel to manage and lease the parcel, and the
separate violations which constitute the alleged public nuisance were committed by
one ( 1 ) or more of the tenants or occupants of the parcel, it shall be a defense to an
action under this Article that said person has :
( 1 ) Evicted, or attempted to evict by commencing and pursuing with due
diligence appropriate court proceedings, all of the tenants and occupants
of the parcel that committed each of the separate violations that constitute
the alleged public nuisance ; and
(2) Has, considering the nature and extent of the separate violations,
undertaken and pursued with due diligence reasonable means to avoid a
recurrence of similar violations on the parcel by the present and future
tenants or occupants of the parcel.
(b) If, in the judgment of the Nuisance Abatement Officer or Public Nuisance
Hearing Officer, a person who has received a notice of violation has established
sufficient grounds to assert a defense to an action under Subsection (a) above, the
separate violation which was the subject of the notice of violation shall no longer be
considered a separate violation within the meaning of this Article . Nothing herein
shall be construed to prohibit the introduction of evidence of said separate violation
at a subsequent court proceeding, if a public nuisance action is commenced on the
basis of additional separate violations, for the purpose of determining whether the
defendants named in such action have undertaken and pursued with due diligence
reasonable means to avoid a recurrence of similar violations on the parcel of real
property by the present and future tenants or occupants of the parcel .
(c) Except as provided in Subsection (a) above, the fact that a defendant took
steps to abate the public nuisance after receiving either the notice specified in § 20-
115 above or the notice of Request for Hearing in § 20- 113 above or any other notice
shall not constitute a defense to an action under this Article .
Section 6 . That Section 20- 117(c) of the Code of the City of Fort Collins is hereby
amended to read as follows :
Sec. 20-117. Abatement orders.
. . . . .
(c) Substance of abatement orders. Temporary or permanent abatement
orders entered under this Article shall be narrowly tailored so as to address the
particular kinds of separate violations that form the basis of the alleged public
nuisance. Such orders may include :
( 1 ) Orders requiring any parties-defendant to take steps to abate the public
nuisance ;
(2) Orders authorizing the Nuisance Abatement Officer or any other city code
enforcement officer or police officer to take reasonable steps to abate the
public nuisance activity and prevent it from recurring, considering the
nature and extent of the separate violations;
(3 ) Orders requiringrestraining certain named individuals from
entering the parcel at all times;
(4) Orders restricting the number of guests allowed on the premises or
restricting the types of activities upon the premises ;
(45) Orders reasonably necessary to access, maintain or safeguard the parcel ;
and/or
(56) Orders reasonably necessary for the purposes of abating the public
nuisance or preventing the public nuisance from occurring or recurring
including the revocation or suspension of any license or permit pertaining
to the use of the premises ; provided, however, that: (I) no such order shall
require the seizure of, the forfeiture of title to, or the temporary or
permanent closure of, a parcel, or the appointment of a special receiver to
protect, possess, maintain or operate a parcel (OPTION A) ; AND (II) NO
ORDER SHALL PROHIBIT THE RENTAL OF A PARCEL UNLESS THE OWNER
THEREOF HAS FAILED TO ABIDE BY A PREVIOUS ORDER OF ABATEMENT ,
Section 7 . That Section 20- 119 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 20- 119. Civil judgment.
In any case in which a public nuisance is established, in addition to a permanent
abatement order, the Court may impose a separate civil judgment on every party-
defendant who committed, conducted, promoted, facilitated, permitted, failed to
prevent or otherwise let happen any public nuisance in or on the parcel that is the
subject of the public nuisance action. This civil judgment shall be for the purpose of
compensating the city for the costs it incurs in pursuing the remedies under this
Article, including but not limited to costs of service of process , staff time, and/or
attorney's fees .
Section 8 . That Section 20- 121 of the Code of the city of Fort Collins is hereby amended
to read as follows :
Sec. 20421 . Stipulated alternative remedies.
