HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/22/2006 - NUISANCE ORDINANCE DECRIMINALIZATION DATE: August 22, 2006 WORK SESSION ITEM
STAFF: Teresa Ablao FORT COLLINS CITY COUNCIL
Felix Lee
Beth Sowder
SUBJECT FOR DISCUSSION
Nuisance Ordinance Decriminalization.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
This work session will focus on staff recommendations to change certain violations of nuisance-type
ordinances found in the City Code from criminal misdemeanors to civil infractions.
Staff seeks direction and answers from Council in response to the following questions:
1. Does Council wish to decriminalize certain nuisance violations, as recommended?
2. If so, does Council agree with the proposed timeline to do so?
BACKGROUND
Currently, all violations of the City Code (except the occupancy ordinance) are criminal
misdemeanors, subject to a penalty of a S1,000 fine and up to 180 days in jail. A conviction results
in a criminal record. For more than a year, staff from Code Compliance,Neighborhood&Building
Services, Zoning Services, City Attorney's Office, Engineering, and Forestry has collaboratively
discussed decriminalizing certain code sections in order to more effectively enforce violations that
adversely affect the livability in City neighborhoods, such as:
• Collection and disposal of refuse and rubbish.
• Weeds, Outdoor Furniture and Outdoor Storage restrictions, Storage of inoperable
motor vehicle restrictions and Parking on unimproved surfaces.
• Sidewalk snow and ice removal and signs in the right-of-way.
• Pruning or removing trees or shrubs overhanging streets and sidewalks.
After researching other communities that have made nuisance violations civil,staffbelieves the City
could achieve more efficient and effective enforcement if civil citations could be written for
violations of City nuisance regulations. Staff recommends specific revisions to the City Code, as
outlined below, to change some violations from a criminal misdemeanor to a civil infraction.
Code Changes
Most of the changes necessary to decriminalize portions of the code are in Chapter 19, relating to
Municipal Court,hearing and citation or enforcement procedures.Individual provisions for specific
nuisance violations will also be amended. (Attachment 1).
August 22, 2006 Page 2
The changes are summarized as follows:
Chapter 1 these amendments primarily incorporate and applypenalty and culpability provisions
to civil infractions.
Chapter 19 these revisions include adding a procedure for issuing a civil citation and appearing
before a hearing officer. Contesting the citation or the costs assessed for abatement
would be heard by a hearing officer rather than the City Manager or a separate
review board. In addition, the draft ordinance changes clarify the procedure for
collection and liens,and stipulate that after two violations of any ordinance classified
as a civil infraction, any subsequent violations become criminal.
Chapter 12 these amendments pertain to the collection and disposal of refuse and rubbish.
Chapter 20 these amendments pertain to certain sections including Weeds and Rubbish, Outdoor
Furniture restrictions,Outdoor storage restrictions,Unsheltered storage ofinoperable
motor vehicle restrictions, and Parking on unimproved surface prohibited.
Chapter 24 these amendments pertain to the removal of snow and ice, as well as repealing the
section involving signs in the ROW (such violations are covered in Chapter 17
already)
Chapter 27 These amendments pertain to the duty of the property owner to prune or remove trees
or shrubs.
As with criminal summonses, civil citations still require a property owner or tenant to correct the
violation, while also assessing a fine for the violation. This fine would increase with repeat
violations and would be a financial incentive for property owners to avoid further nuisance
violations.
Costs Involved
A Hearing Officer is necessary for the civil citation process. The need for a Hearing Officer was
initially recognized during discussions regarding the occupancy ordinance.Budgeting for Outcomes
(BFO)offer#230,"Innovative Neighborhood Code Enforcement',includes hiring a Hearing Officer
for approximately 10 hours per month to hear both civil infractions and occupancy cases. These
costs are already accounted for and will be continued in future BFO offers as the need continues.
Because the increase in administrative costs is unknown, they have not been accounted for in the
current BFO offers,but these costs should be directly relative to the number of civil citations issued
and the number of cases set for hearing. At least some of the costs could 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 then analyze whether there is a need for increased staff and resources
as staff evaluates the number of civil citations and the amount of increased workload that may bring.
August 22, 2006 Page 3
Discussion
Due to concerns that decriminalizing certain nuisance violations may result in repeat offenses ifonly
a financial penalty is involved, staff recommends implementing a progressive system wherein the
first two(2)violations of a within a 12 month period would be civil infractions(which would result
in a fine and compliance order) and any subsequent violations of a provision classified as a civil
infraction within a 12-month period would result in the issuance of a misdemeanor summons. At
the outset, this progressive penalty compliance tool employs a strategy that provides the financial
deterrent of an immediate fine without the possibility of jail or a criminal record,while concurrently
discouraging repeat nuisance violations and encouraging initial compliance. The `safety valve' in
this hybrid approach is that Code Compliance staff would retain the ability to charge a violation as
a criminal misdemeanor and the possibility of jail and a criminal record to be used when the civil
penalties have clearly not curbed the violations. The citations could be issued to either the property
owner and/or tenants.
