HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/03/2012 - FIRST READING OF ORDINANCE NO. 030, 2012, AMENDINGDATE: April 3, 2012
STAFF: Ann Turnquist
Rita Harris
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 13
SUBJECT
First Reading of Ordinance No. 030, 2012, Amending Chapters 2 Through 27 of the City Code to Update Terminology
and Titles Used in Various Code Provisions and to Eliminate Outdated References.
EXECUTIVE SUMMARY
Over the years, portions of the City Code have not kept pace with the changing City organizational titles and
department names that are included in the Code. Changes in the titles of individuals who have responsibilities outlined
in the Code, as well as various department names have changed, but not been reflected in relevant Code sections.
This Ordinance makes these housekeeping changes. No substantive changes are included in the Ordinance.
In addition, certain terminology used in the Code, such as the term “boarding house,” is no longer consistent with
corresponding references in other portions of the Code. These terms are updated in the Ordinance.
BACKGROUND / DISCUSSION
Staff has conducted a complete review of the City Code to identify Code language which is inconsistent with the City’s
current organizational structure or position titles. Throughout the 1,002 printed pages of Code in 29 Chapters, staff
has identified over 150 items that should be corrected. These changes represent “housekeeping” items, rather than
substantive changes to the Code.
Changes included in this Ordinance can be separated into several categories:
Type Example Occurrences
Staff Title Change “Director of Building and Zoning” should
be “Building Official” or “General
Manager” should be “Utilities Executive
Director”
75
Department Name
Change
“Department of Building and Zoning”
should be “Department of Community
Development and Neighborhood
Services”
61
Name Changes in
Other Organizations
“Division of Wildlife” should be “Division
of Parks and Wildlife” or “Poudre R-1
School District” should be “Poudre
School District”
12
Miscellaneous and
Grammar Changes
“Boarding house” should be “Extra
Occupancy Rental House”
15
Total 163
The proposed Code changes do not alter the intent or operations of the ordinances, but are “housekeeping” items
which keep the Code current.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
ORDINANCE NO. 030, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 2 THROUGH 27 OF THE CODE OF THE
CITY OF FORT COLLINS TO UPDATE TERMINOLOGY AND TITLES
USED IN VARIOUS CODE PROVISIONS
AND TO ELIMINATE OUTDATED REFERENCES
WHEREAS, over the years, portions of the City Code have not kept pace with the changing
City organizational titles and department names; and
WHEREAS, changes in the titles of individuals who have responsibilities outlined in the City
Code, as well as various department names have changed, but those changes have not been reflected
in the City Code; and
WHEREAS, staff recommends that the City Code be amended to reflect the appropriate
updated titles and departments; and
WHEREAS, staff further recommends that outdated and obsolete references in Chapters 2
through 27 of the City Code be amended so as to correct and update the terminology used where
appropriate; and
WHEREAS, City Council agrees that all such amendments are in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 2-31(a)(1)a. of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-31. Executive sessions.
. . .
a. Matters involving the hiring, appointment, dismissal, demotion, promotion,
assignment and discipline of City personnel, and the review and discussion of the
performance and proposed compensation and benefits of the City Manager, City
Attorney or other direct City Council employeesand Municipal Judge.
Section 2. That Section 2-103(3) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-103. Functions.
. . .
(3) To advise and make recommendations to the Director of Cultural, Library
and RecreationalCommunity Services and the City Council as to rules,
regulations, guidelines, policy, administrative and budgetary matters
pertaining to the art in public places program.
Section 3. That Section 2-138(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-138. Membership; terms; training; subcommittees.
. . .
(c) Those persons appointed to the Board shall attend and complete such
training as may be developed by the City Manager, upon consultation with the Chief
of Police and the Health and Safety Committee of the City Council.
Section 4. That Section 2-140(g) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-140. Review procedure.
. . .
(g) A complainant may file a written complaint at Police Services, the City
Manager's Office, the Human Rights Office of the City or at a Board meeting. Upon
receipt of a written complaint at a location other than Police Services, the Board or
receiving office shall forward the complaint to Police Services as soon as reasonably
practical. In the event that a complainant is unable to complete any written
complaint or request form, the Board, a citizen liaison, the City Manager's Office or
Police Services shall, upon the complainant's verbal request, assist the complainant
in reducing the complaint or request to writing. However, all complaint or request
forms must be signed by the complainant.
Section 5. That Section 2-238(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-238. Functions.
. . .
(1) To advise and make recommendations to the Cultural, Library and
Recreational Services DirectorDirector of Community Services (the
"Director") and the City Council as to rules, regulations, policies,
administrative and budgetary matters pertaining to the operation and
maintenance of all City-owned golf courses;
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Section 6. That Section 2-308(4) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-308. Functions.
. . .
(4) To be aware of and coordinate with the various Department of Natural
Resources'Office of Sustainability Services technical advisory committees;
Section 7. That Section 2-338 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 2-338. Functions.
The Board shall act as an advisory board and shall have the following functions:
(1) To advise and make recommendations to the Cultural, Library and
Recreational ServicesDirector of Community Services and the City Council
for their approval as to rules, regulations, policies, administrative and
budgetary matters pertaining to the Department, excluding matters relating
to the operation and maintenance of City-owned golf courses and
cemeteries;
(2) To assist the City in cooperating with the Poudre R-1 School District and
other organizations and individuals interested in the City's parks and
recreation programs.
. . .
Section 8. That Section 2-428 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 2-428. Functions; Bicycle Advisory Committee.
(a) The duties and functions of the Board shall be to advise the City Council
on matters pertaining to the City's transportation policies and system, including but
not limited to transportation planning, alternative modes planning (including
bikeways, pedestrian facilities, transit, air transportation and van- and car-pooling),
capital improvement projects, downtown parking management and other
transportation issues as identified in the Board work plan. Additionally, the Board
shall review the City's interaction with federal, state and county government, as well
as North Front Range Transportation and Air Quality Planning Council, Colorado
State University and Poudre R-1School District on transportation-related issues.
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(b) The Board shall also establish and keep in place a committee to be known
as the "Bicycle Advisory Committee," the purpose of which shall be to advise the
Board with regard to bicycling-related issues. Said Committee shall consist of
sixteen (16) members, one (1) of whom shall be a member of the Board, and fifteen
(15) of whom shall be appointed by the City Manager. The City Manager appointees
shall consist of three (3) "at large" members of the community plus one (1) member
of each of the following City boards and commissions and other civic organizations:
Air Quality Advisory Board
Parks and Recreation Board
Natural Resources Advisory Board
Land Conservation and Stewardship Board
Senior Advisory Board
Economic Advisory Commission
Downtown Development Authority
Bike Fort Collins
Fort Collins Bike Co-op
Poudre School District
Colorado State University
University Connections
In addition to the foregoing sixteen (16) voting members, the Committee shall also
include four (4) nonvoting members, with one (1) such member each representing
the City's Department of Police Services, Traffic Operations Department,
Engineering Department, and Transportation Planning/Safe Routes to School
Department Division, and Police Services. The Bicycle Advisory Committee may
establish bylaws, rules and regulations for its own organization and procedures in
accordance with the City's policies for boards and commissions, and all voting
members of the Committee shall be governed by said policies. Each member of the
Bicycle Advisory Committee shall serve for a term of two (2) years.
Section 9. That Section 3-81(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 3-81. Report of disturbances.
. . .
(b) Each licensee and permit holder shall post and keep at all times visible to
the public in a conspicuous place on the premises, a sign with a minimum height of
fourteen (14) inches and a minimum width of eleven (11) inches with each letter to
be a minimum of one-half (½) inch in height, which shall read as follows:
"WARNING: The City of Fort Collins Police DepartmentFort Collins Police
Services must be notified of all disorderly acts, conduct or disturbances and
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all unlawful activities which occur on or within the premises of this licensed
establishment."
. . .
Section 10. That Section 4-73(a) and (e) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 4-73. Limitation on possession and feeding of wild or exotic animals.
(a) No person shall own, feed or possess any animal for which a state license
is required unless such person possesses the appropriate license from the State
Division of WildlifeColorado Division of Parks and Wildlife.
