HomeMy WebLinkAbout049 - 03/25/2003 - EXTENDING THE STATE OF LOCAL EMERGENCY DECLARED BY THE CITY MANAGER AND RATIFYING AND CONFIRMING THE EMERGENCY ORDINANCE NO. 049, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXTENDING THE STATE OF LOCAL EMERGENCY DECLARED
BY THE CITY MANAGER AND RATIFYING AND CONFIRMING THE EMERGENCY
REGULATIONS OF THE CITY MANAGER PERTAINING TO THE BLIZZARD OF
MARCH 17, 18 AND 19, 2003
WHEREAS,on March 17, 18 and 19, 2003,the City was greatly impacted by a snow storm
which deposited in excess of 30 inches of heavy, water-laden snow upon the City; and
WHEREAS,the City has not experienced a winter storm of this magnitude since December,
1913,and the weight of the snow loads upon many rooftops in the City has been so heavy as to cause
multiple total collapses of rooftops, multiple partial collapses of rooftops and has also stressed,
fractured and rendered unsafe other rooftops and structures within the City, some known and some
unknown to the City government at the time of the passage of this ordinance; and
WHEREAS,in order to undertake emergency measures to protect the life,health,safety and
property of the citizens of the City and persons conducting business therein,and in order to attempt
to minimize the loss of human life and the preservation of such property, the City Manager, acting
pursuant to the authority granted in Section 2-671(a)(1) of the City Code, has proclaimed the
existence of a local emergency; and
WHEREAS, having proclaimed such emergency, the City Manager has issued emergency
rules and regulations in order to protect the safety of City residents and of persons conducting
business within the City, a copy of which regulations is attached hereto and incorporated herein by
this reference as Exhibit "A" (the "Emergency Rules and Regulations"); and
WHEREAS, one of the purposes of the Emergency Rules and Regulations was to establish
a procedure for immediately vacating certain buildings that were determined by the Fire Chief and/or
Building and Zoning Director to be a threat to the life,health or safety of the citizens of the City or
of any person conducting business within the City,until such time as the threat to public safety has
passed; and
WHEREAS,the Emergency Rules and Regulations provide that any such premises deemed
to be unsafe shall not be reoccupied until the premises have either been repaired and returned to a
safe condition in accordance with the Uniform Building Code and/or the Uniform Code for the
Abatement of Dangerous Buildings, or until the Fire Chief or Building and Zoning Director has
determined, according to the procedures described in Attachment 1 to the Emergency Rules and
Regulations, that the building no longer presents a risk to public health and safety; and
WHEREAS,pursuant to Sec.2-67 1(a)(6)a.,the Emergency Rules and Regulations have been
presented to the City Council for confirmation; and
WHEREAS, pursuant to Sec. 2-671(a)(1), the City Manager has requested that the City
Council continue the proclamation of local emergency as established by the City Manager on March
19, 2003,beyond the seven(7)days automatically authorized to the City Manager under the Code;
and
WHEREAS, Article II, Section 6, of the Charter of the City of Fort Collins states that the
City Council may act by ordinance,resolution or motion and that every act placing any burden upon
or limiting the use of private property shall be by ordinance; and
WHEREAS,because the Emergency Rules and Regulations may be construed as temporarily
limiting the use of private property,the City Council wishes to ratify,by ordinance,its confirmation
and extension of the Emergency Rules and Regulations; and
WHEREAS, Article H, Section 6, of the City Charter allows the City Council to pass an
emergency ordinance on first reading upon the affirmative vote of at least five members of the City
Council.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Manager's establishment of the Emergency Rules and
Regulations,attached hereto as Exhibit"A"and incorporated herein by this reference,was necessary
in the interest of protecting the health, safety and welfare of the citizens of Fort Collins.
Section 2. That the Council hereby confirms,ratifies and approves the Emergency Rules
and Regulations, as of the date and time of their establishment by the City Manager.
Section 3. That the Council hereby continues the Emergency Rules and Regulations for
the purpose of protecting the public health and safety against, among other things, the collapse of
buildings whose roof structures were damaged or compromised by the heavy snowfall of March,
2003.
Section 4. That the state of local emergency and Emergency Rules and Regulations shall
continue in effect until such time as the City Manager determines in writing that the same are no
longer necessary to protect the health and safety of the residents of the City and such written
determination is filed with the Office of the City Clerk.
Section 5. That the circumstances described above require the immediate passage of this
Ordinance, and this Ordinance is therefore enacted pursuant to Article H, Section 6, of the Charter
of the City of Fort Collins as an emergency Ordinance and shall be immediate effective upon its
passage on first reading.
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Introduced, considered favorably by at least five (5) members of the Council of the City of
Fort Collins and finally passed as an Emergency Ordinance and ordered publishedois 25th day of
March, A.D. 2003.
Mayor ....