The amount of any fine is set by the Municipal Court Judge. Staff will recommend to the Judge that
the fine for civil infractions 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 criminal
misdemeanor, the fine would be $500 up to $1000.
Staff recommends that the fines generated from the civil citations be earmarked as revenue in the
General Fund as a Code Enforcement/Neighborhood &Building Services revenue line item in the
City accounting system. Revenue would thus be returned for use through appropriations to help
offset the ongoing public expense of funding of our Neighborhood Code Compliance services.This
funding mechanism is very similar to the procedure used by Parking Enforcement, with their fines
going into the Transportation Fund.
Staff envisions the enforcement and administrative hearings will operate as follows:
1. Violation inspected—a notice of violation is sent to owner of record (and tenant if
possible)
a. If repeat violation, citation may be issued immediately
b. If not repeat violation, a notice will be sent and inspector will re-inspect for
compliance before issuing citation.
2. If the violation is corrected by the due date—case closed.
3. If the violation is not corrected by the due date:
a. abate the violation and bill the property owner for the cost plus
administrative costs and a civil citation may be issued, OR
b. continue issuing civil citations until the violation corrected
4. Upon a 3rd violation within 12 months,the inspector may issue a criminal summons
to appear in municipal court.
5. If the civil citation is contested,a hearing will be set for the Hearing Officer to make
a determination.
August 22, 2006 Page 4
Denver has experienced an increase to its compliance rate of 65% since they started issuing civil
citations in June 2004. In addition, over$320,000 in fines have been collected after issuing 2,168
civil citations (with $900,000 still owed to the City of Denver in the form of property liens).
Although, it is unlikely that there would be the same volume of citations in Fort Collins, Denver's
decriminalization experience provides very compelling supporting data.
The pros of changing certain provisions from criminal to civil are:
• Faster, more efficient enforcement
• No criminal record for violators (reduced stigma and possible long-term
consequences)
• Holds the violator accountable with a more appropriate consequence (e.g., no
criminal record for not shoveling sidewalk—instead pay a fine with fine increasing
if repeat violations)
• No jury trials which decreases taxpayer burden and expedites the process
• Service of civil citation may be easier than criminal summons
• Other communities that have used this process show an increase in compliance rates
• The approach would most likely be supported by property management community
The cons of changing certain provisions from criminal to civil are (unless repeat problem and
becomes criminal):
• Can't request jail time as a motivator for deterrence.
• Can't request a warrant if fines aren't paid or a violator fails to appear.
• Some community members may not like this change.
• Service of civil citation may still be somewhat difficult.
Outreach
Many stakeholders have been contacted(neighbors,property managers, and property owners)in an
effort to determine if the community would support this concept. All of the responses received so
far have indicated support for decriminalizing the nuisance provisions.We have also had a column
in the Coloradoan regarding this issue in order to ask for public input. Once staff has direction from
Council, a much stronger outreach effort will be made,including: Coloradoan columns, City News
articles, Neighborhood Newsletter, Colorado Apartment announcements, etc., so that people will
be informed about the changes prior to implementation.
NEXT STEPS
Should Council wish to move forward, the following dates have been reserved for 1st and 2nd
Readings of the Ordinance adopting the decriminalization changes:
November 7, 2006—City Council 1 st Reading of decriminalization changes to ordinances
December 5, 2006—City Council 2nd Reading
Implementation would occur 10 days following 2nd reading.
August 22, 2006 Page 5
ATTACHMENTS
1. Draft of Ordinance No. 2006, Providing for Decriminalization of Certain Code
Violations by Creating Civil Infraction Classification and Procedures for Violations Thereof.
2. Powerpoint presentation.
ORDINANCE NO . 12006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
PROVIDING FOR DECRIMINALIZATION OF CERTAIN CODE
VIOLATIONS BY CREATING CIVIL INFRACTION CLASSIFICATION
AND PROCEDURES FOR VIOLATIONS THEREOF
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That Section 1 - 15 (f) of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec . 1 - 15. General penalty and surcharges for misdemeanor offenses, traffic
offenses and traffic and civil infractions.
110
(f) Any person found responsible for a violation of this Code designated as a
civil infraction shall pay a civil fine of not more than one thousand dollars ($ 1 ,000 .)
plus costs, damages and expenses as follows :
( 1 ) A person found responsible by the Municipal Jut*Court or Referee for any
violation of this Code charged as a civil infraction shall pay the f7nepenalty
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 finepenalty plus all costs, expenses and
damages . In the event a defendant fails to pay a civil penalty, costs, damages
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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,
24 or 27 , is a violation of § § 5 -263 through -268 , 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. Any third or subsequent violation in twelve
( 12) consecutive months of a Code provision classified as a civil infraction
shall be deemed a misdemeanor offense.