(a) The city and any parry-defendant to an action under this Article may
voluntarily stipulate to orders and remedies, temporary or permanent, that are
different from those provided in this Article .
(b) The Public Hearing Officer may accept such stipulations for alternative
remedies and may order compliance therewith only when the responding parties
admit to the existence of a public nuisance upon the parcel.
(be) The Court shaffina#emay accept such stipulations for alternative remedies
and make such stipulations an order of the Court, mid they shal enforceable as an
order of the Court.
Section 9 . That Section 20- 123 ofthe Code of the City ofFort 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 this 1 st day of
February, A.D. 2005 , and to be presented for final passage on the 15th day of February, A.D . 2005 ,
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 15th day of February, A.D . 2005 ,
Mayor
ATTEST :
City Clerk
Changes made from Study Session
Discussion are shown in BOLD
ORDINANCE NO. 021 , 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE VI, DIVISION 2
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO RESIDENTIAL RENTAL REGISTRATION
WHEREAS , residential rental housing in the City can be subject to overcrowding, structural
deterioration and overall neglected appearance, which conditions can lead to a decline in
neighborhood quality of life, neighborhood appearance and the value of real estate; and
WHEREAS , residential rental housing can, without proper attention by landlords, property
managers and tenants, become unsafe, a public nuisance and/or unfit for human habitation; and
WHEREAS, MULTI-FAMILY RENTAL UNITS WHICH HAVE BEEN CONSTRUCTED FOR THE
PURPOSE OF RENTAL ARE READILY IDENTIFIABLE BY THE CITY AND OTHER AFFECTED PERSONS
AS RENTAL PROPERTIES ; AND
WHEREAS, SUCH MULTI-FAMILY RENTAL UNITS TYPICALLY HAVE A PROPERTY
MANAGER WITH WHOM NEIGHBORS AND THE CITY CAN COMMUNICATE ABOUT ANY BEHAVIORAL
PROBLEMS OCCURRING IN CONNECTION WITH SUCH RENTAL UNITS ; AND
WHEREAS, SINGLE-FAMILY, TWO-FAMILY, THREE-FAMILY AND FOUR-FAMILY
DWELLINGS, AS WELL AS BOARDING HOUSES, WERE OFTEN CONSTRUCTED FOR OWNER-
OCCUPANCY RATHER THAN USE AS RENTAL PROPERTIES, SO THAT IT IS DIFFICULT FOR THE CITY
TO IDENTIFY WHICH OF SUCH PROPERTIES ARE BEING USED FOR RENTAL PURPOSES OR TO KNOW
WHOM TO CONTACT IN THE EVENT OF BEHAVIORAL PROBLEMS ; AND
WHEREAS , requiring the owners of such rental properties to register their properties with
the City would afford the City an opportunity to educate both owners and tenants regarding
compliance with applicable occupancy, building maintenance, property maintenance and behavioral
ordinances, and would facilitate the enforcement of nuisance laws against such properties by
requiring that the names, addresses and telephone numbers of local persons responsible for such
properties be provided to the City; and
WHEREAS , City staff is recommending a Residential Rental Registration Ordinance which
would establish procedures for identifying rental units within the City limits of Fort Collins and for
educating property owners, property managers and tenants in the City about the City's Rental
Housing Standards and other City Code programs; and
WHEREAS , the Rental Registration Program is also necessary to increase the efficacy of
nuisance code enforcement by providing the City with a local contact for all rental properties in the
City and would facilitate better information sharing between such persons and the City; and
WHEREAS , the Rental Registration Program is intended to ensure that residential rental unit
owners, property managers and tenants are informed of, and adhere to, all applicable Code
provisions governing the use and maintenance of rental units and to ensure that owners, property
managers and agents inform tenants of their responsibilities under written leases or other rental
agreements before such leases and agreements are executed; and
WHEREAS , the Rental Registration Program will serve to protect the life, safety and health
of residential rental housing tenants and to preserve a high quality of life in neighborhoods in which
residential rental housing is located by encouraging the nuisance-free and peaceable enjoyment of
residents within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That the title of Division 2 contained under Article VI. , Chapter 5 of the Code
of the City of Fort Collins is hereby amended to read as follows :
DIVISION 2 . - RENTAL HOUSING
Section 2 . That Section 5 -236 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-236. Definitions.
