HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/19/2006 - SECOND READING OF ORDINANCE NO. 198, 2006, AMENDIN ITEM NUMBER: 13
AGENDA ITEM SUMMARY DATE: December 19, 2006
FORT COLLINS CITY COUNCIL STAFF: Beth Sowder
SUBJECT
Second Reading of Ordinance No. 198, 2006, Amending the City Code for the Purpose of
Decriminalizing Certain Code Violations by Creating a Civil Infraction Classification and
Procedures for Violations Thereof.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance,unanimously adopted on First Reading on December 5,2006,decriminalizes certain
City Code sections for a more effective enforcement of violations that adversely affect the livability
of City neighborhoods, such as:
• Collection and disposal of refuse and rubbish;
• Weeds, outdoor furniture and outdoor storage restrictions, storage of
inoperable motor vehicles and parking on unimproved surfaces;
• Sidewalk snow and ice removal and signs in the right-of-way;
• Pruning or removing trees or shrubs encroaching streets and sidewalks.
ITEM NUMBER: 27
AGENDA ITEM SUMMARY DATE: December5, 2006
FORT COLLINS CITY COUNCIL STAFF: Beth Sowder
Teresa Ablao
SUBJECT
First Reading of Ordinance No. 198, 2006, Amending the City Code for the Purpose of
Decriminalizing Certain Code Violations by Creating a Civil Infraction Classification and
Procedures for Violations Thereof.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
A hearing officer will be nece for estim 0 ur e onth to hear any contested civil
citations or abatement assessm is. Th osts ready be budgeted for the 2007 budget and
will be continued and/or increas ' u g nece
The amount of increase in administrative costs is unknown; however, these costs will be directly
related to the number of civil citations issued and the number of cases set for hearing. At least some
of the costs will be offset by revenues from fines. In 2007, Neighborhood and Building Services
will attempt to temporarily absorb the increase in administrative costs with existing staff and
resources. By mid-2007, staff should have acquired sufficient cost-revenue data to analyze the
necessity for increased staff and resources.
EXECUTIVE SUMMARY
Currently, all violations of the City Code (except the Occupancy Ordinance and Public Nuisance
Ordinance) are criminal misdem r , su ' t t Rna f 00 and up to 180 days in jail.
Decriminalizing certain addif al secri ses i more effective enforcement of
violations that adversely affec e liva 'ty ofbor ods, such as:
• Collection and disposal of refuse and rubbish
• Weeds, outdoor furniture and outdoor storage restrictions, storage of
inoperable motor vehicles and parking on unimproved surfaces
• Sidewalk snow and ice removal and signs in the right-of-way
• Pruning or removing trees or shrubs encroaching streets and sidewalks
December 5, 2006 -2- Item No. 27
BACKGROUND
Other communities that have mad u'sanc ola civ' vie ieved greater compliance and
enforcement of nuisance viol ns.' rec r 'si s to the City Code, as outlined
below,will change certain viol ions fro crim' 1 ' eme rs to civil infractions. At the work
session on August 22, 2006, un ' ct st f to mo forward with a civil process for
addressing certain code violations with quarterly reports to be made to Council after the civil citation
process has begun.
Most of the changes necessary to decriminalize portions of the Code are in Chapter 19, relating to
hearing and citation enforcement procedures. Individual provisions for specific
Municipal Court, g
nuisance violations will also be amended.
The changes are summarized as follows:
Chapter 1 These amendments primarily incorporate and apply penalty and culpability
provisions to civil infractions.
Chapter 19 These revisions add procedures for issuing a civil citation and appearing before a
hearing officer to c t t cit ' nsPe Vasseed for abatement. In addition,
the proposed dm clari alection and liens provide that,
after two viola ns in t lve ( s ordinance classified as a civil
infraction, any se vio d as misdemeanors, subject to
criminal penalties.
Chapter 12 These amendments pertain to the collection and disposal of refuse and rubbish.
Chapter 20 These amendments pertain to certain sections dealing with weeds and rubbish,
outdoor furniture restrictions, outdoor storage restrictions, unsheltered storage of
inoperable motor vehicle restrictions, and parking on unimproved surface.
Chapter 24 These amendments pertain to the removal of snow and ice.
Chapter 27 These amendments pertain to the duty of property owners to prune or remove trees
or shrubs that are encroaching on the right-of-way.
Civil citations will require the pro own r to to G ct violation,while also assessing
a fine for the violation. Fines me wi ep t la n creating a financial incentive for
property owners to avoid furth nuisan violat n S Sys of progressive penalties provides
an immediate fine, while con en co gi repeat sance violations and encouraging
continued compliance.
`The City and County of Denver reported an increase in compliance rates of 65%
since instituting the civil citation process in 2004. hi addition, over$320,000 in fines has
been collected after issuing 2,168 civil citations between June 2004 and December 2005
(with $900,000 still owed to them in the form of property liens).
December 5, 2006 -3- Item No. 27
The amount of the fine is set by the Municipal Judge. Staff recommends the fines for all civil
violations, except violations of LUC 3.8.16 (occupancy limits) be set at $100 for a first violation,
$300 for a second violation, and any subsequent civil citation penalty would be doubled. If a third
violation is charged as a crimin t Ypced
om $500 to $1000.
Any fines assessed and collect from c 1 cit wi 1n the General Fund as a Code
Enforcement/Neighborhood an Ong ce ene City accounting system and
reappropriated as necessary to help offset the ongoing public expense of funding Neighborhood
Code Compliance services.
