HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/15/2005 - ITEMS RELATING TO OCCUPANCY REGULATIONS AND OTHER ITEM NUMBER: 33
AGENDA ITEM SUMMARY DATE: November 15, 2005
FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry
Steve Roy
Tess Heffernan
SUBJECT
Items Relating to Occupancy Regulations and Other Neighborhood Quality of Life Issues.
RECOMMENDATION
Staff recommends approval of the Ordinances on Second Reading.
FINANCIAL IMPACT
The proposed revisions to the occupancy regulations will require an additional housing inspector,
including related commodities and contractual services costs,in order to effectively investigate and
enforce the Land Use and Rental Housing Standards. The costs for the program would be$10,500
in one-time and $73,600 in ongoing funds. Permit and inspection fees, surcharges and fines will
ultimately cover a portion and possibly all of these costs. Staff will provide an update on the actual
costs of the program within one year of the effective date.
The cost to implement and maintain a rental registration program would vary depending on the type
of program. Four options are provided for Council consideration. The cost for the most expensive
of those options is $30,000 annually, plus an additional $91,000 in one-time costs during the first
year. This would cover all system costs, software licensing fees, staff and administrative expenses.
The program is designed to be self-supporting; thus, these costs will be covered in their entirety by
registration fees.
In summary, the financial impact of both programs is:
Housing and Occupancy Compliance Program $ 10,500 one time
$ 73,600 ongoing
Rental Registration Program (maximum cost) $ 91,000 one time
$ 30,000 ongoing
November 15, 2005 .2- Item No. 33
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 123, 2005, Making Various Amendments to the Fort
Collins Land Use Code Relating to Residential Occupancy Limits.
B. Second Reading of Ordinance No. 124, 2005 Amending Chapter 5, Article VI of the City
Code Relating to Rental Housing. (Options A and B)
C. Second Reading of Ordinance No. 125, 2005, Amending the City Code Relating to Court
Referees.
D. Second Reading of Ordinance No. 126,2005,Amending the City Code Relating to General
Penalties.
E. Second Reading of Ordinance No. 127,2005,Amending Chapter 20,Article VIII of the City
Code Relating to Abatement of Public Nuisances.
Should Council wish to utilize the Utilities records in lieu of a rental registration program, the
following ordinance is included for consideration:
F. First Reading of Ordinance No. 155,2005,Amending Chapter 26 of the City Code Requiring
the Provision of Accurate Ownership Information in Connection With the Provision of
Utility Services.
This Council meeting will focus on revisions to the City's current regulations prohibiting more than
three unrelated persons from inhabiting a single dwelling unit. Staff is also recommending revisions
to the Land Use Code related to boarding houses and is presenting an option that would establish a
rental registration program for the purpose of identifying rental units within the city limits of Fort
Collins. Refinements have been made to various provisions since First Reading was held on October
18, 2005, including additional choices related to the rental registration program. These items are
described in further detail throughout this Agenda Item Summary.
BACKGROUND
On October 18, 2005 City Council approved on First Reading five ordinances related to occupancy,
boarding houses,rental registration and a number of related provisions. Council also directed staff
to provide additional options and/or revisions to several of the ordinances.
ORDINANCE NO. 123, 2005, AMENDING THE LAND USE CODE (Item A)
1. Definitions and Occupancy Limit
The most significant changes that would be made by adoption of this Ordinance are the changes to
the City's occupancy regulation. The Ordinance keeps the occupancy limit separate from the
definition of family and make it easier to understand. It also includes a new definition of family and
November 15, 2005 -3- Item No. 33
a separate occupancy limit not based on relatedness. Additionally,the definition of"adult"has been
revised in order to allow for adult dependents (18 years of age or older) who are living with their
parents. "Occupancy limit"has been refined so that the maximum occupancy per dwelling unit will
be:
a. one family as defined in Section 5.1.2 and not more than one additional person; or
b. two adults and their dependents, if any, and not more than one additional person.
The occupancy limit would apply to all dwelling units: single family, duplex and multi-family.
2. Boarding House Provisions -Revisions to the Land Use Code
The other significant changes that would be made by this Ordinance have to do with boarding
houses. Boarding houses are permitted in numerous zone districts. This Ordinance contains
requirements that would have to be satisfied before a boarding house could be approved in any of
those zone districts: minimum square footage, parking, and for boarding houses in the LMN zone
district only, a density requirement.
In addition to meeting the City's existing Rental Housing Standards, the minimum square footage
required would be 350 square feet of habitable floor space per boarder plus an additional 400 square
feet of habitable floor space for an occupant family.
Following Council input, parking requirements have been changed since First Reading. Each
boarding house would now be required to have .75 (3/4) parking space per boarder, rounded up to
the nearest whole parking space,plus one parking space per occupant family that might be occupying
the house. Staff recommends adding a clause to the effect that one such parking space may be
nonconforming, if approved by the Director, unless the lot abuts an alley or has at least 65 feet of
street frontage length. This would allow for a four-boarder home to provide the requisite three
spaces,but with those spaces accessible by a two-vehicle wide driveway rather than a three-vehicle
wide driveway. The reason for this is that most of the lots in the LMN zone and many lots in other
zones are not wide enough to provide a wide enough driveway for three vehicles. Without this
exception, very few boarding houses would ever be allowed in the LMN zone in particular.
As originally drafted, this Ordinance added a provision requiring a 300-foot separation between
boarding houses in the LMN zone district. This has been modified to instead state that boarding
houses in the LMN zone can make up no more than a certain percentage of the parcels on a block
face. Staff is seeking Council decision as to what level of restriction is desired; specifically should
it be no more than 10%, 25% or 33% of parcels on a block face? Attachment 1 illustrates these
densities. This restriction will ultimately provide greater flexibility in locating boarding houses and,
along with the other requirements, preserves the character of this single-family zone. No density
requirement would be imposed on boarding houses in other zone districts.
The occupancy limit would not apply to boarding houses. Rather, the combined requirements of
minimum square footage per occupant,and off-street parking spaces and density requirements would
work collectively to limit the maximum number of occupants in a unit.
November 15, 2005 -4- Item No. 33
In the zones that allow boarding houses, applications for boarding houses are reviewed through a
formal public hearing process under the Land Use Code. Following Council direction, staff
considered several options for a simpler approval process than is used currently. The new
recommendations are as follows:
• For applications for 5 or fewer boarders, or 4 boarders in the LMN zone, a Basic
Development Review would be required. This is also sometimes termed use-by-
right.
• For applications for 6 or more boarders, or more than 4 boarders in the LMN zone,
a Type 1 (Administrative)review would be required. This requires a public hearing.
• Following issuance of a certificate of occupancy, neighboring properties could be
notified of the certificate of occupancy and any conditions included with it, e.g. the
maximum number of boarders allowed.
Existing boarding houses would be "grandfathered" if the owner can present a valid certificate of
occupancy. Otherwise, the owner would need to obtain a new certificate of occupancy under the
current requirements.
The occupancy section would go into effect January 7, 2007; the remaining sections would be
effective ten days after Second Reading.
ORDINANCE NO. 124, 2005, AMENDING THE RENTAL HOUSING STANDARDS (Item B)
This Ordinance makes basic changes to the Rental Housing Standards to update the minimum
standards, eliminate the owner occupied "loophole" and change the penalty for an occupancy
violation to a civil offense. On October 18, 2005 Council was presented with two options of this
Ordinance: Option A, which did not include a rental registration program, and Option B, which
added a rental registration program. Option B was adopted on First Reading.
Amendments to Rental Housing Code
1. Rental Standards
These revisions to the Rental Housing Standards address commonly identified housing concerns that
affect renters' health and well-being. They include provisions that specify that a lack of general
maintenance of a structure, rat or vermin infestation, filth or contamination, or lack of ventilation
or illumination are considered a nuisance.
Additionally, provisions are included that correspond with the City's most recently adopted
International Codes and Dangerous Building Code, and the 2003 International Property
Maintenance Code. This assists enforcement staff in ensuring that minimal standards are maintained
in the rental community.
Pursuant to direction at the August 2005 work session, staff will be presenting additional proposed
amendments to the Rental Housing Standards in the first quarter of 2006.
November 15, 2005 -5- Item No. 33
2. Certificate of Occupancy
The Ordinance further provides that, in order to obtain a certificate of occupancy for a boarding
house,the Building Official could impose terms and conditions,including compliance with all state
and local laws and regulations or administrative orders. In determining whether to revoke or suspend
a previously issued certificate of occupancy,the official could consider any history or pattern of the
applicant and/or of the applicant's property managers or tenants.
3. Occupancy Statement (formerly termed Truth in Advertising)
This new clause would require that any boarding house certificate specifying the number of
occupants allowed be posted on the back of the front door of the dwelling. Originally, this clause
also stated that any advertisement, sign or other communication regarding the rental of a dwelling
would have to state the maximum permissible occupancy of the unit. Staff recommends revising this
requirement. The revised provisions would require that, when a rental property is rented or sold, a
form stating the maximum permissible occupancy of the unit would have to be signed by the owner
and presented to the tenant or purchaser. Additionally,an option is being presented(Option A-1 and
B-1) that would require all signs or advertisements regarding the rental property to include the
wording "occupancy limited by law."
4. Violation and Penalties
With these changes,a violation of the occupancy limits would become a civil infraction. The burden
of proof in a civil case is by a preponderance of the evidence rather than beyond a reasonable doubt,
and adverse parties (those charged with a violation) can be called as witnesses in civil cases.
Penalties could include a fine of not more than $1,000 for each violation; 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; an injunction or abatement order; and/or
revocation or suspension of any certificate issued by the City with respect to the dwelling. It should
be noted that the Ordinance has been amended to remove the mandatory minimum fine of$500.
