HomeMy WebLinkAbout141 - 01/15/1991 - AMENDING CITY CODE RELATING TO WEEDS, BRUSH AND RUBBISH ORDINANCE NO. 141, 1990
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 20 OF THE
CODE OF THE CITY OF FORT COLLINS
RELATING TO WEEDS, BRUSH AND RUBBISH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1 . That Section 20-44, General notice of removal published, " of
the Code of the City of Fort Collins is hereby repealed, with Section 20-45
renumbered accordingly.
Section 2. That Section 20-44 (previously Section 20-45) of the Code of
the City of Fort Collins, subparagraphs (a) and (b) , is hereby amended to read
as follows:
Sec. 20-44. Removal procedure; assessment of removal costs.
(a) The City Manager is authorized and directed to give notice
to any owner whose property, open area, ditch or right-of-way is
being kept or maintained in violation of the provisions of this
Article or Article II of Chapter 12 regarding rubbish and refuse.
Such notice shall be deposited in the United States Mail , addressed
to the owner of record at the address on the assessment roll of the
Larimer County Assessor or may be served upon such person
personally. The notice shall state that if the offending weeds,
grasses, brush, refuse and/or rubbish are not cut and removed from
such property,open area, ditch or right-of-way on or before five (5)
days from the date of such notice, it will be done by the city and
the cost, including the cost of inspection, the cost of any grading
or sloping necessary to protect the public safety and other
incidental costs in connection therewith and an amount not to exceed
twenty (20) percent of the costs for carrying charges and costs of
administration will be charged against the property, open area,
ditch or right-of-way.
(b) If the property, open area, ditch or right-of-way has not
been brought into compliance with this Article within five (5) days
from the date of the notice, it may be done by the city, either by
city personnel or by private contractors, as the City Manager shall
determine, and the cost, including inspection, costs of removal of
obstructions, if any, the cost of any grading or sloping necessary
to protect the public safety and other incidental costs in
connection therewith and an amount not to exceed twenty (20) percent
of the costs for carrying charges and administration shall be
assessed against the offending property, open area, ditch or right-
of-way and the owner thereof, pursuant to the applicable provisions
of Chapter 22 pertaining to public improvement assessments.
Section 3. That a new Section 20-45 of the Code of the City of Fort
Collins is hereby added, to read as follows:
Sec. 20-45. Administrative review of assessment.
(a) Any owner who disputes the amount of such assessment made
against such owner's property may, within thirty (30) days of
receipt of notice of such assessment, petition the Director of
Utility Services for a revision or modification of such assessment.
(b) Such petitions shall be in writing, delivered to the City
Clerk, and the facts and figures submitted shall be submitted under
oath either in writing or orally at a hearing scheduled by the
Director of Utility Services. Unless the petition specifically
requests a hearing, the Director of Utility Services shall make
his/her determination based upon the facts submitted in writing with
the petition and the facts presented by the city staff. The
hearing, if any, shall take place in the city and notice thereof and
the proceedings shall otherwise be in accordance with the rules and
regulations issued by the Director of Utility Services. The
petitioner shall have the burden of proving that a revision or
modification is necessary in order to preserve substantial justice.
(c) Within thirty (30) days after the filing of the petition,
the Director of Utility Services shall make findings of fact based
upon all relevant information and shall make a decision based upon
such findings and, if appropriate, modify such assessment
accordingly. Such decision shall be considered a final order of
Director of Utility Services.
(d) Every decision of the Director of Utility Services shall be
in writing, and notice thereof shall be mailed to or served upon the
petitioner within a fourteen (14) days from the date of such
decision. Service by certified mail , return receipt requested,
shall be conclusive evidence of service for the purpose of this
Article.
Section 4. That a new Article VI, to be titled "Snow Obstructions, " is
hereby added, to read as follows:
ARTICLE VI. SNOW OBSTRUCTIONS
Sec. 20-100. Nuisance declared and prohibited.
