HomeMy WebLinkAbout144 - 11/18/2003 - AMENDING THE CITY CODE PERTAINING TO THE ABATEMENT OF UNSANITARY OR DANGEROUS PREMISES ORDINANCE NO. 144, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 20-2 AND 20-3 OF THE CODE
OF THE CITY OF FORT COLLINS PERTAINING TO THE
ABATEMENT OF UNSANITARY OR DANGEROUS PREMISES
WHEREAS, Sections 20-2 and 20-3 of the City Code presently provide for the abatement
of unsanitary or dangerous premises by order of the City Council,or,in emergency situations,by the
City Engineer, Director of Building and Zoning or Fire Chief, and these code sections expressly
authorize ordering the premises to be "remedied,repaired or abated,"but do not include an express
provision authorizing the issuance of an order that the premises be vacated; and
WHEREAS,as a result of the blizzard of March,2003,the City Council has determined that
it is in the best interest of the health, safety and welfare of the citizens of the City that authority also
be included in Sections 20-2 and 20-3 to order the vacation of such premises.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Sections 20-2 and 20-3 of the Code of the City of Fort Collins are hereby amended
to read as follows:
Sec. 20-2. Abatement of unsanitary or dangerous premises.
(a) If either the City Manager,the City Engineer,the Director of Building and
Zoning or the Fire Chief determines that any premises within the city are unsanitary,
as determined by the Latimer County Department of Health and Environment, or
dangerous to the life or property of persons or constitute a fire hazard, a written
notice of such condition shall be given by the City to the owner, agent or occupant
of the property ordering the premises to be put in proper condition within such period
as is set out in the notice and order. Such period shall not be less than twenty-four
(24) hours.
(b) If the owner,agent or occupant of the premises shall fail or refuse to comply
with the order of any of the officers within the time given in the order, then the
matter of the failure or refusal to comply with the order shall be heard before the next
meeting of the City Council without further notice to the owner, agent or occupant
of the premises. At the meeting the owner,agent or occupant of the premises or any
other person interested may appear and be heard.
(c) After the hearing, the City Council shall make such order concerning
remedying the condition complained of as may be deemed necessary and may declare
the premises to be a nuisance and cause the premises to be remedied,repaired,abated
or evacuated and shall assess the expense against the lot or premises upon which the
condition or nuisance may be found as provided by law.
Sec. 20-3. Abatement by city in cases of emergency.
Nothing herein shall be deemed to limit the power of the City Manager, City
Engineer,Director of Building and Zoning or Fire Chief,in case of an emergency for
the preservation of the public health or safety, to summarily remedy,change,repair,
abate or order the evacuation of any dangerous or unhealthy condition found to exist
without any notice to any person.
Introduced and considered favorably on first reading and ordered published this 4th day of
November, A.D. 2003, and to be presented for final passage on the 18th day of November, A.D.
2003.
ayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of November, A.D. 2003.
ayor
ATTEST:
City Clerk