COPY
ORDINANCE NO. 198, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS FOR THE
PURPOSE OF DECRIMINALIZING CERTAIN CODE
VIOLATIONS BY CREATING A CIVIL INFRACTION CLASSIFICATION
AND PROCEDURES FOR VIOLATIONS THEREOF
WHEREAS, under Section 1-15 of the City Code, nearly all violations of the City Code
constitute misdemeanor criminal offenses; and
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, some of these Code provisions address issues of quality of life and
neighborhood aesthetics while others address behavioral problems that affect the safety of citizens;
and
WHEREAS,City staff believes that those violations dealing with antisocial and/or dangerous
behaviors should be treated as criminal in nature, while other nuisance violations are more
appropriately categorized as civil infractions for which jail is not a possible penalty; and
WHEREAS, many nuisance provisions are directed towards the conduct of persons on
private property, and are intended to ensure that the physical condition of such properties do not
become a nuisance to other residents in the vicinity of the properties or passers-by on the public
rights-of-way; and
WHEREAS, the City Council is interested in strengthening the provisions of ordinances
pertaining to property nuisance violations so as to proceed more expeditiously against the owners
and occupants of properties who fail to take affirmative steps to remedy Code violations occurring
on their property after receiving notices and civil citations from the City regarding such violations;
and
WHEREAS, the use of civil or administrative procedures has proven to be an effective tool
in reducing repeat nuisance violations at specific properties in jurisdictions contacted by staff, and
WHEREAS, for the foregoing reasons, staff has recommended that certain Code provisions
be decriminalized and that violations of such Code provisions be designated as civil infractions to
encourage compliance with code requirements pertaining to property nuisances; and
WHEREAS, in order to afford property owners notice and opportunity to remedy public
nuisances without the need for court proceedings,an administrative or civil process would be utilized
for civil infractions; and
WHEREAS, while the Code currently provides for a Municipal Court Referee to hear civil
infractions, specific criteria to select the Referee and specific procedures to adjudicate and review
civil infractions and abatement assessments do not currently exist; and
WHEREAS,the Council believes that it is in the best interests of the City and its citizens to
provide specific procedures for commencement, prosecution and adjudication of civil infraction
citations and disputes regarding the propriety of abatement cost assessments; and
WHEREAS, the current provisions in the City Code regarding recovery of abatement costs
through assessment liens on offending properties is cumbersome and restricts the City from
recovering the administrative costs of abatement as an assessment lien against the property if a
violating property owner fails to pay the costs of abatement; and
WHEREAS,abatement procedures are in need of revision for more efficient implementation,
enforcement and collection of costs incurred in abating nuisances; and
WHEREAS, repeated violations of law, whether designated as civil or criminal, exhibit a
conscious disregard for the law; and
WHEREAS,the Council is concerned that decriminalization may result in repeat violations
with the imposition of only a financial penalty; and
WHEREAS, in order to provide an incentive for violators to abate and correct nuisance
behaviors, as well as provide a motivation to reduce recidivism, criminal penalties for the third or
subsequent violations of civil provisions are appropriate; and
WHEREAS, the Council recognizes that some violations constitute an immediate threat to
health and safety such that a civil citation should be issued rather than merely a notice to correct and
abate prior to serving a citation; and
WHEREAS, the officers who are designated to enforce these Code provisions needs to be
more clearly identified in the Code to allow for the consolidation of enforcement efforts into a"one
stop shop"; and
WHEREAS, certain other provisions of the City Code regarding general penalties and
culpability are in need of amendment in order to be logically and internally consistent with
provisions for civil infractions; and
WHEREAS, the City Council agrees that in order to achieve more efficient and effective
enforcement of the provisions of the Code, the recommended amendments should be made by
Council; and
WHEREAS, the proposed amendments will add to and improve current processes for
handling nuisance violations.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Sectionl. That Sectionl-15(f)oftheCodeoftheCityofFortCollinsisherebyamended
to read as follows:
Sec. 1-15. General penalty and surcharges for misdemeanor offenses, traffic
offenses and traffic and civil infractions.
(f) Any person found responsible for a violation of this Code designated as a
civil infraction shall pay a civil penalty of not more than one thousand dollars
($1,000.) plus costs, damages and expenses as follows:
(1) A person found responsible by the Municipal Court or Referee for any
violation of this Code charged as a civil infraction shall pay the penalty 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 penalty,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 an assessment 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 any civil infraction contained in Chapter 5, 12,
20, 24 or 27, or is a violation of Land Use Code Section 3.18.16 and was
committed by an owner or tenant 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 violation. If a person commits three (3) or more
violations in twelve (12) consecutive months of any provision of this Code
classified as a civil infraction, the third such violation and any subsequent
violations within said twelve (12) month period shall constitute a
misdemeanor criminal offense and shall be subject to a penalty or
imprisonment, costs and fees and any other orders imposed in accordance
with §1-15.
Section 2. That Section 1-19 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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Sec. 1-19. Accountability; behavior of another; complicity.
(a) A person is guilty of an offense or liable for an infraction described in this
Code committed by the behavior of another individual if:
(1) Such person is made accountable for the conduct of that other individual by
the Section in this Chapter which defines the violation or by any other
specific provision of this Code or other ordinance of the City; or
(2) Such person acts with the culpable mental state sufficient for the commission
of the offense or infraction in question and causes an innocent individual to
engage in such behavior. For the purpose of this Subsection, innocent
individual shall mean any individual not guilty of an offense or liable for an
infraction, despite his behavior, because of duress, legal incapacity or
exemption, or because such individual was unaware of the unlawful nature
of the conduct in question or of the defendant's unlawful purpose,or because
of any other factor, precluding the mental state required for the commission
of the offense or infraction in question.
(b) A person is legally accountable as a principal for the behavior of another
constituting an offense or infraction described in this Code if,with intent to promote
or facilitate the commission of the offense or infraction, such person aids, abets, or
advises or encourages the other individual in planning or committing the offense or
infraction.
(c) It shall be an affirmative defense under Subsection(b)of this Section if,prior
to the commission of the offense or infraction, the defendant terminated his or her
efforts to promote or facilitate its commission and either gave timely warning to law
enforcement authorities or gave timely warning to the intended victim.
(d) In any prosecution for an offense or infraction in which criminal culpability
or civil liability is based upon the behavior of another, it is no defense that the other
person has not been prosecuted for or convicted of any offense or infraction based
upon the behavior in question or has been convicted of a different offense or
infraction, or the defendant belongs to a class of persons who by definition of the
offense or infraction is legally incapable of committing the offense or infraction in
an individual capacity.