. . .
(e) No person shall be subject to prosecution under Paragraph 4-73(b)(9) above
unless, within one (1) year immediately preceding the date of the alleged violation,
such person has been issued a written warning stating that the feeding of wild geese
or ducks at the same approximate location of the alleged offense has been determined
by the City's Department of Natural Resources Areas Department to constitute a
public health and safety concern and that such feeding is prohibited by the provisions
of said Paragraph.
Section 11. That Section 4-117(b)(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 4-117. Sale of chickens and ducklings; quantity restricted; keeping of
chickens.
. . .
(2) Any person keeping chicken hens pursuant to this provision must first have
been issued a permit by the Larimer Humane Society and have received
such information or training pertaining to the keeping of chicken hens as
the director of said agency deems appropriate;
Section 12. That Section 4-120 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-120. Trapping restricted.
(a) No person shall use, set, place, maintain or tend any trap in the City, except
that live traps may be set for the purpose of: (1) trapping animals which are at large
in violation of this Chapter, so long as any animals trapped are turned over to the
Humane Society as soon as possible upon discovery, or (2) trapping wild animals
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including but not limited to skunks, squirrels, raccoons and prairie dogs, provided
that any animals trapped are released or disposed of in the manner required by the
Humane Society and the Division of WildlifeColorado Division of Parks and
Wildlife. Any traps found in violation of this Subsection shall be confiscated and
destroyed by an animal control officer or peace officer.
. . .
(c) In the event that the presence of a wild or domestic animal within the City
creates an imminent threat of injury to persons or serious damage to property, the
Chief of Police, after consultation with the Humane Society and, in the case of a wild
animal, the State Division of WildlifeColorado Division of Parks and Wildlife, may
authorize the capture and disposition of said animal by such means as he or she may
consider reasonably necessary; provided, however, that no firearm may be utilized
in the capture or disposition of such animal except by a peace officer trained in the
use of the same under such circumstances as will not, in the judgment of said peace
officer, unreasonably endanger the safety of others.
Section 13. That Section 4-157 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-157. Killing or capturing wild birds restricted.
It shall be unlawful for any person at any time in the City to shoot at, wound, kill,
capture, ensnare, net, trap or in any other manner molest or injure any wild bird or
in any manner molest or injure the nest, eggs or young of any such bird. The Chief
of Police shall have authority to grant or deny a permit for the killing, capturing or
molestation of nuisance birds with the consent or approval of the State Division of
WildlifeColorado Division of Parks and Wildlife when it is shown that the birds are,
or may become, a nuisance or health hazard in any particular location in the City.
The permit shall be granted or denied within five (5) working days of the date the
request is made.
Section 14. That Section 5-1 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-1. Solar notification service.
(a) Upon issuance of a building permit for a solar energy system, the solar
owner may register for a solar notification service with the Department of Building
and ZoningCommunity Development and Neighborhood Services. Solar owners
who have been issued building permits for solar energy systems prior to the
enactment of this service may also register for the service.
(b) If the issuance of a building permit allows construction which would extend
into the solar protection area described for a registered solar energy system, the
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Director of Building and ZoningBuilding Official may place a hold of not more than
ten (10) working days on the issuance of the permit. If any such hold is imposed, the
Director may immediately notify the builder and the affected solar owner of the
reasons.
(c) The builder and the solar owner shall have ten (10) working days to
voluntarily negotiate a solar access agreement.
(d) Failure of the Director of Building and ZoningBuilding Official to perform
any of the services herein provided shall not affect the validity of issuing a building
permit by the DirectorBuilding Official.
(e) Following the ten-day negotiating period or upon sooner resolution by the
parties, the Department of Building and ZoningBuilding Official shall issue the
building permit if all other requirements of this Code have been met.
Section 15. That Section 5-28 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-28. Definitions.
The following words, terms and phrases, when used in Article II of this Chapter
and in any code adopted by reference therein, shall have the meanings ascribed to
them in this Section:
Whenever the word municipality, jurisdiction or city is used, it shall mean the
City of Fort Collins.
Whenever the term Building Official, Building-Code Official or Code Official is
used, the term shall be synonymous with" Director of Neighborhood and
BuildingCommunity Development and Neighborhood Services" or authorized
representative.
Section 16. That Section 5-47(4), 104.1 General, of the Code of the City of Fort Collins
is hereby amended to read as follows:
(4) Sections 104.1, 104.2, 104.3 and 104.4 are hereby amended to read as
follows:
"104.1 General. The Neighborhood and Building Services Director
Building Official or such other official as may be appointed by the City
Manager shall serve as the executive code official responsible for
supervising the administration, compliance and enforcement of this Article.
In the performance of said duties, such official may delegate authority to
the appropriate technical, administrative and compliance staff under the
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supervision of said official as he or she deems necessary. The code official
is hereby authorized to, and shall, enforce the provisions of this code.
Section 17. That Section 5-47(17), Rental Dwelling Unit, of the Code of the City of Fort
Collins is hereby amended to read as follows:
(17) Section 202 is amended by the addition of thirty-three (33) new definitions
to the list of terms therein in alphabetical sequence of such list to read as
follows:
"RENTAL DWELLING UNIT. One (1) or more rooms occupied or
intended to be occupied as a unit exclusively for residential purposes that
is leased, rented or sublet for compensation (including money or services
or the sharing of expenses) and that is located in a boarding housean extra
occupancy rental house or a single-family, two-family or multi-family
dwelling.
Section 18. That Section 5-83 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-83. Use of approved materials; electrical signs.
Where the use of approved materials, equipment or devices is required by the
National Electrical Code, adopted in § 5-80, the label of or listing by the
Underwriters' Laboratories, Inc., will be accepted as an approval. Alternate materials
may be approved by the Director of Building and ZoningBuilding Official. All
electrical signs shall be approved before any permit for the installation or erection
of such sign is granted.
Section 19. That Section 5-108 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-108. Definitions.
The following words, terms and phrases, when used in this Article and the code
adopted in § 5-106, shall have the meanings ascribed to them in this Section:
Whenever the word municipality, jurisdiction or City is used it shall mean the
City of Fort Collins.
Whenever the term Building Official is used it shall be synonymous with Director
of Building and Zoning BuildingCommunity Development and Neighborhood
Services or authorized representative.
Section 20. That Section 5-141 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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Sec. 5-141. Duties of Director of Building and ZoningBuilding Official.
The Director of Building and ZoningBuilding Official shall maintain public
office hours necessary to efficiently administer the provisions of this Article and the
code adopted hereby and shall perform the following duties:
. . .
Section 21. That Section 5-264(a) and (b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 5-264. Certificate required for occupancy of dwelling units contained in
single-family or two-family dwellings in excess of limit;
conditions; revocation or suspension.
(a) No dwelling unit contained in a single-family or two-family dwelling shall
be occupied by more persons than the number of persons permitted under Section
3.8.16 of the Land Use Code unless a certificate of occupancy for an extra-
occupancy rental house (boarding house) has been issued for such dwelling by the
Building Official.
(b) Terms and conditions imposed upon a certificate of occupancy as a
boarding housean extra occupancy rental house may include, but are not limited to,
compliance with all state laws, City ordinances, rules and regulations, and court or
administrative orders.
Section 22. That Section 7.5-19 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 7.5-19. Imposition, computation and collection of fees.
Payment of the fees imposed under the provisions of this Article shall be required
as a condition of approval of all development in the City for which a building permit
is required. The amount of such fees has been calculated using current levels of
service and the data and methodologies described in Capital Improvement Expansion
Cost Study, dated May 21, 1996, as amended; the City's Street Oversizing Impact Fee
Study, dated July 15, 1997, and Street Oversizing Impact Fee Study Update, dated
November 28, 2000, as amended; and The ITE Trip Generation Manual, 6th Edition,
1997, published by the Institute of Traffic Engineers, as amended. The fees due for
such development shall be payable by the feepayer to the Department of Building
and Zoning DirectorBuilding Official prior to or at the time of issuance of the first
building permit for the property to be developed, except to the extent that an
agreement deferring all or any portion of such payment has been executed by the
City providing for a different time of payment approved by the City Council by
resolution. If, during the period of any such deferral, the amount of the deferred fee
is increased by ordinance of the City Council, the fee rate in effect at the time of
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payment shall apply. If the building permit for which a fee has been paid has expired,
and an application for a new building permit is thereafter filed, any amount
previously paid for a capital improvement expansion fee and not refunded by the
City shall be credited against any additional amount due under the provisions of this
Article at the time of application for the new building permit.