Section 2 . That Section 1 - 19 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 1-19. Accountability; behavior of another ; complicity.
(a) A person is guilty of an offense or infraction described in this Code
committed by the behavior of another individual i£
( 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 whose behavior, because of duress,
legal incapacity or exemption, or because such individual was unaware of the
ifgalunlawful nature of the conduct in question or of the defendant' s
eriminaFpurpose, or because of any other factor which precludes the mental
state required for the commission of the offense or infraction in question.
(b) A person is legally accountable as 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
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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, or liable for, an offense or infraction described in
this Code if:
( 1 ) The conduct constituting the offense 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 high 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
corporation, and high managerial 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 .
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 of, or liable for, conduct constituting an offense or
infraction described in this Code which he or she performs or causes 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.
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Section 5 . That Section 12- 16 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 1246. 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 .
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 . However,
any person who violates any provision of this code classified as a civil infraction
three or more times in twelve ( 12) consecutive months or who violates any other of
the provisions of this Article commits a misdemeanor and is 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 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 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 or infraction which might result in the
assessment of points by the state Department of Revenue against the
violator' sresponsible party's driving license or privilege, and review of any costs for
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abatement or removal assessed for violation of a civil infraction provision of this
Code .
(b) The Referee shall be an attorney admitted to practice law in the state, have
a minimum of five 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, City Attorney's Office, and
Human Resources .
(d) The City Manager is authorized to appoint a designee to represent the City's
interest, with the advice and consent of the City Attorney's Office, in parking and
civil infraction proceedings heard by the Referee.
Section 8 . 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 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 or
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 court, nor may the
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,
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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 €mepenalty,
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 tmisance in ehapter 20,
violation of the Rental ffousing eode or is a violation of hand ese eode Sectio
3 . 8 . t6 mid was cormnitt%.d by an owner of the property as dcfincd in Eand use eode
Section ` _ '_ .2civil 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 violatorresponsible 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
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 :
Sec. 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 in the specified penalty in 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 :
Sec. 19-42 . Appeal of decisions .
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(a) Any defendant affected by an order or action of thea Referee, under the
authority of this Article, may appeal athe 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 .
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
Sec. 19-61 . In 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 for 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 .
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Sec. 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 commencing or 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 Court of guilt or liability
against any person for the commission of a civil infraction.
Officer shall mean a peace officer, code enforcement officer or inspector,
who is authorized pursuant to § 2-502(b) to enforce 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 who has violated a civil
infraction code provision, and, in the case 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 trial or hearing of civil infractions shall be to the Municipal Court or
Referee . No defendant found guilty or 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 finds a violation of a code section classified as a civil
infraction has the authority to serve a notice of violation to the responsible
party. Except as otherwise provided for in this code, the officer shall set a
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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, 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 is not required to
serve a notice of violation and may immediately serve a civil citation to a
responsible party, if there is reason to believe that the violation presents a
threat to the public health, safety, or welfare, if the violation is irreparable or
irreversible, or if the violation is a second or subsequent violation.
(2) The citation form shall include, but not be limited to, the following :
a. Date and time of issuance.
b . Name and signature of enforcement officer or inspector.
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.
£ Amount of the applicable civil penalty and costs, assessments and
fees .
g. Procedure for the defendant to follow to pay the civil penalty, costs,
assessments and fees or to contest the citation.
h. Notice that additional citations may be served for each day that the
applicable violation is found to exist.
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 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 working address .
(4) The officer shall attempt to serve the citation to a responsible party at the
site of the violation. If a responsible party is not located, 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
also shall be left with any adult person residing or working at the site, or if
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 involves a vehicle as the nuisance, then a copy of the
citation shall be posted in a conspicuous place on the property or attached to
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the vehicle, respectively.
(5 ) The officer or inspector shall attempt to obtain the signature of the person
receiving the citation, however, if the person fails or refuses to sign the
citation, such failure or refusal shall not affect the validity of the citation and
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 Director or, in the case of a forestry
code violation, the Forestry Director, shall accept payment of a civil citation from
a defendant if payment is made within the ten ( 10) days following service of the
citation. 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) At the time of payment, the defendant shall sign a waiver of rights and
acknowledgment of guilt or liability or tender a no contest plea.
(c) Such payment shall constitute an entry and satisfaction of judgment.
(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 the defendant wishes to contest the citation, he or she, within ten ( 10) days
of service of the citation, shall file a written request with the Neighborhood and
Building Services Director for a hearing before the Municipal Court or 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 misdemeanor offenses tried to the Municipal Court, 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 Referee or Municipal Court
may subpoena witnesses, documents or other evidence where the attendance of the
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witness or the admission of evidence is necessary to decide the issues at the hearing.
The service of a subpoena shall be by first class mail if the person to whom it is
directed waives personal service . No fees or mileage need be tendered with service
by mail. If the person to whom a subpoena is directed does not waive personal
service, the issuance and service of a subpoena shall be as provided in Rule 217,
C .M . C .R. , except as otherwise provided in this rule . All costs related to the
subpoena, including witness and mileage fees, shall be borne by the party requesting
the subpoena.