Section 3. That Section 1-20 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 1-20. Liability of corporation.
(a) A corporation is guilty of an offense, or liable for an infraction described in
this Code if:
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(1) The conduct constituting the offense or infraction consists of an omission to
discharge a specific duty of affirmative performance imposed on corporations
by law; or
(2) The conduct constituting the offense or infraction is engaged in,authorized,
solicited, requested, commanded or knowingly tolerated by the board of
directors or by a managerial agent acting within the scope of his or her
employment or on behalf of the corporation.
(b) As used in this Section, agent means any director, officer or employee of a
corporation, or any other person who is authorized to act on behalf of the
corporationManagerial agent means an officer of a corporation or any other agent in
a position of comparable authority with respect to the formulation of corporate policy
or the supervision in a managerial capacity of subordinate employees or contractors.
Section 4. That Section 1-21 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 1-21. Liability of an individual for corporate conduct.
A person is guilty ofconduct constituting an offense or liable for conduct
constituting an infraction described in this Code if he or she engages in such conduct
or causes such conduct to occur in the name of or in behalf of a corporation to the
same extent as if that conduct were performed or caused by him or her in his or her
own name or on his or her own behalf.
Section 5. That Section 12-16 of the Code of the City of Fort Collins is hereby amended
to read as follows:
See. 12-16. Definitions.
The following words,terms and phrases,when used in this Article,shall have
the meanings ascribed to them in this Section:
Owner shall mean the owner of record, as shown by any records of the City,
County, or State or any other record available to the City, whether an individual,
individuals or entity,any agent or representative of the record owner,and any person
or persons entitled to possession of the premises by easement, lease or tenancy.
Property shall mean in addition to the owner's lot or tract of land, whether
improved or vacant,the area to the center of any alley abutting the lot or tract of land;
any easements on or under the lot or tract of land; and the sidewalk,curb, gutter and
parking area of any street abutting such lot or tract of land.
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Section 6. That Section 12-25 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 12-25. Violations and penalties.
Any person who violates § 12-18 of this Article commits a civil infraction
and is subject to a civil penalty,costs and fees as provided for in§ 1-15. If a person
violates any provision of this Code that is classified as a civil infraction three or more
times in twelve(12)consecutive months,the third such violation and any subsequent
violations committed within said twelve (12) month period shall constitute a
misdemeanor criminal offense. Any person who violates any other provision of this
Article also commits a misdemeanor. All such misdemeanor violations are subject
to a fine or imprisonment in accordance with § 1-15. A separate offense shall be
deemed committed on each day during or on which a civil or criminal violation
occurs or continues.
Section 7. 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, and to review any costs of
abatement or removal in connection with a violation of a civil infraction provision
of the Code, as the Municipal Judge may from time to time designate. Such alleged
violations may include any offense or infraction, 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 responsible party's driving license or privilege.
(b) The Referee shall be an attorney admitted to practice law in the State, have
a minimum of five (5) years of legal or judicial experience and be a resident of the
City.
(c) A Referee appointed by the Municipal Judge to hear civil infractions shall be
appointed from a list of candidates chosen by a staff committee representing each of
the following: Neighborhood and Building Services,the City Attorney's Office,and
the Human Resources Department.
(d) The City Manager is authorized to appoint a designee to represent the City's
interest, with the advice and consent of the City Attorneys Office, in parking and
civil infraction proceedings heard by the Referee.
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Section 8. That Section 19-39 of the Code of the City of Fort Collins is hereby amended
to read as follows:
See. 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 defendant within the schedule of fines
published by the Municipal Judge or set by ordinance 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 any other ordinance
or resolution; 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 Municipal Court,nor may
the Referee hearing the case be called as a witness against the defendant.
(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 penalty, 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 an assessment lien against the property that is the subject of the
violation if the Code violation is designated as a civil infraction.
Section 9. That Section 19-40 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 19-40. 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 responsible party, 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
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hearing shall be recorded verbatim, by either electronic devices or stenographic
means.
Section 10. That Section 19-41 of the Code of the City of Fort Collins is hereby amended
to read as follows:
See. 19-41. 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 by the schedule of fines published by the
Municipal Judge. In addition, the Referee may impose any other costs, damages,
expenses and orders that may be authorized under Subsection 1-15(f).
Section 11. That Section 19-42 of the Code of the City of Fort Collins is hereby amended
to read as follows:
See. 19-42. Appeal of decisions.
(a) Any defendant affected by a final order or judgment of a Referee, under the
authority of this Article, may appeal the Referee's final order or judgment to the
Municipal Court by filing a written notice of appeal with the Clerk of the Municipal
Court within ten (10) days after the entry of the final order or judgment 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 after the final order or
judgment 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.
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(e) Appeals shall be in accordance with Rule 37 of the Colorado Rules of
Criminal Procedure.
Section 12. That a new Article V in Section 19 is hereby added to the Code of the City
of Fort Collins and reads in its entirety as follows:
ARTICLE V.
RULES FOR CIVIL INFRACTIONS
See. 19-61. 1n general.
All violations of any provision of this Code classified as a civil infraction
shall constitute civil matters and not criminal violations, except as provided in §1-
15.
Sec. 19-62. Scope and purpose.
These rules are promulgated pursuant to Article VII of the Charter to govern
practice and procedures for the handling of civil infractions. The purpose of these
rules is to provide for the orderly,expeditious and fair disposition of such infractions.
See. 19-64. Definitions.
The following words,terms and phrases,when used in this Article,shall have
the meanings ascribed to them in this Section:
Charging document shall mean the document initiating the civil infraction
matter, whether denoted as a complaint, summons and complaint, citation, penalty
assessment notice, removal assessment or other document charging the person with
the commission of a civil infraction or infractions.
Defendant shall mean any responsible party charged with the commission of
a civil infraction.
Judgment shall mean a finding by the Municipal Judge or Referee of liability
against any person for the commission of a civil infraction.
Officer shall mean a peace officer,code enforcement officer or inspector, or
other City official who is authorized pursuant to§2-502(b)to enforce the provisions
of the City Code.