Section 23. That Section 7.5-48 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 7.5-48. Land dedication or in-lieu fees imposed.
(a) The owner or developer of every land development project in the City
("applicant") must file with the Financial OfficerBuilding Official of the City, prior
to the issuance of a building permit for any residential structure in such project, proof
that the appropriate land reservation for future dedication has been made to the
school district, or that the applicant has paid an in-lieu fee, in accordance with the
provisions of this Article.
(b) Prior to or at the time that any proposed land development project is
submitted to the City for review, the superintendent of the school district, or his or
her designee, shall meet with the applicant for the purpose of determining whether
the school district desires the reservation of any land for future dedication as a school
site within the land development project. Any such dedication or in-lieu fee
requirement shall be consistent with school district planning standards established
by the school district. Said standards shall reflect, without limitation:
. . .
Any reservation of sites or land areas required under the provisions of this Article
shall occur in the following fashion. At or before the time of final approval of any
land development project by the City, the sites or land areas to be dedicated to the
school district shall be reserved by designation on the plat submitted to the City for
approval in connection with the land development project. On or before the date that
the first building permit for the project is issued by the City, such reserved site or
land area shall be dedicated to the school district. In the event that the school district
determines, in its sole discretion, that the dedication of a reserved site is necessary
prior to the issuance of any building permit for the project within which such site is
located, the school district shall so notify the person(s) shown by the records of the
Larimer County Assessor as being the then current owner(s) of such site. Said notice
shall be sent by certified mail, return receipt requested, and a copy of said notice
shall be provided to the City's Director of Community Planning and Environmental
Development and Neighborhood Services. Within sixty (60) days of the mailing of
said notice, the reserved property that is the subject of the mailing shall be dedicated
to the school district by the owner(s) thereof.
. . .
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(d) In the event that the dedication of sites or land areas for school site
purposes within a particular land development project is not deemed feasible or in
the best interests of the school district as determined by the superintendent, or his or
her designee, the school district shall so notify the City's Director of Community
Planning and EnvironmentalDevelopment and Neighborhood Services in writing,
and the City shall require the applicant to pay the in-lieu fees as provided in this
Article. The amount of the in-lieu fees to be paid under the provisions of this Article
shall be established by agreement with the school district and shall be equal to the
full market value of the sites or land areas within a land development project that
could be required to be reserved for future dedication for school site purposes under
Subsection (b) above. Said fair market value shall be determined on the basis of the
average value of developed sites for residential uses in the City as approved for
development by the City, with curb, gutter, streets and utilities to the site, according
to City engineering standards.
Section 24. That Section 7.5-71(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-71. Collection of neighborhood parkland fee.
(a) Hereafter, payment of a neighborhood parkland fee in accordance with this
Section shall be required as a condition of approval of all residential development
for which a building permit is required, as those terms are defined in § 7.5-17 of this
Code. The fees due for such development shall be payable by the feepayer to the
Building Permits and Inspection Division DirectorOfficial prior to or at the time of
issuance of the first building permit for the property to be developed, unless an
agreement has been executed by the City which provides for a different time of
payment. All such payments shall be deposited by the Financial Officer in the fund
created in § 8-80. Only one (1) fee shall be charged for any dwelling unit. No
additional fee for acquisition and development of neighborhood parks shall be
charged for the same dwelling unit. If the building permit for which a fee has been
paid has expired, and an application for a new building permit is thereafter filed, any
amount previously paid for a capital expansion fee and not refunded by the City shall
be credited against any additional amount due under the provisions of this Article at
the time of application for the new building permit.
Section 25. That the definition of “Building permit” contained in Section 7.5-81 of the
Code of the City of Fort Collins is hereby amended to read as follows:
Building permit shall mean any development permit issued by the Building and
Zoning Department of Community Development and Neighborhood Services before
any building or construction activity is initiated on a parcel of land. Building permit
does not include any permits for demolition, grading or the construction of a
foundation.
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Section 26. That Section 9-3 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 9-3. Appeals.
Whenever the Fire ChiefMarshal shall disapprove any application made pursuant
to the UniformInternational Fire Code, as amended, or refuse to grant a permit
applied for thereunder or when it is claimed that the provisions of the fire code do
not apply or that the true intent and meaning of the fire code have been misconstrued
or wrongly interpreted or when any person requests a variance from the literal terms
of the fire code, the applicant or person affected may appeal the decision of the Fire
ChiefMarshal to the Fire Board of Appeals established pursuant to section 103.1.4
of the UniformInternational Fire Code. Such Board shall have the power to vary or
modify any requirement made by the Fire ChiefMarshal thereunder, provided that
an appeal to the Board is made within thirty (30) days of the date of the action
complained of. Final decisions of the Board are subject to the right of appeal to the
City Council as contained in § 2-47, et seq., of this Code, except that the Fire
ChiefMarshal shall be included as a party-in-interest with standing to appeal a
decision which, in his or her judgment, adversely affects public safety.
Section 27. That Section 9-4 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 9-4. Violations and penalties.
Any person who shall violate any of the provisions of the UniformInternational
Fire Code, as amended, or who shall fail to comply with any of the provisions or who
shall violate or fail to comply with any orders made thereunder or who shall act in
any way in violation of any permits issued thereunder shall, severally and for each
and every violation in noncompliance respectively, be guilty of a misdemeanor
punishable by the penalty set forth in § 1-15 of this Code. The imposition of one (1)
penalty for any violation shall not excuse the violation or permit it to continue, and
all persons shall be required to correct or remedy the violations or defects within a
reasonable time, and when not otherwise specified, each ten (10) days that prohibited
conditions are maintained shall constitute a separate offense. The application of any
penalty pursuant hereto shall not be held to prevent the forced removal of prohibited
conditions nor the suspension or removal of a permit or license issued thereunder.
Section 28. That Chapter 10 of the Code of the City of Fort Collins is hereby amended
by changing all references from “General Manager” to “Utilities Executive Director”.
Section 29. That Section 10-30 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 10-30. Takings determinations.
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Any person who claims that his or her property has been taken by reason of the
application of any provision of this Article may apply to the Utilities Executive
Director for a Takings Determination using the procedural and substantive
requirements and criteria set forth in Division 2.13 of the City's Land Use Code,
provided that, for the purpose of this Section, any reference therein to the Director
of Community Planning and Environmental ServicesCommunity Development and
Neighborhood Services shall be deemed to constitute a reference to the Utilities
Executive Director and any reference to the Land Use Code therein shall be deemed
to constitute a reference to this Article. Said Takings Determination Procedures shall
be exhausted before the institution of any judicial proceeding against the City
claiming a taking of affected property.
Section 30. That Section 12-65 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 12-65. Inspection of books and records.
The owner of each establishment operating as an enclosed public place shall keep
a complete set of books of account, invoices, copies of orders, shipping instructions,
bills of lading, correspondence and all other records necessary to show fully the
business transactions of such establishment, all of which records shall be available
at all times during business hours for inspection and examination by the City
ManagerDirector of Community Development and Neighborhood Services or his or
her authorized representatives for use in determining the applicability of the
provisions of this Article to such establishment. The City ManagerDirector of
Community Development and Neighborhood Services may require the owner of any
such establishment to furnish such information as he or she considers necessary for
such a determination, and may require that the owner of such establishment cause an
audit to be made of such books of account and records on such occasions as he or she
may consider necessary.
Section 31. That Section 12-68 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 12-68. Public education.
The City ManagerDirector of Community Development and Neighborhood
Services shall engage in a continuing program to explain and clarify the purposes
and requirements of this Article to citizens affected by it, and to guide owners,
operators and managers in their compliance with it. Such program may include
publication of a brochure for affected businesses and individuals explaining the
provisions of this Article.
