HomeMy WebLinkAbout184 - 11/18/1986 - AMENDING THE CITY CODE RELATING TO NUISANCES ORDINANCE NO. 184, 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 79 OF THE CODE OF THE CITY OF
FORT COLLINS RELATING TO NUISANCES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 79-6 of the Code is hereby amended by adding,
revising, and deleting the following definitions:
§79-6. Definitions.
'As used in this Article, the following terms shall have the
meanings indicated:
BACKYARD WILDLIFE HABITAT CERTIFICATION -- Certification by the
Division of Natural Resources, under its backyard wildlife habitat
program, recognizing a yard as having the necessary components to
sustain the desired wildlife species.
BRUSH -- A growth of bushes and trees, or an accumulation of
cuttings from dead or dying portions of trees and bushes, capable
of concealing filthy deposits, rubbish, refuse or debris.
CITY MANAGER - The City Manager or the designated representative
of said Manager.
DITCH -- Any channel , either man-made or natural , to carry water
for drainage or irrigation , including its access and/or
maintenance easements on either side.
OPEN AREA -- Real property zoned as open space or designated
transition, or any other undeveloped real property, in single,
common or joint ownership.
OWNER -- The owner or record, whether person, firm •or corporation,
any agent or representative of the record owner, and any person or
persons entitled to possession of the premises.
PROPERTY -- Includes in addition to the owner's lot or tract of
land, whether improved or vacant, the area to the center of an
alley abutting the lot or tract of land, if any, all easements of
record, and the sidewalk, curb, gutter and parking area of any
street abutting such lot or tract of land.
REFUSE -- Solid and liquid wastes, except hazardous wastes,
whether putrescible or non-putrescible , combustible or
noncombustible, organic or inorganic, including by way of
illustration and not limitation, wastes and materials commonly
known as trash, garbage, debris, or litter, animal carcasses,
offal or manure, paper, ashes, cardboard, cans, yard clippings,
glass, rags, discarded clothes or wearing apparel of any kind, or
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any other discarded object not exceeding three feet in length,
width or breadth.
RUBBISH -- Non-prutrescible solid wastes of a large size,
including by way of illustration and not limitation, large brush
wood, large cardboard boxes or parts thereof, large or heavy yard
trimmings, discarded fence posts, crates, vehicle tires, junked or
abandoned motor vehicle bodies or parts thereof, scrap metal ,
bedsprings, water heaters, discarded furniture, and all other
household goods or items, demolition materials, used lumber and
other discarded or stored objects three feet or more in length,
width, or breadth.
WEED -- An unsightly, troublesome or injurious herbaceous plant,
including but not limited to: bindweed (Convolvolus arvensis) ,
horsenettle (Solanum elaeagnifolium) , Johnsongrass (Sorghum
halepense), Russian knapweed (Centaurea repens) , silverleaf
povertyweed (Franseria discolor) , woolyleaf povertyweed (Franseria
tomentosa) , perennial sow thistle (Sonchus arvensis) , leafy spurge
(Euphorbia esula) , St. Johnswort (Hypericum perforatum) , Canada
thistle (Cirsium arvense), whitetop (Cardaria draba) , hairy
whitetop (Cardaria pubescens) , curly dock (Rumex crispus) , fanweed
(Thlapsi arvense), purpleflower groundcherry (Physalis lobata) ,
mustards (Brassica spp. ) , blue lettuce (Lactuca pulchella) , wild
oat (Avena fatua) , buckhorn plantain (Plantago lanceolata) ,
mouse-ear povertyweed (Iva axillaris) , puncturevine (Tribulus
terrestris), quackgrass (Agropyron repens) , yellow toadflax
(Linaria vulgaris) , Dalmatian toadflax (Linaria dalmatica) ,
cocklebur (Xanthium italicum), perennial ragweed (Ambrosia
psilostachya) , common ragweed (Ambrosia elatior) , sandbur
(Cenchrus pauciflorus) , Russian thistle (Salsola kali) , fireweed
(Kochia scoparia) , redroot pigweed (Amaranthus retroflexus) , black
nightshade (Solanum nigrum) , buffalobur (Solanum rostratum) ,
common sunflower (Helianthus annus), showy milkweed (Asclepias
speciosa) , marijuana (Canabis sativa), dandelion (Taraxacum
officinalis), poison ivy (Rhus radicans) , all untended grasses and
any other type of noxious weeds specified by the United States
Department of Agriculture.
Section Z. That Section 79-7 is hereby amended and renumbered as
follows:
§79-7. Nuisance declared.
A. All weeds, brush, refuse, and rubbish on a property within the
City are hereby declared to be a nuisance and a menace to the
health and safety of the inhabitants of the city.
B. It is unlawful for the owner of any property, except property
defined as open area, to permit weeds and brush to grow to a
height of more than six (6) inches.
C. It is unlawful for the owner of any property defined as an
open area to permit refuse or rubbish to accumulate, or to
permit weeds and brush to grow to a height of more than twelve
(12) inches within a distance of one hundred (100) feet from
any dedicated street or developed properties, or to permit
growth of weeds which are apt to be transported by winds and
noxious weeds, regardless of height on any portion of the open
area.
D. It is unlawful for the owner of any ditch, ditch right-of-way
or railroad right-of-way to allow the growth of weeds of brush
upon such ditch or right-of-way in excess of twelve (12)
inches in height or fail to remove any unlawful growth or
accumulation of weeds, brush, refuse or rubbish therefrom.