The placement, moving or transporting of snow by any person from
privately owned property that is not used for residential purposes
onto any street or right-of-way (as that term is defined in § 20-
61 of this Chapter) is hereby declared to constitute a nuisance as
a snow obstruction, and a hazard to the public health and safety.
No person shall place, move or transport, or cause any other person
to place, move or transport, snow from privately owned property that
is not used for residential purposes onto any street or right-of-
way (as that term is defined in Section 20-61 of this Chapter. )
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Sec. 20-101. Removal by city.
(a) The City Manager may, upon the discovery of any such
placement,- moving or transporting of snow onto a street or right-
of-way, immediately have the hazard corrected by removal of such
snow from such street or right-of-way, and the cost of such removal ,
including the cost of inspection and other incidental costs in
connection therewith, and an amount not to exceed twenty (20)
percent of the costs for carrying charges and costs of
administration, shall be assessed against the property abutting upon
or adjacent to the snow obstruction, pursuant to the applicable
provisions of Article III of Chapter 22 pertaining to assessments.
(b) Such assessment shall constitute an automatic, perpetual
lien in the several amounts assessed against each property from the
date the assessment became due until paid. Such liens shall have
priority over all other liens except general taxes and prior special
assessments. In case any such assessment is not paid within thirty
(30) days after it has been certified to the Financial Officer by
the City Manager and billed by the Financial Officer to the owner
by deposit in the United States Mail , addressed to the owner of
record at the address as shown on the assessment roll of the Larimer
County Assessor, the Financial Officer shall be authorized to
certify to the county Treasurer the list of delinquent assessments,
giving the name of the owner of record, the number of the lot and
block and the amount of assessment plus a ten (10) percent penalty.
The certification shall be the same in substance and in the same
form as required for the certification of taxes. The county
Treasurer, upon the receipt of such certified list, is hereby
authorized to place the same upon the delinquent tax list for the
current year and to collect the special assessment in the same
manner as taxes are collected with such charges as may by law be
made by the Treasurer. All the laws of the state for the assessment
and collection of the general taxes, including the laws for the sale
of property for unpaid taxes, shall apply to and have full force and
effect for the collection of all such assessments.
Sec. 20-102. Administrative review of assessment.
(a) Any owner who disputes the amount of such assessment made
against such owner's property may, within thirty (30) days of
receipt of notice of such assessment, petition the Director of
Utility Services for a revision or modification of such assessment.
(b) Such petitions shall be in writing, delivered to the City
Clerk, and the facts and figures submitted shall be submitted under
oath either in writing or orally at a hearing scheduled by the
Director of Utility Services. Unless the petition specifically
requests a hearing, the Director of Utility Services shall make
his/her determination based upon the facts submitted in writing with
the petition and the facts presented by the city staff. The
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hearing, if any, shall take place in the city and notice thereof and
the proceedings shall otherwise be in accordance with the rules and
regulations issued by the Director of Utility Services. The
petitioner shall have the burden of proving that a revision or
modification is necessary in order to preserve substantial justice.
(c) Within thirty (30) days after the filing of the petition,
the Director of Utility Services shall make findings of fact based
upon all relevant information and shall make a decision based upon
such findings and, if appropriate, modify such assessment
accordingly. Such decision shall be considered a final order of
Director of Utility Services.
(d) Every decision of the Director of Utility Services shall be
in writing, and notice thereof shall be mailed to or served upon the
petitioner within a fourteen (14) days from the date of such
decision. Service by certified mail , return receipt requested,
shall be conclusive evidence of service for the purpose of this
Article.
Introduced, considered favorably on first reading, and ordered published
this 18th day of December, A.D. 1990, and to be presented for final passage on
the 15th day of January, A.D. 1991 .
Mayor V
AT��ST: .
City Clerk
Passed and adopted on final reading this 15th day of January, A.D. 1991 .
C�
M yor
ATTEST: ((�� ��
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City Clerk
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