Section 32. That the definition of “Radon information” contained in Section 12-110 of
the Code of the City of Fort Collins is hereby amended to read as follows:
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Radon information shall mean that information produced and disseminated by
the City's Department Office of Sustainability Services for provision by sellers to
buyers prior to execution of a contract.
Section 33. That Section 14-24 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 14-24. Interim control.
No building permit shall be issued by the Department of Building and
ZoningDepartment of Community Development and Neighborhood Services for
alteration, construction, relocation or demolition of a site, structure or object under
consideration for landmark designation or any site, structure or object within a
district under consideration for landmark district designation from the date of the
hearing of the Commission at which the Commission approves a motion directing
staff to investigate the benefits to the City of landmark designation until final
disposition of the designation by the City Council unless such alteration,
construction, relocation or demolition is authorized by resolution of the City Council
as necessary for public health, welfare or safety. In no event shall the delay in
issuance of a building permit due to the provisions of this Section be for more than
one hundred eighty (180) days.
Section 34. That Section 15-18 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 15-18. Alarm committee.
The City administration is authorized to form an alarm committee composed of
representatives of Fire Services, Police Services, the Department of Building and
ZoningDepartment of Community Development and Neighborhood Services and
licensed alarm businesses, answering services and telephone company
representatives which shall act as an advisory body to the City Council to assist in
determining policy concerning alarms. All such alarm systems shall be subject to all
rules, regulations, fees and requirements set forth in this Article, except the
provisions of this Article are not applicable to audible alarms affixed to motor
vehicles or trailers, other than mobile homes, or to devices designed or used to
register audible or visible alarms on the interior only of protected buildings,
structures or areas.
Section 35. That Section 15-31(d)(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-31. Required.
. . .
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(d) Certificate of compliance for alarm systems:
(1) No person shall use an alarm or alarm system, as defined in this Article,
unless the alarm or alarm system has been inspected by the Director of
Building and ZoningBuilding Official and a certificate of compliance for
the alarm system has been issued.
Section 36. That Section 15-32 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 15-32. Issuance of permits and licenses.
The issuing and approving authority for any license or permit issued hereunder
shall be the Department of Building and ZoningDepartment of Community
Development and Neighborhood Services.
Section 37. That Section 15-33 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 15-33. Permit and license application.
Applications for all permits and licenses required in this Article shall be filed
with the Department of Building and ZoningDepartment of Community
Development and Neighborhood Services and shall be accompanied by the requisite
fees. The fees are established and shall cover the following costs:
. . .
Section 38. That Section 15-35 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 15-35. Certificate of compliance for alarm systems.
A certificate of compliance for alarm systems shall be issued upon approval of
the Department of Building and ZoningBuilding Official. Such approval shall
signify compliance with the standards and regulations adopted and requirements set
forth in §§ 15-56—15-71. Said certificate shall be issued to the person using or
possessing the alarm system. Alarm businesses shall procure and process
applications for their subscribers. The subscribers shall forward the completed
application to the alarm business servicing the system. The permit fee shall be
collected from the subscriber by the alarm business and transmitted forthwith to the
Financial Administration UnitFinance Department together with the application.
Section 39. That Section 15-56 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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Sec. 15-56. Promulgation of standards and regulations.
Any alarm system installed within the City and all devices and agencies acting
under this Article shall conform to the requirements of the standards adopted in this
Division. The Director of Building and ZoningBuilding Official shall inspect and
approve all alarm systems installed within the City and shall issue a permit
authorizing such systems under this Article. Any system which does not meet the
requirements of this Article shall not be approved and shall not be put in service until
any deficiencies have been corrected and such correction approved by the
AdministratorBuilding Official.
Section 40. That Section 15-60(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-60. Performance standards.
. . .
(c) If any alarm system is deemed unreliable pursuant to this Article, Fire
Services or Police Services may declare the system unreliable and restrict or curtail
the response of the office to the alarm system until such time as the subscriber or
alarm business can show a material change in employee training, can show written
proof that the system has been repaired, can show written proof that the system has
been reinspected by the Director of Building and ZoningBuilding Official and can
show proof of issuance of a new certificate of compliance for the alarm system.
Section 41. That Section 15-71(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-71. Certain standards adopted.
. . .
(2) At least one (1) copy of each standard herein adopted shall be kept on file
in the office of the City Clerk, available for public inspection. One (1)
copy of each such standard shall be kept in the office of the Director of
Building and ZoningBuilding Official. One (1) copy shall be kept in the
office of the Fire ChiefMarshal. One (1) copy shall be kept in the office of
the Police Chief.
Section 42. That Section 15-172(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-172. License and registration required; suspension; revocation.
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(a) No person shall engage in the business of contracting for the installation of
electrical work in the City without registering as an electrical contractor with the
Department of Building and ZoningDepartment of Community Development and
Neighborhood Services. In order to register as required herein, the person must
perform the following:
. . .
Section 43. That Section 15-294(a)(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-294. Conditions of license for certain shows.
(a) The license for any circus, menagerie or carnival shall be issued subject to
the following additional requirements:
(1) A representative of Fire Services and/or the Department of Building and
ZoningDepartment of Community Development and Neighborhood
Services shall make an inspection of the area and the equipment in order
to determine that adequate fire lanes are provided, that adequate fire
hydrants or other means of extinguishing fires are available, that electrical
connections are made in a safe manner and that electrical equipment
appears to be in good working order.
Section 44. That Section 15-306(a) and (b) of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 15-306. General provisions, licensing and registration.
(a) No person shall engage in the trade, business or calling of a plumber or
plumbing in the City until he or she shall register with the Department of Building
and ZoningDepartment of Community Development and Neighborhood Services as
a plumber. For the purpose of this Section, plumbing contractor means any person,
firm, partnership, corporation, association or combination thereof who undertakes
or offers to undertake for another the planning, laying out, supervising and installing
or the making of additions, alterations and repairs to potable water supply and
distribution pipes and piping, plumbing fixtures, drainage and vent pipes and
building drains, including their respective joints and connections, devices,
receptacles and appurtenances. A registered professional engineer who plans or
designs plumbing installations shall not be classified as a plumbing contractor.
(b) No person shall engage in the business of a plumbing contractor in the City
without registering as a plumbing contractor with the Department of Building and
ZoningDepartment of Community Development and Neighborhood Services. In
order to register as a plumbing contractor, the person desiring to engage in such
business must do the following:
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. . .
Section 45. That Section 15-385(a)(4) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-385. Review and approval.
. . .
(4) The recommendations of the Planning Development and Transportation
Director and the Director of Cultural, Library and Recreation
ServicesDirector of Community Services, insofar as the proposed location
may affect the operation of those service areas, based upon the factors
recited herein.
Section 46. That Section 17-182(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-182. Camping on private property restricted; exceptions.
(a) It is unlawful for any person to camp or to knowingly permit any person to
camp, as defined in § 17-181, on private property within the City, except on the
premises of a residential dwelling with the permission of the property owner. Any
such camping must be temporary in nature and must not exceed a period of seven (7)
consecutive days or a total of fourteen (14) days in a calendar year; provided,
however, that an extension of these time limits may be granted by the Director of
Neighborhood and Building ServicesDirector of Community Development and
Neighborhood Services or his or her designee upon written application of a person
claiming extraordinary circumstances or undue hardship. The Director's decision
whether to grant an extension shall be based upon all attendant circumstances,
including, without limitation, any objections posed by occupants of premises located
on the same block face of the applicant. In no event shall an extension exceed seven
(7) additional consecutive days or fourteen (14) additional days in a calendar year.
Section 47. That Section 18-3(b)(4) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 18-3. Construction permit required; application; fees; issuance;
appeals.
. . .
(4) Complete plans and specifications of the proposed park (conforming with
the requirements of this Chapter, the Zoning OrdinanceLand Use Code of
the City, utility design standards and street design standards as established
by the City), including the following specific information:
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. . .
Section 48. That Section 18-11(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 18-11. Miscellaneous park requirements.
. . .