Penalty shall mean a fine imposed pursuant to this Code for the violation of
a civil infraction.
Responsible Party shall mean a person or entity upon whom a duty to perform
or refrain from performing an act,or to maintain or prohibit a condition, is imposed,
by a provision of the City Code classified as a civil infraction, including, in the case
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of property violations, any adult resident or tenant(s), the property owner or an
individual or entity who, acting as an agent for or in any other legal capacity on
behalf of the owner, has authority over the subject property.
Sec. 19-65. No jury trial of infractions.
A defendant brought to hearing solely upon a civil infraction or infractions
shall have no right to a trial by jury as contemplated by§ 13-10-114,C.R.S.,or Rule
223, C.M.C.R., and the trial or hearing of civil infractions shall be to the Municipal
Court or Referee. No defendant found liable for a civil infraction shall be punished
by imprisonment for said infraction.
Sec. 19-66. Commencement of action; citation procedure.
(a) Officers shall have the authority to initiate enforcement proceedings as
provided below.
(1) An officer who has reasonable grounds to believe that a responsible party has
committed a civil infraction under the Code is authorized to serve a notice of
violation to the responsible party. Except as otherwise provided in this Code,
the officer shall set a reasonable time period within which the responsible
party must correct the violation. This determination shall be based on
considerations of fairness,practicality,ease of correction,the nature,extent,
and probability of danger or damage to the public or property, and any other
relevant factor relating to the reasonableness of the time period prescribed.
An officer may immediately serve a civil citation to a responsible party,
without prior notice, if there is reason to believe that the violation presents
a threat to the public health, safety, or welfare, if the damage done by the
violation is irreparable or irreversible, or if the violation is a second or
subsequent violation by the responsible party.
(2) The citation form shall include, but need not be limited to, the following:
a. Date and time of issuance.
b. Name and signature of officer.
C. Name and address of the responsible party(ies).
d. Code section for violation charged.
e. Brief description of the nature of the violation, including location,
date and time of violation and description of the actions required to
correct the violation.
f Amount of the applicable civil penalty and costs, assessments and
fees.
g. Procedure for the defendant to follow in paying the civil penalty,
costs, assessments and fees or contesting the citation.
h. Notice that additional citations may be served for each day that the
applicable violation is found to exist.
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i. Notice that failure to pay the civil penalty,costs,assessments and fees
within the time allowed and failure to request a hearing within ten
(10) days of service of the citation shall constitute a waiver of the
responsible party's opportunity for a hearing, and that, in such case,
judgment may be entered up to the amount stated on the citation
together with any court, abatement or removal costs, as applicable.
(3) The officer may require that a responsible party or any person receiving a
citation provide proof of identity and residential or work address.
(4) The officer shall attempt to serve the citation to a responsible party at the site
of the violation. If no responsible party can be located at the site of the
violation, a copy of the citation shall be served by mail to the responsible
party via first class mail at any last known address of said party in the records
of the City or County and a copy shall also be left with any adult person
residing or working at the site of the violation. 1f no adult person is found at
the site and the violation occurred on private property or on property for
which a responsible party has responsibility under any other ordinance or the
violation involves a vehicle or trailer as the nuisance, then a copy of the
citation shall be posted in a conspicuous place on the property or attached to
the vehicle or trailer, whichever is applicable.
(5) The officer or inspector shall attempt to obtain the signature of the person to
whom he/she served the citation;however, if the citation is mailed or posted
or if the person fails or refuses to sign the citation, such failure or refusal
shall not affect the validity of the citation or any subsequent proceedings.
(6) Proper notice shall be deemed served on the date of receipt by the responsible
party if personally served, or upon the fifth day after mailing, attaching or
posting of the citation.
Sec. 19-67. Payment without appearance.
(a) The Neighborhood and Building Services Directoror,inthecaseofaforestry
code violation, the Forestry Director, shall accept payment of the amount due for a
civil infraction from a defendant if such payment is made within ten (10) days
following service of the citation for the violation. Such payment shall be separately
accounted for and deposited into the City's general fund in accordance with rules and
procedures of the Finance Department.
(b) Payment of the total penalty, costs and fees shall constitute a waiver by the
responsible party of rights and acknowledgment of liability.
(c) Such payment shall constitute an entry and satisfaction of judgment.
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(d) Payment of the penalty and costs shall not excuse the failure to correct
violations nor shall it bar further enforcement by the City.
Sec. 19-68. Hearing procedures.
(a) If a defendant wishes to contest a citation, he or she, within ten (10) days
following service of the citation, shall file a written request with the Neighborhood
and Building Services Director for a hearing before the Municipal Referee.
(b) The hearing of all civil infractions shall be conducted pursuant to the
Colorado Rules of Evidence and the order of proceedings shall be those followed by
the Municipal Court in offenses tried to the Municipal Judge, except as otherwise
specifically stated herein.
(c) The City and the defendant(s) may be represented by counsel.
Sec. 19-69. Subpoenas and discovery.
(a) At the request of any party to the hearing, the Municipal Referee may
subpoena witnesses, documents or other evidence where the attendance of the
witness or the admission of evidence is necessary to decide the issues at the hearing.
The issuance and service of a subpoena shall be as provided in Rule 217, C.M.C.R.
(b) Discovery shall not be available prior to hearing.
(c) At the time of hearing,the defendant and prosecuting officer or attorney shall
be entitled to inspect all documents prepared by the other which are intended to be
used in the presentation of evidence.
Sec. 19-70. Judgment and procedures after hearing.
(a) If the civil infraction(s) is proven by a preponderance of the evidence, the
Municipal Referee shall find the defendant liable for the violation and enter
appropriate judgment. If, however, the civil infraction is not proven by a
preponderance of the evidence, the Municipal Referee shall dismiss the charge and
enter appropriate judgment.
(b) If the defendant is found liable, the Municipal Referee shall assess the
appropriate penalty and any additional costs or fees authorized by law or ordinance.
(c) The judgment shall be satisfied upon payment to the Neighborhood and
Building Services or Forestry Director, with respect to Forestry code violations, in
the total amount of penalty, costs and fees assessed.