E. Variances.
An owner of a tract of land which has been certified as a
backyard wildlife habitat by the City may allow the following
weeds to grow in his or her yard in a specified area:
I . Common sunflower (Helianthus annus) ;
2. Dandelion (Taraxacum officienalis) ;
3. Mustards (Brassica spp. ) ;
4. Showy milkweed (asclepias speciosa) .
The area in which such weeds are permitted to grow shall not
exceed one hundred (100) square feet. An owner may also have
in his or her yard, a brush pile not to exceed eight feet by
eight feet by three feet (8 X 8 X 3 ) in size, if so
permitted by the terms of the backyard wildlife habitat
certification.
F. When the City Manager deems it necessary in order to control
the growth of weeds or brush, said Manager may cause to be
published in a newspaper of general circulation in the city a
notice requiring all owners to cut down, remove and destroy
all unlawful weeds and brush by or upon a specified date which
date shall not be less than five (5) days from the date of
publication thereof. Said notice shall further provide that
failure to comply therewith may result in the imposition upon
the owner of civil and/or criminal liability in accordance
with this Code.
§79-8. Removal procedure; assessment of removal costs.
A. The City Manager is hereby 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 Chapter 54 of the Code, or
contrary to the terms of any publication made by the city
pursuant to §79-7F, and such notice shall be deposited in the
United States Mail , addressed to the owner of record at the
address as shown on the tax rolls , and any agents ,
representatives or occupants as may be known, or may be served
upon such person personally, and shall state that if the
offending weeds, 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, the
same will be done by the city, and the cost thereof, including
the cost of inspection and other incidental costs in
connection therewith and an amount not to exceed ten percent
(10%) of the said costs for carrying charges and costs of
administration, will be charged against the said 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 said notice, the same may be done by the
city (either by city personnel or by private contractors, as
the City Manager shall determine) and the cost thereof,
including inspection, costs of removal of obstructions, if
any, and other incidental costs in connection therewith and an
amount not to exceed ten percent (10%) of the said costs for
carrying charges and costs of 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 16 of this Code pertaining to
assessments.
C. Such assessment shall be a lien in the several amounts
assessed against each property, open area , ditch or
right-of-way, until paid, and 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 the same has been certified to the
Finance Director by the City Manager and billed by the Finance
Director to the owner by deposit in the United States Mail
addressed to the owner of record at the address as shown on
the tax rolls, and any agents, representatives or occupants as
may be known, the Finance Director shall then be and is hereby
authorized to certify to the Larimer County Treasurer the list
of delinquent assessments, giving the name of the owner as
appears of record, the number of the lot and block and the
amount of the assessment plus a ten-percent penalty, said
certification to be the same in substance and in the same form
as required for the certification of other taxes; and the
County Treasurer, upon receipt of such certified list, is
hereby authorized to place the same upon the tax list for the
current year and to collect the assessment in the same manner
as general property taxes are collected, together with any
charges thereon as may by law be made by the Treasurer; and
all laws of the state for the assessment and collection of
general taxes, including the laws for the sale of property for
taxes and the redemption thereof, shall apply to and have full
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force and effect for the collection of all such assessments.
Notwithstanding the foregoing, if the offending property, open
area, ditch or right-of-way is not subject to taxation, the
Finance Director may elect alternative means to collect the
amounts due pursuant to this article, including the
commencement of an action at law or in equity and, after
judgment, such remedies as are provided by law.
Section 3. That the existing Section 79-8, "Stagnant water declared a
nuisance", is hereby renumbered as §79-9.
Section 4. That Section 79-9 as it exists prior to this ordinance is
hereby repealed and reenacted as §79-10 as follows:
§79-10. Air pollution nuisances prohibited.
A. The emission or escape into the open air from any source or
sources of smoke, ashes, dust, dirt, grime, acids, fumes,
gases, vapors, odors, or any other substances or combination
of substances in such manner or in such amounts as to endanger
or tend to endanger the health, comfort, safety or welfare of
the public, or to cause unreasonable injury or damage to
property, or to interfere with the comfortable enjoyment of
property or normal conduct of business is hereby found and
declared to be a public nuisance. It is unlawful for any
person to cause, permit, or maintain any such public nuisance
within the city.
B. Because of the offensive odor, burning of cottonwood (Populus
deltoides) for heating or recreation in residences is declared
to be a nuisance and is prohibited.
Section 5. That Section 79-12(D) is hereby amended to read as
follows:
D. Such deposits of dirt, debris or other materials are hereby
declared to constitute a nuisance and hazard to the public;
and the City Manager may remove said deposits or materials and
charge the general contractor, superintendent, owner of the
property on which the work is being performed or other person
responsible for the full cost of such removal . Until such
charge has been fully paid , no such contractor,
superintendent, owner or other responsible person shall be
entitled to obtain further construction related permits or
certificates from the city.
Section 6. That should any section, paragraph, sentence, word or
other portion of this Ordinance be declared invalid for any reason,
such invalidity shall not affect any other portion of its provisions,
and that the Council would have passed all other portions of this
Ordinance and adopted all such other provisions, independent of the
elimination herefrom of any such portion which may be declared
invalid.
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Introduced, considered favorably on first reading, and ordered
published in summary form this 4th day of November, A.D. 1986, and to be
presented for final passage on the 18th day of November, A.D. 1986.
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Mayor
ATTEST:
City Clerk
1986.Passed and adopted on final reading this 18th day of November, A.D.
Mayo
ATTEST:
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City Clerk