HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/05/2006 - FIRST READING OF ORDINANCE NO. 198, 2006, AMENDING 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 necessary for an estimated 10 hours per month to hear any contested civil
citations or abatement assessments . The costs have already been budgeted for the 2007 budget and
will be continued and/or increased in future budgets as necessary.
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 misdemeanors, subject to a penalty of$1,000 and up to 180 days in jail.
Decriminalizing certain additional Code sections will result in 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
December 5, 2006 -2- Item No. 27
BACKGROUND
Other communities that have made nuisance violations civil have achieved greater compliance and
enforcement of nuisance violations.' The recommended revisions to the City Code, as outlined
below,will change certain violations from criminal misdemeanors to civil infractions. At the work
session on August 22, 2006, Council directed staff to move 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
Municipal Court, hearing and citation enforcement procedures. Individual provisions for specific
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 contest citations or the costs assessed for abatement. hi addition,
the proposed amendments clarify procedures for collection and liens provide that,
after two violations in twelve (12) months of any ordinance classified as a civil
infraction, any subsequent violations could be cited 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.
Ch
apter ter 27 These amendments pertain to the duty of property owners to rune or remove trees
P P Y P P Y P
or shrubs that are encroaching on the right-of-way.
Civil citations will require the property owner or tenant to correct the violation,while also assessing
a fine for the violation. Fines will increase with repeat violations, creating a financial incentive for
property owners to avoid further nuisance violations.This system of progressive penalties provides
an immediate fine, while concurrently discouraging repeat nuisance 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. In 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 criminal misdemeanor, the fine would be from $500 to $1000.
Any fines assessed and collected from civil citations will be placed in the General Fund as a Code
Enforcement/Neighborhood and Building Services revenue line in the City accounting system and
reappropriated as necessary to help offset the ongoing public expense of funding Neighborhood
Code Compliance services.
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 staffbelieves 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 :
Section 1 . That Section 1 - 15 (f) ofthe Code ofthe City of Fort Collins is hereby amended
to read as follows :
See. 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 frnepenalty of not more than one thousand dollars
($ 1 ,000 .) plus costs, damages and expenses as follows :
( 1 ) A person found responsible by the Municipal JudgeCourt or Referee for any
violation of this Code charged as a civil infraction shall pay the fin-epenalty
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 fYnepenalty 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, through 5 --2Gg 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 off6nseviolation. 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 whosenot 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 i1leounlawful
nature of the conduct in question or of the defendant' s eriminahunlawful
purpose, or because of any other factor, which-precludesing 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 fob 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 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, mid high mManagerial 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 of, , conduct constituting an offense or liable
for conduct constituting an infraction described in this Code whic if he or she
per€armsengages 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 :
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 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 of
the—provisions of this Article also commits a misdemeanor. and isAll 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 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
which might result in the assessment of points by the State Department of Revenue
against the vialator'sresponsible parry'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 Attorney' s 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 :
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 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 finrpenalty,
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 imisance in ehapter 20 ,
violation of the Rental f to-using eode or is a violation of hand use eode Section
3 . 8 . f 6 and was committed by an owner of the property as defined in hand use e
Section ` ' . ^ 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. 1940. Record of proceedings and hearings.
A written record of all proceedings shall be maintained by the Referee. The
record shall contain the name of the alleged vorresponsible party, the date of the
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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 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 :
Sec. 19-42. Appeal of decisions.
(a) Any defendant affected by an final order or aetiarr judgment of thea Referee,
under the authority of this Article, may appeal athe Referee's final order or
aeti-aiijudgment to the Municipal Court by filing a written notice of appeal for suc
hearing with the Clerk of the Municipal Court within ten ( 10) days after the entry of
the final order or aetiarljudgment 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 ofafter the final order or
actim udgment 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.
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(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 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 .
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 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.
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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 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.
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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.
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. 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 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 Director or, in the case of a forestry
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.
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(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.
(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 .
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(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
(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. 1945. 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
- 13 -
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 and legal interest.
Sec. 19-76. Inspection.
(a) Whenever necessary to make an inspection to enforce any of the provisions
of this Article or any other section of the Code or Land Use Code or whenever the
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 €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 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
- 14-
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. Nuisance declai ed ; i egulations.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. 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
Eexceptions.
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 . Removal piocedum assessment of removal costsNoticeof
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, 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 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
- 15 -
notice shall also state that if said owner desires a hearing before the Cry
ManagerMunicipal 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
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 eity Manag irector
ofNeighborhood 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
to the applicable provisions of ehapter 22 pertaining to public improvemen
assessments. 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, fmtirerhowever, that such
material removed shall be stored by the City until such time as the
any lawfully authorized designee of the eity 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 eity NimiagerlReferee 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) SuchAny 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 Fitimi%.ial E)fficer 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
- 16-
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 Financial OfficerCity 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 assessine , Violations and penalties .