5. Rental Registration—Annual Requirement
On October 18,2005 Council voted to adopt Option B of this Ordinance on First Reading. This adds
a rental registration program to the Rental Housing Code amendments for the purpose of identifying
single-family and duplex rental units; educating all parties about the various Codes related to
neighborhood quality of life,nuisances and rental property standards;providing information that will
support data-driven policy making; and increasing the efficacy of Nuisance Code enforcement
through better information sharing.
Tenant information would not be kept on file by the City; however,it would have to be provided to
the City by the owner upon request by the City. The database itself, like most records kept by the
City, would be considered a public record and made available for public inspection upon request.
A listing of the addresses of those properties that have been registered can be made available online.
The remaining information in the database (owner name and contact information, etc.) would be
November 15, 2005 -6- Item No. 33
available by request and would involve payment of a small administrative fee,similar to requests for
criminal background checks or copies of police reports.
There are approximately 21,000 rental units within the Fort Collins city limits,of which an estimated
5,000 are single-family and 1,500 are two-family dwellings which would fall under the registration
requirement. Additionally,the Corona Report(2005)estimates an additional 1,191 new households
will form as a result of better enforcement of occupancy limits. This number does not take into
account the new boarding house provisions, and it is likely some of these new households would
form in multi-family or owner-occupied units. Staff estimates, however, that as many as half of
these households could locate in single-family or duplex rental units. Thus,an estimated 7,100 units
will be required to be registered.
Elements of the proposed registration program would include the following:
• Online registration and payment; mail-in forms also available
• If the property owner is a corporation or business, a contact name would have to be
provided
• Information required:
1. Owner name, address and phone
2. Property address and type of unit
3. Agent or contact person, if applicable, including address and contact
information
• Term: annual renewal, or within 30 days upon change of ownership. Information
would have to be kept current.
• Fee: $25 per dwelling unit for initial registration. $10 per dwelling unit annually
thereafter. No charge for updates to information unless the property changes owner.
• Penalty for non-compliance: civil infraction, punishable by a maximum fine of
$1000 per violation.
Properties owned by the Fort Collins Housing Authority, those inspected annually for HUD
compliance, and other uses such as nursing homes and group homes would be exempt from the
registration requirement.
Administrative options available for implementing an annual registration program, include:
a. Utilizing a fully automated registration system. One-time costs for the program are
estimated to be$91,000 for system licenses,a web interface and other administrative
costs. The ongoing cost of the program would be $30,000. This fully automated
program would be integrated with existing systems and would increase efficiency by
allowing staff to access one system to respond to questions/requests related to rental
activities, nuisance, contractor licensing and building code violations, as well as
development review and building permitting activities. Additionally, it would
optimize technical staff efforts by allowing them to maintain a single application and
eliminate the duplication of support efforts by multiple technical staff groups. It
offers robust reporting tools and allows users to do much of their own geographic and
data analysis without the need for technical staff intervention. It also automates
renewal processing, reducing the need for ongoing administrative staff.
November 15, 2005 -7- Item No. 33
The cost of this registration system has been revised downward since it was first
proposed. The City has been successful in negotiating a lower price for initial
software licenses,and the lower ongoing costs noted in the Financial Impact section
of this document reflect revised assumptions about the number of owners who will
voluntarily comply and the number of those who will independently register their
units using the online services, as well as the addition of the units noted in the
Corona Report. The fees for initial registration and annual renewal would now be
$25 and$10 respectively.
b. Utilizing a simple internal database developed by City staff. One-time costs for the
program are estimated to be $32,000 for system programming, set up and other
administrative costs. The ongoing cost of the program would be $29,000. This
simple database could collect the necessary data, but would have limited
functionality,minimal(if any)integration with other systems,and require employees
to learn and access multiple systems to answer inquiries and collect data. It also
creates a higher demand for technical support due to incompatibility and other
support issues,the need to coordinate the efforts of disparate technical groups and the
reliance on them for most reports and data analysis. The fees for this registration
would be $10 per year, per dwelling unit.
No changes to Option B, as adopted on First Reading, would be needed with regard to these
implementation options. However,if Option B is adopted on Second Reading,Council direction as
to one of these implementation options could be included in the motion to adopt Option B. Absent
any Council direction on this point, the City Manager would decide upon the appropriate
implementation option.
6. Rental Registration—One-time Requirement
As a result of Council input, Option B-2 provides an alternative rental registration program for
consideration. Under this option, single-family and duplex dwelling units would be required to be
registered one time or within 30 days of change of ownership. There would be no cost to the
property owner for this option. It is anticipated that there would be minimal `hard costs' that could
be absorbed by the City, provided that the system can be developed by existing technical staff.
However,the time spent configuring and supporting this application could reduce resources available
for other City systems/applications potentially causing service delays throughout the organization.
All other elements of the registration program would be the same as described previously.
USING UTILITIES DATA AS AN ALTERNATIVE TO A RENTAL REGISTRATION
PROGRAM
In response to Council feedback on October 18, 2005, staff members have investigated means to
keep information the City receives about the ownership of rental properties confidential,and to make
the rental registration program more affordable. Staff believes that an effective way to accomplish
these two objectives is to use the Utilities'database in lieu of a separate rental registration program.
The City would require owner information from all utility customers, including those who own
residential rental properties.
November 15, 2005 -8- Item No. 33
That information can then be used for both Utilities'purposes(since the property owner is ultimately
responsible for the payment of utility bills) and for Code enforcement purposes.
As to confidentiality, the Open Records Act requires that the names, addresses,telephone numbers
and financial information of utility customers be kept confidential, although such information can
be disclosed to police agencies conducting criminal investigations. Because the occupancy
regulation and several nuisance ordinances may be decriminalized, we would add a local Code
provision expanding the exception for criminal investigations so that the exception would also apply
to investigations of civil infractions by Code enforcement officers.
The Open Records Act also permits information provided by utility customers to be made public in
aggregate form, so the City could make public general information about the number of rental
properties in the city and their locations.
This option would require owner contact information be provided as a condition of providing utility
services to rental properties. Enhancing communication between the Utilities and property owners
when tenants apply for utility service would benefit both property owners and the Utilities, since
unpaid utility bills can become a lien against the properties to which the utilities are delivered.
Another advantage of this option is its cost, which would be much less than that of a separate rental
registration program.
The Code has in the past been silent as to the information that the General Manager of Utilities may
require in connection with utility accounts. The Ordinance allows the General Manager to use his
or her discretion in determining when more extensive information is needed to confirm the status
of an account or the identity or status of a customer. Failure to provide the required information or
providing false information regarding property ownership in accordance with the new Code
provisions would constitute a violation of the Code, thus could be prosecuted as a misdemeanor
criminal offense.
IMPLEMENTATION AND ENFORCEMENT
The occupancy provisions and the rental registration requirement or enhanced Utilities information
program,if approved by the Council,will go into effect January 1,2007. Prior to that,staff members
will conduct a comprehensive outreach and education campaign using a variety of methods to reach
property owners,property managers,tenants and others with an interest in these issues. Extra efforts
will also be made to inform landlords about the potential for obtaining a certificate of occupancy for
a boarding house and how to go about that process. Tools could include a direct mailing to those
properties where the Assessor's records list an owner at an address different from the property,utility
bill inserts, ads in local print media and meetings with various stakeholder groups. The County is
also open to using 2007 property tax bills to notify owners of the new requirement.
The rental registration ordinance allows those who have not registered to comply within seven days
of being notified without being fined. It is assumed that most who do not apply will be brought to
City attention through complaints. City staff will then follow-up on these complaints using means
available,and when unsuccessful in locating the owner,will visit the property to talk with residents.
If, after notice, owners fail to register their properties they would then be cited for violation of the
registration requirement.
November 15, 2005 -9- Item No. 33
Prior to implementation of the ordinances under discussion,enforcement of the existing occupancy
code will remain "status quo." The exception to this would be the new "occupancy disclosure"
requirement(as discussed previously)and the revised boarding house provisions. These will go into
effect ten days after Second Reading.
Once the new laws and related resources are in place, enforcement of the new provisions would
follow that of other codes. If an alleged violation is brought to the attention of the Housing Inspector
an investigation will be conducted to determine if there are sufficient grounds for a summons. If a
summons is served,the violator(s)would be required to appear before the referee for a hearing. At
the hearing, evidence would be presented on both sides. It should be noted that in the case of
occupancy violations,neighbors may have to be called as witnesses. The referee would then decide
if a violation exists and,if so, would assess a fine up to$1000. (The previously proposed minimum
fine of$500 has been deleted from the ordinances.) He or she could also enter orders to prevent
future violations. The decision of the referee could be appealed to Municipal Court. If the fine was
not paid, the potential exists to put a lien on property or use a collection agency. As with all
prosecutions, it is possible that a plea agreement could be reached before the matter proceeded to
hearing.
OTHER PROPOSED ORDINANCES
Three remaining ordinances are needed to fully implement the changes to the two ordinances
described above. The effect of each ordinance is discussed below:
Ordinance No. 125, 2005 - amendments to court referee section of the Code providing a civil
infraction process (Item Q.
Ordinance No. 126,2005-amendments to the general penalty section of the Code setting the penalty
parameters for civil violations (Item D).
Ordinance No. 127, 2005 -amendments to the public nuisance ordinance allowing for violations of
civil infractions to be included in the public nuisance process and housekeeping changes to clarify
the public nuisance process (Item E).
CONCLUSION
In addition to the Second Reading of Ordinances No. 123,No. 125, No. 126 and No. 127, Council
faces several choices related to the Second Reading of Ordinance No. 124 as it relates to a rental
registration program.
1. If Council wishes to adopt the annual registration program:
Adopt Ordinance No. 124, 2005, Option B, as adopted on First Reading.