ATTEST:
City Clerk
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EXHIBIT "A"
EMERGENCY RULES AND REGULATIONS
SNOW STORM OF MARCH 17, 18 AND 199 2003
TO ALL PERSONS TAKE NOTICE:
That for the protection of life, health, safety and property as affected by reason of the snow storm
of March 17, 18 and 19,2003,which snow storm resulted in my declaration of a"local emergency"
under the authority of Chapter 2,Article IX of the Code of the City of Fort Collins,(the"City")and
which declaration of local emergency was filed with the City Clerk and with the Colorado Division
of Disaster Emergency Services on March 20, 2003, I have hereby established,under the authority
of Sec. 2-671(a)(6)a, the following rules and regulations:
1. Commencing 1:00 o'clock, a.m., on Wednesday, March 19, 2003, and
continuing until 4:00 o'clock,p.m.,Thursday,March 20,2003,Cityresidents
were strongly encouraged not to use streets in the City except for emergency
purposes.
2. The requirement of removal of snow and ice as established in Sec. 24-21 of
the Code of the City is hereby suspended until 7:00 a.m.,Monday,March 24,
2003.
3. Any building or structure within the City limits may be ordered to be vacated
by the Building and Zoning Director or the Fire Chief if inspection
demonstrates that the loading of snow weight upon such building or structure
may have resulted in significant structural damage so as to make such
building or structure immediately dangerous to the life,limb and property or
safety of the public or its occupants. The vacation of such premises shall
continue in effect until such time as the building or structure has been
determined to be safe and re-entry is allowed in accordance with the
procedures entitled "Structural Collapse & Damage Repair Advisory"
attached hereto and incorporated herein by this reference as Attachment"1".
4. The Building and Zoning Director or Fire Chief is hereby authorized to post
placards or notices on or around such buildings or structures in a manner
reasonably calculated to provide notice to those present at the premises. No
person shall remain in or enter any building or structure which has been so
posted, except that an entry may be made under the express authorization of
the Building and Zoning Director or Fire Chief. Any person violating this
rule shall be guilty of a misdemeanor punishable as provided in Sec. 1-15 of
the Code of the City of Fort Collins.
5. Notwithstanding the provision contained in Sec. 106.1 of the Uniform
Building Code (1997 Ed.), requiring the obtaining of a building permit,
persons making repairs pursuant to these emergency rules and regulations
may commence such emergency repairs prior to the issuance of the building
permit if such repairs are made pursuant to the authority of the "posted
placard" as described in paragraph 2 of"Attachment 1".
6. Pursuant to Sec. 2-675 of the Code, these emergency rules and regulations
shall take precedence over the existing ordinances, rules and regulations of
the City in the event of a conflict. In the event, however, that property
owners in the City have received a notice and order of the Building and
Zoning Director pursuant to the Uniform Code for the Abatement of
Dangerous Buildings,the procedures contained in said Code shall thereafter
apply to the property that is the subject of said notice and order.
7. Nothing in this emergency regulation shall prevent the City from utilizing
such other legal mechanisms as are available to it, including, without
limitation,the Fire Code,the Building Code,Chapter 20,Article I of the City
Code and/or the Uniform Code for the Abatement of Dangerous Buildings to
bring buildings into a safe condition so that they do not present a threat to the
public health and safety by reason of the heavy snow loads generated by the
snow storm of March 17, 18 and 19, 2003.
DATED this 21 st day of March, A.D. 2003,Nunc Pro Tunc March 19, 2003 at 1:00 a.m.
John .Fischbach,City Manager and Director
of the Office of Emergency Management
Attachment 1
STRUCTURAL COLLAPSE & DAMAGE REPAIR ADVISORY
3/21/03
The building you occupy or own has evidence of major structural damage from the
excessive snow accumulation, like loud cracking/popping sounds, cracked, sagging,
buckled,or bulging ceilings,floors or walls,or other obvious signs. You need to evacuate
the building immediately because of the danger of collapse.
A City inspector will be dispatched to do an initial assessment of the damage. Due to
the call volume it may be several hours before they arrive. If significant damage is found,
you may be required by City of Fort Collins regulations to vacate the building immediately.
A placard will be posted on the building in a conspicuous location declaring it unsafe to
enter. Only City officials or others authorized to assess or repair the damage are allowed
in the building until repairs are made, once the building is declared unsafe to occupy.
Before you can safely re-enter the building,all of the following must happen:
1. If the City inspector determines the damage is a significant hazard requiring a
professional engineer to further assess the damage and recommend repairs, a letter
signed and sealed by a licensed Colorado structural engineer, indicating the building
can be safely entered upon completion of specified temporary or permanent repairs,
must be obtained; and,
2. The posted placard, which is authorization to begin emergency repairs according to
the engineer's recommendations (if applicable), is returned to the Building &Zoning
Department along with the engineer's written recommendations and a building
permit is obtained (if applicable)as soon as possible;and,
3. The specified repairs must be performed by a licensed contractor; or, in the case of
homeowner-occupants who decide to personally perform the repairs, such
homeowner has submitted a signed City affidavit form advising of such intention,and;
4. The consulting engineer has reviewed and approved either the temporary repairs
necessary only to enter and retrieve building contents, or has reviewed and approved
the permanent repairs necessary to re-occupy the building,and;
S. Final approval is obtained based on the consulting engineer's written compliance
report and/or a final City inspection.
Any Colorado licensed structural engineer, several of whom are listed in the phone
directory, is acceptable. If it appears that you do have significant damage, it is advisable
to contact an engineer as soon as possible to begin the process. An engineer's report may
prevent an order to vacate when the building inspectors arrive. Contact the Building &
Zoning Department for More information (970 2216760) located at 281 N.College Ave.