(d) If the defendant fails to satisfy the judgment immediately following the final
hearing or within the time allowed by a reasonable extension, not to exceed thirty
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(30) days granted upon a showing of good cause by and upon application of the
defendant, then such failure shall be treated as a default.
Sec. 19-71. Post-hearing motions.
There shall be no post-hearing motions except for a motion to set aside a
default judgment as provided in § 19-74.
Sec. 19-72. Continuances.
Continuances may be granted by the Municipal Referee only upon a showing
of good cause by the City or the defendant.
Sec. 19-73. Default.
(a) If any defendant fails to answer a citation or fails to appear for any hearing,
a default judgment shall enter against the defendant pursuant to § 19-39(b).
(b) The Municipal Judge or Referee may set aside a judgment entered under this
rule on a showing of good cause or excusable neglect by the defendant. A motion to
set aside the judgment shall be filed at the office where default entered not more than
seven (7) consecutive days after entry of judgment.
(c) No warrant shall issue for the arrest of any defendant who fails to appear at
a hearing or fails to satisfy a judgment entered pursuant to this Article.
Sec. 19-74. Appeal.
Appeal of any finding of liability for a civil infraction by a Referee shall be
subject to the same rules and procedures contained in § 19-42. Appeal of findings
by the Municipal Court shall be pursuant to rules and procedures applicable to
municipal offenses generally.
Sec. 19-75. Collection of judgments.
Upon finality of a judgment for a civil infraction, and in addition to all legal
and administrative enforcement or collection procedures including assessment liens
on property,and remedies otherwise available,the City Attorney is authorized to file
a civil action with any state court having appropriate jurisdiction, which filing shall
include the transcript of the case certified by the Municipal Court Clerk and shall ask
for judgment based thereon. Upon the entry of such judgment, the City Attorney
shall be authorized to proceed with all judgment execution and collection procedures
authorized by law for the amount of the judgment, costs and fees incurred in the
proceedings g
roceedin s and legal interest.
Sec. 19-76. Inspection.
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(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
Enforcement Officer has reasonable grounds 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 Enforcement Officer may enter such
building or premises at all reasonable times to inspect it or to perform any duty
imposed upon the Enforcement Officer by this Article. If such building or premises
is occupied,the Enforcement Officer shall first present proper credentials and request
entry. If such building or premises is unoccupied,the Enforcement Officer 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 or if no
person having control of the building or premises can be located, the Enforcement
Officer shall have recourse to every remedy provided by law to secure entry.
(b) If the Enforcement Officer has 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
Enforcement Officer 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 13. That Section 20-41 of the Code of the City of Fort Collins is hereby
amended to read as follows:
See. 20-41. Definitions.
The following words, terms and phrases, when used in this Article, shall
have the meanings ascribed to them in this Section:
Owner or occupant shall mean the owner of record as shown in any record
of the City, County or State or any agent or representative of such owner and any
person entitled, by easement, lease or tenancy, to possession or use of the premises.
Property shall mean in addition to the owner's lot or tract of land whether
improved or vacant,the area to the center of any alley abutting the lot or tract of land;
any easements on or under the lot or tract of land; and the sidewalk, curb, gutter and
parking area of any street abutting such lot or tract of land.
Section 14. That the title of Section 20-42 contained in the Code of the City of Fort
Collins is hereby amended to read as follows:
Sec. 20-42. Weeds and rubbish nuisances prohibited.
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Section 15. That the title of Section 20-42.5 contained in the Code of the City of Fort
Collins is hereby amended to read as follows:
Sec. 20-42.5. Outdoor furniture restriction; defenses.
Section 16. That the title of Section 20-43 contained in the Code of the City of Fort
Collins is hereby amended to read as follows:
Sec.20-43. Wildlife habitat,certified natural areas and compost exceptions.
Section 17. That Section 20-44 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec.20-44. Notice of violation;removal authority and procedure; assessment
lien on the property.
(a) The Neighborhood and Building Services Director and any officer, as such
is defined in § 19-66, are authorized and directed to give notice to any owner and
occupant whose property, open area, ditch or right-of-way is being kept or
maintained in violation of the provisions of this Article. Such notice may be
personally served upon such person, or, if not personally served, shall be deposited
in the United States mail, addressed to the occupant and owner of record at the
address on the assessment roll of the Larimer County Assessor or at such other,more
recent address as may be available to the City,or with respect to notice to occupants,
at the address of the property so occupied.
(1) The notice shall state that if the offending weeds and/or grasses are not cut
or eradicated (as applicable), and/or the offending brush pile, refuse and/or
rubbish are not removed from such property,open area,ditch or right-of-way
on or before five (5) days from the date of such notice, a civil citation will
issue and the removal will be done by the City and any costs of abatement,
including the cost of inspection, the cost of any grading or sloping necessary
to protect the public safety and other incidental costs in connection therewith
and the costs for carrying charges and costs of administration will be charged
against the property,open area,ditch or right-of-way,in addition to any other
penalty and costs or orders that may be imposed. With respect to rubbish
only, the notice shall also state that if said owner desires a hearing before the
Municipal Referee to contest the declaration of nuisance and/or the removal,
such owner shall request such hearing in writing to the Director of
Neighborhood and Building Services within five(5) days of mailing of the
notice and shall further state that if a request for such hearing is made, the
City will remove the rubbish in accordance with Subparagraph(b)below and
will store the material pending the holding of the hearing and the
determination therefrom. The notice shall further state that if no request for
such hearing is timely filed, the City will remove the rubbish in accordance
with Subparagraph (b) below and shall destroy or otherwise dispose of the
rubbish.
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(b) If the property, open area, ditch or right-of-way has not been brought into
compliance with this Article within five(5) days from the date of the notice and if
the owner has not requested a hearing before the Municipal Referee to contest the
declaration of nuisance and/or the removal as provided in Subparagraph (a) above,
the removal may be done by the City, either by City personnel or by private
contractors,as the Director of Neighborhood and Building Services shall determine.