For the purposes of this Article, certain terms, phrases, words and their
derivatives shall be construed as specified in either this Article, or as specific in the
city building code adopted in § 5 -26, or the Land Use Code . Where terms are not
defined, they shall have their ordinary accepted meanings within the context with
which they are used. Webster's Third New International Dictionary of the English
Language, Unabridged, copyright 1961 , 1986 printing, shall be considered as
providing ordinary accepted meanings . As used in this Article, the following terms
shall have the meanings indicated :
Non-owner-occupied rental housing shall mean any building or portion thereof,
including the lot, tract or parcel of land on which the same is located, containing any
dwelling unit, guest room or hotel; and any mobile home as defined in Chapter 18
of this Code, or any other similar place intended for human habitation, which is
leased, rented, or sublet to a family or person(s) for compensation (including money
or services and includes the sharing of expenses) or otherwise occupied by a person
who is not the fee owner of record of said building, mobile home or portion thereof.
Occupant shall mean an individual who resides in a dwelling unit under any
implied lease or express agreement.
receives inaif at the dvveffing unit or Min atifizes tire dvvelfing unit as an address
for ally PUT-Posee
Occupied shall mean in use for residential purposes.
Owner shall mean the holder of the title in fee simple and any person, group of
persons, company, association or corporation in whose name the tax bills on the
property are submitted. It shall also mean any person who, alone or jointly or
severally with others :
( 1 ) has legal title to any dwelling or dwelling unit, with or without actual
possession thereof; or
(2) has charge, care or control of any dwelling or dwelling unit, as owner,
executor, executrix, administrator, trustee, guardian of the estate of the
owner, mortgagee or assignee of rents .
Owner shall not include any person, group of persons, company, association or
corporation who merely holds a deed of trust or easement on real property.
Property manager shall mean any person, group of persons , company, firm or
corporation charged with the care and control of a building, dwelling or rental
dwelling unit or their duly authorized agents who perform services for the owner
with respect to the building or rental dwelling unit under a contract with the owner
or who otherwise acts as representative of an owner with respect to the building or
rental dwelling unit.
Rental dwelling unit shall mean one ( 1 ) or more rooms
OCCUPIED OR INTENDED TO BE OCCUPIED AS A UNIT EXCLUSIVELY FOR
RESIDENTIAL PURPOSES that is leased, rented, or sublet to a &nfily, as defined in
Section 5. 1 .2 of the Land Use eodeq or to other perso for compensation
(including money or services or the sharing of expenses) for fiving and cooking
purposes, and WhiCh AND THAT is located in a BOARDING HOUSE OR A single-
family or two-family DWELLING OR A MULTI-FAMILY DWELLING CONTAINING NO
MORE THAN FOUR DWELLING UNITS or inuffifanfily dwelling.
Section 3 . That Section 5 -237 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-237. Purpose.
The ptirpose of This codcArticle is necessary to protect the health,
safety and welfare of the people of the city by establishing minimum standards
governing the facilities, utilities, occupancy, repair and maintenance of rental
housing to safeguard life or limb, health, and property of persons affected by or
subject to the provisions of this Article and the public welfare bythrough
regulatingregulation and controlling of the use, occupancy, location and
maintenance of all non-owner-occupiedrental housing within the city.
Section 4. That Section 5 -238 (a) 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
non-owner-occupic rental housing as defined in § 5 -236 .
Section 5 . That Section 5 -240 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-240. Substandard dwellings declared nuisances .
