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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/18/2005 - ITEMS RELATING TO OCCUPANCY REGULATIONS AND OTHER ITEM NUMBER : 19 A- E DATE : October 18 , 2005 AGENDA ITEM SUMMARY STAFF : Darin Atteberry FORT COLLINS CITY COUNCIL Steve Roy Tess Heffernan SUBJECT Items Relating to Occupancy Regulations and Other Neighborhood Quality of Life Issues . RECOMMENDATION Staff recommends approval of the Ordinances on First Reading. The Planning and Zoning Board recommends approval of the Land Use Code changes that would be made by adoption of Ordinance No. 123 , 2005 . FINANCIAL IMPACT The proposed revisions to the occupancy regulations will require an additional Housing Inspector, including related commodities and contractual services costs, in order to effectively investigate and enforce the code . The costs for the program would be $ 10,500 in one-time and $73 ,600 in ongoing funds . Permit and inspection fees, surcharges and fines will ultimately cover a portion and possibly all of these costs . Staff will provide an update on the actual costs of the program within one year of the effective date. If Council chooses to also enact a rental registration requirement for single- and two-family dwellings, the cost to administer that program will be $57,000 annually, plus an additional $98 ,000 in one-time costs during the first year. This would cover all system costs, licensing fees, staff and administrative expenses . The program is designed to be self-supporting; thus, these costs will be covered in their entirety by registration fees . In summary, the cost of both programs is : Housing and Occupancy Compliance Program $ 10,500 one time $ 73 ,600 ongoing Rental Registration Program $ 98 ,000 one time $ 57,000 ongoing October 18 , 2005 -2 - Item No . 19 A- E EXECUTIVE SUMMARY This Council meeting will focus on revisions to the City ' s current regulations prohibiting more than three unrelated persons from inhabiting a single dwelling unit. Staff is also recommending revisions to the Land Use Code related to boarding houses, and is presenting an option that would establish a rental registration program for the purpose of identifying rental units within the city limits of Fort Collins . A. First Reading of Ordinance No . 123 , 2005 , Making Various Amendments to the Fort Collins Land Use Code Relating to Residential Occupancy Limits . B . First Reading of Ordinance No . 124, 2005 Amending Chapter 5 , Article VI of the City Code Relating to Rental Housing. (Option A - Without Registration) . OR First Reading of Ordinance No . 124, 2005 Amending Chapter 5 , Article VI of the City Code Relating to Rental Housing. (Option B - With Registration) . C . First Reading of Ordinance No. 125 , 2005 , Amending the City Code Relating to Court Referees. D . First Reading of Ordinance No . 126, 2005 , Amending the City Code Relating to General Penalties . E. First Reading of Ordinance N. 127, 2005 , Amending Chapter 20, Article VIII of the City Code Relating to Abatement of Public Nuisances . BACKGROUND During several recent work sessions Council has discussed potential changes related to the City's occupancy regulation for dwelling units. Following sessions in June and August 2005 , Council gave direction for staff to change the City ' s occupancy regulation to a civil infraction so as to make the ordinance more enforceable . Additionally, staff was instructed to bring forward revisions that: • Limit occupancy to a family plus one caregiver or no more than 3 adults plus dependents in all dwelling units ; • Continue the current practice of accepting boarding houses in zones where they are allowed as long as they meet certain requirements and go through a public hearing process ; and October 18 , 2005 -3 - Item No . 19 A- E • Provide an option for a rental registration program. ORDINANCE NO. 123, 2005, AMENDING THE LAND USE CODE (Item A) 1 . Definitions and Occupancy Limit The most significant changes that would be made by adoption of this Ordinance are the changes to the City's occupancy regulation. The Ordinance would keep the occupancy limit separate from the definition of family and make it easier to understand. It includes a new definition of family and a separate occupancy limit not based on relatedness . Since the August 23 , 2005 , work session, staff has reviewed a variety of occupancy scenarios and, as a result, has refined the definitions of adult and provisions regarding occupancy limit. Adult has been revised in order to allow for adult dependents ( 18 years of age or older) who are living with their parents . Occupancy limit has also been refined so that the maximum occupancy per dwelling unit shall be : a. one family as defined in Section 5 . 1 .2 and not more than one additional person; or b, two adults and their dependents, if any, and not more than one additional person. The change to part 1 of the occupancy limit provision replaces a prior reference to "caregiver" with "additional person. " The change to part 2 replaces "three adults and their dependents, if any" with "two adults and their dependents, if any, plus not more than one additional person" in order to address the concern of overcrowding by too many sets of dependents . The occupancy limit would apply to all dwelling units : single family, duplex and multi-family. 2 . Boarding House Provisions - Revisions to the Land Use Code The other significant changes that would be made by this Ordinance have to do with boarding houses . Boarding houses are permitted in numerous zone districts . This Ordinance contains requirements that would have to be satisfied before a boarding house could be approved in any of those zone districts : minimum square footage, parking, and for boarding houses in the L-M-N zone district only, a spacing requirement. In addition to meeting the City's existing Rental Housing Standards , the minimum square footage required would be 350 square feet per boarder plus an additional 400 square feet for an occupant family. The dwelling would also be required to have two off-street parking spaces per three bedrooms, plus one parking space per two employees. As written, this Ordinance would also add a provision requiring a 300-foot separation between boarding houses in the LMN zoning district. No separation requirement would be imposed on boarding houses in other zone districts . Finally, the Ordinance would enable the City decisionmaker to condition the issuance of a certificate of occupancy for a boarding house on compliance with the City's nuisance ordinances . October 18 , 2005 -4- Item No . 19 A- E The occupancy limit would not apply to boarding houses . Rather, the combined requirements of minimum square footage per occupant, and off-street parking spaces and, if Council so chooses, spacing requirements would work collectively to limit the maximum number of occupants in a unit. In the zones that allow boarding houses, applications for boarding houses are reviewed through a formal public hearing process under the Land Use Code in all but the NCB and CL zone districts, in which a boarding house is a use by right. In some districts this is a Type 1 hearing before a hearing officer, and in others it is a Type 2 hearing before the Planning and Zoning Board. Existing boarding houses would be "grandfathered" if the owner can present a valid certificate of occupancy. Otherwise, the owner would need to obtain a new certificate of occupancy under the current requirements. 3 . Planning and Zoning Board Recommendation. The Land Use Code requires that all potential changes to the Land Use Code be heard by the Planning and Zoning Board before Council adopts changes . As a result, the Planning and Zoning Board reviewed the proposed Land Use Code changes at their last regular hearing, held September 15 , 2005 , and recommended approval of the proposed changes . The Board did not make a specific recommendation regarding any particular spacing or separation distance ; however it noted that the four options presented to them should also be presented to Council. Those options were sent to Council in September and are attached. It should be noted that the options sent to the Planning and Zoning Board have since been modified to those discussed in this Agenda Item Summary. ORDINANCE NO. 124, 2005, AMENDING THE RENTAL HOUSING STANDARDS (Item M Two versions of this Ordinance are being presented for Council's consideration. Option A makes basic changes to the Rental Housing Standards to update the minimum standards, eliminate the owner occupied "loophole" and change the penalty for an occupancy violation to a civil offense . Option B contains these same changes and also adds a rental registration program. Amendments to Rental Housing Code (Option A) 1 . Rental Standards These revisions to the Rental Housing Standards address commonly identified housing concerns that effect renters ' health and well-being. They include provisions that specify that a lack of general maintenance of a structure, rat or vermin infestation, filth or contamination, or lack of ventilation or illumination are considered a nuisance. Additionally, provisions are included that correspond with the City' s most recently adopted International Codes and Dangerous Building Code, and the 2003 International Property Maintenance Code. This assists enforcement staff in ensuring that minimal standards are maintained in the rental community. October 18 , 2005 -5- Item No . 19 A- E Pursuant to direction at the August 2005 work session, staff will be presenting additional proposed amendments to the Rental Housing Standards in the first quarter of 2006 . 2 . Certificate of Occupancy The Ordinance further provides that, in order to obtain a certificate of occupancy for a boarding house, the Building Official could impose terms and conditions , including compliance with all state and local laws and regulations or administrative orders . In determining whether to revoke or suspend a previously issued certificate of occupancy, the official could consider any history or pattern of the applicant and/or of the applicant' s property managers or tenants . 3 . Truth in Advertising This new clause would require that any certificate allowing occupancy in excess of the limit (e. g. in the case of a boarding house) be posted on the back of the front door of the dwelling. Additionally, any advertisement, sign or other communication regarding the rental of a dwelling would have to state the maximum permissible occupancy of the unit. 4. Violation and Penalties With these changes, a violation of the occupancy limits would become a civil infraction. The burden of proof in a civil case is by a preponderance of the evidence rather than beyond a reasonable doubt, and adverse parties (those charged with a violation) can be called as witnesses in civil cases . Penalties could include a fine of not less than $500 or more than $ 1 ,000 for each violation; a court order to comply with any conditions reasonably calculated to ensure compliance with the Code or with the terms and conditions of any permit or certificate granted by the City; an injunction or abatement order; and/or revocation or suspension of any certificate issued by the City with respect to the dwelling. Amendments to Rental Housing Code with Options for Residential Rental Registration Program (Option B) Option B of the Ordinance adds a rental registration program in addition to the changes that would be made by Option A. If Council adopts Option B , the Ordinance would establish procedures for identifying rental units within the city limits of Fort Collins . The purposes of the rental registration program would be to identify single-family and duplex rental units ; educate all parties about the various codes related to neighborhood quality of life, nuisances and rental property standards ; provide information that will support data-driven policy making; and increase the efficacy of nuisance code enforcement through better information sharing. Council members have expressed concerns about tenant privacy and the release of names and/or other information to the general public . Tenant information would not be kept on file by the City; however, it would have to be provided to the City by the owner upon request by the City. The database itself, like most records kept by the City, would be considered a public record and made October 18 , 2005 -6 - Item No . 19 A- E available for public inspection upon request. There are differences in opinion, however, as to whether or not owner contact information should be readily available to any person with access to the Internet. In an attempt to strike a balance, staff is proposing that a listing of the addresses of those properties that have been registered be available online. The remaining information in the database (owner name and contact information, etc . ) would be available by request and would involve payment of a small administrative fee, similar to requests for criminal background checks or copies of police reports . There are approximately 21 ,000 rental units within the Fort Collins city limits, ofwhich an estimated 5 ,000 are single-family and 1 ,500 are two-family dwellings which would fall under the registration requirement. Elements of the proposed registration program would include the following : • Online registration and payment; mail-in forms also available • If the property owner is a corporation or business, a contact name would have to be provided • Information required: I . Owner name, address and phone 2 . Property address and type of unit 3 . Agent or contact person, if applicable, including address and contact information • Term: annual renewal, or within 30 days upon change of ownership. Information would have to be kept current. • Fee : $40 per dwelling unit for initial registration. $20 per dwelling unit annually thereafter. No charge for updates to information unless the property changes owner. • Penalty for non-compliance : civil misdemeanor offense, punishable by a minimum fine of $ 500 per violation. Properties owned by the Fort Collins Housing Authority, those inspected annually for HUD compliance, and other uses such as nursing homes and group homes would be exempt from the registration requirement. A detailed breakdown of the costs and revenues associated with the rental registration program is attached. If Council wishes to move ahead with registration, staff members are prepared to conduct a thorough outreach and education campaign. One tool would be that of a direct mailing to those properties where the Assessors records list an owner at an address different from the property. Staff would also use a variety of outreach methods to reach property owners, property managers, tenants and others with an interest in this issue. All of the forms , instructions and links to applicable codes would be available on the City ' s website at fcgov. com prior to the implementation of the rental registration program. IMPLEMENTION TIMELINE OPTIONS Included in both ordinances are three possible implementation dates : August 1 , 2006, January 1 , 2007 , or August 1 , 2007 . As requested, the following summarizes the pros and cons of each: October 18 , 2005 -7 - Item No . 