• Include Option B-1, occupancy statement, if desired.
November 15, 2005 -10- Item No. 33
2. If Council wishes to adopt a one-time registration requirement:
Adopt Ordinance No. 124, 2005, Option B-2.
• Include Option B-1, occupancy statement, if desired.
3. If Council wishes to utilize the Utilities database in lieu of a rental registration program:
(a) Adopt Ordinance No. 124, 2005, Option A (without rental registration).
• Include Option A-1, occupancy statement, if desired.
(b) Adopt on First Reading Ordinance No. 155, 2005, Amending Chapter 26 of
the City Code Requiring the Provision of Accurate Ownership Information
in Connection With the Provision of Utility Services; and
4. If Council does not wish to implement a rental registration program or utilize the Utilities
database for Code enforcement purposes:
Adopt only Ordinance No. 124, 2005, Option A
• Include Option A-1, occupancy statement, if desired.
ATTACHMENTS
1. Illustrations of spacing requirements for boarding houses in the LMN zone district.
ATTACHMENT
SPACING REQUIRMENTS FOR BOARDING HOUSES
Sample Block in the LMN Zone District
10% of Block Face
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Potential Boarding House Block Face
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SPACING REQUIRMENTS FOR BOARDING HOUSES
Sample Block in the LMN Zone District
33% of Block Face
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Potential Boarding Houses
Block Length: 900 feet
Total Number of Parcels: 16
Total Number of Boarding Houses Allowed: 5
ORDINANCE NO , 1235 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 "LUC ") ; and
WHEREAS , at the time of the adoption of the LUC, it was the understanding of staff and
Council that the LUC 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 LUC remains a
dynamic document capable of responding to issues identified by staff, other land use professionals
and citizens of the City; and
WHEREAS , the LUC presently limits the occupancy of all dwelling units in the city to a
" family" as that term is defined in the LUC : and
WHEREAS , the current occupancy regulation contained in the LUC consists of a series of
defined terms, such as "family, " "dwelling, " " dwelling unit, " etc. , so that the regulation is difficult
for residents of the City to find and fully understand; and
WHEREAS , the current occupancy regulation is also difficult to enforce, not only because
violations of the regulation must be proved beyond a reasonable doubt, but also because there are no
guidelines in the LUC for the finder of fact to use in deciding whether certain persons actually
" occupy" a dwelling unit as opposed to simply frequenting the unit on a regular basis ; and
WHEREAS , the City's inability to effectively enforce the current occupancy regulation has
resulted in the overcrowding of dwelling units in the City by non-family members, leading to an
increase in neighborhood disturbances , more vehicles in neighborhoods than can be reasonably and
safely accommodated, a deterioration in the upkeep and appearance of residential properties, and the
wholesale conversion of owner occupied housing to rental housing, all of which jeopardize the
serenity, character and quality of life in such neighborhoods, making the housing therein less
desirable for owner occupancy; and
WHEREAS , a property owner's ability to rent a single-family house to multiple tenants
without regard to the City's occupancy regulations has enabled such property owners to command
higher rents and has increased the cost of such housing to a level that may not be affordable for
moderate income families seeking to purchase single-family homes for owner occupancy; and
WHEREAS, the occupancy regulation can be made more readily enforceable by converting it
to a civil infraction and by adding certain indicia of occupancy to be considered by the finder of fact;
and
1
WHEREAS , the more stringent enforcement of a revised occupancy regulation will likely
increase the need for affordable rental housing in the City, which need can be appropriately
addressed by the increased use of boarding and rooming houses, as defined in, and regulated by, the
LUC and the City's Rental Housing Standards ; and
WHEREAS , the City Council has commissioned a study of the effects of maintaining and
more stringently enforcing the City's occupancy limits, entitled "Economic and Market Study:
Impact Analysis of `Three Unrelated Persons ' Ordinance Enforcement in the City of Fort Collins "
and dated January 2005 , and has carefully considered the findings and conclusions contained
therein; and
WHEREAS , the City Council believes it to be in the best interests of the citizens of the City
to amend the LUC so as to : ( 1 ) establish a new occupancy regulation that is understandable, fair,
and enforceable ; and (2) revise the standards for approving boarding houses in the City so that
boarding houses can better accommodate a reasonable number of tenants in those areas of the City
that are suitable for higher densities ; and
WHEREAS, City staff and the Planning and Zoning Board have recommended a series of
amendments to the LUC to accomplish these objectives, and the City Council believes that those
amendments will directly advance the interests and objectives described above ; and
WHEREAS , the City Council has determined that the Land Use Code amendments which
have been proposed are in the best interests 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 or civil proceedings ; and
(5 ) injunction or abatement proceedings.
2
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; Penalties.
(A) Except as otherwise specified in this Land Use Code, 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 be guilty of a misdemeanor and upon conviction shall be subject to the
penalties provided in Section 1 - 15 of the City Code . Each day that such a
violation occurs 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.
(B) An owner, property manager, or occupant commits a civil infraction by
violating any provision of Section 3 . 8 . 16. Each day during which the
limitation on the number of occupants is exceeded shall constitute a separate
violation. A finding that such civil infraction has occurred shall subject the
offender(s) to any or all of the following actions :
( 1 ) the imposition of a civil penalty of not less than five hundred dollars
($ 500) and not more than one thousand dollars ($ 1000) for each
violation;
(2) an order to comply with any conditions reasonably calculated to
ensure compliance with the provisions of Section 3 . 8 . 16 or with the
terms and conditions of any permit or certificate granted by the city;
(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 .2 .2(K)( 1 ) of the Land Use Code is hereby amended to read as
follows :
(e) Boafding Houses, Fraternity and Sorority Houses : For each
bear-ding and r-eeming house or- fraternity or sorority house,
there shall be two (2) parking spaces per three (3) bedrooms
plus one ( 1 ) parking space per two (2) employees .
3
(j ) Boarding and Rooming Houses : For each boarding and
rooming house, there shall be . 75 (3/4) parking space per
boarder, rounded up to the nearest whole parking space, plus
one ( 1 ) additional parking space if the boarding house is
owner occupied. One ( 1 ) such parking space may be
nonconforming if approved by the Director, unless the lot
abuts an alley or has at least sixty-five (65) feet of street
frontage length.
Section 4 . 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.
Section 5 . 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 Persons Allowed
(A) Except as provided in subsection (B) below, or pursuant to a certificate of
occupancy issued by the city to the owner of the property, the maximum
occupancy allowed per dwelling unit in a single-family, two-family, or multi-
family dwelling shall be :
4
1 . one ( 1 ) family as defined in Section 5 . 1 . 2 and not more than one ( 1 )
additional person; or
2 . two (2) adults and their dependents, if any, and not more than one ( 1 )
additional person.
(B) Exceptions. The following shall be exempt from the maximum occupancy
limit established in subsection (A) of this section:
1 . dwellings regularly inspected or licensed by the state or federal
government, including but not limited to group homes ; and
2 , dwellings owned or operated by a non-profit organization
incorporated under the laws of this state for the purpose of providing
housing to victims of domestic violence as such is defined in C .R. S .
18 -6-800 . 3 .
(C) A violation of this section shall be proven by a preponderance of the
evidence. A person shall be liable for allowing occupancy in excess of this
section if he or she knew, or through reasonable diligence should have
known, that a violation of this section was occurring.
(D) Definitions. The following words, terms and phrases, when used in this
section shall have the meanings ascribed to them below:
( 1 ) "Adult" shall mean any person eighteen ( 18) years of age or older
who is not a dependent.
(2) "Dependent" shall mean a person related to an adult occupying a
dwelling unit by blood, marriage, adoption, guardianship or other
duly authorized custodial relationship who receives financial support
from said adult and who resides with said adult in the dwelling unit at
least three (3 ) calendar months in a calendar year.
(3 ) " 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 an laddress for any purpose, living in a dwelling
unit under an implied lease or express agreement, overnight use of a
dwelling unit for thirty (30) days in a calendar year, or maintaining
clothes or other daily living supplies at a dwelling unit.
(E) Increasing the occupancy limit.
5
( 1 ) With respect to single-family and two-family dwellings, the number
of persons allowed under this Section 3 . 9 . 16 may be increased by the
issuance of a certificate of occupancy for use as a boarding or
rooming house in zones allowing such use.
(2) With respect to multiple-family dwellings, the decision maker
(depending on the type of review, Type 1 or Type 2) may, upon
receipt of a written request from 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 . 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.
Section 6 . That the Land Use Code is hereby further amended by the addition of a new
Section 3 . 8 .28 which shall read in its entirety as follows :
3 .8.28 Boarding and Rooming House Regulations
(A) Boarding and rooming houses shall conform to the occupancy limits and
separation requirements specified in the following table :
Minimum sepaFation requirements
N��\S1�ON /1NI othei: Hoar- ing as
Maximum number of C. Maximum
permissible residents, percentage of parcels per blockface that
Zone excluding occupant family. may be used for boarding houses .
One ( 1 ) boarder per three 3NNo more than U percent
L-M-N hundred fifty (350) square feet of parcels on a block face may be
of habitable floor are space, in approved for boarding house use .
addition to a minimum of four
hundred (400) square feet of
habitable floor are space if
owner occupied.
One ( 1 ) boarder per three 9No limit.
M-M-N, H-M-N, hundred fifty (350) square feet
N-C-B of habitable floor space, in
6
addition to a minimum of four
hundred (400) square feet of
habitable floor are- space if
owner occupied.
One ( 1 ) boarder per three 9No limit.
D, R-D-R, C-C, hundred fifty (350) square feet
C-C-N, C-C-R, C, of habitable floor are space, in
C-N, N-C, C-L, E, addition to a minimum of four
I hundred (400) square feet of
habitable floor are- space if
owner occupied.
b.A.a.rdi `e houses not all wv4ea n/a PW-aBoarding houses not allowed.