(b) Discovery shall not be available prior to hearing.
(c) At the time of hearing, the defendant shall be entitled to inspect all
documents prepared by the officer which the officer intends to use in the presentation
of evidence.
Sec. 19-70. Judgment and procedures after hearing.
(a) If the civil infraction(s) are proven by a preponderance of the evidence, the
Municipal Court or Referee shall find the defendant guilty or liable and enter
appropriate judgment. If, however, the civil infraction is not proven by a
preponderance of the evidence, the Municipal Court or Referee shall dismiss the
charge and enter appropriate judgment.
(b) If the defendant is found guilty or liable, the Municipal Court or 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 Director or Clerk 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
(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 Court or Referee only upon
11
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 Sec . 19-39(b) .
(b) The 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 fording of guilt or 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 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, asking for judgment based thereon, and 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 and legal interest.
Sec. 19-76. Right of Entry.
Violations of this code classified as a civil infraction is a nuisance and a
serious danger to the health and safety of citizens of the city. Code Enforcement
officers and inspectors with probable cause to believe that there exists a civil
infraction violation upon any premises, have the authority to enter and inspect the
premises or abate the violation. If entry is refused or if, after reasonable efforts to
contact the property owner or tenant, the tenant or property owner fails to respond
or consent, the Code enforcement officer may seek a warrant from the Municipal
Judge to secure entry for inspection or abatement.
12
Section 13 . That Section 20-41 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 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 €eeowner 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 lease or tenancy, to possession of the premises .
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. Nnisance declared , regulations.Weeds and rubbish nuisances prohibited.
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. 2042 . 5. Outdoor furniture restrictions 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. 2043. Wildlife habitat, certified natural areas and compost
Eexceptions.
Section 17 . That Section 20-44 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec . 2044. Notice of
violations removal authority and procedures assessment lien on
the property.
(a) The Neighborhood and Building Services Director and any
officer, as such is defined in Section 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 owner of record at the address
13
on the assessment roll of the Larimer County Assessor or at such other, more recent
address as may be available to the city.
( 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, ita civil citation will
issue and the removal will be done by the city and theany 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 an amount not to exceed one hundred ( 100) percent of 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 City
ManagerMunicipal Court or 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.
(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
(with respect to rubbish only) if the owner has not requested a hearing before the
eity Municipal Court or 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 Eity
ManagerNeighborhood and Building Services Director 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 an amount not to exceed one hundred
( 100) percent of 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, purnsant to the appheable provisions of ehapter -2-2 pertaining to public
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, further, that such material
removed shall be stored by the city until such time as the eity Manager (or an
Referee holds the hearing and
14
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
eity 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 city ManagerlReferee 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) Stic 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
to the Financial Officer by the eity 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 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. Administrative Tevievv of ass essineirtViolations and penalties .
(a) Amy owner who disputes the amount of such assessment made against stich
ownerys property may, within thirty (30) days of receipt oftiotice of such asscsstnciit�
petition the Director of Trmisportation Services fol a I V, V 1 ,51011 Or Modification of such
assessment.
15
hearing,(b) Such petition shall be in writing, delivered to the eity elerk, and the facts an
figures submitted shall be submitted under oath either in writing or orally at
hearing sehedtfled by the Direetor of Transportation Services . Unless th
specifically requcsts a ficaring, thc Director of Transportation Scrviccs shall make
his or her determination based upon the facts submitted in writing with the petitio
and the faets presented by the eity staff-. The
shall take plaee in the
if any,
Article .eity; and notice thercof and the proccedings shaff otherwise be in accordance Witt
the rules and regniations issved by the Dircctor of Transportation Scrviccs . The
petitioner shall have the burden of proving that a revision or modification is
order to preserve substantial justiee .
(c) Within thirty (30) days after the fifing of the petition, thc Director o
Transportation Services shall make findings of faet based upon all relevant,
information and shall make a deeision based upon stieh findings and, if
modify stich assessment accordingfy. Stich decision shaft be considered a final orde
of the Director of Transportation Set V IMS .
(d) Every decision of the Direetor of Transportation Services shall be ix� VT
m7d notice thercof shall be mailed to or served npon the petitioner within fourteen
( 14) days from the date of such decision. Service by certified maif, return rcccip
requested, shall be conclusive evidence of serviee for the purpose of this
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) and 0 ) or who
commits three or more violations of any other provision of this Code classified as a
civil infraction in twelve ( 12) consecutive months commits a misdemeanor and is
subject to a penalty or imprisonment, costs and fees and any other orders imposed
in accordance with § 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. Public nuisances not exeinp 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 :
Sec. 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,
16
neglects or refuses to abate the nuisance is commits a
civil infraction. A separate offense shall be deemed committed on each day during
or on which a violation occurs or continues. The imposition of any sentence
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.