19 A- E August 1 , 2006 — 8 months for outreach and education Pros : fast implementation - implemented for next lease cycle - implementation before next Council election Cons : - relatively short time for landlords to change leases - new Housing Compliance Inspector not funded until 2007 January 1 , 2007 — 14 months for outreach and education Pros : - 1 year for planning - implementation before next Council election - implementation would still occur in August 2006 in most cases because many leases change over on August 1 st - new Housing Compliance Inspector funded for 2007 Cons : - may seem too long to wait for those being negatively impacted August 1 , 2007 — 20 months for outreach and education Pros : - plenty of time for planning and training plenty of time for outreach Cons : - after next Council election - may seem too long to wait for those being negatively impacted As with the rental registration program, outreach will be conducted on all changes to the code related to occupancy. Extra efforts will also be made to inform landlords about the potential for obtaining a certificate of occupancy for a boarding house and how to go about that process . Neighborhood and Building Services staff will use a variety of outreach methods, including direct mailing to stakeholders, general media releases, and targeted meetings and contacts with interested parties and their representative groups . ENFORCEMENT Prior to implementation of the ordinances under discussion, enforcement of the existing occupancy code will remain "status quo . " The exception to this would be the new "truth in advertising" requirement, whereby the owner or property manager must state in any advertisement the maximum occupancy of the dwelling. This will go into effect ten days after second reading of that ordinance; second reading is currently scheduled for November 15 , 2005 . Once the new laws and related resources are in place, enforcement of the new provisions would follow that of other codes. If an alleged violation is brought to the attention of the Housing Inspector an investigation will be conducted to determine if there are sufficient grounds for a October 18 , 2005 -8 - Item No . 19 A- E summons. If a summons is served, the violator(s) would be required to appear before the referee for a hearing. At the hearing, evidence would be presented on both sides . It should be noted that in the case of occupancy violations, neighbors may have to be called as witnesses . The referee would then decide if a violation exists and, if so, would assess a fine of $500 to $ 1000 . He or she could also enter orders to prevent future violations . The decision of the referee could be appealed to Municipal Court. If the fine was not paid, the potential exists to put a lien on property or use a collection agency. As with all prosecutions, it is possible that a plea agreement could be reached before the matter proceeded to hearing. OTHER PROPOSED ORDINANCES. The three remaining ordinances are needed to fully implement the changes to the two ordinances described above. The effect of each ordinance is discussed below: Ordinance No . 125 , 2005 - amendments to court referee section of the Code providing a civil infraction process (Item C) . Ordinance No . 126, 2005 - amendments to the general penalty section of the Code setting the penalty parameters for civil violations (Item D) . Ordinance No . 127 , 2005 - amendments to the public nuisance ordinance allowing for violations of civil infractions to be included in the public nuisance process and housekeeping changes to clarify the public nuisance process (Item E) . ATTACHMENTS 1 . September 14, 2005 Memorandum to Planning and Zoning Board re : Boarding House Options and Planning and Zoning Board Minutes 2 , Residential Rental Registration Costs and Revenue ORDINANCE NO , 123 , 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE RELATING TO RESIDENTIAL OCCUPANCY LIMITS WHEREAS , on March 18 , 1997, by Ordinance No . 51 , 1997, the Council of the City of Fort Collins adopted the Fort Collins Land Use Code (the "LUC ") ; and WHEREAS , at the time of the adoption of the LUC, it was the understanding of staff and Council that the LUC would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the LUC remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS , the LUC presently limits the occupancy of all dwelling units in the city to a " family" as that term is defined in the LUC : and WHEREAS , the current occupancy regulation contained in the LUC consists of a series of defined terms, such as " family, " " dwelling, " "dwelling unit, " etc. , so that the regulation is difficult for residents of the City to find and fully understand; and WHEREAS , the current occupancy regulation is also difficult to enforce, not only because violations of the regulation must be proved beyond a reasonable doubt, but also because there are no guidelines in the LUC for the finder of fact to use in deciding whether certain persons actually " occupy" a dwelling unit as opposed to simply frequenting the unit on a regular basis; and WHEREAS , the City's inability to effectively enforce the current occupancy regulation has resulted in the overcrowding of dwelling units in the City by non-family members, leading to an increase in neighborhood disturbances, more vehicles in neighborhoods than can be reasonably and safely accommodated, a deterioration in the upkeep and appearance of residential properties, and the wholesale conversion of owner occupied housing to rental housing, all of which seriously jeopardizes the serenity, character and quality of life in such neighborhoods, making the housing therein less desirable for owner occupancy; and WHEREAS , a property owner's ability to rent a single-family houses to multiple tenants without regard to the City's occupancy regulations has enabled such property owners to command high rents and has increased the cost of such housing to a level that is often beyond the reach of moderate income families seeking to purchase single-family homes for owner occupancy; and WHEREAS, the occupancy regulation can be made more readily enforceable by converting it to a civil infraction and by addition certain indicia of occupancy to be considered by the finder of fact; and WHEREAS , the more stringent enforcement of a revised occupancy regulation will likely increase the need for affordable rental housing in the City, which need can be appropriately addressed by the increased use of boarding and rooming houses, as defined in, and regulated by, the LUC ; and WHEREAS , the City Council has commissioned a study of the effects of maintaining and more stringently enforcing the City's occupancy limits, entitled "Economic and Market Study: Impact Analysis of `Three Unrelated Persons ' Ordinance Enforcement in the City of Fort Collins " and dated January 2005 , and has carefully considered the findings and conclusions contained therein; and WHEREAS , the City Council believes it to be in the best interests of the citizens of the City to amend the LUC so as to : ( 1 ) establish a new occupancy regulation that is understandable, fair, and enforceable ; and (2) revise the standards for approving boarding houses in the City so that boarding houses can better accommodate a reasonable number of tenants in those areas of the City that are suitable for higher densities ; and WHEREAS , City staff and the Planning and Zoning Board have recommended a series of amendments to the LUC to accomplish these objectives, and the City Council believes that those amendments will directly advance the interests and objectives described above ; and WHEREAS , the City Council has determined that the Land Use Code amendments which have been proposed are in the best interests of the City and its citizens . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code is hereby amended as follows : Section 1 . That Section 2 . 14 . 1 . of the Land Use Code is hereby amended to read as follows : 2. 14. 1 . Methods of Enforcement. The provisions of this Land Use Code shall be enforced by the following methods : ( 1 ) requirement of a Building Permit; (2) requirement of a certificate of occupancy; (3 ) inspection and ordering removal of violations ; (4) criminal ' ;' ; ''for civil proceedings ; and (5 ) injunction or abatement proceedings . Section 2 . That Section 2 . 14 .4 of the Land Use Code is hereby amended to read as follows : 2 . 14.4. Criminal and Civil Liability ; Penalties. (A) Except as otherwise specified in this Land Use Code, Aany person (including, without limitation, the developer of, owner of, or any person possessing, occupying or trespassing upon, any property which is subject to this Land Use Code, or any agent, lessee, employee, representative, successor or assign thereof) who violates this Land Use Code or who fails to comply with any of its requirements or who fails to comply with any orders made thereunder, shall 11 ^M �^""ietie be guilty of a misdemeanor and upon conviction shall be subject to the penalties ptmish.ed rovided in Section 1 - 15 of the City Code. Each day that such a violation occurs shall constitute a separate offense. Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violations of this Land Use Code. (B) An owner, property manager, or occupant commits a civil infraction by violating any provision of Section 3 . 8 . 16 . Each day during which the limitation on the number of occupants is exceeded shall constitute a separate violation. A finding that such civil infraction has occurred shall subject the offender(s) to any or all of the following actions : ( 1 ) the imposition of a civil penalty of not less than five hundred dollars ($500) and not more than one thousand dollars ($ 1000) for each violation, with each day during which the limitation on the number of occupants is exceeded constituting a separate violation; (2) an order to comply with any conditions reasonably calculated to ensure compliance with the provisions of Section 3 . 8 . 16 or with the terms and conditions of any permit or certificate granted by the city; (3 ) an injunction or abatement order; (4) denial, suspension, or revocation of any city permit or certificate relating to the dwelling unit. Section 3 . That Section 3 . 2 .2(K)( 1 )(e) of the Land Use Code is hereby amended to read as follows : (e) Boarding Houses/Fraternity and Sorority Houses : For each boarding and rooming house or fraternity or sorority house, there shall be effe -(1-)two (2) parking spaces per two (2) be4sthree (3 ) bedrooms, plus one ( 1 ) parking space per two (2) employees . Section 4 . That Section 3 . 8 . 3 of the Land Use Code is hereby amended to read as follows : 3 .8.3 Home Occupations A home occupation shall be allowed as a permitted accessory use, provided that all of the following conditions are met: (9) In particular, a home occupation may include, but is not limited to, the following, provided that all requirements contained herein are met: (a) art studio ; (b) dressmaking or millinery work; (c) professional office; (d) office for insurance or real estate sales ; (e) teaching;. (f) Le Fenting oFooms 11 ll that a two 2) per-sons pe dwelling, rvrrcccc all..�lllll{{C..ILLIl �TTIUV1ll1Gl�l1Ll—VPIIIVVVllllll b�llll��//�NIIIG 0eeUpation is" by e ownef. Section 5 . That Section 3 . 8 . 16 of the Land Use Code is hereby amended to read as follows : 3 .8. 16 Occupancy Limits ; Increasing the Number of Unrelated Persons Allowed (A) Except as provided in subsection (B) below, or pursuant to a certificate of occupancy issued by the city to the owner of the property, the maximum occupancy allowed per dwelling unit in a single-family, two-family, or multi- family dwelling shall be : l . one ( 1 ) family as defined in Section 5 . 1 .2 and not more than one ( 1 ) ADDITIONAL PERSON; or 2 . Two 2 adults and their dependents, if any, AND NOT MORE THAN ONE (1 ) ADDITIONAL PERSON. (B) Exceptions. The following shall be exempt from the maximum occupancy limit established in subsection (A) 1 of this section: 1 . dwellings regularly inspected or licensed by the state or federal government, including but not limited to group homes ; and 2 , dwellings owned or operated by a non-profit organization incorporated under the laws of this state for the purpose of providing housing to victims of domestic violence as such is defined in C .R. S . 18-6-800 . 3 . (C) A violation of this section shall be proven by a preponderance of the evidence. A person shall be liable for allowing occupancy in excess of this section if he or she knew, or through reasonable diligence should have known, that a violation of this section was occurring. (D) Definitions. The following words, terms and phrases, when used in this section shall have the meanings ascribed to them below: (1) "ADULT" SHALL MEAN ANY PERSON EIGHTEEN (18) YEARS OF AGE OR OLDER WHO IS NOT A DEPENDENT. (2) "Dependent" shall mean a person related to an adult occupying a dwelling unit by blood, marriage, adoption, guardianship or other duly authorized custodial relationship who receives financial support from said adult and who resides with said adult in the dwelling unit at least three (3 ) calendar months in a calendar year. (3 ) " Occupancy" or "occupy" shall mean the use of a dwelling unit or portion thereof for living, sleeping and cooking or eating purposes . Indicia of occupancy may include, without limitation, the use of a dwelling unit as a legal address for any purpose, living in a dwelling unit under an implied lease or express agreement, overnight use of a dwelling unit for thirty (30) days in a calendar year, or maintaining clothes or other daily living supplies at a dwelling unit. (E) Increasing the occupancy limit. ( 1 ) With respect to single-family and two-family dwellings, the number of persons allowed under Section 3 . 8 . 16 may be increased by the issuance of a certificate of occupancy for use as a boarding or rooming house in zones allowing such use. (2) All l Fesidenlia development approved pprove p u rs u a n t to this Land an Use Code shall eoirrvrrrrt6 thedefinition iry--cc-fes rsnc�rrsLl provided, however-, that = ,With respect to pending appl l .bons f r multiple-family dwellings—*, the decision maker (depending on the type of review, Type 1 or Type 2) may, upon receipt of a written request effrom the applicant and upon and finding that all applicable criteria of this Land Use Code have been satisfied, increase the number of unrelated persons who may reside in individual dwelling units . Further-, The decision maker shall not increase said number unless satisfied that the applicant has provided such additional open space, recreational areas, parking areas and public facilities as are necessary to adequately serve the occupants of the development and to protect the adjacent neighborhood. Section 6 . That the Land Use Code is hereby further amended by the addition of a new Section 3 . 8 .28 which shall read in its entirety as follows : 3 .8.28 Boarding and Rooming House Regulations (A) Boarding and rooming houses shall conform to the occupancy limits and separation requirements specified in the following table : Maximum number of Minimum separation requirements permissible residents, between any other boarding and Zone excluding occupant family rooming house(feet) 1 BOARDER per 350 square feet 300 L-M-N of floor area, IN ADDITION TO A MINIMUM 400 (FOUR HUNDRED) SQUARE FEET OF FLOOR AREA IF OWNER OCCUPIED 1 BOARDER per 350 square feet 0 M-M-N, H-M-N, of floor area, in addition to a N-C-B minimum 400 square feet OF FLOOR AREA IF OWNER OCCUPIED 1 BOARDER per three hundred 0 D, R-D-R, C-CI fifty (350) square feet of floor C-C-N, C-C-R, C, area, in addition to a minimum C-N, N-C , C-L, E, four hundred (400) square feet 1 OF FLOOR AREA IF OWNER OCCUPIED BOARDING HOUSES NOT N/A R-L, N-C-L, R-F, ALLOWED U-E, N-C-M, H- C, P-O-L, R-C (B) A boarding and rooming house may be located without consideration to the minimum separation requirement established in subparagraph (A) of this Section if the boarding and rooming house is separated from other boarding and rooming houses within the area of said minimum separation requirement by a substantial natural or man-made physical barrier, including, but not limited to, an arterial street, a state or federal highway, railroad tracks , river or commercialibusiness district. Such reduction in the separation requirement shall be allowed only if the decision maker determines that the barrier and resulting separation distance adequately mitigate any detrimental impacts resulting from an excessive concentration of boarding and rooming houses in any one ( 1 ) vicinity. Section 7 . That the definition of "Family" contained in Section 5 . 1 . 2 . of the Land Use Code is hereby amended to read as follows : Family shall mean an individual living alone or either of the following , foups ^ any number of persons who are all related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, and who liviffglive together as a single housekeeping unit and sharin share common living, sleeping, cooking and eating facilities.. ( 1 ) Any mmibef- of per-sens related by lly ,� Land L > > > other- duly authorized custodial relationship unless such number is other-wise specifica limit �'S a„1nTU s o Not more than three unfelated per-sons ; o Section 8 . That Section 5 . 1 .2 of the Land Use Code is hereby amended by the addition of a new definition of " Owner" which shall read in its entirety as follows : Owner shall mean any person whose name appears on the tax bill for the property or who, alone or jointly or severally with others, has legal title to any dwelling or dwelling unit, with or without actual possession thereof, or has charge, care or control of any dwelling or dwelling unit as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or assignee of rents . Owner shall not include any person, group of persons, company, association or corporation who holds only a security interest or easement on the real property upon which the dwelling or dwelling unit is situated. Section 9 . That Section 5 . 1 .2 of the Land Use Code is hereby amended by the addition of a new definition of "Property manager" which shall read in its entirety as follows : Property manager shall mean any person, group of persons, company, firm or corporation charged with the care and control of rental housing as defined in Section 2-536 of the City Code who performs services with respect to such rental housing under a contract with the owner thereof or who otherwise acts as representative of an owner with respect to such rental housing. Section 10 . That the provisions of this ordinance will take effect August 31 , 2006 . Introduced and considered favorably on first reading and ordered published in summary form this 18th day of October, A.D. 2005 , and to be presented for final passage on the 15th day of November, A.D . , 2005 . Mayor ATTEST : City Clerk Passed and adopted on final reading this 15th day of November, A.D . 2005 . Mayor ATTEST : City Clerk OPTION A- RENTAL HOUSING CODE WITHOUT REGISTRATION ORDINANCE NO. 1249 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5 , ARTICLE VI OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO RENTAL HOUSING WHEREAS , residential rental housing in the City can be subject to overcrowding and structural deterioration and neglect, which conditions can lead to a decline in neighborhood quality of life, neighborhood appearance and the value of real property in the City; and WHEREAS , such residential rental housing can, without proper attention by landlords, property managers and tenants, also become unsafe, a public nuisance and/or unfit for human habitation; and WHEREAS , the Rental Housing Standards contained in Chapter 5 , Article IV, Division 2 of the City Code set forth minimum standards of habitability for rental properties ; and WHEREAS , the City Council desires to update those minimum standards to reflect more current requirements ; and WHEREAS , changes to the Rental Housing Standards are also necessary to eliminate the current exemption of owner-occupied rentals from the requirements of the Code ; and WHEREAS , additional provisions should be added to the Rental Housing Standards regarding the issuance and revocation of certificates of occupancy for boarding and rooming houses so as to facilitate the provision of additional dwelling units in the City that can safely, lawfully and appropriately accommodate occupancies in rentals higher than the limits set forth in the Land Use Code; and WHEREAS , requiring truth in advertising regarding the maximum occupancy limit of any single-family and two-family dwelling unit and requiring the posting of any certificates of occupancy for boarding houses that allow occupancy in excess of the occupancy limits set forth in the Land Use Code will provide notice to renters and potential investors of the occupancy limits for each dwelling unit; and WHEREAS, requiring open books and records of rental properties, including lease information, is necessary for the effective investigation and enforcement of the City's occupancy regulations as well as its Rental Housing Standards; and WHEREAS , a civil penalty of $ 500 to $ 1000 will serve as a sufficient deterrent and consequence in enforcing applicable occupancy limits in rentals ; and WHEREAS , Council believes that both property owners and tenants should be responsible for ensuring that occupancy of a rental unit is within lawful limits ; and WHEREAS , Council desires to make the foregoing amendments to the City Code in the interest of the health, safety and welfare of tenants, the City' s neighborhoods and the public . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the title and caption of Chapter 5 , Article VI, Division 2 of the City Code are hereby amended to read as follows : DIVISION 2 . - RENTAL HOUSING STANDARDS Subdivision A. Generally Section. 2 . That Section 5 -236 of the Code of the City of Fort Collins is hereby amended to read as follows : Building Official shall mean the Director of Buifding and Zoning which ter shall be synonymons with the duly appointed Director of the Department of Building and oningNeighborhood and Building Services or authorized representative . City Building Code(s) shall mean the fatest edition of the Hni i3nifding eodr, as adopted by the applicable building and construction-trades technical code(s) currently in effect as enacted by the city, including the City Electric Code, City Fuel-gas Code, City General Building Code, City Mechanical Code, City Plumbing Code and the City Residential Building Code, City Electric Code shall mean the applicable technical code currently in effect as enacted by the State, regulating the installation of electric wiring methods, repairs, fixtures, and related equipment. City Fuel-gas Code shall mean the applicable technical code currently in effect as enacted by the city, regulating the installation, repair, replacement of fuel-gas heating appliances and related equipment. City General Building Code shall mean the applicable technical construction code currently in effect as enacted by the city, regulating the construction, repair, alteration, location of all buildings other than Group R-3 detached single- and two- family residences, attached townhouses and related accessory buildings . City 01 Hit Mechanical Code shall mean the latcst edition of the tinifi Nfechanicat eode as adopted by the city applicable technical code currently in effect as enacted by the city, regulating the installation, repair, replacement of heating, cooling, ventilation equipment and related systems and components . 2 City or hirfhi in Plumbing Code shall mean the latest edition of the Uniform applicable technical code currently in effect as enacted by the State, regulating the installation, repair, design, replacement of potable water piping, building waste drainage and venting systems . City Residential Building Code shall mean the applicable technical construction code currently in effect as enacted by the city, regulating the complete construction, repair, alteration, location of all buildings classified as Group R-3 detached single- and two-family residences, attached townhouses and related accessory buildings . Nuisance shall mean- ("any conduct or condition in or upon rental housing that is declared to be a public nuisance Imown at cotmnon lamm or in equity jtmsprudence under any provision of the Code, or any of the following : (21 ) *any attractive nuisance which may prove detrimental to children, whether in a building, on the premises of a building or upon an unoccupied lot. , including but not limited to any abandoned wells, shafts, basements or excavations, abandoned refrigerators and motor vehicles, or any structurally unsound fences or structures or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors; (K) Wwhatever is dangerous to human life or is detrimental to the public health as determined by the Health Officer; (43 ) finsufficient ventilation or illumination; (54) finadequate or unsanitary sewage or plumbing facilities ; (65 ) Huncleanliness, as determined by the Health Officer; (76) Wwhatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer. (7) a structure or related equipment found by the Building Official to be unsafe, or a structure found unfit for human occupancy, or found unlawful, such that it is deemed to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is possible . 3 (8) electrical wiring or wiring device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure . (9) a structure unfit for human occupancy whenever the Building Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Article, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public . ( 10) rental housing that is found in whole or in part to be erected, altered or occupied contrary to law. Owner shall mean any person whose name appears on the tax bill for the property or who, alone or jointly or severally with others, has legal title to any dwelling or dwelling unit, with or without actual possession thereof, or has charge, care or control of any dwelling or dwelling unit as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or assignee of rents . Owner shall not include any person, group of persons, company, association or corporation who holds only a security interest or easement on the real property upon which the dwelling or dwelling unit is situated. Property manager shall mean any person, group of persons, company, firm or corporation charged with the care and control of rental housing as defined in § 2-536 of the Code who performs services with respect to such rental housing under a contract with the owner thereof or who otherwise acts as representative of an owner with respect to such rental housing. Rental dwelling unit shall mean 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 house or a single-family, two-family or multi-family dwelling . Rental housing shall mean any building or mobile home or portion thereof, including the lot, tract or parcel of land on which the same is located, containing any dwelling unit, or guest room or hotel; and any mobfic holne as defined in ehapter f 8 of this eode, or any other similar place intended for �Mma habitation, which is leased, rented or otherwise occupied by a person who is not the fee owner of record of said building, mobile hoine or portion therco or sublet to a family or person(s) for compensation (including money or services and includes the sharing of expenses) . 4 Section. 3 . That Section 5 -237 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-237. Purpose. The pnrposc of tThis Articled is necessary to protect the public health, safety and welfare of the people of the city by establishingto provide minimum standards governing the facilities , utilities, occupancy, repair and maintenance of rental housing to safeguard life or limb, health, and property of persons affected by or subject to the provisions of this Article and the public welfare by regulating and controlling the use and occupancy, location and maintenance of all non-owncr- ocrupi-edrental housing within the city . Section. 4 . That Section 5 -238 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-238. Applicability. (a) The provisions of this Article shall apply to all buildings or portions used or designed or intended to be used for finnian habitation which are considered to be non-owner-occupied 5- .rental housing. All rental housing shall also conform to the applicable city Land Use Code and city Building Codes currently in effect, except as follows : ( 1 ) legal uses that were permitted at the time of their creation or that became legal non-conforming uses as a result of subsequent changes to the Land Use Code ; and (2) rental housing that was legally constructed under the building construction codes enacted by the city at the time of their construction and which rental housing conforms to the provisions set forth in this Article . (b) Existing buildings which arc aitcrcd or cniarged shall be made to con to this code insofar as the new work is concerned and in accordance with the (c) Buildings or structures moved into or within the city shall comply-with the requirements in the city building code . for new buildings and structure Section 5 . That Section 5 -256 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-240. Substandard dwellings declared nuisances . 5 All buildings or portions thereof which are determined to be substandard as defined in this Article are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Sections 5 -302 , 5 -303 and 5 -305 through 5 -307 or through any other procedure allowed by law or ordinance . Section 6 . That Section 5 -256 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-256. Enforcement authority; rules and procedures. The Director o Building and Zoning Official is hereby authorized and directed to enforce all of the provisions of this Article. For such purposes, the Director Building Official shall have the powers of a law enf6rcement office authority to adopt and promulgate administrative rules and procedures consistent with the provisions of this Article ; to interpret and implement the provisions of this Article ; to secure the intent thereof; to enforce all provisions of this article pursuant to the authority granted by the Chief of Police under § 2-504(b)(2) and to designate requirements applicable because of local climatic or other conditions . Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this Article, or of violating accepted engineering methods involving public safety. Section 7 . That Section 5 -257 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-257. Inspection. (a) Whenever necessary to make an inspection to enforce any of the provisions of this Article or any other section of the Code or Land Use Code or whenever the Director of Building and Zonin Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous or hazardous, the Director Building Official may enter such building or premises at all reasonable times to inspect it or to perform any duty imposed upon the Director Building Official by this Article . If such building or premises is occupied, the Director Building Official shall first present proper credentials and request entry. If such building or premises is unoccupied, the Director Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Director Building Official shall have recourse to every remedy provided by law to secure entry. (b) When the Director of Building and Zoning Building Official shall have first obtained an-proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or 6 control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Director Building Official for the purpose of inspection and examination pursuant to this Article. Any such failure to permit entry upon request pursuant to a valid inspection warrant shall be a misdemeanor punishable by the provisions set forth in § 1 - 15 . Section . 8 . That Section 5 -258(a) of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-258. Maintenance of premises ; compliance with codes. (a) Every owner remains liable for violations of duties imposed by this Article even though an obligation is imposed on the occupants of the building and even though the owner has by agreement imposed on the occupant or property manager the duty of furnishing required equipment or of complying with this Article . Nothing herein shall be construed as limiting or interfering with in any way, the right of any persons to establish by written contract specific responsibilities of owners, property managers and occupants for the purpose of leasing or renting non-owner- occupied housing. Every owner or agent, in addition to being responsible for maintaining the building in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a safe condition including the shared or public areas in a building containing two (2) or more dwelling units . Section 9 . That the Code of the City of Fort Collins is hereby amended by the addition of new Sections 5 -263 , 5 -2641 5 -265 and 5 -266, which shall read in their entirety as follows : Sec . 5-263 . 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 a 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 house may include, but not limited to, compliance with all state laws , city ordinances, rules and regulations, and court or administrative orders. (c) In determining whether to revoke or suspend a previously issued certificate of occupancy, the Building Official may consider any history or pattern of Code violations related to the use of the property, or any failure on the part of the applicant or the applicant's property manager or tenants to abate or correct violations at the property as ordered by an enforcement official, referee, or judge. 7 Sec. 5-264. Posting; inspection of books and records ; truth in advertising. (a) Any certificate allowing occupancy in excess of the limit set forth in Section 3 . 8 . 16 of the Land Use Code must be posted on the back of the front door of the dwelling. (b) All books and records relating to the rental of a single-family or two- family dwelling unit or boarding house shall be made available to the city upon request, including lease and tenant information. (c) No owner, owner's agent, lessee or property manager shall fail to clearly state in any advertisement, sign, other form of written or oral representation regarding the rental of a single-family or two-family dwelling unit or boarding house, the maximum permissible occupancy of such unit under Section 3 . 8 . 16 of the Land Use Code. Sec. 5-265. Violation , minimum penalties. An owner, property manager, or occupant commits a civil infraction by violating any provision of Section 5 -263 through 5 -265 . A finding that such civil infraction exists shall subject the offender(s) to any or all of the following actions : ( 1 ) the imposition of a civil penalty of not less than five hundred dollars ($ 500 .) and not more than one thousand dollars ($ 1000 . ) for each violation, with each day during which the violation occurs constituting a separate violation; (2) an order to comply with any conditions reasonably calculated to ensure compliance with the provisions of this title or any approval or certificate granted under this title ; (3 ) injunction or abatement proceedings ; (4) revocation or suspension of any permit or certificate issued by the City with respect to the dwelling. Sec. 5-266. Responsibilities of owner. An owner of a premises remains liable for violations of this Article even though an occupant or manager of those premises is responsible for the premises and regardless of any agreement between the owner and another that imposes or attempts to delegate responsibility for the premises to the other. Section 10 . That Sections 5 -264(c) through 5 -266 shall take effect ten ( 10) days after second reading of this Ordinance and the remaining provisions of this Ordinance will take effect August 31 , 2006 . 8 Introduced and considered favorably on first reading and ordered published in summary form this 18th day of October, A.D. 2005 , and to be presented for final passage on the 15th day of November, A.D . 2005 , Mayor ATTEST : City Clerk Passed and adopted on final reading this 15th day of November, A.D . 2005 . Mayor ATTEST : City Clerk 9 OPTION B- RENTAL HOUSING CODE WITH REGISTRATION ORDINANCE NO. 1249 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5 , ARTICLE VI OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO RENTAL HOUSING WHEREAS , residential rental housing in the City can be subject to overcrowding and structural deterioration and neglect, which conditions can lead to a decline in neighborhood quality of life, neighborhood appearance and the value of real property in the City; and WHEREAS , such residential rental housing can, without proper attention by landlords, property managers and tenants, also become unsafe, a public nuisance and/or unfit for human habitation; and WHEREAS , the Rental Housing Standards contained in Chapter 5 , Article IV, Division 2 of the City Code set forth minimum standards of habitability for rental properties ; and WHEREAS , the City Council desires to update those minimum standards to reflect more current requirements ; and WHEREAS , changes to the Rental Housing Standards are also necessary to eliminate the current exemption of owner-occupied rentals from the requirements of the Code ; and WHEREAS , additional provisions should be added to the Rental Housing Standards regarding the issuance and revocation of certificates of occupancy for boarding and rooming houses so as to facilitate the provision of additional dwelling units in the City that can safely, lawfully and appropriately accommodate occupancies in rentals higher than the limits set forth in the Land Use Code; and WHEREAS , requiring truth in advertising regarding the maximum occupancy limit of any single-family and two-family dwelling unit and requiring the posting of any certificates of occupancy for boarding houses that allow occupancy in excess of the occupancy limits set forth in the Land Use Code will provide notice to renters and potential investors of the occupancy limits for each dwelling unit; and WHEREAS, requiring open books and records of rental properties, including lease information, is necessary for the effective investigation and enforcement of the City's occupancy regulations as well as its Rental Housing Standards; and WHEREAS , a civil penalty of $ 500 to $ 1000 will serve as a sufficient deterrent and consequence in enforcing applicable occupancy limits in rentals ; and WHEREAS , Council believes that both property owners and tenants should be responsible for ensuring that occupancy of a rental unit is within lawful limits ; and WHEREAS , multi-family rental units which have been constructed for the purpose of rental housing are readily identifiable by the City and other affected persons as rental properties; and WHEREAS , such multi-family rental units typically have a property manager with whom neighbors and the City can communicate about any behavioral problems occurring in connection with such rental units; and WHEREAS , single-family and two-family dwellings, as well as boarding houses, were often constructed for owner-occupancy rather than use as rental properties, so that it is difficult for the city to identify which of such properties are being used for rental purposes or to know whom to contact in the event of behavioral problems; and WHEREAS , requiring the owners of such rental properties to register their properties with the City would afford the City an opportunity to educate both owners and tenants regarding compliance with applicable occupancy, building maintenance, property maintenance and behavioral ordinances, and would facilitate the enforcement of nuisance laws against such properties by requiring that the names, addresses and telephone numbers of local persons responsible for such properties be provided to the City; and WHEREAS , City staff is recommending that a provision requiring the registration of rental properties to be added to the City Code which would establish procedures for identifying rental units within the City that are contained in single- and two-family dwellings, and for educating property owners, property managers and tenants in the City about the City's Rental Housing Standards and other City Code programs; and WHEREAS , such a rental registration program is also necessary to increase the efficacy of nuisance code enforcement by providing the City with a local contact for all rental properties in the City contained in single- and two-family dwellings and would facilitate better information sharing between such persons and the City; and WHEREAS , the rental registration program is intended to ensure that residential rental unit owners, property managers and tenants are informed of, and adhere to, all applicable Code provisions governing the use and maintenance of rental units and to ensure that owners, property managers and agents inform tenants of their responsibilities under written leases or other rental agreements before such leases and agreements are executed; and WHEREAS , the rental registration program will serve to protect the life, safety and health of residential rental housing tenants and to preserve a high quality of life in neighborhoods in which residential rental housing is located by encouraging the nuisance-free and peaceable enjoyment of residents within the City; and WHEREAS , Council desires to make the foregoing amendments in the interest of the health, safety and welfare of tenants, the City' s neighborhoods and the public . 2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the title and caption of Chapter 5 , Article VI, Division 2 . are hereby amended to read as follows : DIVISION 2 . - RENTAL HOUSING STANDARDS Subdivision A. Generally Section. 2 . That Section 5-23 6 of the Code of the City of Fort Collins is hereby amended to read as follows : Building Official shall mean the Director of Building and Zoning which te shall be synonymous wi the duly appointed Director of the Department of Building andZomrgNeighborhood and Building Services or authorized representative. City ni Hit in Building Code(s) shall mean the lafest edition of the Uniform Building eode as adopted by the applicable building and construction-trades technical code(s) currently in effect as enacted by the city, including the City Electric Code, City Fuel-gas Code, City General Building Code, City Mechanical Code, City Plumbing Code and the City Residential Building Code. City Electric Code shall mean the applicable technical code currently in effect as enacted by the State, regulating the installation of electric wiring methods, repairs, fixtures, and related equipment. City Fuel-gas Code shall mean the applicable technical code currently in effect as enacted by the city, regulating the installation, repair, replacement of fuel-gas heating appliances and related equipment. City General Building Code shall mean the applicable technical construction code currently in effect as enacted by the city, regulating the construction, repair, alteration, location of all buildings other than Group R-3 detached single- and two- family residences, attached townhouses and related accessory buildings . City or-Bi form Mechanical Code shall mean the latest edition of the Uni Nfechanicat eode as adopted by the city applicable technical code currently in effect as enacted by the city, regulating the installation, repair, replacement of heating, cooling, ventilation equipment and related systems and components . Cily Plumbing Code shall mean the latest edition of the Uni Ptun�bing eode or offit.1 standard as adopted by the ci applicable technical code currently in effect as enacted by the State, regulating the installation, repair, design, replacement of potable water piping, building waste drainage and venting systems . 3 City Residential Building Code shall mean the applicable technical construction code currently in effect as enacted by the city, regulating the complete construction, repair, alteration, location of all buildings classified as Group R-3 detached single- and two-family residences, attached townhouses and related accessory buildings . Nuisance shall meaner any conduct or condition in or upon rental housing that is declared to be a public nuisance known at common law or in equity under any provision of the Code, or any of the following : (21 ) Aany attractive nuisance which may prove detrimental to children, whether in a building, on the premises of a building or upon an unoccupied lot. , including but not limited to any abandoned wells, shafts, basements or excavations , abandoned refrigerators and motor vehicles, or any structurally unsound fences or structures or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors; (K) Wwhatever is dangerous to human life or is detrimental to the public health as determined by the Health Officer; (43 ) finsufficient ventilation or illumination; (54) finadequate or unsanitary sewage or plumbing facilities ; (65 ) Huncleanliness, as determined by the Health Officer; (76) Wwhatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer. (7) a structure or related equipment found by the Building Official to be unsafe, or a structure found unfit for human occupancy, or found unlawful, such that it is deemed to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is possible . (8) electrical wiring or wiring device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure . 4 (9) a structure unfit for human occupancy whenever the Building Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Article, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public . ( 10) rental housing that is found in whole or in part to be erected, altered or occupied contrary to law. Owner shall mean any person whose name appears on the tax bill for the property or who, alone or jointly or severally with others, has legal title to any dwelling or dwelling unit, with or without actual possession thereof, or has charge, care or control of any dwelling or dwelling unit as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortagee or assignee of rents . Owner shall not include any person, group of persons, company, association or corporation who holds only a security interest or easement on the real property upon which the dwelling or dwelling unit is situated. Property manager shall mean any person, group of persons , company, firm or corporation charged with the care and control of rental housing as defined in § 2-536 of the Code who performs services with respect to such rental housing under a contract with the owner thereof or who otherwise acts as representative of an owner with respect to such rental housing. Rental dwelling unit shall mean 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 house or a single-family or multi-family dwelling. Rental housing shall mean any building or mobile home or portion thereof, including the lot, tract or parcel of land on which the same is located, containing any dwelling unit or guest room or hotel ; and any mobile home as defined in ehapter f s of tfiis eode, or any other similar pface intended for hunia! lion,, which is leased, rented or otherwise occvpied by a person who is not the f�e owner of record of said building, mobile home or portion thereof sublet to a family or person(s) for compensation (including money or services and includes the sharing of expenses) . Section. 3 . That Section 5 -237 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-237. Purpose. 5 The purpos tThis Articleeade is necessary to protect the public health, safety and welfare of the people of the city by establishingtemrevide minimum standards governing the facilities, utilities, occupancy, repair and maintenance of rental housing to safeguard life or limb, health, and property of persons affected by or subject to the provisions of this Article and the public welfare by regulating and controlling the use and occupancy, location and maintenance of all Wirer piedrental housing within the city. Section. 4 . That Section 5 -238 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-238. Applicability. { The provisions of this Article shall apply to all buildings or portions use designed or intended to be used for human habitation which are considered to be non-owner-occupied 5- .rental housing. All rental housing shall also conform to the applicable city Land Use Code and city Building Codes currently in effect, except as follows : ( 1 ) legal uses that were permitted at the time of their creation or that became legal non-conforming uses as a result of subsequent changes to the Land Use Code ; and (2) rental housing that was legally constructed under the building construction codes enacted by the city at the time of their construction and which rental housing conforms to the provisions set forth in this Article. (b) Existing buildings which are altered or enlarged shall be made to conform to this code insofar as the new work is concerned and in accordance with the Idnifo Building eodr-. (c) Buildings or structures moved into or within the city shall comply with the requirements in the city building code . for new buildings and structures . Section 5 . That Section 5 -256 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-240. Substandard dwellings declared nuisances . All buildings or portions thereof which are determined to be substandard as defined in this Article are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Sections 5 -302 , 5 -303 and 5 -305 through 5 -307 or through any other procedure allowed by law or ordinance . 6 Section 6 . That Section 5 -256 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-256. Enforcement authority ; rules and procedures. The Director € Building and Official is hereby authorized and directed to enforce all of the provisions of this Article. For such purposes, the Director Building Official shall have the powers of a law enf6rcement officer authority to adopt and promulgate administrative rules and procedures consistent with the provisions of this Article; to interpret and implement the provisions of this Article ; to secure the intent thereof; to enforce all provisions of this article pursuant to the authority granted by the Chief of Police under § 2-504(b)(2) and to designate requirements applicable because of local climatic or other conditions . Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this Article, or of violating accepted engineering methods involving public safety. Section 7 . That Section 5 -257 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-257. Inspection. (a) Whenever necessary to make an inspection to enforce any of the provisions of this Article or any other section of the Code or Land Use Code or whenever the Director of Building and Zonin Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous or hazardous, the Director Building Official may enter such building or premises at all reasonable times to inspect it or to perform any duty imposed upon the Director Building Official by this Article . If such building or premises is occupied, the Director Building Official shall first present proper credentials and request entry. If such building or premises is unoccupied, the Director Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Director Building Official shall have recourse to every remedy provided by law to secure entry. (b) When the Director of Building and Zonin Building Official shall have first obtained an proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Director Building Official for the purpose of inspection and examination pursuant to this Article. Any such failure to permit entry upon request pursuant to a valid inspection warrant shall be a misdemeanor punishable by the provisions set forth in § 1 - 15 . 7 Section. 8 . That Section 5 -258 (a) of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-258. Maintenance of premises ; compliance with codes. (a) Every owner remains liable for violations of duties imposed by this Article even though an obligation is imposed on the occupants of the building and even though the owner has by agreement imposed on the occupant or property manager the duty of furnishing required equipment or of complying with this Article. Nothing herein shall be construed as limiting or interfering with in any way, the right of any persons to establish by written contract specific responsibilities of owners, property managers and occupants for the purpose of leasing or renting non-owner-occupied housing. Every owner or agent, in addition to being responsible for maintaining the building in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a safe condition including the shared or public areas in a building containing two (2) or more dwelling units . Section 9 . That the Code of the City of Fort Collins is hereby amended by the addition of new Sections 5 -263 , 5 -264, 5 -2659 5 -266, 5 -267 and 5 -268 which shall read in their entirety as follows : Sec. 5-263 . 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 a 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 house may include, but not limited to, compliance with all state laws, city ordinances, rules and regulations, and court or administrative orders . (c) In determining whether to revoke or suspend a previously issued certificate of occupancy, the Building Official may consider any history or pattern of Code violations related to the use of the property, or any failure on the part of the applicant or the applicant's property manager or tenants to abate or correct violations at the property as ordered by any enforcement official, referee, or judge . Sec. 5-264. Posting; inspection of books and records ; truth in advertising. (a) Any certificate allowing occupancy in excess of the limit set forth in Section 3 . 8 . 16 of the Land Use Code must be posted on the back of the front door of the dwelling. 8 (b) All books and records relating to the rental of a single-family or two-family dwelling unit or boarding house shall be made available to the city upon request, including lease and tenant information. (c) No owner, owner's agent, lessee or property manager shall fail to clearly state in any advertisement, sign, other form of written or oral representation regarding the rental of a single-family or two-family dwelling unit or boarding house, the maximum permissible occupancy of such unit under Section 3 . 8 . 16 of the Land Use Code . Sec. 5-265. Violation ; minimum penalties. An owner, property manager, or occupant commits a civil infraction by violating any provision of Sections 5 -263 through 5 -265 . A finding that such civil infraction exists shall subject the offender(s) to any or all of the following actions : (1 ) the imposition of a civil penalty of not less than five hundred dollars ($500 . ) and not more than one thousand dollars ($ 1000 .) for each violation, with each day during which the violation occurs constituting a separate violation; (2) an order to comply with any conditions reasonably calculated to ensure compliance with the provisions of this title or any approval or certificate granted under this title ; (3 ) injunction or abatement proceedings ; (4) revocation or suspension of any permit or certificate issued by the city with respect to the dwelling. Sec. 5-266. Rental registration required. (a) Any person who offers to rent, rents, or continues to rent a rental dwelling unit in a single-family or two-family dwelling shall comply with the provisions of this section. A database of rental dwelling units containing the information required in this section shall be maintained by the Building Official . (b) The owners or property managers of all rental dwelling units contained in single-family or two-family dwellings shall provide to the Building Official, for each rental dwelling unit owned by them: ( 1 ) the street address of the rental dwelling unit and the name, mailing address and phone number of all owners and property managers of the unit; and (2) if none of the owners or property managers of a rental dwelling unit is a natural person, then the name, address and contact information for a 9 natural person who may be contacted with regard to any potential violations of the Code or Land Use Code at the unit, and the name and address of the registered agent for service of process for the owner(s) . (c) If there is any change in the mailing address or phone number of an owner, property manager or registered agent, or any change in the number of units offered for rent, the owner or property manager shall so inform the Building Official in writing within thirty (30) days of such change. (d) All information provided to the Building Official pursuant to this Section shall be updated annually or upon any change in ownership of the unit, whichever first occurs, on forms provided by the city. (e) A fee shall be assessed by the City Manager, pursuant to Section 7 . 5 , to defray the costs incurred by the city in administering the provisions of this Section. (f) If the Building Official has reason to believe that an owner or property manager has failed to provide or update the information required by this Section, he or she shall mail a written notice to the owner or property manager, setting a seven (7) day deadline to provide such information. It shall be a violation of this Article for the owner or property manager to fail to provide the required information before such deadline expires . Any failure to provide or update registration information after the seven (7) day deadline shall constitute a civil infraction. (g) The requirements in this section shall not apply to rental dwelling units owned by the Housing Authority of Fort Collins or properties that are inspected annually for compliance with the requirements of the United States Department of Housing and Urban Development, hospitals, nursing homes, group homes or other rental dwelling units used for human habitation which offer or provide medical or nursing services, hotel units, dormitories or one or two family dwelling units occupied by the seller under a rental agreement for a period of less than ninety (90) days following closing, or to dwelling units under a lease w/option to purchase or other conditional sale agreement provided that such agreement requires that legal or equitable ownership, in its entirety, must be transferred, if at all, within ninety (90) days of the execution of the conditional sales agreement. Sec. 5-267. Effect of Registration. The inclusion of a rental dwelling unit in the City's database as required by § 5 - 266 shall not change the legal status of a rental dwelling, including, but not limited to : ( 1 ) legalizing an illegally created dwelling unit, use, or other circumstance, nor (2) recognizing a nonconforming use, structure, or other nonconformity. 10 Sec. 5-268. Responsibilities of owner. An owner of a premises shall remain liable for violations of this Article even though an occupant or manager of those premises may be responsible for the premises and regardless of any agreement between the owner and another that imposes or attempts to delegate responsibility for the premises to the other. Section 10 . That Sections 5 -264(c) through 5 -266 shall take effect ten ( 10) days after second reading of this Ordinance and the remaining provisions of this Ordinance will take effect August 31 , 2006 . Introduced and considered favorably on first reading and ordered published in summary form this 18th day of October, A.D . 2005 , and to be presented for final passage on the 15th day of November, A.D . 2005 , Mayor ATTEST : City Clerk Passed and adopted on final reading this 15th day of November, A.D . 2005 . Mayor ATTEST : City Clerk 11 ORDINANCE NO, 125 , 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS RELATING TO COURT REFEREES WHEREAS , staff has recommended that certain Code provisions relating to occupancy be decriminalized; and WHEREAS , the Municipal Court currently utilizes a court referee for parking violations; and WHEREAS, the City Council believes that it is in the best interests of the City and its citizens to provide a procedure for adjudication of other civil infractions which allow for a referee . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Code is hereby amended as follows : Section 1 . That Section 19-36 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 19-36 . Creation ; jurisdiction ; qualifications . (a) The Municipal EaurtJudge is authorized and empowered to appoint one ( 1 ) or more referees to hear certain municipal ordinance violations relating to parking or municipal code violations designated as civil infractions as the presiding Municipal Judge may from time to time designate as being hearable in the first instance by the referee . Such alleged violations may include any offense which may now or in the future be included in the schedule of payable fines established by the presidingMunicipal Judge pursuant to law except any offense which might result in the assessment of points by the state Department of Revenue against the violator's driving license or privilege . (b) The referee shall be an attorney admitted to practice law in the state and a resident of the city. Section 2 . That Section 19 -37 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec . 19-37. Defendant' s right to hearing before Judge. Prior to conducting a hearing, the referee shall inform the parties defendant that they havehe/she has the right to a hearingtrial before the Municipal Judge . If such request is made, the referee shall terminate the hearing and refer the matter to the Municipal Court for hearing before the presiding Judgetrial. Section 3 . That Section 19-39 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 19-38. Procedures for hearings before referee. (a) The referee is authorized to adopt rules and procedures governing conduct of hearings in accordance with the provisions of this Article . The presiding Judge shall approve all such rules and procedures prior to their adoption by the referee . (b) Hearings held before the referee shall be informal, but shall in all other respects be conducted in the manner provided for the hearing of cases by the Municipal Court. The referee may consider statements and evidence presented by the parties at the time of the hearing. The referee is empowered to administer oaths, take testimony and obtain the issuance of subpoenas through the Clerk of the Municipal Court to compel the presence of prospective witnesses and the production of documentary evidence and other tangible objects at any hearing. The defendant shall also have the right to the issuance of a subpoena by making application to the Clerk of the Municipal Court. Section 4 . That Section 19-39 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 19-39 . Order of the referee. (a) At the completion of any hearing held under the provisions of this Article, the referee shall enter an order either: ( 1 ) Excusing or dismissing a parking violation in accordance with the guidelines established in § 19-41 of this 7Nificle citation if the referee finds that the violation has not been sustained by the evidence presented; or (32) Making a finding of guilty or responsibility, based upon either a plea of guilty entered or an admission of responsibility tendered, failure of the defendant to appear for the hearing, or the evidence presented at the hearing, ; and assessing a penalty against the defendant, shall not exceed that fine within the schedule ofpayable fines published by the presi-dingMunicipal Judge which was in effect at the time of the violation; and entering any orders or assessing any costs and/or fees that may be permitted pursuant to § 1 - 15 ; or (23 ) Referring the case to the Municipal Court for hearing before the presidingMunicipal Judge where the referee determines, in the exercise of the referee's discretion, that the facts of the particular case or the issues raised therein require such a hearing. Statements made by the defendant during the course of the hearing before the referee shall not be introduced 2 against the defendant at any subsequent proceeding before the court, nor may the referee hearing the case be called as a witness against the defendants;or. (b) If a defendant fails to answer a citation or notice to appear before a referee, a default judgment will enter in the amount of the civil penalty plus all costs, expenses and damages . In the event a defendant fails to pay a civil fine, costs, damages and expenses within thirty (30) days after the payment is due or fails to pay a default judgment, the city may pursue any legal means for collection and, in addition, may obtain a lien against the property that is the subject of the violation if the Code violation is designated as a nuisance in Chapter 20 , is a violation of the Rental Housing Code or is a violation of Land Use Code Section 3 . 8 . 16 and was committed by an owner of the property as defined in Land Use Code Section 5 . 1 .2 . Section 5 . That Section 19 -40 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 19-40. Record of proceedings and hearings . A written record of theall proceedings shall be maintained by the referee. The record shall contain the name of the alleged violator, the date of the appearance before the referee, the complaint number, the date, place and type of violation and theany order of the referee. All hearings and evidence presented at the hearing shall be recorded verbatim, by either electronic devices or stenographic means . Section 6. That Section 19 -41 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 1941 . Authorization to excused reduce-, or waive penalties. (a) The referee is anthot- ized to excuse ot- i-edtice fiiies aiid//ot- waive late f6t parking citations if lie ot site finds that the dcfcndant * ( 1 ) Parked the vehicle described in the citation af a broken or defective meter; (2) Was issued a defective or illegible citation; -or (3 ) Has a clearly meritorious defense to the eitafion. (a) For parking violations , the referee may assess a penalty less than the payable fine prescribed in the schedule of fines published by the presi-dingMunicipal Judge or may suspend such fine in any case where, in the sound exercise of the referee's discretion, based upon evidence obtained during the course of the hearing, such action would be in the best interests of justice. 3 (b) For all other civil infractions, the referee shall assess a penalty within the range of fines established by ordinance or in the schedule of fines published by the Municipal Judge; provided, however, that no portion of a minimum fine may be suspended. In addition, the referee may assess any higher penalty and impose any other orders that may be authorized under Section I - 15 (f) . Section 7 . That Section 19-42 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 19-42 . Appeal of decisions . (a) Any defendant affected by an order or action of the referee, under the authority of this Article, may have the matter heard by the presiding Judgeappeal a referee's final order or action to the Municipal Court by filing a written mationnotice of appeal for such hearing with the Clerk of the Municipal Court within ten ( 10) days after the entry of the order or the taking of the action and depositing with the Municipal Court a fee for preparing the record, or portions thereof designated. Upon the filing such a inotion, theof the notice of appeal, no stay of execution of the referee's order or action in question shall be vacatcd, the motion Shall be placed on the calendar of the Nfunicipai eourt for a hearing as early as possible and dispositioln of the issue shall be made upon the hearing of the motion by the presiding ftidgegranted until the appellant has deposited with the Municipal Court, a cash bond in the amount of any fines and costs imposed by the referee . (b) If for any reason an adequate record cannot be certified to the Municipal Court, the case shall be tried de novo by the Municipal Judge. No action on appeal shall result in an increased penalty. (bc) If Siena notice of appeal is not filed within ten ( 10) days of the order or action or the order or action is not vacated by the presi-dingMunicipal Judge upon the motion of the presi-dingMunicipal Judge within such period, the order or action of the referee shall be final . (ed) In no event shall the referee testify on appeal regarding any action previously before the referee, except concerning actions in the nature of contempt, including failure to appear. (e) Appeals shall be in accordance with Rule 37 of the Colorado Rules of Criminal Procedure . Introduced and considered favorably on first reading and ordered published this 18th day of October, A.D . 2005 , and to be presented for final passage on the 15th day of November, A.D . 2005 . 4 Mayor ATTEST : City Clerk Passed and adopted on final reading this 15th day of November, A.D . 2005 . Mayor ATTEST : City Clerk 5 ORDINANCE NO, 126, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS RELATING TO GENERAL PENALTIES WHEREAS , staff has recommended that violations of certain Code provisions be designated as civil infractions; and WHEREAS , the General Penalties section of the City Code does not currently provide for penalties for civil infractions ; and WHEREAS, Council desires that certain Code section violations be considered civil infractions ; and WHEREAS , Council believes it is in the best interests of the citizens to adopt the amendments below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 1 - 15 the City Code is hereby amended as to read follows : Sec. 1 -15. General penalty and penalty for traffic and civil infractions. (a) Except as to traffic infractions described in (b) below and any other civil infraction specified as such in this Code, any person who shall violate any provision of this Code, the Charter or any provision of any code or other regulation adopted by reference by this Code, by doing any act prohibited or declared to be unlawful thereby, or who shall engage in any business, occupation or activity for which a license or permit is required without having a valid license or permit therefor, or who shall fail to do any act required by any such provision, or who shall fail to do any act when such provision declares such failure to be unlawful or to be an offense or misdemeanor, shall be guilty of a misdemeanor and, upon conviction, shall be punished by the penalty specifically provided for such violation or, if none, then by a fine not exceeding one thousand dollars ($ 1000 . ) or by imprisonment not exceeding one hundred eighty ( 180) days, or by both such fine and imprisonment, in addition to any costs which may be assessed. No person under the age of eighteen ( 18) years as of the date of the offense shall be subject to imprisonment except in the case of failure to comply with a lawful order of the court, including an order to pay a fine, and then only in the manner provided in Section 13 - 10- 113 , C .R. S . , and the Colorado Children's Code, Section 19- 1 - 101 et seq. , C .R. S . Each day upon which a violation continues shall constitute a separate misdemeanor offense unless some other specific time period is provided for any particular offense . (b) A violation of any provision of Chapter 28 , Vehicles and Traffic, in this Code or the Fort Collins Traffic Code, shall be deemed to be a traffic infraction if, at the time of the commission of the violation, its counterpart violation under the provisions of Article 4 in Title 42 of the Colorado Revised Statutes, if any, is designated by state law as being a traffic infraction. If no counterpart violation exists under state law, the violation shall be deemed to be a traffic infraction. All other violations under Chapter 28 of this Code or the Fort Collins Traffic Code shall be considered misdemeanors punishable as described in paragraph (a) of this Section. Any person against whom judgment is entered for a traffic infraction under this Code shall be subject to the penalty of a fine not exceeding one thousand dollars ($ 1 ,000 . ) and shall not be subject to imprisonment on account of such judgment. (c) Except as provided in Subsection (d) below, a law enforcement officer, code enforcement officer, the City Attorney or their designees may request that the Municipal Judge order restitution of direct out-of-pocket costs incurred by any victim of a misdemeanor. By way of illustration, such direct out-of-pocket costs may include, but need not be limited to, costs to repair or replace damaged property, medical insurance deductibles, or medical costs directly paid and unreimbursed by any entity other than the victim or the victim's parent or guardian. (d) Restitution through Municipal Court shall not be available for victims of traffic infractions or traffic misdemeanors . (e) Any person convicted of violating the provisions of Chapter 4, Animals and Insects; Chapter 17, Miscellaneous Offenses; or Chapter 20, Nuisances, shall reimburse the city for costs incurred by the city or Poudre Fire Authority in enforcing the provisions of said sections if such enforcement required the use of an extraordinary number of personnel, highly trained personnel, sophisticated equipment or nontraditional methods of enforcement. The amount of such restitution shall be apportioned among multiple defendants involved in the same criminal episode as deemed appropriate by the Municipal Judge, taking into consideration the behavior of the defendant(s), the amount and kind of expenses incurred by the city or Poudre Fire Authority, the number of participants involved in the criminal activity and such other circumstances as the Judge may consider relevant. Notwithstanding the foregoing, if another provision of the Code imposes a more specific restitution requirement that the requirement imposed by this Section, then the Code provision which requires the greater amount or restitution will control . (f) Any person found responsible for a violation of this Code designated as a civil infraction shall pay a civil fine of not more that one thousand dollars ($ 1 ,000 .) plus costs, damages and expenses as follows : ( 1 ) A person found responsible by the Municipal Judge or referee for any violation of this Code charged as a civil infraction shall pay the fine and costs assessed, which may include all costs, direct and indirect, which the city has incurred in connection with the civil infraction. In addition, the Municipal Judge or referee may issue any orders necessary to abate a nuisance . (2) If a defendant fails to answer a citation for a civil infraction or notice to appear in court or before a referee for such infraction, a default judgment shall enter in the amount of the civil penalty plus all costs , expenses and damages . In the event a defendant fails to pay a civil fine, costs, damages or expenses within thirty (30) days after the payment is due or fails to pay a default judgment, the city may pursue any legal means for collection and, in addition, may obtain a lien against the property that was the subject of the violation if the Code violation is designated as a nuisance in Chapter 20, is a violation of Sections 5 - 263 through 5 -266, or is a violation of Land Use Code Section 3 . 18 . 16 and was committed by an owner of the property, as defined in Land Use Code Section 5 . 1 .2 . (3 ) Each act of violation and every day upon which a violation occurs shall constitute a separate offense. Introduced and considered favorably on first reading and ordered published this 18th day of October, A.D . 2005 , and to be presented for final passage on the 15th day of November, A.D . 2005 . Mayor ATTEST : City Clerk Passed and adopted on final reading this 15th day of November, A . D . 2005 . Mayor ATTEST : City Clerk ORDINANCE NO. 127, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 20, ARTICLE VIII OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ABATEMENT OF PUBLIC NUISANCES WHEREAS , the City Code presently contains various provisions enacted under the police power of the City which are intended to maintain order and promote the health, safety and welfare of the residents of the City; and WHEREAS , many such provisions are directed towards the conduct of persons on private property, and are intended to ensure that neither the conduct of such persons, nor the physical condition of such properties, constitutes a nuisance to other residents in the vicinity of the properties or passers-by on the public rights-of-way; and WHEREAS , the Public Nuisance Ordinance (PNO) has proven to be an effective tool in reducing repeat nuisance violations at specific properties; and WHEREAS , the proposed amendments will improve current processes, allow for the inclusion of civil nuisance violations to count as "separate violations" in addition to criminal violations and allow code enforcement to utilize any address known to the city in determining where to send notice of violations . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the definitions of "Notice of violation" and "Separate violations" as contained in Section 20- 111 of the Code of the City of Fort Collins are hereby amended to read as follows : Sec. 20411 . Definitions. Notice of violation shall mean a written notice advising the owner(s), property manager(s), if any, and tenant(s) or occupant(s) of a parcel that the parcel, such persons and other affected persons may be subject to proceedings under this Article if the remaining number of separate violations needed to declare the parcel a public nuisance under this Article occur in or on the parcel within the required period of time. Such written notice shall be deemed sufficient if sent by certified mail to the parcel, addressed to the owner(s) by name and to " all tenants and/or occupants" and to the owner(s) by nameand property manager(s), if any, at any different address of the owner(s) as shown in the records of the city, including utility, licensing or permit records or as shown in the records of the Larimer County Assessor or of the county Clerk and Recorder. Each notice of violation shall be limited to one ( 1 ) separate violation. Separate violation(s) shall mean any act or omission that constitutes a inisdemeanorviolation of the Code, if the act or omission occurs under any of the following circumstances : ( 1 ) the conduct of the persons committing the violation was such as to annoy or disturb the peace of the residents in the vicinity of the parcel or of passersby on the public streets, sidewalks and rights-of-way in the vicinity of the parcel; or (2) the violation constitutes a public nuisance under any section of this Chapter 20 or this Code ; or (3 ) the condition of the parcel upon which the violation occurred was , at the time of the violation, injurious or harmful to the health, safety or welfare of the occupants, neighbors thereof, or citizens of the city. aAn ongoing and uninterrupted violation shall be deemed to have been committed only on the last day during which all the necessary elements of the violation existed; and (2) multiple violations committed within any twenty-four-hour period of time on or in the same parcel shall be considered a single separate violation, irrespective of whether the violations are otherwise related to each other by some underlying unity of purpose or scheme. Section 2 . That Section 20- 113 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 20-113 . In general. • • c Except as provided below, a ublic nuisance shall mean the condition or ( ) p p � p use of any parcel within the city limits, on or in which three (3 ) or more separate violations have occurred within a twelve-month period or five (5) or more separate violations have occurred within a twenty-four-month period, if, violation, the conduct of the persons connnitting the violation was such as to anno or disturb the peace of the residents in the vicinity of the parcel or of the passersb on the publie streets, sidewalks and rights-of-way in the vicinity of the parcel, provided, however, that .-fo within thirty (30) days of each such separate violation, except the final separate violation needed to prove a public nuisance under this Article, the city has sent by certified mail to the owners, property manager(s) and tenants or occupants of the parcel, a notice of violation; provided however, that if an owner or property manager of a parcel has filed an eviction action in a court of competent jurisdiction after receiving notice of a second violation seeking to evict from the parcel those persons whom the owner reasonably believes have been responsible for the most recent previous separate violation(s) on the parcel, then the last separate violation, ust have needed to prove a-public tmisance under this Article occurred no less than forty-five (45) days after the date of mailing of the last notice of violation. Section 3 . That Section 20- 115 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 20- 11 .5. Posting of notice of Ecommencement of public nuisance actions; (a) posting of notice. ( 1 ) At icast ten ( 10) calendar days before filing a civil action under this A ticle.Upon service of the verified complaint or complaint by affidavit referred to below, the Nuisance Abatement Officer shall post a notice shall be postedat some prominent place on the parcel. A notice shall also be mailed to the owner(s) of the pareef . The mailing of the notice shall be dectned sufficient if mailed by certificd mail to the ovvtwr(s) at the addresses shovm of record relating to the parcel for such owner(s) in the records of the haritner eounty Assessor or of the county elerk an Recorder. The posted and mailed notices shall state that the parcel has been identified as the location of an alleged public nuisance and that a civil action under this Article nay-behas been filed. (2) Agents of the city are authorized to enter upon the parcel for the purpose of posting these notices and to affix the notice in any reasonable manner to buildings and structures . Section 4 . That Section 20- 121 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 20-121 . Stipulated alternative remedies. (a) The city and any party-defendant to an action under this Article may voluntarily stipulate to orders and remedies, temporary or permanent, that are different from those provided in this Article . (b) The Public Hearing Officer may accept such stipulations for alternative remedies and may order compliance therewith only when the responding parties admit to the existence of a public nuisance upon the parcel. (bc) The Court shall makemay accept such stipulations for alternative remedies and make such stipulations an order of the Court, and they shal enforceable as an order of the Court. Section 5 . That Section 20- 123 ofthe Code of the City of Fort Collins is hereby amended to read as follows : Sec. 20423. Limitation of actions. Actions under this Article shall be filed no later than one ( 1 ) year after the public nuisance or the last in a series of acts constituting the public nuisance occurs . This limitation shall not be construed to limit the introduction of evidence of separate violations that occurred more than one ( 1 ) year before the filing of the complaint for the purpose of establishing the existence of a public nuisance or when relevant to show a pattern of conduct or for any other purpose . Introduced and considered favorably on first reading and ordered published this 18th day of October, A.D . 2005 , and to be presented for final passage on the 15th day of November, A.D . 2005 . Mayor ATTEST : City Clerk Passed and adopted on final reading this 15th day of November, A.D . 2005 . Mayor ATTEST : City Clerk ATTACHMENT MEMORANDUM DATE: September 14, 2005 TO: Planning and Zoning Board Members FROM: Peter Barnes, Zoning Administrator RE: Boarding House Options At the September 15, 2005 P&Z Board meeting, the Board is being asked to make a recommendation to City Council regarding Land Use Code changes to the definition of "family", occupancy restrictions, and boarding house regulations. Section 6 of the proposed ordinance establishes occupancy limits and separation requirements for boardinghouses in the various zones wherein they are allowed. At their August 23, 2005 work session, City Council directed staff to include provisions in the ordinance to address their concerns about occupancy and concentration of boarding houses. The table in Section 6 of the ordinance sets forth the manner in which staff is proposing that these regulations be illustrated. However, the actual distances shown in the table are just one possible option for consideration. The ordinance that is presented to City Council on October 18 will include some other options for Council to consider. Four possible options are included in the attachment. The P&Z Board is not being asked to make a specific recommendation regarding any one particular option. Of course the members may recommend a specific option or come up with different distances to recommend if they so desire. CC: Pete Wray Paul Eckman Add a new section 3.8.28, establishing boarding house regulations as follows: 3.8.28 Boarding and Rooming House Regulations OPTION 1 1 Boarding and rooming houses shall conform to the occupancy limits and separation requirements specified in the following table: Minimum separation requirements between any Maximum permissible residents, other boarding and rooming house Zone excluding occupantfamily (feet)" L-M-N 1 per 350 square feet of floor area 1,500 M-M-N,H-M-N, 1 per 350 square feet of floor area 1,000 N-C-B D,R-D-R,C-C,C-C-N, 1 per 350 square feet of floor area 700 C-C-R,C,C-N,N-C,C- L,E,I • The minimum separation distance required between boarding and rooming houses that are located in different zone districts shall be the one that requires the greatest distance. OPTION 2 (A) Boarding and rooming houses shall conform to the occupancy limits and separation requirements specified in the following table: Minimum separation requirements between any Maximum permissible residents, other boarding and rooming house Zone excluding occupantfamily ((ed)• L-M-N 1 per 350 square feet of floor area 1,500 M-M-N,N-C-B 1 per 350 square feet of floor area 700 H-M-N,D,R-D-R,C-C, 1 per 350 square feet of floor area 300 C-C-N,C-C-R, C,C-N,N-C,C-L,E,I *The minimum separation distance required between boarding and rooming houses that are located in different zone districts shall be the one that requires the greatest distance. OPTION 3 (A) Boarding and rooming houses shall conform to the occupancy limits and separation requirements specified in the following table: Minimum separation requirements between any Maximum permissible residents, other boarding and rooming house Zone excludingoccupantfamily (feet): L-M-N I per 350 square feet of floor area 1,000 M-M-N,N-C-B 1 per 350 square feet of floor area 300 H-M-N,D, R-D-R, 1 per 350 square feet of floor area 150 C-C,C-C-N,C-C-R, C,C-N,N-C,C-L,E,I • The minimum separation distance required between boarding and rooming houses that are located in different zone districts shall be the one that requires the greatest distance. OPTION 4 (A) Boarding and rooming houses shall conform to the occupancy limits and separation requirements specified in the following table: Minimum separation requirements between any Maximum permissible residents, other boarding and rooming house Zone excluding occupant family (feet)* L-M-N 1 per 350 square feet of floor area 1,000 M-M-N,N-C-B 1 per 350 square feet of floor area 150 H-M-N,D, R-D-R, 1 per 350 square feet of floor area 0 C-C,C-C-N,C-C-R, C,C-N,N-C,C-L,E,I The minimum separation distance required between boarding and rooming houses that are located in different zone districts shall be the one that requires the greatest distance. Planning and Zoning Board Minutes April 21, 2005 Page 2 Member Schmidt moved for approval of Consent Item 2. Member Stockover seconded the motion. The motion was approved 6-0 with Member Torgerson declaring a conflict of interest. Member Schmidt moved for approval of Consent Item 4. Member Stockover seconded the motion. The motion was approved 6-0 with Member Lingle declaring a conflict of interest. Project: Recommendation to City Council to approve changes to the Land Use Code regarding the definition of "Family", occupancy restrictions, and changes to both the Boarding House and Home Occupation regulations. Project Description: This is a request for a Recommendation to City Council regarding changes to the Land Use Code that would be part of a multifaceted approach to address occupancy limits and neighborhood quality. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: Peter Barnes, Zoning Administrator gave the staff presentation. He stated that the package coming before the Board just dealt with changes to the Land Use Code. Mr. Barnes reviewed the changes that the Board needed to provide a recommendation on tonight. Change to the definition of "Family'. As currently defined a family is any number of people related by blood, marriage or adoption, or an unrelated group of not more than three people, or two unrelated adults and their related children if they have any. There is no section in the code that currently deals with the maximum occupancy in a dwelling unit. It is all contained in the definition section of the code. Staff is proposing to simplify the definition of "family" so it no longer talks about un-relatedness or the two unrelated adults and their related children. A family now is simply an individual living alone, or any number of persons who are related by blood, marriage, adoption, guardianship or other dually authorized custodial relationship living together as a single housekeeping unit and sharing common facilities. DRAFT Planning and Zoning Board Minutes April 21, 2005 Page 3 As a method in how to limit occupancy in a dwelling unit, staff has proposed amendments to section 3.8.16 of the code and requirements are being replaced in that a dwelling unit can be occupied by only one family, or by 3 adults and their dependents. In addition to the family occupying a dwelling unit, you can have a family and a caretaker. Another Section of the Ordinance before the Board is the removal of what is perceived as a home occupation loophole. Currently a dwelling unit can be occupied by an unrelated group of not more than three people. The home occupation ordinance currently allows people to rent rooms to two additional people provided the home is owner occupied. What that means is that it is sometimes possible to have a house occupied by five unrelated people as long one of the persons there is the owner of the home under the current definition; that person plus two other people, even though they are unrelated, constitute a legal family. That family, since it is owner occupied, can rent out rooms to two other people. Staff is proposing to delete that section of the home occupation ordinance. The next Section of the Ordinance deals with Boarding House regulations. These were intended to insure that Boarding Houses do not provide a 'loop hole" in single family neighborhoods. Staff is proposing that occupancy, separation and parking regulations be adopted with the intent of maintaining the character of single family neighborhoods. Mr. Barnes pointed out that in the Agenda Item Summary that the Board received earlier; the Ordinance contained just one option. Staff has provided the Board with read before information that contains three additional items. Mr. Barnes reviewed the additional options with the Board. Mr. Barnes stated that lastly, the code changes proposed involve de-criminalizing the current violation of the three unrelated ordinance. Right now all violations of the Land Use Code are criminal misdemeanors. The ordinance provides provisions that would de-criminalize and make violations of the ordinance a civil infraction. That would allow the city the ability to prosecute these with a lesser burden of proof on the evidence and give staff a little more flexibility on how the code is enforced. Member Lingle asked about the de-criminalizing item previously discussed and was that really a P & Z land use issue. Mr. Barnes replied that it was in the code now and any change to the Land Use Code has to go to the Planning and Zoning Board for a recommendation before it can go to City Council. There is a section in the Land Use Code that deals with enforcement and that is where the current language is. Planning and Zoning Board Minutes CRAFT, April 21, 2005 Page 4 Member Lingle asked about the separation requirement for Boarding Houses and how that would be dealt with in regards to existing structures that are either currently used as Boarding Houses or were more than likely built as Boarding Houses. Mr. Barnes replied that any legally existing use would be grandfathered in, so in the LMN zone you have two Boarding Houses and they were currently 800 feet apart, we would not require one of those to be shut down. Those would legally be grandfathered in as non-conforming with regards to the separation distances. Any new proposed Boarding House in the LMN zone would have to be whatever the distance is, from any existing Boarding House. You only get grandfather privileges if you can show that the use was legal at some point in time. Member Schmidt asked if the word "adult' was defined anywhere. Mr. Barnes replied that it was contained in the ordinance as well. Adult is simply a person 18 years or older. He referenced section 7 of the ordinance. PUBLIC INPUT Jerry Gavaldon, 1252 Solstice Lane gave comments to the Board. Mr. Gavaldon stated that there were some good merits to this and he felt that there was things we can benefit from but he wanted to highlight some concerns that maybe a pitfall. First, could this be a back door enforcing the three unrelated without following the proper channels and procedures and processes. Mr. Gavaldon also asked about emancipation of someone under the age of 18, which would put them into adult status, tax paying status and so on. He asked the Board to look at the "familia" status and how it applies and is there any discrimination and is there any perception of singling out. Secondly, looking at the areas that Boarding Houses can be, he thought that there was some good merits in good separation, and maybe the separations maybe a little too far. We need to understand why the separation is at the number of feet that the staff is advocating. Mr. Gavaldon asked the Board to really look at these points to see if this is really the way we want it followed and is it really addressing the issue at hand. He thought protecting neighborhoods is great and there is value to it. He thought there were other opportunities and ways that we can still maintain but still have Boarding Houses available. Margaret Parliament spoke about the owners rental licensing and the idea of taking that away. A famous teacher once talked about when you give rights to someone, you basically take rights away from someone else. She would like everyone to think about Planning and Zoning Board Minutes DRAFT April 21, 2005 Page 5 that in this proposal. No one really wants to be disturbed by noisy neighbors or renters and she can respect that. If you are taking somebody's property rights to eliminate that kind of situation when there are other remedies on the books that are enforceable that is what she is questioning. Lets look at three examples of unintended victims to this possible scenario; a young family buys there first home, mother, father and two kids. They depend on both salaries to meet the mortgage payment and one of them loses their job and can only get a job that pays much less. They have a financial strain immediately. Through the current owners licensing rental act, they could rent a room to a married couple, which would then be four adults and illegal with this new situation. That would allow them a temporary fix to pay the mortgage and avoid foreclosure. Second example, a married couple that has raised their kids is now enjoying their paid off home and have lived in the neighborhood for 30 years. A sister comes to live with them and has medical expenses they are trying to help with. Another friend of the family is possibly widowed and they are in the situation of possible assisted living or into a situation where they would be living alone, but they could live in this house with the appropriate parking and share the expenses with their family so their medical needs can be met. Many foreclosures are due to medical expenses. Third, a twenty-two year old is in college and working part time and may save money and partner with their parents for a down payment on a four bedroom house with the appropriate parking. That person rents to a married couple and maybe another friend and they work together, they share expenses in terms of rent and utility bills. Should we really sacrifice the rights of each of these homeowners to appease the demands of someone who are really opposed to renters? It costs twice as much to drive a car as it did last year, we don't know what our heating bills are going to be this winter and money is tight and this is a way for people to keep their homes when Colorado is now second in the nation in foreclosures. Is it wise to deny a homeowner the right to use their greatest resource to earn money through hard times, so they can stay in the home rather than become a forclosure. PUBLIC INPUT CLOSED Member Schmidt asked if the separation distance is from physical structure to physical structure. Mr. Barnes replied it was from the property lines. It would be the nearest distance from where the crow flies from one property to the other. Planning and Zoning Board Minutes DRAFT April 21, 2005 Page 6 Member Lingle said that Mr. Barnes memo stated that the four options would be going to City Council and that the Board did not necessarily have to take a position on the one the Board would prefer. Mr. Barnes replied that the Board has a prerogative to make a specific recommendation on any of the four, or plug in their own values. The ordinance that goes to Council will include these options. Member Craig asked if staff had taken any position on any of the options. Mr. Barnes replied no. Member Lingle moved to recommend approval to the changes to the Land Use Code to City Council regarding the definition of"family", occupancy restrictions and changes to both the Boarding House and Home Occupation regulations. Member Carpenter seconded the motion. Member Schmidt really did not want to zone in on any option, but stated that options three and four; the separation for the MMN is too low in those two particular options. She agreed with the memo they received today regarding moving the HMN out of the second category and it looks like every option has that but option one. When you get to options three and four, the 300 feet and the 150 feet is probably close. Member Lingle would urge staff and City Council as they discuss these that they be really careful about how they look at these separations. He thought they needed to be based on something that is defensible. He agreed with Member Schmidt's comments that the numbers included in option two seem more appropriate. He thought that as this proceeds on, there needs to be some real discussion about it. Member Carpenter agreed that the separation requirement be looked at carefully. Member Torgerson did not think that there are adequate laws but agrees there is a problem. Maybe it is enforcement and those laws should be reinforced. He did not think that changing the Land Use Code will solve this problem. The politicians will be applauded for responding and people love response, but he did not think this will do it. He did not think any of these options will do it. We need to fully enforce the laws that are on the books and put new laws on the books that will solve the problems. He did not think this would do it. He would not support any variation on the motion. Member Schmidt also had some of the same feelings that Member Torgerson has as far as the limitations we have and the only thing is that she feels that in some cases this is Planning and Zoning Board Minutes ®RAFT April 21, 2005 Page 7 going to be a complaint driven ordinance. If you do have a family and they are in a financial situation for a brief period of time and they are renting to possibly another married couple and if everything is as wonderful as the person stated, there probably won't be complaints filed and people will understand. Where as, this does give the option if people are abusing it there is some kind of recourse. Member Carpenter added that the piece of this that de-criminalizes is appropriate and it also allow the city to be able to enforce it in a more appropriate manner. Member Lingle is not convinced that this is going to solve the problem at all, but that is not really the Board's job. He thought that some of the things that are being proposed can only help take some of the loop holes away and some of the vague language that allows the city to enforce the laws on the books better. For that reason he is willing to support it in general. Member Lingle asked if Member Schmidt wanted to ad an amendment to the motion to add an option. Member Schmidt replied that their comments would be on the record and that this would be studied a lot more by staff and City Council and she did not think there needed to be a motion on any particular option. The motion was approved 6-0 with Member Torgerson voting in the negative. There was no other business. The meeting was adjourned at 7:25 a.m. Community Planning and Environmental Services ATTACHMENT 2 Neighborhood Services ia MEMORANDUM City of Fort Collins DATE: October 4, 2005 TO: Tess Heffernan, Policy and Project Manager FROM: Ginny Sawyer,Neighborhood Administrator 04Y _ .A THRU: Felix Lee, Director of Building&Neighborhood Services ( RE: Rental Registration Costs At the October 18, 2005 City Council meeting staff is proposing a package to facilitate rental registration. This fully automated package includes the following: Fully Automated Software System One time Costs On-going Costs Software System & Licenses 70,000 .75 FTE 40,840 Web Interface 25,000 Phone/VM 165 Credit Card Equipment 400 Mailings 1200 Mailing 2500 Maintenance 14,250 Total: 97,900 Total: 56,455 Vt Year Cost=$153,155 Add'I year costs=$56,455 This recommendation includes licenses for all customer service staff. It will provide the best level of customer service and the minimum level of staffing by allowing citizens to pay, register, and renew on-line. Automated email confirmation or hard copy confirmation letters could be generated as well as automatic renewal notices. This system allows staff to quickly and accurately respond to information requests and create customized reports related to rental registration and such items as nuisance complaints and building activity, utilizing one integrated system. The FTE time included in this package would allow for time spent with those citizens who would not utilize on-line services and for special information requests and queries. In developing this recommendation, staff considered a variety of options, including that of adapting current software. This option presents considerable short and long-term downfalls. Staff time would be increased thereby increasing the yearly on-going costs. All registrations and payments would be done by staff. Certificates and notices would not be automatically generated and renewals would not be automatically flagged. Specific information requests would be more time consuming and require searching in multiple systems. Should there come a time when system upgrades would be needed or deemed appropriate it would be quite expensive. 281 N. College Avenue • P.O. Box 580 • Fort Collins,CO 80522-0580•(970)224-6046 • FAX(970)224-6050