R-L, N-C-L, R-F,
U-E, N-C-M, H-
C, P-O-L, R-C
(B) A boat ing and YAAming house may be. loeated without eonsidefatio to thv
mvmiim separ-atioln vo Alivom o�� on4Ablinho d in
c+i bpar-An•r-ap ( A ) AT this
and rooming houses within the area of said mi i . ation requireme
MS1 A substantial
1Y1.{. nti A7Z.TrZII.Trufa Y man made
((� ll yiYic l Afr- .e .� inV l A Ibut no .
l , m , te'd to,
AN after- AI street,
A PtA�W AY fodorA � N1 tNSS1ASI YAI IYA;; d tY;; P-k r-iVe
,
shall be- allowed
llo e only
if the decision maker dete-vmines that the barfioY an
r-es 1 l ti g TYAm AN a e ea,
sP 1ST0 e,AR e,ONAY�Ati AN AT NA ar-dif A an YA efning o s e s
i
.In all zone districts allowing boarding houses except L-
M-N, an application for boarding house use for five (5) or fewer boarders
shall be subject to basic development review.
(C) In all zone districts allowing boarding houses except L-M-N, an application
for boarding house use for more than five (5) boarders shall be subject to
Type 1 administrative review.
(D) In the L-M-N zone district, an application for boarding house use for four (4)
or fewer boarders shall be subject to basic developmental review.
(E) In the L-M-N zone district, an application for boarding house use for more
than four (4) boarders shall be subject to Type 1 administrative review.
Section 7 . That the definition of "Family" contained in Section 5 . 1 .2 . of the Land Use
Code is hereby amended to read as follows :
7
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, and who live together as a single housekeeping unit and share common
living, sleeping, cooking and eating facilities:.
Section 8 . That Section 5 . 1 .2 of the Land Use Code is hereby amended by the addition of
a new definition of " Owner" which shall read in its entirety as follows :
Owner shall mean any person whose name appears on the tax bill for the property or
who, alone or jointly or severally with others, has legal title to any dwelling or
dwelling unit, with or without actual possession thereof, or 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 holds only a security interest or easement on the real property upon which the
dwelling or dwelling unit is situated.
Section 9 . That Section 5 . 1 .2 of the Land Use Code is hereby amended by the addition of
a new definition of "Property manager" which shall read 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 City 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 Section 4 .4(B)( 1 ) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows :
(e) Residential Uses :
1 . Boarding and rooming houses with four (4) or fewer
boarders .
Section 11 . That Section 4 .4(B)(2)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph 7 which reads in its entirety as follows :
(a) Residential Uses :
7 . Boarding and rooming houses with more than four (4)
boarders .
8
Section 12 . That Section 4.4(B)(3 )(a)3 of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses :
2 . Boaf inn and
n fooming houses
7
Section 13 . That Section 4. 5 (B)( 1 )of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows :
(e) Residential Uses :
1 . Boarding and rooming houses with five (5 ) or fewer
boarders .
Section 14 . That Section 4 . 5 (B)(2)(a)7 of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses :
7 . Boarding and rooming houses with more than five (5 )
boarders .
Section 15 . That Section 4 . 8 (B)( 1 )(a)4 of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses :
4. Boarding and rooming houses with five (5) or fewer
boarders .
Section 16 . That Section 4. 8(B)(2)(a) is hereby amended by the addition of a new
subparagraph 7 which reads in its entirety as follows :
(a) Residential :
7 . Boarding and rooming houses with more than five (5 )
boarders .
Section 17 . That Section 4 . 12(B)(2) of the Land Use Code is hereby amended to read as
follows :
9
(B) Permitted Uses.
(2) The following uses are permitted in the subdistricts of the
Downtown District, subject to Building Pe Basic Development
Review (BP), administrative (Type 1 ) Review or Planning and
Zoning Board (Type 2) Review as specifically identified on the
chart below:
Land Use Old City Canyon Avenue Civic
Center Center
A. RESIDENTIAL
Boarding and rooming houses with more Type 2 1 Type 2 1 Type 2 1
than five (5) boarders
Boarding and rooming houses with five BP BP BP
(5 ) or fewer boarders
Section 18 . That Section 4 . 13 (B)( 1 ) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows :
(e) Residential Uses :
1 . Boarding and rooming houses with five (5) or fewer
boarders .
Section 19 . That Section 4 . 13 (B)(2)(a) of the Land Use Code is hereby amended by
the addition of a new subparagraph 7 which reads in its entirety as follows :
(a) Residential Uses :
10
7 . Boarding and rooming houses with five (5) or fewer
boarders .
Section 20 . That Section 4 . 13 (B)(3 )(a) of the Land Use Code is hereby amended to
read as follows :
(a) Residential Uses :
1 . Group homes other than those in 2(a) above .
2 , Boar-ding and Fooming houses .
Section 21 . That Section 4. 14(B)( 1 ) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows :
(e) Residential Uses :
1 . Boarding and rooming houses with five (5)
or fewer boarders .
Section 22 . That Section 4. 14(B)(2)(a)5 of the Land Use Code is hereby amended to
read as follows :
(a) Residential Uses :
5 . Boarding and rooming houses with more
than five (5) boarders .
Section 23 . That Section 4. 15 (B)( 1 ) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows :
(e) Residential Uses :
1 . Boarding and rooming houses with five (5)
or fewer boarders .
Section 24 . That Section 4 . 15 (B)(2)(a)6 of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses :
11
6 . Boarding and rooming houses with more than
five (5) boarders .
Section 25 . That Section 4 . 16(B)( 1 ) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows :
(e) Residential Uses :
1 . Boarding and rooming houses with five (5) or
fewer boarders .
Section 26 . That Section 4 . 16(B)(2)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph 6 which reads in its entirety as follows :
(a) Residential Uses :
6 . Boarding and rooming houses with
more than five (5) boarders .
Section 27 . That Section 4 . 16(B)(3 )(a) of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses :
21 . Single-family detached houses located
on lots containing no more than six-
thousand (6,000) square feet.
-32 . Fraternity and sorority houses .
Section 28 . That Section 4 . 17(B)( 1 ) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows :
(e) Residential Uses :
1 . Boarding and rooming houses with
five (5) or fewer boarders .
Section 29 . That Section 4 . 17(2)(a)5 of the Land Use Code is hereby amended to read as
follows;
(a) Residential Uses :
12
5 . Boarding and rooming houses with
more than five (5) boarders .
Section 30 . That Section 4 . 18(B)( 1 ) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows :
(e) Residential Uses :
1 . Boarding and rooming houses with
five (5) or fewer boarders . *
Section 31 . That Section 4 . 18(B)(2)(a)6 of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses :
6 . Boarding and rooming houses with
more than five (5 ) boarders . *
*Not allowed within two hundred (200) feet of North College Avenue .
Section 32 . That Section 4 . 19(B)( 1 ) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows :
(e) Residential Uses :
1 . Boarding and rooming houses with
five (5) or fewer boarders .
Section 33 . That Section 4 . 19(B)(2)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph 5 . which reads in its entirety as follows :
(a) Residential Uses :
5 . Boarding and rooming houses with
more than five (5) boarders .
Section 34 . That Section 4. 19(B)(3 )(a) of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses :
13
1 . Multi-family dwellings .
2 , Boar-ding and rooming houses .
Section 35 . That Section 4 .20(B)( 1 )(a)5 of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses :
5 . Boarding and rooming houses with
five (5) or fewer boarders .
Section 36 . That Section 4 . 20(B)(2)(a) of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses :
1 . Mixed-use dwelling units .
2 . Boarding and rooming houses with
more than five (5) boarders .
Section 37 . That Section 4 .22(B)( 1 ) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows :
(e) Residential Uses :
1 . Boarding and rooming houses with
five (5) or fewer boarders .
Section 38 . That Section 4. 22(B)(2)(a) of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses :
1 . Mixed- use dwelling units .
2 . Boarding and rooming houses with
more than five (5) boarders .
Section 39 . That Section 4 . 22(B)(3 )(a) of the Land Use Code is hereby amended to read
as follows :
14
(a) Residential Uses :
7 Boafd ng and
n fooming houses
Section 40 . That Section 4 .23 (B)( 1 ) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows :
(e) Residential Uses :
1 . Boarding and rooming houses with
five (5) or fewer boarders .
Section 41 . That Section 4 . 23 (B)(2)(a) of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses :
1 . Mixed-use dwelling units constructed
above nonresidential uses, provided
that the aggregate floor area of all
mixed-use dwelling units does not
exceed the aggregate floor area of all
nonresidential uses in the building.
2 . Boarding and rooming houses with
more than five (5) boarders .
Section 42 . That Section 4 . 23 (B)(3 )(a) of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses .
i . Boar-ding and rooming houses .
Section 43 . That Section 4 .24(B)( 1 ) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows :
(e) Residential Uses :
1 . Boarding and rooming houses with
five (5) or fewer boarders .
15
Section 44 . That Section 4 .24(B)(2)(a)4 of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses :
4. Boarding and rooming houses with
more than five (5) boarders .
Section 45 . That Section 5 . 1 .2 of the Land Use Code is hereby amended by the addition of
a new definition "Habitable floor space" which reads in its entirety as follows :
Habitable floor space shall mean the space in a building approved for living, sleeping,
eating, cooking, bathing, and personal hygiene. Crawl spaces, storage, laundry rooms, utility spaces
and similar areas are not considered habitable spaces .