All buildings or portions thereof which are determined to be substandard as
defined in this Article are hereby declared to be public nuisances and shall be abated
by repair, rehabilitation, demolition or removal in accordance with the procedure
specified in Sections 5 -302 , 5 -303 and 5 -305 through 5 -307 or through any other
procedure allowed by law or ordinance .
SECTION 6. THAT SECTION 5-256 OF THE CODE OF THE CITY OF FORT COLLINS IS
HEREBY AMENDED TO READ AS FOLLOWS .
SECS-256. ENFORCEMENT,
THE DIRECTOR OF BUILDING AND ZONING IS HEREBY AUTHORIZED AND
DIRECTED TO ENFORCE ALL OF THE PROVISIONS OF THIS ARTICLE PURSUANT TO
SUCH AUTHORITY AS IS GRANTED BY THE CHIEF OF POLICE UNDER SEC . 2-
504 B 2 . FOR sueff PURPOSES, THE MREeTOR SH*hE ff* VE THE POWERS Of
Section 7 . 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 Director of Building and Zoning has reasonable cause
to believe that there exists in any building or upon any premises any condition or
violatiorrwhich makes such building or premises unsafe, dangerous or hazardous or
any violation of this Article or any other code section, including the Land Use Code
and its regulations, the Director may enter such building or premises at all reasonable
times to inspect it or to perform any duty imposed upon the Director by this Article .
If such building or premises is occupied, the Director shall first present proper
credentials and request entry. If such building or premises is unoccupied, the
Director 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 shall have recourse to every remedy provided by law to
secure entry, including an inspection warrant issued by the Municipal Court or any
other court pursuant to Rule 241 of the Colorado Rules of Municipal Court
Procedure; PROVIDED, HOWEVER, THAT UPON EXECUTION OF SUCH A WARRANT,
THE DIRECTOR SHALL BE ACCOMPANIED BY A UNIFORMED CITY POLICE OFFICER
(b) When the Director of Building and Zoning 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 Director for the purpose of inspection and
examination pursuant to this Article. Such knowing failure to permit entry upon
request pursuant to a proper inspection warrant is a misdemeanor punishable by the
provisions of § 1 - 15 .
Section 8 . 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 ; compliance with codes.
(a) Every owner remains liable for violations of duties imposed by this Article
even though an obligation is imposed on the occupants of the building and even
though the owner has by agreement imposed on the occupant the duty of furnishing
required equipment or of complying with this Article . Nothing herein shall be
construed as limiting or interfering with in any way, the right of any persons to
establish by written contract specific responsibilities of owners, property managers
and occupants for the purpose of leasing or renting - - housing.
Every owner or agent, in addition to being responsible for maintaining the building
in a sound structural condition, shall be responsible for keeping that part of the
building or premises which the owner occupies or controls in a safe condition
including the shared or public areas in a building containing two (2) or more
dwelling units .
Section 9 . That a new Section 5 -263 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows :
Sec. 5-263 . Rental registration required.
After August 1 , 2005 , 110 0 VV ner Or Property manager Shall Offer to rentq
or continue to rent ANY PERSON WHO OFFERS TO RENT, RENTS, OR CONTINUES TO
RENT a rental dwelling unit vvithout first MUST REGISTERregiste-ring the rental
dwelling unit pursuant to this section.
( 1 ) Registry maintained by building department. A registry of RENTAL
DWELLING UNITS CONTAINING THE INFORMATION REQUIRED IN THIS
SECTION owners and premises shall be maintained by the DIRECTOR OF
BUILDING AND ZONINGbuilding departinen .
(2) Registration of RENTAL DWELLING UNITSAND owners . No later than July
31 , 2005 , the owners of all rental dwelling units shall register, for each
rental dwelling unit owned by them, their names, , the street
address of the rental dwelling unit, the mailing address and phone number
of the owner, AND the location of the dwelling(s). and tire nuinbeT o
dwelling units or rooming units o&red to let. Owners of properties
which are rented but owner-occupied shall also register their properties .