In the event of such removal by the City, the cost, including inspection, removal of
obstructions, if any,the cost of any grading or sloping necessary to protect the public
safety, other incidental costs in connection therewith, and the costs for carrying
charges and administration shall be assessed against the offending property, open
area,ditch or right-of-way and the owner thereof. With respect to rubbish only,if the
owner has requested a hearing pursuant to the provisions of Subsection(a),removal
of the rubbish may be accomplished as provided in this Subsection; provided,
however,that such material removed shall be stored by the City until such time as the
Referee holds the hearing and determines,based upon the evidence presented by the
owner and the staff of the City, whether the nuisance should have been declared and
the rubbish removed. If the Referee determines that the declaration of nuisance and
removal is proper,then the rubbish shall be destroyed or otherwise disposed of by the
City, and the additional costs of storage shall be assessed, together with all other
costs, as provided above. If the Referee determines that the declaration of nuisance
and removal was improper, then the material shall be returned to the owner and no
costs shall be assessed.
(c) Any cost assessment shall be a lien in the several amounts assessed against
each property,open area,ditch or right-of-way until paid and shall have priority over
all other liens, except general taxes and prior special assessment liens. If any such
assessment is not paid within thirty (30) days after it has been certified by the
Director of Neighborhood and Building Services and billed by the Financial Officer
or his designee to the owner by deposit in the United States mail addressed to the
owner of record at the address as shown on the tax rolls or such other, more recent
address as may be available to the City,and any agents, representatives or occupants
as may be known, the Financial Officer, or his designee is hereby authorized to
certify to the County Treasurer the list of delinquent assessments, giving the name
of the owner as it appears of record, the number of the lot and block and the amount
of the assessment plus a ten-percent penalty. The certification is to be the same in
substance and in form as required for the certification of other taxes. The County
Treasurer, upon receipt of such certified list,is hereby authorized to place it upon the
tax list for the current year and to collect the assessment in the same manner as
general property taxes are collected, together with any charges as may by law be
made by the County Treasurer and all laws of the State for the assessment and
collection of general taxes, including the laws for the sale of property for taxes, and
the redemption thereof shall apply to and have full force and effect for the collection
of all such assessments. Notwithstanding the foregoing, if the offending property,
open area, ditch or right-of-way is not subject to taxation, the City may elect
alternative means to collect the amounts due pursuant to this Article, including the
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commencement of an action at law or in equity and, after judgment, pursue such
remedies as are provided by law.
Section 18. That Section 20-45 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-45. Violations and penalties.
Any person who violates any provision of this Article, except §§ 20-42(f)
and 20-420), commits a civil infraction and is subject to a civil penalty, costs and
fees as provided for in § 1-15. Any person who violates §§ 20-42(f) or 20-420)
commits a misdemeanor criminal offense and is subject to a penalty or imprisonment,
costs and fees and any other orders imposed in accordance with § 1-15. If a person
commits three(3)or more violations in twelve(12)consecutive months of any other
provision of this Code classified as a civil infraction,the third such violation and any
subsequent violations within said twelve (12) month period shall also constitute a
misdemeanor criminal offense subject to §1-15.
Section 19. That the title of Section 20-94 contained in the Code of the City of Fort
Collins is hereby amended to read as follows:
Sec. 20-94. Sheltered or exempt vehicles must comply with other nuisance
provisions.
Section 20. That Section 20-95 of the Code of the City of Fort Collins is hereby amended
to read as follows:
See. 20-95. Abatement; removal.
The owner and the occupant of the private property on which the unsheltered
storage is occurring and the owner of the inoperable motor vehicle in question are
jointly and severally responsible to abate the nuisance. Every person who fails,
neglects or refuses to abate the nuisance commits a civil infraction. A separate
offense shall be deemed committed on each day during or on which a violation
occurs or continues. The payment of any penalty does not exempt the offender from
compliance with the requirements of this Article. No person, after abatement
notification has been given, shall move the inoperable motor vehicle in question to
any other private property upon which storage of such vehicle is not permitted or
onto any public property or right-of-way.
Section 21. That a new Section 20-96 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows:
Sec. 20-96. Violations and penalties.
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Any person who violates any provision of this Article commits a civil
infraction and is subject to a civil penalty, costs and fees as provided for in § 1-15.
If a person commits three(3) or more violations in twelve(12) consecutive months
of any provision of this Code classified as a civil infraction,the third such violation
and any subsequent violations within said twelve(12)month period shall constitute
a misdemeanor criminal offense and shall be subject to a penalty or imprisonment,
costs and fees and any other orders imposed in accordance with § 1-15.
Section22. That Section 20-100 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-100. Nuisance declared and prohibited; penalty.
The placement,moving or transporting of snow by any person from privately
owned property that is not used for residential purposes onto any street or right-of-
way (as that term is defined in § 20-61 of this Chapter) is hereby declared to
constitute a nuisance as a snow obstruction, and a hazard to the public health and
safety. No person shall place,move or transport,or cause any other person to place,
move or transport,snow from privately owned property that is not used for residential
purposes onto any street or right-of-way (as that term is defined in § 20-61 of this
Chapter). Any person who violates any provision of this Article commits a civil
infraction and is subject to a civil penalty, costs and fees as provided for in § 1-15.
Any person who commits three (3) or more violations in twelve (12) consecutive
months of any provision of this Code classified as a civil infraction the third such
violation and any subsequent violations within said twelve (12)month period shall
constitute a misdemeanor criminal offense and is subject to a penalty or
imprisonment, costs and fees and any other orders imposed in accordance with § I-
15.
Section 23. That Section 20-101 of the Code of the Cityof Fort is hereby amended to read
as follows:
Sec. 20-101. Removal by City; lien.
(a) The City Manager may, upon the discovery of any such placement, moving
or transporting of snow onto a street or right-of-way, immediately have the hazard
corrected by removal of such snow from such street or right-of-way; and the cost of
such removal, including the cost of inspection and other incidental costs in
connection therewith, including the costs for carving charges and costs of
administration,shall be assessed against the property abutting upon or adjacent to the
snow obstruction and the owner thereof.