Section 46 . That Section 3 . 8 . 16 of the Land Use Code will go into effect January 1 , 2007,
and all other provisions of this Ordinance will go into effect ten ( 10) days after second reading of
this Ordinance .
Introduced and considered favorably on first reading and ordered published in summary form
this 18th day of October, A.D. 2005 , and to be presented for final passage on the 15th day of
November, A.D . , 2005 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 15th day of November, A.D . 2005 .
Mayor
ATTEST :
City Clerk
16
OPTION B - RENTAL HOUSING CODE
WITH REGISTRATION
ORDINANCE NO, 124, 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, residential rental housing in the City can be subject to overcrowding and
structural deterioration and neglect, which conditions can lead to a decline in neighborhood quality
of life, neighborhood appearance and the value of real property in the City; and
WHEREAS , such residential rental housing can, without proper attention by landlords,
property managers and tenants, also become unsafe, a public nuisance and/or unfit for human
habitation; and
WHEREAS , the Rental Housing Standards contained in Chapter 5 , Article IV, Division 2
of the City Code set forth minimum standards of habitability for rental properties ; and
WHEREAS , the City Council desires to update those minimum standards to reflect more
current requirements ; and
WHEREAS , changes to the Rental Housing Standards are also necessary to eliminate the
current exemption of owner-occupied rentals from the requirements of the Code; and
WHEREAS , additional provisions should be added to the Rental Housing Standards
regarding the issuance and revocation of certificates of occupancy for boarding and rooming houses
so as to facilitate the provision of additional dwelling units in the City that can safely, lawfully and
appropriately accommodate occupancies in rentals higher than the limits set forth in the Land Use
Code ; and
WHEREAS , requiring truth in advertisingdisclosure regarding the maximum occupancy
limit of any single-family and two-family dwelling units and requiring the posting of any certificates
of occupancy for boarding houses that allow occupancy in excess of the occupancy limits set forth
in the Land Use Code will provide notice to renters and potential investors of the occupancy limits
for each dwelling unit; and
WHEREAS , requiring open books and records of rental properties, including lease
information, is necessary for the effective investigation and enforcement of the City's occupancy
regulations as well as its Rental Housing Standards; and
WHEREAS , a civil penalty of $-5 Wup to $ 1000 will serve as a sufficient deterrent and
consequence in enforcing applicable occupancy limits in rentals ; and
WHEREAS , Council believes that both-property owners, managers and t-enantsoccupants
should all be responsible for ensuring that occupancy of a rental unit is within lawful limits; and
WHEREAS , multi-family rental units which have been constructed for the purpose of rental
housing 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 and two-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 that a provision requiring the registration of rental
properties to be added to the City Code which would establish procedures for identifying rental units
within the City that are contained in single- and two-family dwellings, 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 , such a 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 contained in single- and two-family dwellings 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; and
2
WHEREAS , Council desires to make the foregoing amendments in the interest of the
health, safety and welfare of tenants, the City' s neighborhoods and the public .
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 :
Building Official shall mean the the duly appointed Director of the Department
of Neighborhood and Building Services or authorized representative .
City Building Code(s) shall mean the applicable building and construction-trades
technical code(s) currently in effect as enacted by the city, including the City Electric
Code, City Fuel-gas Code, City General Building Code, City Mechanical Code, City
Plumbing Code and the City Residential Building Code.
City Electric Code shall mean the applicable technical code currently in effect
as enacted by the State, regulating the installation of electric wiring methods, repairs,
fixtures, and related equipment.
City Fuel-gas Code shall mean the applicable technical code currently in effect
as enacted by the city, regulating the installation, repair, replacement of fuel-gas
heating appliances and related 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 .
City Mechanical Code shall mean 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 Plumbing Code shall mean the applicable technical code currently in effect
as enacted by the State, regulating the installation, repair, design, replacement of
potable water piping, building waste drainage and venting systems .
3
City Residential Building Code shall mean the applicable technical construction
code currently in effect as enacted by the city, regulating the complete construction,
repair, alteration, location of all buildings classified as Group R-3 detached single-
and two-family residences, attached townhouses and related accessory buildings .
Nuisance shall meanany conduct or condition in or upon rental housing that is
declared to be a public nuisance under any provision of the Code, or any of the
following :
( 1 ) any attractive nuisance which may prove detrimental to children, whether
in a building, on the premises of a building or on an unoccupied lot,
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 ;
(2) whatever is dangerous to human life or is detrimental to the public health
as determined by the Health Officer;
(3 ) insufficient ventilation or illumination;
(4) inadequate or unsanitary sewage or plumbing facilities ;
(5 ) uncleanliness, as determined by the Health Officer;
(6) whatever renders air, food or drink unwholesome or detrimental to the
health of human beings, as determined by the Health Officer.
(7) a structure or related equipment found by the Building Official to be
unsafe, or a structure found unfit for human occupancy, or found
unlawful, such that it is deemed to be dangerous 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 is a hazard to life, health,
property or safety of the public or occupants of the premises or structure.
4
(9) a structure unfit for human occupancy whenever the Building Official
finds that such structure is unsafe, unlawful or, because of the degree to
which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rat infested, contains filth and contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other essential
equipment required by this Article, or because the location of the
structure constitutes a hazard to the occupants of the structure or to the
public .
( 10) rental housing that is found in whole or in part to be erected, altered or
occupied contrary to law.
Owner shall mean any person whose name appears on the tax bill for the property
or who, alone or jointly or severally with others, has legal title to any dwelling or
dwelling unit, with or without actual possession thereof, or has charge, care or
control of any dwelling or dwelling unit as owner, executor, executrix, administrator,
trustee, guardian of the estate of the owner, mortagee or assignee of rents . Owner
shall not include any person, group of persons, company, association or corporation
who holds only a security interest or easement on the real property upon which the
dwelling or dwelling unit is situated.
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 § 2 -536
of e eodebelow 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.
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 for compensation (including money or services or the sharing of expenses)and
that is located in a boarding house or a single-family or multi-family dwelling.
Rental housing shall mean any building or mobile home or portion thereof,
including the lot, tract or parcel of land on which the same is located, containing any
dwelling unit or guest room which is leased, rented or sublet to a family or
person(s) for compensation (including money or services and includes the sharing
of expenses) .
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.
5
This Article is necessary to protect the public 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 by regulating and controlling the use and occupancy,
location and maintenance of all rental 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.
The provisions of this Article shall apply to all rental housing. All rental housing
shall also conform to the applicable city Land Use Code and city Building Codes
currently in effect, except as follows :
( 1 ) legal uses that were permitted at the time of their creation or that became
legal non-conforming uses as a result of subsequent changes to the Land
Use Code; and
(2) rental housing that was legally constructed under the building
construction codes enacted by the city at the time of their construction
and 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 . 5-240. 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 :
Sec. 5-256. Enforcement authority; rules and procedures.
The Building Official is hereby authorized and directed to enforce all of the
provisions of this Article. For such purposes, the Building Official shall have the
authority to adopt and promulgate administrative rules and procedures consistent
6
with the provisions of this Article; to interpret and implement the provisions of this
Article ; to secure the intent thereof; to enforce all provisions of this article pursuant
to the authority granted by the Chief of Police under § 2-504(b)(2) and to designate
requirements applicable because of local climatic or other conditions . Such rules
shall not have the effect of waiving structural or fire performance requirements
specifically provided for in this Article, or of violating accepted engineering methods
involving public safety.
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 any other section of the Code or Land Use Code or whenever the
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 Building Official may enter such building or
premises at all reasonable times to inspect it or to perform any duty imposed upon
the Building Official by this Article. If such building or premises is occupied, the
Building Official shall first present proper credentials and request entry. If such
building or premises is unoccupied, the 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 Building Official
shall have recourse to every remedy provided by law to secure entry.
(b) When the Building Official shall have first obtained an 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 Building Official for the purpose of inspection and examination
pursuant to this Article. Any such failure to permit entry upon request pursuant to
a valid inspection warrant shall be a misdemeanor punishable by the provisions set
forth in § 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 or property manager
the duty of furnishing required equipment or of complying with this Article. Nothing
7
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 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 9 . That Section 5 -259 of the Code of the City of Fort Collins is hereby amended to
read as follows :
Except as otherwise provided for civil infractions in § 19-36, et seq. , and In-in
order to provide for final interpretation of the provisions of this Article and to hear
appeals provided for hereunder, the Building Review Board as established in §2- 117
shall serve in such capacity within the procedures outlined therein.
Section 10 . 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 and 5 -268 which shall read in their entirety as
follows :
Sec. 5-263. Certificate required for occupancy of dwelling units contained in
single-family or two-family dwellings in excess of limit;
conditions, revocation or suspension.
(a) No dwelling unit contained in a single-family or two-family dwelling shall
be occupied by more persons than the number of persons permitted under Section
3 . 8 . 16 of the Land Use Code unless a certificate of occupancy for a boarding house
has been issued for such dwelling by the Building Official .
(b) Terms and conditions imposed upon a certificate of occupancy as a boarding
house may include, but are not limited to, compliance with all state laws, city
ordinances , rules and regulations, and court or administrative orders .
(c) In determining whether to revoke or suspend a previously issued certificate
of occupancy, the Building Official may consider any history or pattern of Code
violations related to the use of the property, or any failure on the part of the applicant
or the applicant's property manager or tenants to abate or correct violations at the
property as ordered by any enforcement official, referee, or judge .
Sec. 5-264. Posting ; inspection of books and records ; truth in
advertisingdisclosure.
8
(a) Any certificate of occupancy for a boarding or rooming house specifying the
number of allowable tenants must be posted on the back of the front door of the
dwelling.
(b) Whenever reasonable cause exists to believe that a violation of the Code or
Land Use Code has occurred at any rental dwelling unit, the owner and property
manager of said unit shall, upon request, make available to the city all lease, rental
payment and tenant information pertaining to the unit.