(a) Any owner who disputes the amount of such assessment made against stte
ownerys property may, within thirty (30) days of receipt of notice of such assessment,
assessmento
(b) Such petition shall be in wrifing, delivered to ttie eity elerk, and the fficts an
figvrcs svbmittcd shall bc stibmitted nndcr oath citficr in writing or orally at
hearing schcdnled by the Dircetor of Transportation Services . Unless the petitio
specifically requests a hearing, the Director of Transportation Services shall make
his or her determination based upon the f�cts submitted in writing with tile I I i I i
> if atry,
shall takc place in the
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 evision or modification is
(c) Within thirty (30) days after the fifing of the petition, the Director o
Transportation Services shall make findings of ffict based upon all relevant
information and shall make a decision based upon mch findings and, if appropriate,
modif such assessment accordingly. Such decision shall be considered a final ordcl-
of the Director of Transportation Set V
(d) Evcry dmision of the Director of Transportation Scrviccs Shall be in Writing,
and notice thereof shall be mailed to or served upon the petitioner within fourtee
- 17-
( f 4) days from the date of sveh deeision . Service by certified mail , returil I I L
requested, shall be concittsive evidence of service for the purpose of this Article .
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. 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,
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
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 .
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
- 18-
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 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 . 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 § 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.
(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, pursuant t
applicable provisions of Article fff of ehapter 22 pertaining to assessmell and the
owner thereof.
(b) Such assessment shall constittite an automatic, perpetual lien in the severa
amounts assessed against each property from the date the assessment became due
until paid. Such liens shall have priority over all other liens except gencral taxes an
prior special assessments . in case any such assessment is not paid within thirty (30)
days after it has been certified 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 roll o
- 19-
the harimer eounty Assessor, the Financial Officer shall be mthorized to certify to
the eounty Treasurer the list of delinquent assessments , giving the name of th�.@
owner of record, the ntm+er of the lot and block and the amotnit of assessment phis
a tcn-perccnt penalty . Thc certification shall be the sanic in slabstaticc and in tile
same form as required for the certification of taxes . The eounty Treasurer, upon the
receipt of such certified list, is hereby authorized to place the same upon the
definquent tax fist for the cnrrent year and to collect the speciaf assessment in the
sartic matincr as taxes arc collectcd with mch charges as may by law bc madc by tile
Treasurer. All the laws of the State for the assessment and collection of the general
taxesi including the laws for the sale of property for unpaid taxes , shall apply to an
have full force and effect for the coffection 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 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 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.
-20-
hearing,(a) Any owner who disputes the amount of sueh assessment made against stic
ownerys property may, within thirty (30) days of reeeipt of notiee of such assessment,
petition the Director of Transportation Serviees for a revision oil, lillodification of stiell
(b) Sueh petitions shall be in writing, delivered to ttie eity elerk; and the faets
hearing schednted by the Director of Transportation Services . t:ftiless the petitio!
speeifieally requests a hearing, the Direetor of Transportation Services shall make
his or her determination based upon the ffiets submitted in writing with the I I i I i
and the facts presented by ttie eity staff. The
Shall take place in the
if any,
Article .eity; and notice thercof and the proceedings shall otherwisc be in accordance Witt
the rales and regulations issued by the Direetor of Transportation Services . The
petitioner shall have the burden of proving that a MVISM11 or Modifieation is
11MM53aly in order to preserve snbstantiaf jttsticc .
(e) Within thirty (30) days after the filing of the petition, the Director o
Transportation Services shall make findings of faet based upon all relevant,
information and shall make a decision based upon snch findings and, if appropriate,
modify mch assessment accordingty. Stich decision shatt be considered a final order
of Director of Transportation Serviem.
(d) Every deeision of the Direetor of Transportation Serviees shall be in writing,
and notice thereof shall be mailed to or served upon the petitioner within fourtee!
( f 4) days ftom the date of mch decision. Service by certified mail, rctnrn reccip
requested, shall be eonchisive evidence of serviee for the purpose of this
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 :
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
-21 -
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, and an anionnt not to exceed twenty (20) percent of the costs for Carrying
chargcs and costs of administration, shall be asscsscd against the property abtitting
upon or adjaccnt to the sidcwalks and the owncrs , pursuant to the applicabic
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) Stich assessment shall constitute an a-utomatic , perpetual fien in the se
aniontits assessed against cach property ftom the date the assessinent becanic dtte
tintil paid . Sttch fictis shall have priority over all othcr fiens except gcncral taxes and
prior special assessments . fn case any stich assessment is not paid within thirty (30)
days after it has been certified to the Financial Officer by the eity Manager an
billed by the Financiat Officer to the owner by deposit in the enited States Mail ,
the harimer eounty 7kssessor, the Financial Officer shall be mthorized to certify to
the eounty Treasurer the list of delinquent assessments , giving the name of th�a.
owner of record, the titimber of the lot and Hock and the aniount of assessment Pitts
same form as required for the certification of taxes . The eounty Treasurer, upon the
receipt of stich certified list, is hereby authorized to place the same t1ron the
definquent tax fist for the current year and to collect the speciaf assessment in the
sanic matincr as taxes arc collectcd with mch charges as may by law bc madc 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 an
have full force and effect for the collection of afl, such 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 may be available to
the City, and any agents, representatives or occupants as may be known, the
-22-
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 27 . That Section 24-22 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
(a) Any owner who dispntes the aniotint of such assessment made against Such
owner I s property may, within thirty (30) days of rcccipt of notice of stich assessnicnt,
petition the Director of Transportation Services for a revision or modification of suclit
asset.
hearing,and figures submitted shall be submitted under oath either in writing or orally at a"
hearing scheduled by the Director of Transportation Services . Unless t!
specifically requests a hearing, the Director of Transportation Services Shall make
his or her dcternfirtation based upon the fficts svbmitted in writing with the petition
and the fficts presented by the eity staff-. The if any,
shall take place in the
eity; and notice thereof and the proceedings shall otherwise be in accordance wit
the rnfes and regulations issued by the Director of Transportation Services . The
y it! 01rder to preserve substantial justice .