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 .
However, any person who commits three or more violations of any provision of this
Code classified as a civil infraction in twelve ( 12) consecutive months commits a
misdemeanor and is subject to a penalty or imprisonment, costs and fees and any
other orders imposed in accordance with § 1 - 15 .
Section 22 . 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 . However, any person who commits three or more violations of any provision
of this Code classified as a civil infraction in twelve ( 12) consecutive months
commits a misdemeanor and is subject to a penalty or imprisonment, costs and fees
and any other orders imposed in accordance with § 1 - 15 .
Section 23 . That Section 20- 101 of the Code of the City of Fort is hereby amended to read
as follows :
Sec . 20- 101 . Removal by city; lien.
17
(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 carrying charges and costs of administration, shall be assessed against
the property abutting upon or adjacent to the snow obstruction,
and
owner thereof.
(b) Such assessment shall eonstitute all autuiiiaLi� , perpetual fien in the se
amounts assessed against cach property ftom the date the assessment bccante dtte
tintil paid . Stich liens shall have priority over all other liens except general taxes an
prior speeial assessments . fn ease any stich asses mid within thirty (30)
days after it has been certified to the Financiaf Officer by tfic eity manager an
billed by the Financial E)fficer to the owner by deposit in the enited States Mail,
addressed to the owner of record at the address as shown on the assessment roll o
the harimer eounty Assessor, the Financial Officer shall be authorized to certify to
ttic eonnty Treasmer the list of defiliquent assessments , giving the nanic of the
owner of record, the tmnther of thc fot and block and the amolunt of assessinctit pivs
a ten-percent penalty. The certification shall be the saine in substance and in the
saine form as required for the certification of taxes . The eounty Treasurer, upon the
receipt of stich certified fist, is hereby anthorized to pface the same Upon the
definquctit tax fist for the cnrrctit ycar and to coffect the special assessinctit in the
saine manner as taxes are collected with such charges as may by law be made by the
Treasurer. All the laws of the State for the assessment and collection of the general
taxes � including the laws for the sale of property for unpaid taxes , shalf apply to an
have H! form and cff-ect for the coltection of all such assessments . If the property
owner contests the declaration of nuisance and/or the assessment of costs, s/he shall
file a written request to the Director of Neighborhood and Building Services, within
ten ( 10) days from the service of a notice of assessment for a hearing before the
Municipal Court or 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 assessment roll of
the Larimer County Assessor, 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
18
amount of assessment plus a ten-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 special
assessment in the same manner as taxes are collected with such charges as may by
law be made by the Treasurer. All the 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.
hearing,(a) Any owner who disputcs the amolant of snch assessment madc against StIct
Ownerys property may, within thirty (30) days of receipt of notice of stich assessment,
petition the Director of Transportation Services for a revision or modification of sue
(b) Such petitions shall be in writing, delivered to the eity elerk; and the fficts
and figures submitted shall be submitted under oath either in writing or orally at an
hearing scheduled by the Director of Transportation Services . Unless th
his or her determination based upon the facts submitfed in writing with the petitio
and the fkts presented by the eity staff-. The if any,
eity; and notice thereof and the proceedings shall otherwise be in accordance with
petitioner shall have the burden of proving that a revision or modification is
order to preserve substantial justice .
(c) Within thirty (30) days after the filing of thc petition, thc Dircctor o
Transportation Services shall make findings of fkt based upon all relevant
information and shall make a decision based upon stich findings and, if
modif such assessment accordingly . Such decision shall be considered a final orde
of Director of Transportation Scrviccs7,
(d) Every decision of the Director of Transportation Services shall be in writing,
and notice thereof shall be mailed to or served upon the petitioner within fourtee
( H) days from the date of such decision. Service by certified maif, retttrn reccip
requested, shall be conclusive evideticc of service for the purpose of this shall take place in the
19
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 .
Any person who commits three or more violations of any other provision of this
Code classified as a civil infraction in twelve ( 12) consecutive months commits a
misdemeanor and is subject to a penalty or imprisonment, costs and fees and any
other orders imposed in accordance with § 1 - 15 .
Section 26 . That Section 24- 1 of the Code of the City of Fort Collins is hereby amended
to read as follows and the remaining subsections of Section 24- 1 to be renumbered accordingly :
Sec. 24-1 . Signs on streets, sidewalks and public rights-of-way prohibited,
removal; exceptions ; permit.
(a) ,
right-of-way
§ f 7 -4-2 , or other area owned by the eity.
(b) if at any time ttie eity Engineer finds a sign pfaced or erected in violation o
notify the sign owner that the sign will be disposed of if not collected by the sig
ner within ten ( f 0) days . f f the sign owner cannot be ascertained or the sign owne
ffiils to coffect the sign after notice, itie eity Engineermay dispose of the sxizn�x xix� �X�J
titter, notwithstanding thc if § -23 - f 30 , in addition to issuing a Citation
for violation of this secfi-am.
to —Notwithstanding the provisions of Section 17-
42 , the following signs shall be permitted on streets, sidewalks and other areas
owned by the City :
Section 27 . That Section 24-21 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 24-21 . Removal of snow and ice required, lien.