(c) Park Areas for Nonresidential Uses. No part of any park shall be used for
nonresidential purposes, except as otherwise permitted in the Zoning OrdinanceLand
Use Code of the City and such uses that are required for the direct servicing and
well-being of mobile home park residents and for the management and maintenance
of the mobile home park.
Section 49. That Section 18-12(b)(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 18-12. Mobile office units.
. . .
(1) The proposed office use and location conforms to the City zoningLand Use
Code regulations.
Section 50. That Section 19-36(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-36. Creation; jurisdiction; qualifications.
. . .
(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.
Section 51. That Section 19-48 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 19-48. Commencement of action.
An action under these rules is commenced by the tender or service of a charging
document upon a defendant, by mail or by conspicuously attaching a parking
assessment to the subject vehicle and by the filing of a charging document with the
Municipal Court or the Office of Parking Services.
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Section 52. That Section 19-50(c)(3) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-50. First hearing.
. . .
(3) The consequences of the failure to appear at any subsequent hearing,
including entry of judgment against the defendant and reporting the
judgment to the State Motor Vehicle DivisionDepartment of Revenue,
which may assess points against the driving privilege and may cancel a
driver's license or deny an application for a driver's license;
Section 53. That Section 19-52(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-52. Subpoena.
. . .
(b) A subpoena shall be issued within the City either by the Clerk of the
Municipal Court Clerk at the request of the defendant, prosecuting attorney or
officer, or by counsel who has entered an appearance in the case.
Section 54. That Section 19-55(d) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-55. Judgment after final hearing.
. . .
(d) The judgment shall be satisfied upon payment to the Municipal Court Clerk
of the total amount assessed as set forth above.
Section 55. That Section 19-58(d) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-58. Default.
. . .
(d) The defendant may satisfy a judgment entered under this rule by paying the
Municipal Court Clerk.
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Section 56. That Section 19-65(a)(5) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-65. Commencement of action; citation procedure.
. . .
(5) The officer or inspector shall attempt to obtain the signature of the person
to whom he or 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.
Section 57. That Section 19-66(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-66. Payment without appearance.
(a) The Neighborhood and Building Services DirectorServices Manager or, in
the case of a forestry code violation, the Forestry DirectorCity Forester, 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.
Section 58. That Section 19-67(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-67. 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 DirectorServices Manager for a hearing before the Referee.
Section 59. That Section 19-69(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-69. Judgment and procedures after hearing.
. . .
(c) The judgment shall be satisfied upon payment to the Neighborhood and
Building Services or Forestry DirectorCity Forester, with respect to forestry code
violations, in the total amount of penalty, costs and fees assessed.
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Section 60. That Section 20-2(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 20-2. Abatement of unsanitary or dangerous premises.
(a) If either the City Manager, the City Engineer, the Director of Building and
ZoningBuilding Official or the Fire ChiefMarshal determines that any premises
within the City are unsanitary, as determined by the Larimer County Department of
Health and Environment, or dangerous to the life or property of persons or constitute
a fire hazard, a written notice of such condition shall be given by the City to the
owner, agent or occupant of the property ordering the premises to be put in proper
condition within such period as is set out in the notice and order. Such period shall
not be less than twenty-four (24) hours.
Section 61. That Section 20-3 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-3. Abatement by City in cases of emergency.
Nothing herein shall be deemed to limit the power of the City Manager, City
Engineer, Director of Building and ZoningBuilding Official or Fire ChiefMarshal,
in case of an emergency for the preservation of the public health or safety, to
summarily remedy, change, repair, abate or order the evacuation of any dangerous
or unhealthy condition found to exist without any notice to any person.
Section 62. That Section 20-5 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-5. Abatement of nuisances by persons other than City.
Any person ordered to clean, repair, change or make safe any property or abate
any nuisance may do so at such person's own expense, if suitable arrangements are
made with the City Engineer, Director of Building and ZoningBuilding Official or
Fire ChiefMarshal, prior to the time when the City shall start carrying out any order
made under this Article.
Section 63. That the definitions of “Backyard wildlife habitat certification” and “Natural
area certification” contained in Section 20-41 of the Code of the City of Fort Collins are hereby
amended to read as follows:
Backyard wildlife habitat certification shall mean certification by the Department
of Natural Resources Areas Department under its backyard wildlife habitat program
recognizing a yard as having the necessary components to sustain the desired wildlife
species.
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Natural area certification shall mean certification by the Department of Natural
Resources Areas Department under its natural areas program recognizing a one-
quarter-acre or larger site as having the necessary components to be classified as a
natural area.
Section 64. That Section 20-44 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-44. Notice of violation; removal authority and procedure; assessment
lien on property.
(a) The Neighborhood and Building Services DirectorServices Manager 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 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. The notice shall state that, if the property, open
area, ditch or right-or-way has not been brought into compliance with this Article on
or before five (5) days from the date of such notice, a civil citation will issue and the
abatement of the nuisance will be done by the City and any costs of abatement,
including the cost of inspection, the cost of any grading or sloping necessary to
protect the public safety and other incidental costs in connection therewith and the
costs for carrying charges and costs of administration will be charged against the
property, open area, ditch or right-of-way, in addition to any other penalty and costs
or orders that may be imposed. With respect to rubbish only, the notice shall also
state that, if said owner desires a hearing before the 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 ServicesNeighborhood Services Manager
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
Subsection (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
Subsection (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 if
the owner has not requested a hearing before the Referee to contest the declaration
of nuisance and/or the removal as provided in Subsection (a) above, the removal may
be done by the City, either by City personnel or by private contractors, as the
Director of Neighborhood and Building ServicesNeighborhood Services Manager
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
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necessary to protect the public safety, other incidental costs in connection therewith,
and the costs for carrying charges and administration shall be assessed against the
offending property, open area, ditch or right-of-way and the owner thereof. With
respect to rubbish only, if the owner has requested a hearing pursuant to the
provisions of Subsection (a), removal of the rubbish may be accomplished as
provided in this Subsection; provided, however, that such material removed shall be
stored by the City until such time as the Referee holds the hearing and determines,
based upon the evidence presented by the owner and the staff of the City, whether
the nuisance should have been declared and the rubbish removed. If the Referee
determines that the declaration of nuisance and removal are proper, then the rubbish
shall be destroyed or otherwise disposed of by the City, and the additional costs of
storage shall be assessed, together with all other costs, as provided above. If the
Referee determines that the declaration of nuisance and removal were improper, then
the material shall be returned to the owner and no costs shall be assessed.
(c) Any cost assessment shall be a lien in the several amounts assessed against
each property, open area, ditch or right-of-way from the date the assessment became
due until paid and shall have priority over all other liens, except general taxes and
prior special assessment liens. Any such assessment shall be billed by the Director
of Neighborhood and Building ServicesNeighborhood Services Manager, or his or
her 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 to any agents, representatives or
occupants as may be known. If any such assessment is not paid within thirty (30)
days after it has been billed, the Financial Officer, or his or her designee, is hereby
authorized to thereafter certify to the County Treasurer the list of delinquent
assessments so billed, 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 shall be the same in substance and 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 unpaid 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 65. That Section 20-101(b) and (c) of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 20-101. Removal by City; lien.
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. . .
(b) If the property owner contests the declaration of nuisance and/or the
assessment of costs, he or she shall file a written request with the Director of
Neighborhood and Building ServicesNeighborhood Services Manager, within ten
(10) days from the service of a notice of assessment, a written request for a hearing
before the Referee.
(c) Any cost assessment shall be a lien in the several amounts assessed against
each property from the date the assessment became due until paid and shall have
priority over all other liens, except general taxes and prior special assessment liens.
Any such assessment shall be billed by the Director of Neighborhood and Building
ServicesNeighborhood Services Manager, or his or her 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 to any agents, representatives or occupants as may be known. If any such
assessment is not paid within thirty (30) days after it has been billed, the Financial
Officer, or his or her designee, is hereby authorized to thereafter certify to the
County Treasurer the list of delinquent assessments so billed, 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 shall be the same in
substance and 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 unpaid
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 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 66. That Section 20-102(b) and (c) of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 20-102. Removal of snow and ice from sidewalks required; lien.
. . .