(b) If the property owner contests the declaration of nuisance and/or the
assessment of costs, s/he shall file a written request with the Director of
Neighborhood and Building Services, within ten (10) days from the service of a
notice of assessment, a written request for a hearing before the Municipal Referee.
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(c) Such assessment shall constitute an automatic, perpetual lien in the several
amounts assessed against each property from the date the assessment became due
until paid. Such liens shall have priority over all other liens except general taxes and
prior special assessments. In case any such assessment that has not been set for
hearing pursuant to subsection(b)is not paid within thirty(30)days after it has been
certified by the Director of Neighborhood and Building Services and billed by the
Financial Officer or his designee to the owner by deposit in the United States Mail,
addressed to the owner of record at the address as shown on the tax rolls of the
Larimer County Assessor, or such other,more recent address as may be available to
the City, and any agents, representatives or occupants as may be known, the
Financial Officer, or his designee shall be authorized to certify to the County
Treasurer the list of delinquent assessments,giving the name of the owner of record,
the number of the lot and block and the amount of assessment plus a ten(10)percent
penalty. The certification shall be the same in substance and in the same form as
required for the certification of taxes.The County Treasurer,upon the receipt of such
certified list, is hereby authorized to place the same upon the delinquent tax list for
the current year and to collect the assessment in the same manner as taxes are
collected with such charges as may by law be made by the County Treasurer and all
laws of the state for the assessment and collection of the general taxes, including the
laws for the sale of property for unpaid taxes, shall apply to and have full force and
effect for the collection of all such assessments.Notwithstanding the foregoing,if the
offending property is not subject to taxation,the City may elect alternative means to
collect the amounts due pursuant to this Article, including the commencement of an
action at law or in equity and, after judgment, pursue such remedies as are provided
by law.
Section 24. That Section 20-102 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Section 25. That a new Section 20-107 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows:
Sec. 20-107. Violations and penalties.
Any person who violates any provision of this Article commits a civil
infraction and is subject to a civil penalty, costs and fees as provided for in § 1-15.
If a person commits three(3)or more violations in twelve(12) consecutive months
of any provision of this Code classified as a civil infraction, the third such violation
and any subsequent violations within said twelve(12) month period shall constitute
a misdemeanor criminal offense and shall be subject to a penalty or imprisonment,
costs and fees and any other orders imposed in accordance with § 1-15.
Section 26. That Section 24-21 of the Code of the City of Fort Collins is hereby
amended to read as follows:
See. 24-21. Removal of snow and ice required, lien.
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(a) The owners or occupants of property abutting upon or adjacent to sidewalks
within the City shall at all times keep the sidewalks abutting upon or adjacent to the
lot or lots owned or occupied by them free and clear of snow and ice. If any such
owners or occupants shall fail to remove the snow and ice from the sidewalks
abutting upon or adjacent to their property within twenty-four(24) hours after the
accumulation of snow and ice, then the City may at once have the hazard corrected
by removal of snow and ice from the sidewalk or by the application of abrasive
material; and the cost, including inspection and other incidental costs in connection
therewith, including the costs for carrying charges and costs of administration, shall
be assessed against the property abutting upon or adjacent to the snow obstruction
and the owner thereof.
(b) If the property owner contests the declaration of nuisance and/or the
assessment of costs, s/he shall file a written request with the Director of
Neighborhood and Building Services, within ten (10) days from the service of a
notice of assessment, a written request for a hearing before the Municipal Referee.
(c) Such assessment shall constitute an automatic, perpetual lien in the several
amounts assessed against each property from the date the assessment became due
until paid. Such liens shall have priority over all other liens except general taxes and
prior special assessments. In case any such assessment that has not been set for
hearing pursuant to subsection(b)is not paid within thirty(30)days after it has been
certified by the Director of Neighborhood and Building Services and billed by the
Financial Officer or his designee to the owner by deposit in the United States Mail,
addressed to the owner of record at the address as shown on the tax rolls of the
Larimer County Assessor, or such other,more recent address as maybe available to
the City, and any agents, representatives or occupants as may be known, the
Financial Officer, or his designee shall be authorized to certify to the County
Treasurer the list of delinquent assessments,giving the name of the owner of record,
the number of the lot and block and the amount of assessment plus a ten(10)percent
penalty. The certification shall be the same in substance and in the same form as
required for the certification of taxes.The County Treasurer,upon the receipt of such
certified list, is hereby authorized to place the same upon the delinquent tax list for
the current year and to collect the assessment in the same manner as taxes are
collected with such charges as may by law be made by the County Treasurer,and all
laws of the State for the assessment and collection of the general taxes, including the
laws for the sale of property for unpaid taxes, shall apply to and have full force and
effect for the collection o f all such assessments.Notwithstanding the foregoing,if the
offending property is not subject to taxation, the City may elect alternative means to
collect the amounts due pursuant to this Article, including the commencement of an
action at law or in equity and, after judgment, pursue such remedies as are provided
by law.
Section 27. That Section 24-22 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
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Section 28. That Section 27-56 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-56. Right of entry.
In order to accomplish the purposes of this Division, the City Forester,
officers as defined in § 19-66 or any contractor hired by the City Forester is hereby
authorized to go upon any public or private property within the City for the purpose
of inspecting trees or shrubs. Subject to the notice and hearing requirements of this
Division, the City Forester or a contractor hired by the City Forester is also
authorized to go upon any public or private property in the City for the purpose of
cutting,trimming,pruning and/or removing trees or shrubs that the City Forester has
determined present a danger to persons using, or property located upon, the public
rights-of-way or other City-owned property within the City, or in order to treat or
eliminate a destructive or communicable disease or insect infestation.
Section29. That the title of Section 27-57 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 27-57. Duty of property owner to prune or remove trees or shrubs.
Section 30. That Section 27-58 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec.27-58. Control of tree diseases or insect infestations on private property.
Upon notification by the City Forester in accordance with § 27-59 , the
property owner of property upon which is located a tree afflicted with any destructive
or communicable disease or insect infestation which endangers the growth, health,
life or well-being of trees in the City, or which is capable of causing an epidemic
spread of communicable disease such as Dutch elm disease or insect infestation shall
eradicate, remove or otherwise control such condition within the time period
specified in such notice.
