HomeMy WebLinkAbout142 - 01/15/1991 - AMENDING CITY CODE RELATING TO SIDEWALKS ORDINANCE NO. 142, 1990
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 24, ARTICLE II OF THE
CODE OF THE CITY OF FORT COLLINS
RELATING TO SIDEWALKS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 24-21 of the Code of the City of Fort Collins is
hereby amended by the deletion of subparagraph (c) and by amending subparagraphs
(a) and (b) , to read as follows:
Sec. 24-21. Removal of snow and ice required.
(a) The owners or occupants of property abutting upon or
adjacent to sidewalks within the city shall at all times keep the
sidewalks abutting upon or adjacent to the lot or lots owned or
occupied by them free and clear of snow and ice. If any such owners
or occupants shall fail to remove the snow and ice from the
sidewalks abutting upon or adjacent to their property within twenty-
four (24) hours after the accumulation of snow and ice, then the
City Manager may at once have the hazard corrected by removal of
snow and ice from the sidewalk or by the application of abrasive
material , and the cost, including 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 sidewalks and the owners, 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.
Section 2. That a new Section 24-22 is hereby added, which shall read as
follows:
Sec. 24-22. 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.
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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
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of January, A.D. 1991 .
c
mayor
ATTEST:
City Clerk
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