(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
20
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, and an amount not to exceed twenty (20) pereent of the costs for carrying
charges and costs of administration, shall be assessed against the property abtAting
upon or adjacent to tile sidcwalks and the owncrs , ptirsuant to the appficable
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 owner thereof.
(b) Such asscssmcnt shall constitute an automatic , perpctual ficn in the several
amotints assess d against each property from the date the assessment became dtte
until paid. Stich fictis shaff have priority over att other fiens except gencral taxes an
prior special asscssments . fn case any snch assessnictit is not paid within thirty (30)
days after it has bcen certificd to the Financial Officer by the eity Manager an
billed by the Financial Officer to the owner by deposit in the United States Mail,
addressed to the owner of record at the address as shown on the assessment roff 0
the eounty Trcasurcr the list of delinquent assessmcnts , giving the namc of the
owner of record, the tyumber of the lot and block and the amount of assessment phis
a ten-percent penalty. The certification shall be flie same in substance and in tile
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 special assessment in the
same manner as taxes are collected with such charges as may by law be made by the
Trcasnrcr . Aff the hrms of thc State for the assessment and collection of the gencral
taxcs , including the laws for the sale of property for unpaid taxes , shall apply to an
have full force and effect for the collection of alit such If the property
owner contests the declaration of nuisance and/or the assessment of costs, s/he shall
file a written request to the Director of Neighborhood and Building Services, within
ten ( 10) days from the service of a notice of assessment for a hearing before the
Municipal Court or 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 assessment roll of
the Larimer County Assessor, the Financial Officer, or his designee shall be
21
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-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 special
assessment in the same manner as taxes are collected with such charges as may by
law be made by the Treasurer. All the 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 28 . That Section 24-22 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
See. 24-22. Administrative review of assessinent.
(a) Any owner who disputes the amount of stich assessment made against stte
owner is property may, within thirty (30) days of receipt of notice of such assessment,
petition the Director of Transportation Scrviccs for a IC V 131011 VI Modification of such
asset.
hearing,and figurcs sttbinitted shall bc submitted undcr oath cifficr in Writing or orally at a
hearing scheduled by the Director of Transportation Services . Unless the petitio
specifically requests a hearing, the Director of Transportation Services shall make
his or her detennination based upon the facts submitted in writing with the
if any,
shall take pface in tile
eity; and notice thereof and the proceedings shall otherwise be in accordance wit
the rules and regulations issued by the Director of Transportation Services . The
petitioner shall have the burden of proving that a tevision or modification is
=C%Maly in order to prcscrve snbstantiaf justice .
(c) Within thirty (30) days after the fifing of the petition, the Director o
Transportation Services shall make findings of f�ct based upon aff relevant
information and shall make a dccision based upon mch findings and, if apprVPI la Im' ,
modif such assessment accordingly. Such decision shall be considered a final ordel-
of the Director of Transportation Set V
(d) Evcry dmision of the Director of Transportation Services shaff bc in Writing ,
and notice thereof shall be mailed to or served upon the petitioner within fourtee
22
( 14) days from the date of such decision. Service by certified mail, return receip
requested, shall be conclusive evidence of service for the purpose of this Article .
Section 29 . 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 Section 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.
Section 30 . 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,notice.
Section 31 . That Section 27-5 8 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 a tree or any parts of trees is
situated on the property that is 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 or insect infestation, such as Dutch elm disease, the-ei
Forester shall cause written notice to be served in accordance with §27-59 upon the
owner of the property upon which such diseased or infested tree is situated. Suc
noticeshall rcqttirc such property owncr to eradicate, remove or otherwise control
such condition within the time period specified in such notice .
Section 32 . That Section 27-59 of the Code of the City of Fort Collins is hereby amended
to read as follows :
23
Sec . 27-59 . Notice of violation;
removal authority and procedure ; lien on the property.
allow the property owner at least five (5 ) days to perform the work required after the
time the notice is served on the property owner, and shall state that, if fille work-
required is not done within the finic specified, ttic eity wiff ca-U:M it to be done at the
expciise of the property owner ,
(b) Service of the notice may be made by deli V �� xh�t) " � �Vy of such notice to the
record owner of such property, by leaving a copy of stich notice at stich owner's
ttsnal pf ace of abodc with some mcnTher of his or her f�nfily over the age of cightect
( f 8) years , or by first class mail sent to the address of the property owner as show
on the assessment roll of the eounty Assessor, or at such other, more recent address
as may be avaifable to tfic eity . fn case there is more than one ( f ) owner of the
- .