Section 31. That Section 27-59 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec.27-59. Notice of violation; removal authority and procedure; lien on the
property.
(a) The City Forester is authorized and directed to give notice to any owner that
is in violation of any provision of this Article. In addition, officers as defined in §
19-66 are authorized and directed to give notice to any owner or occupant that is in
violation of§§27-18, 27-57(a)(1-4)or 27-58. Such notice shall be personally served
upon such person, or, if not personally served, conspicuously posted upon the
property and also deposited in the United States mail, addressed to the owner of
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record at the address on the assessment roll of the Larimer County Assessor or at
such other, more recent address as may be available to the City. With respect to
occupants, notice may be mailed to the address of the property so occupied.
(1) The notice shall state that if the offending trees, parts of trees, or shrubs are
not pruned, trimmed, treated, removed or otherwise controlled as required
within fourteen(14)days or within any longer time period as specified by the
City Forester, a civil citation may issue and the work may be done by the
City and any costs,including the cost of inspection,and other incidental costs
in connection therewith and the costs for carrying charges and costs of
administration will be charged against the property, in addition to any other
penalty and costs or orders that may be imposed.
(b) If the trees or shrubs have not been brought into compliance with this Article
within fourteen(14) days or within any longer time period as specified by the City
Forester,from the date of the notice,the work may be done by the City,either by City
personnel or by private contractors, as the City Forester shall determine and a civil
infraction citation may be issued. In the event of abatement by the City, the cost,
including inspection, other incidental costs in connection therewith, and an amount
for carrying charges and administration may be assessed against the property owner,
in addition to any fines, penalties, costs and fees imposed.
(c) Such assessment shall constitute an automatic, perpetual lien in the several
amounts assessed against each property from the date the assessment became due
until paid. Such liens shall have priority over all other liens except general taxes and
prior special assessments. In case any such assessment that has not been set for
hearing pursuant to §27-60 is not paid within thirty (30) days after it has been
certified by the Director of Neighborhood and Building Services or City Forester and
billed by the Financial Officer or his designee to the owner by deposit in the United
States Mail,addressed to the owner of record at the address as shown on the tax rolls
of the Larimer County Assessor or such other, more recent address as may be
available to the City, and any agents, representatives or occupants as maybe known,
the Financial Officer, or his designee shall be authorized to certify to the County
Treasurer the list of delinquent assessments,giving the name of the owner of record,
the number of the lot and block and the amount of assessment plus a ten(10)percent
penalty. The certification shall be the same in substance and in the same form as
required for the certification of taxes.The County Treasurer,upon the receipt of such
certified list, is hereby authorized to place the same upon the delinquent tax list for
the current year and to collect the assessment in the same manner as taxes are
collected with such charges as may by law be made by the County Treasurer and all
laws of the State for the assessment and collection of the general taxes, including the
laws for the sale of property for unpaid taxes, shall apply to and have full force and
effect for the collection of all such assessments.Notwithstanding the foregoing,if the
offending property is not subject to taxation, the City may elect alternative means to
collect the amounts due pursuant to this Article, including the commencement of an
22
action at law or in equity and,after judgment, pursue such remedies as are provided
by law.
Section 32. That Section 27-60 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Section 33. That Section 27-61 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-60. Time limit for compliance; appeals; hearings.
Upon receipt of a notice given by the City Forester pursuant to§ 27-57, § 27-
18 or§ 27-58,the property owner shall have the right to contest the order of the City
Forester to the Municipal Court Referee by filing with the Municipal Court Referee
a petition for review at the office of Neighborhood & Building Services . A written
request for a hearing before the Municipal Court Referee must be submitted within
five(5)days from the date of service of the order. Pending a final determination by
the Municipal Court Referee, the property owner need not complete the work
required to be done by the City Forester,unless such work involves a violation of §
27-57 (a)(5). If the Municipal Court Referee sustains all or any part of the order of
the City Forester, the Municipal Court Referee shall set the time within which the
required work shall be completed,and the propertyowner must complete the required
work within such time.
Section 34. That Section 27-62 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-61. Noncompliance with notice; liability of property owners.
(a) If a property owner fails to accomplish any work required under § 27-18, §
27-57 or§ 27-58 within the time specified on a notice given by the City Forester,and
the property owner has not contested the notice to the Municipal Court Referee as
provided in § 27-60,the City Forester shall cause the work to be done pursuant to §
27-59 (b), and the property owner must reimburse the City for all costs pursuant to
§ 27-59(c).
(b) If the City Forester has caused a property owner to be assessed the costs of
complete tree removal, and such property owner is unable to pay the cost of such
work within thirty(30)days,the property owner and City Forester may enter into an
agreement for the payment of the same in monthly installments over a period not to
exceed three (3) years. Any unpaid balance due under such agreement shall bear
interest at the rate of six (6) percent per annum.
Section 35. That Section 27-63 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
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Section 36. That Section 27-64 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Section 37. That a new Section 27-62 is hereby added to the Code of the City of Fort
Collins and reads in its entirety as follows:
Sec. 27-62. Violations and penalties.
Any person who violates H 27-18, 27-18(a)(1-4),or 27-58 commits a civil
infraction and is subject to a civil penalty, costs and fees as provided for in § 1-15.
Any person who commits three (3) or more violations in twelve (12) consecutive
months of any provision of this Code classified as a civil infraction, the third such
violation and any subsequent violations within said twelve(12)month period shall
constitute a misdemeanor criminal offense and shall be subject to a fine or
imprisonment,costs and fees and any other orders imposed in accordance with§ 1-
15.
Introduced, considered favorably on first reading, and ordered published this 5th day of
December, A.D. 2006, and to be presented for final passage o e 19th day of December A.D.
2006.
J �
Mayor
TTEST:
City Clerk
Passed and adopted on final reading on the 19th day of December, A.D. 2006.
Mayor
ATTEST:
City Clerk
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