(3 ) Registration ofproperty managers and local agents. If a rental property
is required to be registered under this chapter, and the owner and/or
property manager is not a natural person or is not domiciled within a ten
( 10) mile radius of the Fort Collins Urban Growth Area, then the owner
shall appoint a natural person who resides or has an office regularly used
for the transaction of business or performance of a particular service,
physically located within a ten ( 10) mile radius of the Fort Collins Urban
Growth Area to serve as the local agent authorized by the owner to receive
service of notices and process on behalf of the owner. The manager/agent's
name, date of birth and the street address and mailing address of the
shall be placed with the name of the owner in the registry.
(4) Registration information changes. Any change in mailing address or phone
number of an owner, property manager or agent, and any change in the
number of units offered, shall be provided to the city by said owner,
manager or agent within thirty (30) days of such change . A fate ke of
tvvent4y -five doffars ($25o) per unit shall be paid for any registration-or
update which is not completed within thirty (30) days of said climme.
(5 ) Failure to register, renew registration or update registration. If the
building and zoning director has reason to believe that an owner or
manager or agent has failed to register, renew or update the registration of
a rental dwelling unit as required by this Section, he or she shall mail a
written notice to the owner or managing agent, setting a seven (7) day
deadline to register, renew or update registration of the rental dwelling unit.
It shall be a violation of this article to fail to register a rental dwelling unit
before the deadline expires . Such knowing failure to register, renew or
update registration after the seven (7) day deadline is a misdemeanor
punishable by the provisions of § Section 1 - 15 .
(6) Registration term, fees. The registration of a rental dwelling unit shall be
valid for two years or until change of ownership of the unit, whichever first
occurs. Registration fees shall be assessed per rental dwelling unit. The
amount of the registration fee for new and renewal registrations , not to
exceed the cost of administering and enforcing this Article, shall be set by
the City Manager pursuant to § 7 . 5 of the City Code .
(7) Records required; lease addendum. The owner of property, manager of
every rental dwelling unit in the City, or their agent, must provide all
tenants occupying said unit with a completed lease addendum, and all
brochures attached thereto, in the form prescribed by the Director of
Building and Zoning and the person providing the same shall so indicate
on the registration form. Said lease addendum must be kept by the owner,
property manager and agent and be produced for inspection upon the city's
request.
(8) Exemptions. The registration requirements in this section shall not apply
to rental dwelling units owned by the Housing Authority of Fort Collins or
properties that are inspected annually for compliance with the requirements
of the United States Department of Housing and Urban Development,
hospitals, nursing homes, group homes or other rental dwelling units used
for human habitation which offer or provide medical or nursing services,
hotel units , dormitories or one or two family dwelling units occupied by the
seller under a rental agreement for a period of less than ninety (90) days
following closing, or to dwelling units under a lease w/option to purchase
or other conditional sale agreement provided that SUCH AGREEMENT
REQUIRES THAT legal or equitable ownership, IN ITS ENTIRETY, MUST BE
is transferred, IF AT ALL, in within ninety (90) days of the
execution of the conditional sales agreement.
Section 10 . That a new Section 5 -264 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows :
Sec. 5-264. Effect of license issuance.
The registration of a rental dwelling shall not change the legal status of a rental
dwelling, including, but not limited to :
( 1 ) legalizing an illegally created dwelling unit, use, or other circumstance, nor
(2) recognizing a nonconforming use, structure, or other nonconformity.
Section 11 . That a new Section 5 -265 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows :
Sec. 5-265. Responsibilities of owner.
An owner of a premises remains liable for violations of this Article even though
an occupant or manager of those premises is responsible for the premises and
regardless of any agreement between the owner and another that imposes or attempts
to delegate responsibility for the premises to the other.
Introduced and considered favorably on first reading and ordered published this 1st day of
February, A.D . 2005 , and to be presented for final passage on the 15th day of February, A.D . 2005 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 15th day of February, A .D . 2005 .
Mayor
ATTEST :
City Clerk