HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2018 - FIRST READING OF ORDINANCE NO. 072, 2018, AMENDINGAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY June 5, 2018
City Council
STAFF
Eric Keselburg, Compliance Supervisor
Jody Hurst, Legal
SUBJECT
First Reading of Ordinance No. 072, 2018, Amending Chapter 19 of the Code of the City of Fort Collins
Regarding Civil Infractions.
EXECUTIVE SUMMARY
The purpose of this item is to remove the notification requirement for violations of Chapter 19 of the City Code
to allow Code Compliance Inspectors the flexibility to issue immediate citations for all properties, including
some identified and sustained egregious or chronic offenders of the nuisance code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The current Code allows an officer to immediately serve a civil citation without prior notice for a civil infraction
in certain circumstances, including a second or subsequent violation within a twelve-month period for the same
violation. Other violations are for parking on yards, occupancy code violations, and some animal violations.
Allowing the option to take immediate enforcement action should expedite correction of observed nuisance
infractions without requiring the notification process that sometimes delays corrective action. Staff would create
a clearly defined department policy to provide guidance to compliance officers on when it is appropriate to
provide a notice of violation and when to issue a citation without allowing an opportunity to correct the violation.
PUBLIC OUTREACH
Proposed changes have been communicated to the public through an article in Neighborhood News and a
news release will be issued next week.
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ORDINANCE NO. 072, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 19 OF THE CODE OF THE CITY
OF FORT COLLINS REGARDING CIVIL INFRACTIONS
WHEREAS, on December 19, 2006, the City Council adopted Ordinance No. 198, 2006,
(the “Original Ordinance”) amending City Code to establish a civil infraction for many
violations of City Code previously considered misdemeanors; and
WHEREAS, the Original Ordinance made mandatory the issuance of a notice of violation
before a civil citation could be issued, with a single exception that allowed for the immediate
issuance of a citation for “a threat to the public health, safety, or welfare”; and
WHEREAS, since the adoption of the Original Ordinance, many exceptions have been
added to the Code, permitting Code Enforcement Officers to immediately issue civil citations for
various offenses; and
WHEREAS, those exceptions have provided flexibility and have proven effective for
Code Enforcement Officers; and
WHEREAS, changing the requirement will provide consistency in enforcement
procedures; and
WHEREAS, removing the Code requirement to provide a notice of violation before a
civil citation is issued will give more flexibility to Code Enforcement Officers when dealing with
properties within the City; and
WHEREAS, the City Council has determined that the proposed amendments are in the
best interests of the City and are necessary for the health, safety, and welfare of the City’s
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 19-63 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 19-63. Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this Section:
. . .
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Charging document shall mean the document initiating the civil infraction matter,
whether denoted as a complaint, summons and complaint, citation, penalty assessment
notice, removal assessment, civil citation, or other document charging the person with the
commission of a civil infraction or infractions.
. . .
Section 3. That Section 19-65 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 19-65. Commencement of action; citation procedure.
(a) Officers shall have the authority to initiate enforcement proceedings as provided
below.
(1) An officer who has reasonable grounds to believe that a responsible party
has committed a civil infraction under this Code is authorized to serve a notice of
violation or a civil citation to the responsible party. If a notice of violation has
been issued instead of a civil citation, Except as otherwise provided in this Code,
the officer shall set a reasonable time period within which the responsible party
must correct the violation. This determination shall be based on considerations of
fairness, practicality, ease of correction, the nature, extent and probability of
danger or damage to the public or property, and any other relevant factor relating
to the reasonableness of the time period prescribed. An officer may, when issuing
a civil citation, also set a time within which the responsible party must correct the
violation, using the considerations above. immediately serve a civil citation to a
responsible party, without prior notice for a civil infraction in the following
circumstances:
a. The violation of City Code Sections 4-70, 4-74, 4-95, 4-96, 4-97, 4-
119, 4-157, or 4-177.
b. The violation of City Code Section 17-168.
c. If there is reason to believe that the violation presents a threat to the
public health, safety or welfare or the damage done by the violation is
irreparable or irreversible.
d. If the violation is a second or subsequent violation by the responsible
party that occurred within the twelve (12) months immediately
following a previous violation.
e. The violation of Land Use Code Section 3.8.16 pertaining to
occupancy limits.
f. The violation of City Code Section 20-105 during a stadium event or
within four (4) hours before the official start time of a stadium event,
as defined in Section 1214.5(6) of the Fort Collins Traffic Code.
(2) The citation form shall include, but need not be limited to, the following:
a. Date and time of issuance.
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b. Name and signature of officer.
c. Name and address of the responsible party.
d. Code section for violation charged.
e. Brief description of the nature of the violation, including location,
date and time of violation and, if applicable, description of the actions
required to correct the violation.
f. Amount of the applicable civil penalty and costs, assessments and
fees.
g.f. Procedure for the defendant to follow in paying the civil penalty,
costs, assessments and fees or contesting the citation.
h.g. Notice that additional citations may be served for each day that the
applicable violation is found to exist.
i. Notice that failure to pay the civil penalty, costs, assessments and fees
within the time allowed and failure to request a hearing within ten (10)
days of service of the citation shall constitute a waiver of the responsible
party's opportunity for a hearing, and that, in such case, judgment may be
entered up to the amount stated on the citation together with any court,
abatement or removal costs, as applicable.
(3) The officer may require that a responsible party or any person receiving a
citation provide proof of identity and residential or work address.
(4) The officer shall attempt to serve the citation to a responsible party at the
site of the violation. If no responsible party can be located at the site of the
violation, a copy of the citation shall be served by mail to the responsible party
via first-class mail at any last known address of said party in the records of the
City or County and a copy shall also be left with any adult person residing or
working at the site of the violation. If no adult person is found at the site and the
violation occurred on private property or on property for which a responsible
party has responsibility under any other ordinance or the violation involves a
vehicle or trailer as the nuisance, then a copy of the citation shall be posted in a
conspicuous place on the property or attached to the vehicle or trailer, whichever
is applicable.
(5) The officer 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.
(6) Proper notice shall be deemed served on the date of receipt by the
responsible party if personally served, or upon the fifth day after mailing,
attaching or posting of the citation.
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Introduced, considered favorably on first reading, and ordered published this 5th day of
June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of June, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk