HomeMy WebLinkAboutMemo - Mail Packet - 4/9/2024 - Memorandum From Sylvia Tatman-Burruss And Ginny Sawyer Re: Work Session Summary – March 26, 2024: Occupancy Item
City Manager’s Office
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PO Box 580
Fort Collins, CO 80522
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MEMORANDUM
DATE: April 2, 2024
TO: Mayor and City Council
THRU: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
FROM: Sylvia Tatman-Burruss, Sr. Project Manager
Ginny Sawyer, Lead Project Manager
RE: Work Session Summary –March 26, 2024: Occupancy Item
Mayor Arndt, Mayor Pro Tem Francis and Councilmembers Canonico, Pignataro, Potyondy, Gutowsky,
and Ohlson were present. Staff presented an update and overview of HB 1007 and occupancy options.
Discussion included:
The reliance on health and safety regulations going forward (assuming passage of HB 1007).
Overview and questions regarding existing ordinances and policies for addressing property
maintenance and nuisance issues.
Acknowledgement of enforcement challenges in using square footage per person or occupancy
language in the International Building Code (IBC) or International Property Maintenance Code
(IPMC) to regulate residential occupancy.
Questions regarding existing building and property codes.
Desire to discuss options further at the scheduled May 14, 2024 work session.
Next steps:
Continue to monitor HB24-1007 and any amendments that may occur prior to receiving the
Governor’s signature.
Continue to refine possible options with staff based on Council feedback.
Next Council Work Session currently scheduled for May 14th.
Review potential options with the Planning & Zoning Commission at their May Work Session.
Follow Up Items:
The following information is provided based on discussion and questions raised during the work
session.
Staff did mis-speak in saying that elements of the IBC or IPMC would need to be adopted back into our
code. Should HB 1007 pass, language regarding occupancy would need to be removed from the Land
Use Code. Any additional code amendments would be optional based on Council desire.
Information below includes existing ordinances, policies, and programs related to property maintenance
and where applicable data related to recent violations and rates of compliance.
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Building Code Requirements
To address life-safety and maintenance issues within existing structures, the City of Fort Collins has
adopted the 2021 International Property Maintenance Code, with amendments. These codes provide
general maintenance requirements for all existing structures (commercial and residential, primary and
secondary, rental and owner-occupied) including but not limited to:
Exterior and Interior Structure: Shall be maintained in good repair, structurally sound and
sanitary so as not to pose a threat to the public health, safety or welfare.
Systems: All HVAC, electrical and plumbing facilities and equipment shall be maintained in safe
condition and good working order.
Fire safety Requirements:
o Smoke and Carbon monoxide alarms must be provided as required
o Emergency escape and rescue openings and means of egress must be maintained
o Installed fire rated assemblies and fire suppression systems must be maintained
Vacant Structures:
o Vacant structures must be secured in accordance with a specific boarding standard to
not allow illegal occupancy, trespassing or cause a public nuisance.
o Must maintain structural integrity of the structure.
Separating life-safety from deferred maintenance requires some discretion i.e. minor peeling or fading
exterior paint would not be a violation unless or until it affected building integrity (rotting siding or trim,
causing a leak into the structure, or significant portions of raw building materials exposed).
When violations are confirmed, staff will send a notice to the owner. Depending on the severity of the
violation the timeline to comply varies between 24 hours and 30 days. Staff will always seek voluntary
compliance first and if significant progress is being made, timeline extensions can be and are granted.
If no communication is established between the owner and staff, and no progress is made, enforcement
will escalate to a civil citation.
Violations by year*
Verified Complied Open
2024 to date 61 26 35
2023 207 151 56
2022 173 153 20
*Building Services violations including: Stop Work Orders, Rental Inspection and Property Maintenance.
Municipal Code Requirements
Public Nuisance Ordinance
• Updated in 2022
• Regulates two types of nuisances:
• Public Nuisance and Chronic Nuisance
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A “nuisance activity” defined in the PNO includes 66 categories of various criminal and civil violations
happening on the property that individually, or in combination, result in either a public nuisance or
chronic nuisance property.
A “public nuisance” is more generally defined, while the definition of a “chronic nuisance property” is
tied to a certain number of nuisance activities occurring on a property within a set period.
Nuisance Data 2021 2022 2023
Total cases 7,661 10,269 8,556
% complaint-based 46% 30% 32%
% pro-active patrol 54% 70% 68%
% voluntary
compliance
92% 89% 92%
Total citations 61 39 42
Total abatements 541 1,247 719
2022 had an unusually high amount of snow cases which impacts the percentage of voluntary compliance
and the number of abatements.
Top 3 case types in all three years: Weeds/tall grass; Snow; and Rubbish
2024 to date, we have reviewed 5 properties and sent 3 violation letters, 1 abatement plan has
been signed.
Chronic nuisance cases include 4 cases with high levels of police responses – mostly drug-
related – 1 was party nuisances; 8 nuisance cases – weeds, rubbish, and in operable vehicles;
2 animal control cases; 2 meth properties; 1 abandoned property; and 1 property maintenance
code and building code case.
Yard Maintenance
Fort Collins Municipal Code 20-31 Yard Maintenance: No less than eighty (80) percent of any yard
area, excluding sidewalks and driveways, shall be covered with grass, ground cover plants or other
landscaping material, such as mulch, decorative gravel, stone, or paving bricks.
Rental Registration Program
The Rental Housing Registration Program is a new program whereby all residential properties in Fort
Collins will be registered with the City of Fort Collins. The program began in 2024 and is currently
seeking voluntary compliance of properties. There are monetary incentives available to landlords who
register in 2024. Mandatory registration will begin in 2025.
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