(b) If the property owner contests the declaration of nuisance and/or the
assessment of costs, he or she shall file a written request for review with the Director
of Neighborhood and Building ServicesNeighborhood Services Manager, or a
written request for a hearing before the Referee, within ten (10) days from the service
of a notice of assessment.
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(c) Such assessment shall constitute an automatic, perpetual lien in the several
amounts assessed against each property from the date the assessment became due
until paid. Such liens shall have priority over all other liens except general taxes and
prior special assessments. In case any such assessment that has not been set for
hearing pursuant to Subsection (b) above is not paid within thirty (30) days after it
has been certified by the Director of Neighborhood and Building Services
Neighborhood Services Manager and billed by the Financial Officer or his or her
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 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 or her
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
assessment in the same manner as taxes are collected with such charges as may by
law be made by the Treasurer, and 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 67. That Section 20-107(d) and (e) of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 20-107. Parking space obstructions.
. . .
(d) If the property owner contests the declaration of nuisance and/or the
assessment of costs of the City's abatement, he or she shall file a written request for
review with the Director of Neighborhood and Building ServicesNeighborhood
Services Manager, or a written request for a hearing before the Referee, within ten
(1) days from the service of a notice of assessment.
(e) Any cost assessment imposed under this Section 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 (d) above is not
paid within thirty (30) days after it has been certified by the Director of
Neighborhood and Building ServicesNeighborhood Services Manager and billed by
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the Financial Officer or his or her 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 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 or her 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 assessment in the same manner as taxes are collected with
such charges as may by law be made by the treasurer, and 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 68. That Section 20-114(e) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 20-114. Procedures in general.
. . .
(e) Actions under this Article shall be filed by the Office of the City Attorney
for the CityCity Attorney’s Office.
Section 69. That Section 20-115(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 20-115. Posting of notice of commencement of public nuisance actions.
. . .
(b) An action under this Article shall be commenced by the filing of a verified
complaint or a complaint verified by an affidavit, which may be accompanied by a
motion for a temporary abatement order, through the Office of the City AttorneyCity
Attorney’s Office. No such action shall be commenced unless each of the separate
violations asserted in support of such action has resulted in the issuance of a
summons and complaint charging at least one (1) person responsible for such
separate violation with the commission of the same.
Section 70. That Section 21-87(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 21-87. Membership; term.
(a) The Committee shall consist of six (6) members. The Director of
FinanceFinancial Officer shall serve as a standing member of the Committee, and the
remaining five (5) members shall be appointed by the City Council. Of the appointed
members, three (3) shall be employees who are covered by the Retirement Plan. The
fourth appointee shall either be an employee who is covered by the Retirement Plan
or an individual who is a taxpaying elector of the City. The fifth appointee shall be
a retired member of the Plan who is receiving a monthly retirement benefit from the
Plan.
Section 71. That Section 21-89 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 21-89. Minutes; annual report; work plan.
The Director of FinanceFinancial Officer shall take and file minutes in
accordance with the requirements of § 2-73 of the Code. On or before January 31 of
each year, the Committee shall file a report with the City Clerk setting forth the
activities of the Committee for the previous year. On or before November 30 of each
year, the Committee shall file a work plan with the City Clerk for the following year.
Section 72. That Section 22-33 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 22-33. Designation of officers to supervise improvements.
All local improvements shall be constructed under the general direction and
control of the City Manager and in the immediate charge, direction and supervision
of the Director of Community Planning and Environmental Services Planning,
Development and Transportation and, if applicable, the Utilities Executive Director
or other officer designated for such purpose in accordance with maps, plans and
specifications adopted by the City Council. The work of construction may be by
independent contract or by the City as determined by the City Council.
Section 73. That Section 22-35(a), (b), and (c) of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 22-35. Method of initiating improvements.
(a) A public work or improvement, the cost of which in whole or in part is to
be assessed by the City against the property specially benefitted, may be initiated by
the City Council on recommendation of the Director of Community Planning and
Environmental Services Planning, Development and Transportation or on petition
of the property owners affected.
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(b) In improvements to be initiated by the City Council, the City Council after
receiving a recommendation from the Director of Community Planning and
Environmental Services Planning, Development and Transportation shall adopt a
resolution which shall state the need and the nature and location of the improvements
without mentioning minor details and shall describe the area to be assessed for the
improvements by boundaries or other brief description. The resolution shall direct
the Director of Planning, Development and Transportation to prepare and present to
the City Council the following:
. . .
(c) In improvements to be initiated by petition of property owners, the petition
shall be on a form to be supplied by the City. The petition shall be subscribed by the
owners of at least one-third (a) of the frontage to be assessed for improvements to
streets including streetlighting and by the owners of at least one (1) percent of the
area of the property to be assessed for any other improvements. The City Council
may, by resolution, adopt policies to be used in the review of such petitions. Upon
receiving a petition, and after review of the same, the City Council may adopt a
resolution which shall state the nature and location of the improvements and describe
the area to be assessed for the improvements by boundaries or other brief description,
and direct the Director of Community Planning and Environmental Services
Planning, Development and Transportation to prepare and present to the City
Council a report as in the case of City Council initiated improvements. Thereafter,
the procedures shall be the same as in the case of improvement districts initiated by
the City Council provided that the City Council may at any time determine by
resolution that the acquisition of the proposed improvements is not feasible or
desirable for reasons stated in the resolution. Any such resolution shall terminate the
proceedings.
Section 74. That Section 22-36 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 22-36. Maximum cost of improvements.
The total cost of the improvements shall not exceed by more than ten (10)
percent the amount of the estimate of the Director of Community Planning and
Environmental Services Planning, Development and Transportation for the cost of
the improvement, unless the City Council shall find that the public interest requires
the making or acquisition of the improvement or any part at such higher cost. The
foregoing limitation on maximum cost for improvements shall not apply when all the
owners of property to be assessed in a district expressly waive the limitation in
writing.
Section 75. That Section 22-39 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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Sec. 22-39. Advertising for bids; letting of contracts.
All contracts for local improvements shall be let by the Purchasing Agent upon
the determination of the City Council after the passage of the original ordinance
forming the district. All contracts shall be let to the lowest responsible bidder as
determined in the sole discretion of the City Council. Contracts shall be let after
public advertisement for bids has been published twice in an official newspaper
published in the City. The advertisements for bids shall be published at least a week
apart. The date for opening of bids shall be not less than ten (10) days after the first
publication. In all advertisements, the City Council shall reserve the right to reject
all bids. Upon rejecting all bids or receiving no bids, the City Council may again
advertise without further ordinance or may order the work done by hiring labor and
arranging for purchasing necessary material under the supervision of the Director of
Community Planning and Environmental Services Planning, Development and
Transportation. Notwithstanding the foregoing, improvements may be installed by
the City utilizing City employees if the City Council so orders.
Section 76. That Section 22-42 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 22-42. Council may require utility connections.
Before constructing any permanent paving under the provisions of this Article,
the City Council may order the owners of abutting property to connect their several
premises with sewer, gas or water mains or with any other commodity in the street
in front of the several premises. Upon the default of the owners to make such
connections thirty (30) days after such order, the City Council may contract and
make said connections at such distance under such regulations and in accordance
with specifications as may be prescribed by the City Council, and the whole cost of
said connections shall be assessed against the premises with which the connection
is made. Any number of said connections may be ordered in pursuance of the
regulations adopted as recommended by the Director of Community Planning and
Environmental Services Planning, Development and Transportation. The cost shall
be assessed and collected in the same manner as provided in this Article for
assessment and collection of the cost of other special improvements and shall be
included in the assessments made against the particular property in the district
proceedings.
Section 77. That Section 22-83(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 22-83. Payments from surplus and deficiency fund.
. . .
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(b) Any portion of the costs of a district payable by the City at large because
of the limitation based on value of property as provided in § 22-90, costs of
improvements in excess of the estimate of the Director of Community Planning and
Environmental Services Planning, Development and Transportation as provided in
§ 22-36 or reductions in assessments made by the City Council, if directed by the
City Council, may be paid from the surplus and deficiency fund. If any such portion
is later recovered from the owners of property in the district, the amount of such
recovery shall be repaid into such surplus and deficiency fund.