(c) >
rental of a -ffitiffly ot two- ffitnily dwelling unit or boatding hoinse,
the
nnissible occupancy of such unit under Section 3 . 8 . 16 of the hand Use
Ead.Any person selling or leasing a rental dwelling unit shall, upon execution of
any deed, contract for purchase and sale, or lease pertaining to such unit, provide the
purchaser, lessee or sublessee of such unit with a written disclosure statement
specifying the maximum permissible occupancy of such unit under Section 3 . 8 . 16
of the Land Use Code .
OPTION BmI
In addition, every owner, owner's agent, lessor, sublessor or property manager of a
rental dwelling unit shall include in any advertisement, sign, lease or contract for sale
pertaining to said unit the following language : " occupancy limited by law. "
Sec. 5-265. Violation , minimum penalties.
An owner, property manager, or occupant commits a civil infraction by violating
any provision of Sections 5 -263 through 5=2652-268 . A finding that such civil
infraction exists shall subject the offender(s) to any or all of the following actions :
( 1 ) the imposition of a civil penalty of not less than five hundred dollars
ore than one thousand dollars ($ 1000 . ) for each
violation, with each day during which the violation occurs constituting
a separate violation;
(2) an order to comply with any conditions reasonably calculated to ensure
compliance with the provisions of this title or any approval or certificate
granted under this title ;
(3 ) injunction or abatement proceedings ;
(4) revocation or suspension of any permit or certificate issued by the city
with respect to the dwelling.
9
Sec. 5-266. Rental registration required.
(a) Any person who offers to rent, rents, or continues to rent a rental dwelling
unit in a single-family or two-family dwelling shall comply with the provisions of
this section. A database of rental dwelling units containing the information required
in this section shall be maintained by the Building Official .
(b) The owners or property managers of all rental dwelling units contained in
single-family or two-family dwellings, including boarding houses, shall provide to
the Building Official, for each rental dwelling unit owned by them:
( 1 ) the street address of the rental dwelling unit and the name, mailing
address and phone number of all owners and property managers of the
unit; and
(2) if none of the owners or property managers of a rental dwelling unit is a
natural person, then the name, address and contact information for a
natural person who may be contacted with regard to any potential
violations of the Code or Land Use Code at the unit, and the name and
address of the registered agent for service of process for the owner(s) .
(c) If there is any change in the mailing address or phone number of an owner,
property manager or registered agent, or any change in the number of units offered
for rent, the owner or property manager shall so inform the Building Official in
writing within thirty (30) days of such change.
(d) All information provided to the Building Official pursuant to this Section
shall be updated annually or upon any change in ownership of the unit, whichever
first occurs, on forms provided by the city.
OR
OPTION B-2
(d) All information provided to the Building Official pursuant to this Section
shall be updated mninally %Jrupon any change in ownership of the unit, whichever
first occurs, on forms provided by the city.
(e) A fee shall be assessed by the City Manager, pursuant to Section 7 . 5 , to
defray the costs incurred by the city in administering the provisions of this Section.
(f) If the Building Official has reason to believe that an owner or property
manager has failed to provide or update the information required by this Section, he
or she shall mail a written notice to the owner or property manager, setting a seven
10
(7) day deadline to provide such information. It shall be a violation of this Article for
the owner or property manager to fail to provide the required information before such
deadline expires . Any failure to provide or update registration information after the
seven (7) day deadline shall constitute a civil infraction.
(g) The 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 transferred, if at all, within ninety (90)
days of the execution of the conditional sales agreement.
Sec. 5-267. Effect of Registration.
The inclusion of a rental dwelling unit in the City's database as required by § 5 -
266 shall not change the legal status of a rental dwelling, including, but not limited
to :
( 1 ) legalizing an illegally created dwelling unit, use, or other circumstance,
nor
(2) recognizing a nonconforming use, structure, or other nonconformity.
Sec . 5-268. Responsibilities of owner.
An owner of a premises shall remain liable for violations of this Article even
though an occupant or manager of those premises may be 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.
Section 11 . That Sections 5 -264(c) 5 -266 shall take effect on January 1 , 2007 ,
shall take effect ten ( f 0) days after second reading of this Ordinance and the remaining provisions
of this Ordinance will take effect immary t , 2 en days after second reading of this Ordinance.
Introduced and considered favorably on first reading and ordered published in summary form
this 18th day of October, A.D. 2005 , and to be presented for final passage on the 15th day of
November, A.D . 2005 .
11
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 15th day of November, A.D . 2005 .
Mayor
ATTEST :
City Clerk
12
OPTION A- RENTAL HOUSING CODE
WITHOUT REGISTRATION
ORDINANCE NO . 124, 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 , residential rental housing in the City can be subject to overcrowding and
structural deterioration and neglect, which conditions can lead to a decline in neighborhood quality
of life, neighborhood appearance and the value of real property in the City; and
WHEREAS , such residential rental housing can, without proper attention by landlords,
property managers and tenants, also become unsafe, a public nuisance and/or unfit for human
habitation; and
WHEREAS , the Rental Housing Standards contained in Chapter 5 , Article IV, Division 2
of the City Code set forth minimum standards of habitability for rental properties ; and
WHEREAS , the City Council desires to update those minimum standards to reflect more
current requirements ; and
WHEREAS , changes to the Rental Housing Standards are also necessary to eliminate the
current exemption of owner-occupied rentals from the requirements of the Code; and
WHEREAS , additional provisions should be added to the Rental Housing Standards
regarding the issuance and revocation of certificates of occupancy for boarding and rooming houses
so as to facilitate the provision of additional dwelling units in the City that can safely, lawfully and
appropriately accommodate occupancies in rentals higher than the limits set forth in the Land Use
Code ; and
WHEREAS , requiring truth in advertisingdisclosure regarding the maximum occupancy
limit of any single-family and two-family dwelling units and requiring the posting of any certificates
of occupancy for boarding houses that allow occupancy in excess of the occupancy limits set forth
in the Land Use Code will provide notice to renters and potential investors of the occupancy limits
for each dwelling unit; and
WHEREAS , requiring open books and records of rental properties, including lease
information, is necessary for the effective investigation and enforcement of the City's occupancy
regulations as well as its Rental Housing Standards; and
WHEREAS , a civil penalty of i5Wup to $ 1000 will serve as a sufficient deterrent and
consequence in enforcing applicable occupancy limits in rentals ; and
WHEREAS , Council believes that both-property owners, managers and tenantsoccupants
should all be responsible for ensuring that occupancy of a rental unit is within lawful limits; and
WHEREAS , Council desires to make the foregoing amendments to the City Code in the
interest of the health, safety and welfare of tenants, the City' s neighborhoods and the public .
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 of the City Code
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 :
Building Official shall mean the the duly appointed Director of the Department
of Neighborhood and Building Services or authorized representative .
City Building Code(s) shall mean the applicable building and construction-trades
technical code(s) currently in effect as enacted by the city, including the City Electric
Code, City Fuel-gas Code, City General Building Code, City Mechanical Code, City
Plumbing Code and the City Residential Building Code.
City Electric Code shall mean the applicable technical code currently in effect
as enacted by the State, regulating the installation of electric wiring methods, repairs,
fixtures, and related equipment.
City Fuel-gas Code shall mean the applicable technical code currently in effect
as enacted by the city, regulating the installation, repair, replacement of fuel-gas
heating appliances and related 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 .
City Mechanical Code shall mean 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 .
2
City Plumbing Code shall mean the applicable technical code currently in effect
as enacted by the State, regulating the installation, repair, design, replacement of
potable water piping, building waste drainage and venting systems .
City Residential Building Code shall mean the applicable technical construction
code currently in effect as enacted by the city, regulating the complete construction,
repair, alteration, location of all buildings classified as Group R-3 detached single-
and two-family residences, attached townhouses and related accessory buildings .
Nuisance shall mean any conduct or condition in or upon rental housing that is
declared to be a public nuisance under any provision of the Code, or any of the
following :
( 1 ) any attractive nuisance which may prove detrimental to children, whether
in a building, on the premises of a building or on an unoccupied lot,
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 ;
(2) whatever is dangerous to human life or is detrimental to the public health
as determined by the Health Officer;
(3 ) insufficient ventilation or illumination;
(4) inadequate or unsanitary sewage or plumbing facilities ;
(5 ) uncleanliness, as determined by the Health Officer;
(6) whatever renders air, food or drink unwholesome or detrimental to the
health of human beings, as determined by the Health Officer.
(7) a structure or related equipment found by the Building Official to be
unsafe, or a structure found unfit for human occupancy, or found
unlawful, such that it is deemed to be dangerous 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
3
disrepair or condition that such equipment is a hazard to life, health,
property or safety of the public 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, because of the degree to
which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rat infested, contains filth and contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other essential
equipment required by this Article, or because the location of the
structure constitutes a hazard to the occupants of the structure or to the
public .
( 10) rental housing that is found in whole or in part to be erected, altered or
occupied contrary to law.
Owner shall mean any person whose name appears on the tax bill for the
property or who, alone or jointly or severally with others, has legal title to any
dwelling or dwelling unit, with or without actual possession thereof, or 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 holds only a security interest or easement on the real property
upon which the dwelling or dwelling unit is situated.
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 § 2 -536
the eodebelow 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.
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 for compensation (including money or services or the sharing of expenses)and
that is located in a boarding house or a single-family, two-family or multi-family
dwelling.
Rental housing shall mean any building or mobile home or portion thereof,
including the lot, tract or parcel of land on which the same is located, containing any
dwelling unit, or guest roomwhich is leased, rented or sublet to a family or person(s)
for compensation (including money or services and includes the sharing of
expenses) .
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.
