HomeMy WebLinkAbout127 - 11/15/2005 - AMENDING CHAPTER 20, ARTICLE VIII OF THE CITY CODE RELATING TO ABATEMENT OF PUBLIC NUISANCES ORDINANCE NO. 127, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 20, ARTICLE VIII
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO ABATEMENT OF PUBLIC NUISANCES
WHEREAS, the City Code presently contains various provisions enacted under the police
power of the City which are intended to maintain order and promote the health, safety and welfare
of the residents of the City; and
WHEREAS, many such provisions are directed towards the conduct of persons on private
property, and are intended to ensure that neither the conduct of such persons, nor the physical
condition of such properties,constitutes a nuisance to other residents in the vicinity of the properties
or passers-by on the public rights-of-way; and
WHEREAS, the Public Nuisance Ordinance (PNO) has proven to be an effective tool in
reducing repeat nuisance violations at specific properties; and
WHEREAS, the proposed amendments will improve current processes, allow for the
inclusion of civil nuisance violations to count as "separate violations" in addition to criminal
violations and allow code enforcement to utilize any address known to the city in determining where
to send notice of violations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the definitions of "Notice of violation" and "Separate violations" as
contained in Section 20-111 of the Code of the City of Fort Collins are hereby amended to read as
follows:
Sec. 20-111. Definitions.
Notice of violation shall mean a written notice advising the owner(s), property
manager(s), if any, and tenant(s) or occupant(s) of a parcel that the parcel, such
persons and other affected persons may be subject to proceedings under this Article
if the remaining number of separate violations needed to declare the parcel a public
nuisance under this Article occur in or on the parcel within the required period of
time. Such written notice shall be deemed sufficient if sent by certified mail to the
parcel, addressed to the owner(s)by name and to "all tenants and/or occupants" and
to the owner(s) and property manager(s), if any, at any different address as shown
in the records of the city, including utility, licensing or permit records or as shown
in the records of the Latimer County Assessor or of the county Clerk and Recorder.
Each notice of violation shall be limited to one (1) separate violation.
Separate violation(s) shall mean any act or omission that constitutes a violation
of the Code if the act or omission occurs under any of the following circumstances:
(1) the conduct of the persons committing the violation was such as to annoy
or disturb the peace of the residents in the vicinity of the parcel or of
passersby on the public streets,sidewalks and rights-of-way in the vicinity
of the parcel; or
(2) the violation constitutes a public nuisance under any section of this
Chapter 20 or this Code; or
(3) the condition of the parcel upon which the violation occurred was, at the
time of the violation, injurious or harmful to the health, safety or welfare
of the occupants, neighbors thereof, or citizens of the city.
An ongoing and uninterrupted violation shall be deemed to have been committed
only on the last day during which all the necessary elements of the violation existed
and multiple violations committed within any twenty-four-hour period of time on or
in the same parcel shall be considered a single separate violation, irrespective of
whether the violations are otherwise related to each other by some underlying unity
of purpose or scheme.
Section 2. That Section 20-113 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-113. In general.
(c) Except as provided below, a public nuisance shall mean the condition or
use of any parcel within the city limits, on or in which three (3) or more separate
violations have occurred within a twelve-month period or five (5) or more separate
violations have occurred within a twenty-four-month period,if within thirty(30)days
of each such separate violation needed to prove a public nuisance under this Article,
the city has sent by certified mail to the owners,property manager(s) and tenants or
occupants of the parcel,a notice of violation; provided however, that if an owner or
property manager of a parcel has filed an eviction action in a court of competent
jurisdiction after receiving notice of a second violation seeking to evict from the
parcel those persons whom the owner reasonably believes have been responsible for
the most recent previous separate violation(s) on the parcel, then the last separate
violationmust have occurred no less than forty-five(45)days after the date of mailing
of the last notice of violation.
Section 3. That Section 20-115 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-115. Posting of notice of commencement of public nuisance actions.
(a) Posting of notice.
(1) Upon service of the verified complaint or complaint by affidavit referred
to below, the Nuisance Abatement Officer shall post a notice at some
prominent place on the parcel.The posted notice shall state that the parcel
has been identified as the location of an alleged public nuisance and that
a civil action under this Article has been filed.
(2) Agents of the city are authorized to enter upon the parcel for the purpose
of posting these notices and to affix the notice in any reasonable manner
to buildings and structures.
Section 4. That Section 20-121 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-121. Stipulated alternative remedies.
(a) The city and any party-defendant to an action under this Article may
voluntarily stipulate to orders and remedies, temporary or permanent, that are
different from those provided in this Article.
(b) The Public Hearing Officer may accept such stipulations for alternative
remedies and may order compliance therewith only when the responding parties
admit to the existence of a public nuisance upon the parcel.
(c) The Court may accept such stipulations for alternative remedies and make
such stipulations an order of the Court, enforceable as an order of the Court.
Section 5. That Section 20-123 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-123. Limitation of actions.
Actions under this Article shall be filed no later than one(1)year after the public
nuisance or the last in a series of acts constituting the public nuisance occurs. This
limitation shall not be construed to limit the introduction of evidence of separate
violations that occurred more than one(1)year before the filing of the complaint for
the purpose of establishing the existence of a public nuisance or when relevant to
show a pattern of conduct or for any other purpose.
Introduced and considered favorably on first reading and ordered published this 18th day of
October,A.D. 2005, and to be presented for final passage on the 15th day of November, A.D. 2005.
May
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of November, A.D. 2005.
Mayor
ATTEST:
— 4�LUL A
City Clerk p