Section 78. That Section 22-111(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 22-111. Special assessment bonds and multi-year financial obligations
authorized.
. . .
(b) All such bonds shall be issued upon estimates of the Director of
Community Planning and Environmental Services Planning, Development and
Transportation or, if applicable, the Utilities Executive Director, approved by the
City Council. The Financial Officer shall preserve a record of the same in a suitable
book kept for that purpose. All such bonds shall be subscribed by the Mayor and
countersigned by the Financial Officer, with the corporate seal affixed and attested
by the City Clerk. Facsimile signatures may be used.
Section 79. That Section 23-61(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-61. Permit required; application.
(a) Any person desiring to occupy any parking space on a public street in the
City in connection with the maintenance, erection, construction, remodeling or
demolition of any building or improvement on property abutting thereto shall make
written application to the Planning Development and Transportation Director
(hereafter in this Division, the "Director")Parking Services Manager for an
obstruction permit on a form prepared and provided by the City.
Section 80. That Section 23-62(7), (8) and (9) of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 26-62. Contents of application.
. . .
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(7) a description of the proposed obstruction sufficient to fully inform the City
Manager of the character and physical attributes of the obstruction and the
DirectorParking Services Manager to perform a complete and competent
examination of the application under the criteria contained in Subsection
23-83(a);
(8) evidence of the applicant's ability and willingness to provide liability
insurance insuring the City in a sum not less than one million dollars
($1,000,000), proof of which insurance shall be provided to the City prior
to issuance of the permit, unless the requirement to provide such insurance
is waived by the DirectorParking Services Manager;
(9) a statement that the applicant agrees to be responsible for barricading the
parking spaces in a manner acceptable to the DirectorParking Services
Manager;
Section 81. That Section 23-63 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 23-63. Fees and conditions.
(a) At the time of issuance of a permit hereunder, and at the time of any
renewal or modification of such permit, the applicant shall pay an application fee and
an additional fee per parking space per day to help defray the costs incurred by the
City in processing and administering the permit program, including, without
limitation, the cost of enforcement and the cost of inspection of the spaces that are
the subject of the application; provided, however, that the DirectorParking Services
Manager may waive part or all of the fees for governmental agencies. The amount
of said fees shall be determined and established by the City Manager, pursuant to the
provisions of Article I of Chapter 7.5.
(b) The DirectorParking Services Manager may condition the issuance and use
of an obstruction permit on such requirements as are reasonably necessary to protect
the safety of persons and property and the use and control of vehicular and pedestrian
traffic, including limitations on time, place and allowed activities; payment of fees;
obtaining any additional permits from other departments or agencies as necessary;
and providing any fencing or barriers that the DirectorParking Services Manager
requires in order to protect pedestrian and vehicular traffic from the obstruction and
associated dangers. If required, the permit holder shall build and maintain a good and
substantial, protected walkway around the obstruction. The permit holder shall
adequately light and mark the obstruction to protect pedestrian and vehicular traffic.
Section 82. That Section 23-64 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 23-64. Term of permit; renewal and revocation.
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(a) A permit may be issued only for the period of time necessary to complete
the purpose for which the permit was issued. No permit issued under Subsection 23-
61(a) shall be issued for more than ninety (90) days; provided, however, that the
DirectorParking Services Manager may renew any such permit for one (1) or more
additional ninety-day periods upon written application and payment of the applicable
renewal fee. The term of a permit issued under Subsection 23-61(b) shall be limited
in accordance with Paragraphs (2) and (3) thereof.
(b) Any permit issued under this Article may be denied or revoked by the
DirectorParking Services Manager if the holder fails to obtain any other necessary
permits, fails to conduct the activity in compliance with the terms and conditions of
the permit, violates any of the provisions of this Article, state law, local ordinances
or the applicable rules and regulations of the City, or if the work allowed by the
permit unduly interferes with pedestrian or vehicular traffic or otherwise poses a
threat to the health and safety of the public.
Section 83. That Section 23-94(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-94. Investigation of application; permit fee; revocation.
(a) The application for a permit for a neighborhood entry shall be made to the
City Engineer. The City Engineer shall make or cause to be made an investigation
of the information contained in the application and prior to the issuance of a permit
shall determine that the applicant is a qualified neighborhood organization and that
the proposed neighborhood sign does not constitute a nuisance or destroy or impair
the use of the right-of-way or any City property by the public or constitute a traffic
hazard and complies with all standards and criteria of this Division. In investigating
whether the application for a neighborhood entry sign conforms to the standards and
criteria of this Division, the City Engineer shall consult with the Traffic Engineer,
and the Director of Current Planning and the City Neighborhood Resources
officeDirector of Community Development and Neighborhood Services.
Section 84. That the definitions of “Director” and “Service Area” contained in Section
23-192 of the Code of the City of Fort Collins are hereby amended to read as follows:
Director shall mean the Director of Community Planning and Environmental
Servicesof Community Services of the City.
Service AreaUnit shall mean Community Planning and Environmental Services
of the City.
Section 85. That Section 23-193(b), (c), (d) and (e) of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 23-193. Prohibited acts; permits.
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. . .
(b) Unless a sign has been posted by the Service AreaUnit that the particular
natural area or a portion thereof is open for such use, it shall be unlawful to:
. . .
(c) It shall be unlawful to engage in any activity within or upon a natural area
when a sign has been posted by the Service AreaUnit that the particular area or a
portion of the area is closed for such use, based upon a determination by the Service
AreaUnit that such prohibition is appropriate to protect the safety or well-being of
persons or animals; the natural area, related facilities or any other City property or
facility; the use and enjoyment of said areas or facilities by the general public; the
needs and objectives of the City in maintaining and operating the same; and/or the
natural environment in general.
(d) Except as authorized by a permit obtained for such use from the Service
AreaUnit, it shall be unlawful to:
(1) Enter a natural area during the hours of 11:00 p.m. to 5:00 a.m., except:
a. As otherwise permitted by a sign posted by the Service AreaUnit
opening or closing the particular area or a portion of the area for
public use for a specified time or during specified hours; or
. . .
(e) Research or public safety related training activities involving any of the
activities prohibited in this Article, including without limitation the training of search
and rescue dogs off-leash, may be authorized by the Service AreaUnit by permit in
accordance with the procedures and standards set forth in § 23-194.
Section 86. That Section 23-194(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-194. Natural areas permit process.
(a) Any person or organization seeking a permit for the purposes set forth in
this Article shall apply for a natural area permit by filing a verified application with
the Service AreaUnit on a form supplied by the Service AreaUnit, except that permit
applications for which a routine permit process has been established by the Director
under § 23-195 below shall be governed by and processed in accordance with the
routine permit process. A fully completed application must be filed with the Director
not less than seven (7) business days nor more than ninety (90) business days before
the date on which a permitted activity is to commence; provided, however, that the
Service AreaUnit may accept and process an application that is filed after the filing
deadline if, in the judgment of the Director, there are sufficient time and sufficient
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resources for the Service AreaUnit to process and investigate the application and
make any preparations necessary for the activity.
Section 87. That the definitions of “Director” and “Service Area” contained in Section
23-202 of the Code of the City of Fort Collins are hereby amended to read as follows:
Director shall mean the Director of Cultural, Library and Recreation Services of
the CityCommunity Services.
Service AreaUnit shall mean Cultural, Library and Recreation Services of the
CityCommunity Services.
Section 88. That Section 23-203(b), (c), (d) and (e) of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 23-203. Prohibited acts; permits.
. . .
(b) Unless a sign has been posted by the Service AreaUnit that the particular
recreation area or a portion thereof is open for such use, it shall be unlawful to:
. . .
(c) No person shall engage in any conduct or activity within or upon a
recreation area when a sign has been posted by the Service AreaUnit that such
conduct or activity is not allowed in the recreation area or a portion of the area, based
on a determination by the Service AreaUnit that such prohibition is appropriate to
protect the safety or well-being of persons, or animals, or to protect or preserve the
recreation area and related facilities, or any other City property or facility, the use
and enjoyment of the same by the general public, or the needs and objectives of the
City in maintaining and operating the same.