4
This Article is necessary to protect the public 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 by regulating and controlling the use and occupancy,
location and maintenance of all rental 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.
The provisions of this Article shall apply to all rental housing. All rental
housing shall also conform to the applicable city Land Use Code and city Building
Codes currently in effect, except as follows :
( 1 ) legal uses that were permitted at the time of their creation or that became
legal non-conforming uses as a result of subsequent changes to the Land
Use Code; and
(2) rental housing that was legally constructed under the building
construction codes enacted by the city at the time of their construction
and 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 . 5-240. 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 :
Sec. 5-256. Enforcement authority; rules and procedures.
The Building Official is hereby authorized and directed to enforce all of the
provisions of this Article . For such purposes, the Building Official shall have the
authority to adopt and promulgate administrative rules and procedures consistent
with the provisions of this Article ; to interpret and implement the provisions of this
Article ; to secure the intent thereof; to enforce all provisions of this article pursuant
5
to the authority granted by the Chief of Police under § 2-504(b)(2) and to designate
requirements applicable because of local climatic or other conditions . Such rules
shall not have the effect of waiving structural or fire performance requirements
specifically provided for in this Article, or of violating accepted engineering methods
involving public safety.
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 any other section of the Code or Land Use Code or
whenever the 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 Building Official may
enter such building or premises at all reasonable times to inspect it or to perform any
duty imposed upon the Building Official by this Article. If such building or premises
is occupied, the Building Official shall first present proper credentials and request
entry. If such building or premises is unoccupied, the 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
Building Official shall have recourse to every remedy provided by law to secure
entry.
(b) When the Building Official shall have first obtained an 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 Building Official for the purpose of inspection and examination
pursuant to this Article. Any such failure to permit entry upon request pursuant to
a valid inspection warrant shall be a misdemeanor punishable by the provisions set
forth in § 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 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,
property managers and occupants for the purpose of leasing or renting non-owner-
6
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 9 . That Section 5 -259 of the Code of the City of Fort Collins is hereby amended to
read as follows :
Except as otherwise provided for civil infractions in § 19-36, et seq. , and In-in
order to provide for final interpretation of the provisions of this Article and to hear
appeals provided for hereunder, the Building Review Board as established in §2- 117
shall serve in such capacity within the procedures outlined therein.
Section 10 . That the Code of the City of Fort Collins is hereby amended by the addition
of new Sections 5 -263 , 5 -2641 5 -265 and 5 -266, which shall read in their entirety as follows :
Sec. 5-263. Certificate required for occupancy of dwelling units contained in
single-family or two-family dwellings in excess of limit,
conditions, revocation or suspension.
(a) No dwelling unit contained in a single-family or two-family dwelling
shall be occupied by more persons than the number of persons permitted under
Section 3 . 8 . 16 of the Land Use Code unless a certificate of occupancy for a boarding
house has been issued for such dwelling by the Building Official.
(b) Terms and conditions imposed upon a certificate of occupancy as a
boarding house may include, but are not limited to, compliance with all state laws,
city ordinances, rules and regulations, and court or administrative orders .
(c) In determining whether to revoke or suspend a previously issued
certificate of occupancy, the Building Official may consider any history or pattern
of Code violations related to the use of the property, or any failure on the part of the
applicant or the applicant's property manager or tenants to abate or correct violations
at the property as ordered by an enforcement official, referee, or judge.
Sec. 5-264. Posting ; inspection of books and records ; trath in
advertisiingdisclosure.
(a) Any certificate of occupancy for a boarding or rooming house specifying
the number of allowable tenants must be posted on the back of the front door of the
dwelling.
(b) Whenever reasonable cause exists to believe that a violation of the Code
or Land Use Code has occurred at any rental dwelling unit, the owner and property
7
manager of said unit shall, upon request, make available to the city all lease, rental
payment and tenant information pertaining to the unit.
(c) > lessee or property manager shall fail tuo clear!!
single-familye in any advertisement, sign, other form of written or oral representatio
regarding the rental of a - ,
Any person selling or leasing a rental dwelling unit shall, upon execution
of any deed, contract for purchase and sale, or lease pertaining to such unit, provide
the purchaser, lessee or sublessee of such unit with a written disclosure statement
specifying the maximum permissible occupancy of such unit under Section 3 . 8 . 16
of the Land Use Code.
OPTION A- 1
In addition, every owner, owner's agent, lessor, sublessor or property manager of a
rental dwelling unit shall include in any advertisement, sign, lease or contract for sale
pertaining to said unit the following language : " occupancy limited by law. "
Sec. 5-265. Violation; minimum penalties.
An owner, property manager, or occupant commits a civil infraction by violating
any provision of Section 5 -263 through 5 -2655 -264. A finding that such civil
infraction exists shall subject the offender(s) to any or all of the following actions :
( 1 ) the imposition of a civil penalty of not less than five hundred dollars
ore than one thousand dollars ($ 1000 .) for each
violation, with each day during which the violation occurs constituting
a separate violation;
(2) an order to comply with any conditions reasonably calculated to ensure
compliance with the provisions of this title or any approval or certificate
granted under this title ;
(3) injunction or abatement proceedings ;
(4) revocation or suspension of any permit or certificate issued by the City
with respect to the dwelling.
Sec. 5-266. 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.
8
Introduced and considered favorably on first reading and ordered published in summary form
this 18th day of October, A.D . 2005 , and to be presented for final passage on the 15th day of
November, A.D . 2005 ,
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 15th day of November, A.D . 2005 .
Mayor
ATTEST :
City Clerk
9
ORDINANCE NO, 125 , 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE 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 utilizing a referee to adjudicate civil infractions other than
parking infractions .
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 Municipal 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 Municipal Judge 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 Municipal 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 -37 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 19-37. Defendant' s right to hearing before Judge.
Prior to conducting a hearing, the referee shall inform the defendant that he/she
has the right to a trial before the Municipal Judge. If such request is made, the referee
shall terminate the hearing and refer the matter to the Municipal Court for trial .
Section 3 . That Section 19-39 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 19-38. Procedures for hearings before referee.
(a) The referee is authorized to adopt rules and procedures governing conduct
of hearings in accordance with the provisions of this Article . The presiding Judge
shall approve all such rules and procedures prior to their adoption by the referee.
(b) Hearings held before the referee shall be informal, but shall in all other
respects be conducted in the manner provided for the hearing of cases by the
Municipal Court. The referee may consider statements and evidence presented by the
parties at the time of the hearing. The referee is empowered to administer oaths, take
testimony and obtain the issuance of subpoenas through the Clerk of the Municipal
Court to compel the presence of prospective witnesses and the production of
documentary evidence and other tangible objects at any hearing. The defendant shall
also have the right to the issuance of a subpoena by making application to the Clerk
of the Municipal Court.
Section 4 . 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.
(a) 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 citation if the referee finds that the violation has
not been sustained by the evidence presented; or
(2) Making a finding of guilt or responsibility, based upon either a plea of
guilty entered or an admission of responsibility tendered, failure of the
defendant to appear for the hearing, or the evidence presented at the
hearing ; and assessing a penalty against the defendantwithin the schedule
of fines published by the Municipal Judge which was in effect at the time
of the violation; and entering any orders or assessing any costs and/or fees
that may be permitted pursuant to § 1 - 15 ; or
(3 ) Referring the case to the Municipal Court for hearing before the Municipal
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
2
referee hearing the case be called as a witness against the defendants .
(b) If a defendant fails to answer a citation or notice to appear before a referee,
a default judgment will enter in the amount of the civil penalty plus all costs,
expenses and damages. In the event a defendant fails to pay a civil fine, costs,
damages and expenses within thirty (30) days after the payment is due or fails to pay
a default judgment, the city may pursue any legal means for collection and, in
addition, may obtain a lien against the property that is the subject of the violation if
the Code violation is designated as a nuisance in Chapter 20, is a violation of the
Rental Housing Code 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 5 . That Section 19-40 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 1940. Record of proceedings and hearings .
A written record of all proceedings shall be maintained by the referee. The record
shall contain the name of the alleged violator, the date of the appearance before the
referee, the complaint number, the date, place and type of violation and any order of
the referee . All hearings and evidence presented at the hearing shall be recorded
verbatim, by either electronic devices or stenographic means .
Section 6 . That Section 19-41 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 1941 . Authorization to reduce or waive penalties.
(a) For parking violations, the referee may assess a penalty less than the
payable fine prescribed in the schedule of fines published by the Municipal 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) For all other civil infractions, the referee shall assess a penalty within the
range of fines established by ordinance or in the schedule of fines published by the
Municipal Judge , provided, however, that no portion of a minimum fine may+e
suspended. In addition, the referee may assess any higher penalty and impose any
other orders that may be authorized under Section 1 - 15 (f) .
3
Section 7 . That Section 19-42 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 1942. Appeal of decisions.
(a) Any defendant affected by an order or action of the referee, under the
authority of this Article, may appeal a referee's final order or action to the Municipal
Court by filing a written notice of appeal for such hearing with the Clerk of the
Municipal Court within ten ( 10) days after the entry of the order or action and
depositing with the Municipal Court a fee for preparing the record, or portions
thereof designated. Upon the filing of the notice of appeal, no stay of execution of
the referee's order or action shall be granted until the appellant has deposited with
the Municipal Court, a cash bond in the amount of any fines and costs imposed by
the referee.
(b) If for any reason an adequate record cannot be certified to the Municipal
Court, the case shall be tried de novo by the Municipal Judge. No action on appeal
shall result in an increased penalty.
(c) If a notice of appeal is not filed within ten ( 10) days of the order or action
or the order or action is not vacated by the Municipal Judge upon the motion of the
Municipal Judge within such period, the order or action of the referee shall be final .
