HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/21/2009 - FIRST READING OF ORDINANCE NO. 037, 2009, AMENDING ITEM NUMBER: 13
AGENDA ITEM SUMMARY DATE: April 21, 2009
FORT COLLINS CITY COUNCIL STAFF: Teresa Ablao
SUBJECT
First Reading of Ordinance No. 037, 2009, Amending Chapter 5 of the City Code Regarding
Violations and Penalties to the International Property Maintenance Code.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
The Ordinance would amend the violation and penalty section of the International Property
Maintenance Code(IPMC)in order to clarify that certain violations of the IPMC are civil infractions
while others are criminal misdemeanors. It would also delete Section 5-48 of the City Code as it
is no longer necessary.
BACKGROUND
On October 21,2008,Council adopted the International Property Maintenance Code,which contains
a"violations and penalties"section. However,the IPMC does not clearly delineate which sections
of the IPMC are to be considered civil infractions. The recommended amendment will provide
better clarity for Code enforcement and the citizenry of the City. The Ordinance will also repeal
Section 5-48 of the City Code pertaining to violation and penalties related to the Uniform Code for
the Abatement of Dangerous Buildings, which is a Code that is no longer utilized by the City.
ORDINANCE NO, 037, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING VIOLATIONS AND PENALTIES TO THE INTERNATIONAL
PROPERTY MAINTENANCE CODE
WHEREAS, in 2008 , the City Council adopted the International Property Maintenance Code
(IPMC), with local revisions in 2008 , updating the health and safety standards pertaining to
property; and
WHEREAS , although the IPMC contains a "violations and penalties" section, it does not
clearly state which violations of the IPMC are to be considered civil infractions rather than criminal
misdemeanors ; and
WHEREAS , amending the violation and penalty section of the IPMC will provide clarity for
code enforcement and the citizenry of the City; and
WHEREAS , City Code Section 5 -48 contains violation and penalty provisions related to a
Code that is no longer in effect and that section of the Code should have been deleted in its entirety
when the IPMC was adopted in 2008 .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That subsection 106 .4 contained in Section 5 -47 of the Code of the City of
Fort Collins is hereby amended to read as follows :
" 106.4 Violation penalties. Any person who violates Section 108 . 1 . 5 , or any notices
or orders issued for a violation of Section 108 . 1 . 5 , 108 .4 . 1 , 108 . 5 or any provision
of Section 109 commits a misdemeanor and is subject to a fine, imprisonment, costs
and fees and any other orders imposed in accordance with City Code Section 1 - 15 .
Any person who violates any other provision of this Code commits a civil infraction
and is subject to the penalty provisions of City Code Section 1 - 15 (f) . In addition, the
code official may revoke or suspend any permit or certificate issued by the City with
respect to the building, structure, premises or equipment. "
Section 2 . That Section 5 -48 of the Code of the City of Fort Collins is hereby deleted
in its entirety as follows :
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Introduced, considered favorably on first reading, and ordered published this 21 st day of
April, A.D . 2009, and to be presented for final passage on the 5th day of May, A.D . 2009 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 5th day of May, A . D . 2009 .
Mayor
ATTEST :
City Clerk