(c) Within thirty (30) days after the fifing of the petition, the Director o
information and shall make a decision based upon stich findings and, if at I X
modif such assessment accordingly. Such decision shall be considered a final or
of the Director of Transportation Sel V IMS .
(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
-23 -
( 14) days from the date of such decision. Service by certified mail, return reccip
requested, shall be conchisive evidence of service for the purpose of this Article .
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.
Section 29 . 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 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, such as Dutch elm disease, the eity Forester shall cause written noti=a.
to be served in accordance with § 27-59 upon the owner of the property upon whic
such diseased or infested tree is situated. Such shall require such property
owner to 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.
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allow the property owner at least five (5 ) days to perform the work required after the
finic the noticc is scrvcd on the property owner, and shall statc that, if the Work-
expense of fille property owner.
ttsual place of abode with some member of his or her ffimily over the age of eightee
( f 8) years , or by first class mail sent to the address of the property owner as showt
on thc asscssment roll of ttic eontity7kssessor, or at such other, more recent address
as may be available to the eity. fn case there is more than one ( 1 ) owner of the
property, se i x Ay owner shall be adequate service upon all co-owners .
(c) ff the owncr of any property cannot be fontid or colitactcd by any of the
methods described in Subsection (b) , scrviec may bc madc by posting a copy of such
notice in a C Flace on the premises involved.
(d) Service by maif or by posting shaff bc completed five (5 ) days after thc date
the notice is depositcd in the mail or postcd on tht., FICITIMCS .
(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
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
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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 ofNeighborhood 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 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 32 . That Section 27-60 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Sec. 27-60. Compliance with notice vvithin specified time i equil ed.
it is unlawful for any person to fail to comply with the requirements of
notice given pursuant to § 27-57 or § 27-58 within the time specified in such notice .
Section 33 . That Section 27-61 of the Code of the City of Fort Collins is hereby amended
to read as follows :
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 DireetorMunicipal Court Referee by filing with the
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DireetorMunicipal Court Referee a notice that the property owner desirespetition for
review at the office ofNeighborhood & Building Services to appeal stteh order. Such
appeal nmst be submitted in writing to the 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. if arty property owner files a notice of appeal with the
Director, the Director shall schedirle a hearing on such appeal within ten ( 10) days
of the filing of the appeak. Pending a final determination by the DirectorMunicipal
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
DireetarMunicipal Court Referee sustains all or any parts of the order of the City
Forester, the DireetorMunicipal 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.
Section 34. 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 DireetorMunicipal
Court Referee as provided in § 27-6f60, 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 a
amount not to exceed fifty (50) percent of the costs for carrying charges an
administration. The property owner must pay this additional amount if so assessed.
ff the eity Forester causes the work to be done, he or she shall send to the roperty
The property owner must pay any such amotint 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.
Section 35 . That Section 27-63 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
27-63 . Assessment of claim againstpi opei ty .
after it has been billed by the eity Forester to the owner by deposit in the Tz�nite
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Treasurer,States mail addressed to the owner of record at the last known address , the eity
f�(m ester is hereby authorized to eertif to the eounty Treasurer the list of delinquent
ring the name of the ownkl UO IL UJJJJ�" I-s of record, the number of the
certifieation is to be the same in substance and in form as required for the
tiron reeeipt of stteh eertified list,
is hereby anthorized to pface it npon the tax list for the current year and to coltect the
asscssinent in the same manner as gcneral property taxcs are collected, together witt
any charges as may by law be made by the eounty Treasurer and all laws of the State
for the assessment and eolleetion of general taxes, including fille laws for the sale o
property for taxes , and the redemption thereof shall apply to and have full foree an
eff-ect for the coffcction of all such assessnictits , Notwithstanding thc foregoing, if
the off-ending property is not subject to taxation, the eity Forester may elee
alternative means to eolleet the amounts due pursuant to this Artiele, ineluding the
COMMeticetilent of all action at taw ot n equity and, after judgment, pursne such
retnedics as are provided by law.
Section 36 . That Section 27 - 64 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Sec. 27-64. Collection of costs in addition to penalties.
The imposition of any penalty for a violation of this Division shalf not be
construed as a waiver of the right of the eity to eollect the eost of removal o
treatment of any tree , shrub or other plant in aeeordance with the provisions of this
Division.
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 § § 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 § I -
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 on the 19th day of December, A. D .
2006 .
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Mayor
ATTEST :
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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