(c) ff the owner of any property cannot be found or contacted by any of the
methods described in Strbsection (b) , service may be made by posting a copy of stich
(d) Service by mail or by posting shall be completed five (5 ) days after the date
the notice is deposited in the inail or posted on tf=
(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, code officers as defined
in Section 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) and 27-58 . Such notice may 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 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.
( 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 an amount not to exceed one hundred ( 100)
percent of 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.
24
(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
not to exceed one hundred ( 100) percent of the costs 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 Section 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
assessment roll of the Larimer County Assessor, 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-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
special assessment in the same manner as taxes are collected with such charges as
may by law be made by the Treasurer. All the 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 33 . That Section 27-60 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Sec. 27-60. Compliance vvith notice vvithin specified tfine requix ed.
ft is unlawful for any person to ffii! to comply with the requirements of-mary
notice given pursuant to § -27 - 57 or § -27- 58 within the time specified in Snell
Section 34 . That Section 27 - 61 of the Code of the City of Fort Collins is hereby amended
to read as follows :
25
Sec. 27-6f0. 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 appeal contest the order of
the City Forester to the DirectorMunicipal Court Referee by filing with the
DireetarMunicipal Court Referee a notice that the property owner desires to
appealcontest such order. Such appeal must be submitted in writing to the DirectorA
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. ff arty property owner fil
a notice of appeal with the Director, the Director shall schedule a hearing on sue
appeal within ten ( f 0) days of the filing of the appeah The City Forester shall refer
the request to the Direction of NBS to ???? ?? ?? ????????? Pending a final
determination by the DirectarMunicipal 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 section 27-57 (a)(5) . If the DireetorMunicipal Court Referee
sustains all or any parts of the order of the City Forester, the DirectorMunicipal
Court Referee shall set the time within which the required work shall be completed,
and the property owner must complete the required work within such time. Any
further review of the Director's decision is by written petition to the Municipal Court
or Referee at the office of Neighborhood and Building Services .
Section 35 . That Section 27-62 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 27-621 . 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 appeale contested the notice to the Director as provided
in § 27-611 the City Forester shall cause the work to be done pursuant to § 27-59 (b),
and the property owner must reimburse the City for the all costs pursuant to § 27-
59(c)of the work. in addition, the eity may assess an amount not to exceed fifty (50)
percent of the costs for carrying charges and administration. The property owner
inust pay this additional arnount if so assessed. ff the eity Forester causes the wo
to be done, he or she shall send to the property owner at the last known address
statement assessing the amount to be collected. The property ovmer nmst pay any
such ainount within thirty (30) days after the statement is mailed.
(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.
26
Section 36 . That Section 27 - 63 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Treasurer,Sec. 27-63 . Assessment of claiin against property ovvizeiws;
UaTs
after it has becti billed by ttic eity Forestcr to the Owner by deposit in the effited
States mail addressed to the owner of record at the last known address , the eity
f�(m ester is hereby authorized to certif to the eounty Treasurer the list of del '
ring tile name of the Owner as it appears of record, the number of the
lot and Hock and the amotint of the assessment pffis a ten-percent penalty . The
certification is to be the same in substance and in form as required for th�-
UP011 MCCipt Of Stteh certified list
is hereby anthorized to pface it npon the tax list for the current year and to cotlect the
any charges as may by law be made by the eounty Treasurer and all laws of the State
for the assessment and collection of general taxes , including the laws for the sale o
property for taxes , and flik. redemption thercof shall apply to and have fult force an
the offending property is not subject to taxafion� the eity Forester may elee
alternative means to collect the amotints dtte pursuant to this Article , including the
COMMMiCeMent of an action at law ot n eqnity and, after judgment, purstre suc!
remcdics as are providcd by law .
Section 37 . That Section 27- 64 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Sec. 27-64. eollection of costs in addition to Penalties.
The imposition of atry penafty for a violation of this Division shall not be
construed aS a VvcLIV %,T Of the right of the eity to collect the cost of removal o
treatment of any tree, shiiib or Other plant in accordance with the rrovisions of this
Division.
Section 38 . 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 :
See. 27-62 . Violations and penalties .
Any person who violates § § 27 - 18 , 27-(a) ( 1 -4), and Sec . 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 violates any provision of this Code classified as a civil
infraction three or more times in twelve ( 12) consecutive months or who violates any
other section of this Article commits a misdemeanor and is subject to a fine or
27
imprisonment, costs and fees and any other orders imposed in accordance with § 1 -
15 .
28
Dri inaliz�tin
City of Fort Collins
Council Work Session
August 22, 2006
Direction S®ught
■ Does Council wish to decriminalize
certain nuisance code provisions?
■ If so, does Council agree with the
proposed timeline to of so?
Criminal Misdemeanors
4--
■ Currently, all city code violations are
criminal misdemeanors.