(d) Except as authorized by a permit obtained for such use from the Service
AreaUnit, it shall be unlawful to:
. . .
(e) Research or public safety related training activities involving any of the
activities prohibited in this Article, including without limitation the training of search
and rescue dogs off-leash, may be authorized by the Service AreaUnit by permit in
accordance with the procedures and standards set forth in § 23-204.
Section 89. That Section 23-204(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 23-204. Recreation area permit process.
(a) Any person or organization seeking a permit for the purposes set forth in
this Article shall apply for a recreation area permit by filing a verified application
with the Service AreaUnit on a form supplied by the Service AreaUnit. An
application must be submitted and completed not less than ten (10) business days
before the date on which a permitted activity is to commence; provided, however,
that the Service Area may accept and process an application that is filed after the
filing deadline if, in the judgment of the Director, there are sufficient time and
sufficient resources to process and investigate the application and make any
preparations necessary for the activity.
Section 90. That the definition of “Art in Public Places Coordinator (or APP
Coordinator) contained in Section 23-302 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Art in Public Places Coordinator (or APP Coordinator) shall mean a City staff
member designated by the Director of Cultural, Library and Recreation
ServicesCommunity Services as the Art in Public Places Coordinator. The
Coordinator will serve the APP Board as City staff liaison.
Section 91. That Section 23-307 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 23-307. Administration.
The Director of Cultural, Library and Recreation ServicesCommunity Services
shall administer the provisions of this Article in a manner consistent with the APP
Guidelines. The guidelines shall provide for the selection of works of art; the
placement and presentation of works of art; the maintenance, repair and care of
works of art; the payment for works of art; the acceptance of donations of works of
art; and such other matters as the Director deems necessary and appropriate. The
Director shall designate an APP Coordinator who will serve as staff liaison to the
APP Board.
Section 92. That Section 24-1(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-1. Signs on streets, sidewalks and public rights-of-way prohibited;
removal; exceptions; permit.
. . .
(2) Traffic control signs erected by the City and directional or informational
signs erected by the City or other governmental entities which relate to
facilities and areas owned, maintained or operated by the City or such other
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governmental entities. Before any directional or informational sign of a
governmental entity other than the City is erected, the governmental entity
must obtain a permit authorizing the sign from the City Traffic Engineer.
. . .
Section 93. That Section 24-91 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 24-91. List of street names.
All new arterial and collector streets, as defined in the City of Fort Collins
Master Street Plan, are to be named from the list of street names approved by the
City Council. The list of street names shall be composed of names of natural areas,
natural features, historic and/or well-known places, citizens of the City or Growth
Management Area whom the City Council would like to honor posthumously, and
such other names of places, things or deceased persons as the City Council may
approve. With respect to citizens of the City whom the City Council desires to honor
posthumously, such citizens must have devoted much time and effort to the City
either as a former City officer or employee, a former Colorado State University
officer or employee, a person important in the founding of the City or a former
citizen of exemplary character deserving of special recognition. The list of street
names shall be adopted and amended by the City Council by resolution. All new
arterial and collector streets which are not extensions of existing arterial and
collector streets must be named from the foregoing list of street names, and the
Director of Community Planning and Environmental ServicesDevelopment and
Neighborhood Services shall strike names from the list as they are used in the
naming of such new arterial and collector streets and shall promptly file an updated
list in the Office of the City Clerk.
Section 94. That Section 24-131 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 24-131. Statement of legislative finding.
Public necessity and convenience require that a portion of State Highway No. 1,
which lies in and on a street of the City, be widened and reconstructed in accordance
with the plans and specifications of Project No. C 06-0001-17 of the State
Department of HighwaysTransportation, State of Colorado.
Section 95. That Section 24-133 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 24-133. Right of State Department of Highways recognized.
The City recognizes the right of the State Department of HighwaysTransportation
and its contractor or contractors to proceed at once or at any time in the future to
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construct the connecting links of State Highway No. 1 in the City on the portions of
the street involved.
Section 96. That Section 24-136(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-136. Parking and speed limits.
. . .
(c) Upon the basis of engineering and traffic investigations by the State
Department of HighwaysTransportation and the City, it has been determined that a
reasonable and true prima facie speed limit on portions of the street shall be a
minimum of thirty-five (35) miles per hour in the business district and a minimum
of thirty-five (35) miles per hour on the remaining portions, provided that standard
signs are erected giving notice of the authorized speed as provided by C.R.S.
Section 97. That Section 24-137 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 24-137. Right of State Department of HighwaysTransportation to
purchase property recognized.
In order to establish the streets and connecting links, it will be necessary to take
and purchase certain property included within the above described right-of-way. By
adoption of this Article, the City recognizes the right of the State Department of
HighwaysTransportation to purchase or condemn any such private property.
Section 98. That Section 25-166(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-166. Preservation of returns and other records; confidentiality.
. . .
(b) Except in accordance with a court order or as otherwise provided by law,
the Financial Officer shall not divulge or make known in any way any financial
information obtained from any investigation conducted by the Financial
Administration UnitFinance Department or disclosed in any document, report or
return filed in connection with the taxes covered by this Article. The persons charged
with custody of such documents, reports, investigations and returns shall not be
required to produce any of them or evidence of anything contained therein in any
action or proceeding in any court, except on behalf of the Financial Officer in any
action or proceeding under the provisions of this Article to which the Financial
Officer or the City is a party or on behalf of any party to an action or proceeding
under the provisions of this Article when the report of facts shown thereby is directly
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involved in such action or proceeding, in either of which events the court may
require the production of and may admit in evidence so much of the reports or of the
facts shown thereby as are pertinent to the action or proceeding and no more.
Section 99. That Section 25-190(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-190. Lien on construction improvements.
. . .
(b) The Director of Building and ZoningBuilding Official shall not make a
final inspection on or issue a certificate of occupancy for any construction project
unless a person has paid or arranged with the Financial Officer to pay all taxes due
under this Article on all fixtures, minerals and other construction materials and
supplies or tangible personal property used in or connected with the construction,
reconstruction, alteration, expansion, modification or improvement of any building,
dwelling or other structure or improvement to real property in the City.
Section 100. That Section 26-719 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 26-719. Discontinuance of service at user's request.
All orders for termination of water, wastewater or electric service shall be made
to the Financial OfficerUtilities Customer Service Office at least three (3) days prior
to the desired discontinuance date. The user will be liable in any event for utility ser-
vices consumed until the final meter reading is obtained. The termination notice
given by the user does not relieve the user in any way from any minimum charges
or payments guaranteed under a service contract.
Section 101. That Section 27-59(c) 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
property.
. . .
(c) Any cost assessment shall be a lien in the several amounts assessed against
each property from the date the assessment became due until paid and shall have
priority over all other liens, except general taxes and prior special assessment liens.
Any such assessment shall be billed by the Director of Neighborhood and Building
ServicesCommunity Development and Neighborhood Services, or the City Forester,
or his or her designees, 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
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recent address as may be available to the City, and to any agents, representatives or
occupants as may be known. If any such assessment is not paid within thirty (30)
days after it has been billed, the Financial Officer, or his or her designee, is hereby
authorized to thereafter certify to the County Treasurer the list of delinquent
assessments so billed, 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 shall be the same in substance and 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 unpaid 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 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 102. That Section 27-60 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-60. Time limit for compliance; appeals; hearings.
Upon receipt of a notice given by the City Forester pursuant to § 27-18, 27-57
or 27-58, the property owner shall have the right to contest the order of the City
Forester to the Referee by filing with the Referee a petition for review at the office
of Neighborhood and BuildingCommunity Development and Neighborhood
Services. A written request for a hearing before the Referee must be submitted within
five (5) days from the date of service of the order. Pending a final determination by
the Municipal Court Referee, the property owner need not complete the work
required to be done by the City Forester, unless such work involves a violation of
Paragraph 27-57(a)(5). If the Referee sustains all or any part of the order of the City
Forester, the 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.
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Introduced, considered favorably on first reading, and ordered published this 3rd day of
April, A.D. 2012, and to be presented for final passage on the 17th day of April, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on the 17th day of April, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
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