(d) In no event shall the referee testify on appeal regarding any action
previously before the referee, except concerning actions in the nature of contempt,
including failure to appear.
(e) Appeals shall be in accordance with Rule 37 of the Colorado Rules of
Criminal Procedure .
Introduced and considered favorably on first reading and ordered published this 18th day of
October, A.D . 2005 , and to be presented for final passage on the 15th day of November, A.D . 2005 .
Mayor
ATTEST :
City Clerk
4
Passed and adopted on final reading this 15th day of November, A.D. 2005 .
Mayor
ATTEST :
City Clerk
5
ORDINANCE NO, 126, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE 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 , the General Penalties section of the City Code does not currently provide for
penalties for civil infractions ; and
WHEREAS , Council desires that certain Code section violations be considered civil
infractions ; and
WHEREAS , Council believes it is in the best interests of the citizens to adopt the
amendments below.
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 Code, 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 mannerprovided 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 of personnel, 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
civil infraction shall pay a civil fine of not more that one thousand dollars ($ 1 ,000 .)
plus costs, damages and expenses as follows :
( 1 ) A person found responsible by the Municipal Judge or referee for any
violation of this Code charged as a civil infraction shall pay the fine and costs
assessed, which may include all costs, direct and indirect, 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 nuisance .
(2) If a defendant fails to answer a citation for a civil infraction or notice to
appear in court or before a referee for such infraction, a default judgment
shall enter in the amount of the civil penalty plus all costs, expenses and
damages . In the event a defendant fails to pay a civil fine, costs, damages or
expenses within thirty (30) days after the payment is due or fails to pay a
default judgment, the city may pursue any legal means for collection and, in
addition, may obtain a lien against the property that was the subject of the
violation if the Code violation is designated as a nuisance in Chapter 20, is
a violation of Sections 5 - 263 through 5 -2668 , or is a violation of Land Use
Code Section 3 . 18 . 16 and was committed by an owner of the property, as
defined in Land Use Code Section 5 . 1 .2 .
(3 ) Each act of violation and every day upon which a violation occurs shall
constitute a separate offense.
Introduced and considered favorably on first reading and ordered published this 18th day of
October, A.D . 2005 , and to be presented for final passage on the 15th day of November, A.D . 2005 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 15th day of November, A . D . 2005 .
Mayor
ATTEST :
City Clerk
ORDINANCE NO, 127, 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 :
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) and property manager(s), if any, at any different address as shown
in the records of the city, including utility, licensing or permit 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 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.
An 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 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 ofthe Code ofthe 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 within thirty (30)
days of each such 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 violationmust have 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. Posting of notice of commencement of public nuisance actions .
(a) Posting of notice.
( 1 ) Upon service of the verified complaint or complaint by affidavit referred
to below, the Nuisance Abatement Officer shall post a notice at some
prominent place on the parcel. The posted notice shall state that the parcel
has been identified as the location of an alleged public nuisance and that
a civil action under this Article has 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 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.
(c) The Court may accept such stipulations for alternative remedies and make
such stipulations an order of the Court, 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 this 18th day of
October, A. D . 2005 , and to be presented for final passage on the 15th day of November, A.D . 2005 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 15th day of November, A.D . 2005 .
Mayor
ATTEST :
City Clerk
ORDINANCE NO, 155 , 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO REQUIRE THE PROVISION OF ACCURATE OWNERSHIP
INFORMATION IN CONNECTION WITH
THE PROVISION OF UTILITY SERVICES
WHEREAS , pursuant to Chapter 26 of the City Code, Fort Collins Utilities provides water,
wastewater, electric and stormwater utility services to members of the general public in and around
Fort Collins ; and
WHEREAS , pursuant to City Code Section 26-712(c), all utility services are presumed to
be furnished and supplied to the real property served, without regard to the actual user or person
billed for the services, and all utility fees and charges are chargeable against and payable by the
owner of such real property ; and
WHEREAS , pursuant to City Code Section 26-718 , all utility charges that are not paid when
due constitute a perpetual lien on the property to which the utility services were delivered, regardless
of whether the owner of said property requested that utility services be provided; and
WHEREAS , in order to provide for improved communications between the City and owners
of real property to which utility services are provided and upon which utility charges are imposed,
and to improve the success of collections of amounts due for utility services, Utilities staff has
recommended that additional information be collected regarding utility accounts and services
requested; and
WHEREAS , in particular, staff has recommended that the consent of the owner of real
property to be served be obtained at the time utility services are initiated and that property owner
information be updated as changes occur; and
WHEREAS , in the past the accuracy of ownership information provided at the time of
initiation of service has been unreliable and few means of deterring the use of false information in
connection with utility accounts and service requests have been available; and
WHEREAS , in order to improve the accuracy of utility account information, staff has
proposed the addition of Code language prohibiting the procurement of utility services based upon
false or fraudulent information; and
WHEREAS , in addition to the foregoing, the improved reliability and availability of
ownership information through utility records will be of benefit to the City due to its usefulness for
Code enforcement purposes generally, and will eliminate the need to create a second, duplicative
system for Code enforcement purposes ; and
WHEREAS , in light of the scope of confidentiality afforded utility customer records
pursuant to the Colorado Open Records Act, the use of those records for Code enforcement, whether
criminal or civil, is appropriate and consistent with the intended protection of that information from
public access ; and
WHEREAS, in light of the foregoing, the City Council has determined that the amendment
of Chapter 26 of the City Code is necessary and will be beneficial for the ratepayers of the City's
utilities and for the efficient administration of the City's utilities and Code enforcement functions .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That Article II of Chapter 26 of the Code of the City of Fort Collins is hereby
amended to add a new Section 26-24, as follows :
Sec. 26-24. Property owner' s consent for utility service.
Utility service provided to real property pursuant to the terms of this Chapter
shall be deemed to be provided at the request and with the consent of the owner of
said real property, unless and until the General Manager receives written notice of
said owner's withdrawal of such consent.
Section 2 . That Article II of Chapter 26 of the Code of the City of Fort Collins is hereby
amended to add a new Section 26-25 , as follows :
Sec. 26-25. Required information for utility service.
(a) Each utility service customer or applicant for utility service to be provided
pursuant to this Chapter shall provide to the General Manager accurate and complete
information regarding the ownership of the real property to which utility service is
to be provided and shall state whether or not the dwelling units situated on such
property are owner-occupied. The information required by the General Manager
may include, but need not be limited to, the street address of each such dwelling unit,
together with the name, mailing address and telephone number of all owners and
property managers, if any, of each dwelling unit. If none of the owners or property
managers of a dwelling is a natural person, then the applicant shall also provide the
name, address and contact information for a natural person who is duly authorized
to act as agent for the owner with regard to the management of such unit.
(b) If there is any change in the information provided to the General Manager
under this Section, the utility account customer shall so notify the General Manager
within thirty (30) days of such change .
(c) The General Manager may require completion of an affidavit or certification
by the owner of such real property authorizing utility service to the same, and
verifying the information provided to the General Manager pursuant to the
requirements of this Section. The General Manager may also, in his or her
discretion, require any person requesting the initiation, modification, or termination
of utility service provided pursuant to this Chapter, or providing information
pursuant to this Section, to produce a government-issued photo identification
verifying such person's identity.
(d) In connection with the administration, management and documentation of any
utility customer account, billing, collection or utility service-related matter pursuant
to this Chapter, the General Manager may require such additional information
regarding the holder of said account or the real property to which utility service has
been or will be provided or the improvements situated thereon as he or she
determines to be reasonably necessary, including but not limited to the date of birth
or social security or driver's license information of said account holder or applicant
for service .
Section 3 . That Article II of Chapter 26 of the Code of the City of Fort Collins is hereby
amended to add a new Section 26-26, as follows :
Sec. 26-26. Confidentiality of utility customer information.
Pursuant to the procedures, conditions and requirements of the Colorado Open
Records Act, Section 24-72- 101 , et seq. , Colorado Revised Statutes and this Section:
( 1 ) The General Manager may make said information available for inspection
by any peace officer or any city employee or officer responsible for the
enforcement of the Code, upon the provision of satisfactory evidence that
the inspection is reasonably related to the authority and duties of such peace
officer or Code enforcement personnel;
(2) Such utility account information may be disclosed to the owner or owners
of any real property to which such utility account applies ;
(3 ) Such utility account information may be disclosed to the public in an
aggregated or statistical form so classified as to prevent the identification,
location or habits of individual customers ; and
(4) Such utility account information may be disclosed within the city
organization or to city contractors, so long as the release of the information
is conditioned upon reasonable precautions and requirements to prevent
disclosure of said information to the public .
Section 4. That Article II of Chapter 26 of the Code of the City of Fort Collins is hereby
amended to add a new Section 26-27, as follows :
Sec. 26-27. Use of false information in connection with utility services.
It shall be unlawful for any person to knowingly provide any untrue, deceptive
or misleading information to the General Manager or Financial Officer, or to
otherwise misrepresent such person's identity, address, or status or the identity or
address of the owner of real property to which utility service has been provided or
requested to be provided, in connection with the initiation, modification, or
termination of utility service provided pursuant to this Chapter, or related to the
payment or collection of any amounts due in connection with any such utility
service. Violation of this Section shall be punishable as provided in § 1 - 15 , and may
constitute grounds for disconnection of utility services .
Section 5 . That Section 2 of this Ordinance shall be effective as of January 1 , 2007, and all
other provisions of this Ordinance will go into effect ten ( 10) days after second reading of this
Ordinance .
Introduced and considered favorably on first reading and ordered published this 15th day of
November, A.D . 2005 , and to be presented for final passage on the 20th day of December, A .D .
2005 ,
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 20th day of December, A.D . 2005 .
Mayor
ATTEST :
City Clerk