HomeMy WebLinkAbout072 - 05/18/2004 - AMENDING THE CODE PERTAINING TO THE ABATEMENT OF PUBLIC NUISANCES ORDINANCE NO. 072, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE VIII OF CHAPTER 20
OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO THE ABATEMENT OF PUBLIC NUISANCES
WHEREAS, Article VIII, Section 20 of the City Code establishes a procedure for abating
public nuisances; and
WHEREAS,the term"public nuisance"is defined in Section 20-111 of the Code as three or
more separate Code violations within a twelve month period or five or more separate violations
within a 24 month period if the conduct of persons permitting such violations was such as to annoy
or disturb the peace of the residents in the vicinity of the parcel of property in question or other
passersby on public rights-of-way; and
WHEREAS, in order to afford property owners every opportunity to remedy such public
nuisances without the need for court proceedings,the aforementioned definition of public nuisance
also requires the City to send notices by certified mail to the owners and tenants or occupants of the
properties in question before a public nuisance abatement action can be commenced under the
procedures described in Code Section 20-115; and
WHEREAS,the City Council is interested in strengthening the provisions of this Article so
as to be able to proceed more expeditiously against the owners and occupants of properties who fail
to take affirmative steps to remedy Code violations occurring on their property after receiving
multiple notices from the City regarding such violations; and
WHEREAS,toward that end,the City Council believes that it would be in the best interests
of the City to allow the commencement of a public nuisance abatement action after the occurrence
of a second separate violation unless the owner of such property can demonstrate,to the satisfaction
of the City Manager,that he or she is taking reasonable steps to abate the nuisances referenced in the
two violation notices received by the property owner.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 20-111 of the Code of the City of Fort Collins is hereby amended
so as to delete the definition of"public nuisance" contained therein.
Section 2. That Section 20-113 of the Code of the City of Fort Collins is hereby amended
by the addition of the following new subparagraph (c) so as to read in its entirety 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, during each such
violation,the conduct of the person(s)committing the violation was such as to annoy
or disturb the peace of the residents in the vicinity of the parcel or of the passers-by
on the public streets, sidewalks and rights-of-way in the vicinity of the parcel;
provided, however, that: (1) within thirty(30)days of each such separate violation,
except the final separate violation needed to prove a public nuisance under this
Article,the city has sent by certified mail to the owner(s)and tenant(s)or occupant(s)
of the parcel,a notice of violation;and(2)the last separate violation needed to prove
a public nuisance under this Article occurred no less than forty-five (45) days after
the date of mailing of the last notice of violation.
Notwithstanding the foregoing,a public nuisance may also be considered to exist
on a parcel if: (1)two(2)or more separate violations of the same section of the Code
have occurred on the parcel within a six month period, (2) the nuisance abatement
officer,in his or her discretion,has requested a hearing before the City Manager and
has so notified the owner, occupant and property manager of such parcel (if known
to the city), and (3) any owner, tenant and/or property manager appearing at such
hearing has failed to demonstrate, to the satisfaction of the City Manager, that he or
she has undertaken and proceeded with due diligence to use reasonable means to
avoid a recurrence of similar violations on the parcel by the present or future tenants
or occupants of the parcel, and the City Manager determines that a public nuisance
exists on such parcel. In making this determination, the City Manager shall be
guided by, but not limited to, the criteria contained in § 20-116(a)(1) and (2). The
City Manager shall adopt administrative regulations establishing standards to be used
by the nuisance abatement officer in determining whether to request such a hearing,
as well as procedures for scheduling and conducting the same, which procedures
shall afford the affected property owners, occupants, and/or property managers
reasonable notice and an opportunity to be heard. The standards to be used by the
nuisance abatement officer in determining whether to request a hearing shall include,
but need not be limited to, the period of time between the separate violations, the
owner or property manager's response to the first notice of violation, and any
aggravating circumstances related to either violation. If the owner, tenant and
property manager all fail to appear at such hearing, after reasonable notice, or if the
City Manager determines,after such hearing,that a public nuisance exists on a parcel
pursuant to the provisions of this paragraph, the city may commence a public
nuisance action under§20-115 on the basis of the two(2)separate violations and no
additional separate violations. Nothing herein shall be construed to relieve the city
of the obligation to send, by certified mail, notices of the two (2) violations as
required above.
Introduced and considered favorably on first reading and ordered published this 4th day of
May, A.D. 2004, and to be presented for final passage on the 18th day of May, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of May, A.D. 2004.
X
ayor
ATTEST:
City Clerk