■ Up to $1,000 fine
■ 180 days in jail
■ Criminal record
Collaborative Approach
■ Departments included in discussion:
■ Code Compliance
■ Building
■ Zoning
■ Engineering
■ Forestry
■ Attorney's Office
Why changer m
criminal to civil?
4--
■ More efficient & effective enforcement
■ Positively affect the livability in
neighborhoods
■ Make the punishment better fit the
crime
. Violators assessed cost of enforcement
Code Changes — Chapter
� 19
■ add procedure for issuing a civil citation and
appearing before a hearing officer
■ Contested assessments heard by a hearing officer
rather than the City Manager
■ Clarify procedure for collection and liens
■ Stipulate that after 2 violations of any
provision classified as a civil infraction,
subsequent violations become criminal
Cade Changes
+■ Sec. 12-16 — Refuse & Rubbish Collection
■ Sec. 20-42 — Weeds & Rubbish
■ Sec. 20-42.5 — Outdoor Furniture Restriction
■ Sec. 20-42.6 — Outdoor Storage Restriction
■ Sec. 20-92 — Inoperable Motor Vehicles Prohibited
■ Sec. 20-105 — Parking on Unimproved Surface
Prohibited
■ Sec. 24-24 — Removal of Snow & Ice Required
■ Sec. 27-57 — Removal of Trees or Shrubs
Costs Involved
■ Hearing Officer — initially recognized
during discussions of occupancy
ordinance — effective January 1, 2007
■ Code Enforcement "Budgeting For
Outcomes" (BFO) offer included a
Hearing Officer for 10 hours per week
to cover both occupancy and civil
infractions
Costs Involved (Cont.)
■ Administrative costs — unknown and not
accounted for
■ Directly relative to the number of civil
citations issued and cases set for hearing
■ Some costs will be offset by penalty
assessments collected
■ 2007 — NBS will temporarily absorb costs
■ 2007 cost-revenue data will enable
evaluation of increased workload
Denver's Experience
■ Between June, 2004 and Jan. 2006
— 65% increase in compliance rate
— 2,168 civil citations issued
— Over $320,000 collected in fines
— Over $900,000 still owed to them in the
form of property liens
Civil to Criminal
■ Concern that repeat violations may occur if
only financial penalty is involved
■ Recommend the first 2 civil infraction
violations within 12 month period be civil
and any subsequent violations would result
in the issuance of a criminal misdemeanor
summons
■ Citations (civil & criminal) can be issued to
property owner and/or tenants.
Fines
■ Set by Municipal Judge
■ Staff will recommend to Judge that
fines for civil infractions be set at:
- $100 - 11t violation
- $300 - 2,,d violation
— Any subsequent violation be doubled
— Criminal - $500 up to $1,000
Revenue from Fines
■ Earmarked for Neighborhood &
Building Services in Code Enforcement
line item
■ Help offset expense of Code
Enforcement
■ This is very similar to procedure used
by Parking Enforcement
Civil Citation Procedure
-I-
■ Violation inspected (violation notice
sent to owner & tenant)
— If repeat violation, civil citation may be
issued immediately
— If not repeat violation, notice sent &
inspector will re-inspect for compliance
before issuing citation
■ If violation corrected — case closed
Procedure Cont,
■ If violation not corrected by due date:
— Abate violation and bill property owner (removal
costs plus administrative & inspection costs) and
civil citation may be issued, OR
— Continue issuing civil citations until violation
corrected
■ If 3rd violation within 12 months, may issue
criminal summons to municipal court.
■ If civil citation is contested, a hearing will be
set for the Hearing Officer to make a
determination.
The Pros
■ Faster, more efficient enforcement
■ No criminal record for violators
■ Holds violator accountable with a more appropriate
consequence
■ No jury trials which decreases taxpayer burden and
expedites the process
■ Service of civil citation may be easier than criminal
summons
■ Other communities show increase in compliance
rates
■ Supported by many community members
The Cons (unless repeat problem
and becomes criminal)
■ Can't use jail time as a motivator for
deterrence
■ Can't use warrant if they don't pay fine
or if fail to appear
. Some community members may not
like this change
■ Service of civil citation may still be
somewhat difficult
Outreach
4-
■ Many already contacted to get feedback:
— Neighbors, property managers, property owners, ASCSU
— Direct emails, Coloradoan column, meetings
■ Majority of feedback so far has indicated support
for this change
■ Once staff has direction from Council to move
forward, a much stronger outreach effort will be
made including:
— Coloradoan columns, City News articles, Neighborhood
Newsletter, Colorado Apartment Association
announcements, Citizen Education Series class, etc.
Next Steps
■ November 7, 2006 — 1st Reading
■ December 5, 2006 — 2nd Reading
*We rescheduled the 2nd reading so that it
wouldn't occur during Thanksgiving break
when many students will be gone.
■ Implementation to occur 10 days
following 2nd Reading.
Direction Sought
■ Does Council wish to decriminalize the
proposed code provisions?
■ If so, does Council agree with the
timeline to do so?