HomeMy WebLinkAbout085 - 08/19/2008 - AMENDING CERTAIN SECTIONS OF THE CITY CODE AND THE LAND USE CODE PERTAINING THE PENALTIES FOR CIVIL ORDINANCE NO. 085, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN SECTIONS OF THE CODE OF THE
CITY OF FORT COLLINS AND THE LAND USE CODE
PERTAINING THE PENALTIES FOR CIVIL INFRACTION VIOLATIONS
WHEREAS, the violation of certain provisions of the City Code are designated as civil
infractions; and
WHEREAS,the City Council has previously approved language which elevates the violation
of civil infractions to a criminal misdemeanor after a second violation in twelve months in order to
provide motivation to reduce recidivism; and
WHEREAS, Council desires to clarify these penalty provisions to be consistent throughout
the City Code; and
WHEREAS,the proposed amendments will provide more efficient and effective enforcement
by providing clarification; and
WHEREAS,Council believes that the proposed amendments will promote the health,safety
and welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 1-15 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 1-15. General penalty and surcharges for misdemeanor offenses, traffic
offenses and traffic and civil infractions.
(f) Except as provided in subsection (4) below, any person found responsible
for a violation of this Code designated as a civil infraction shall pay a civil penalty
for such infraction of not more than one thousand dollars ($1,000.) plus costs,
damages and expenses as follows:
(1) Each act of violation and every day upon which a violation occurs shall
constitute a separate violation.
(2) A person found responsible by the Municipal Court or Referee for any
violation of this Code charged as a civil infraction shall pay the penalty and
costs assessed, which may include all costs, direct and indirect, which the
City has incurred in connection with the civil infraction. In addition, the
Municipal Judge or referee may issue any orders necessary to abate a
nuisance.
(3) If a defendant fails to answer a citation for a civil infraction or notice to
appear in court or before a referee for such infraction, a default judgment
shall enter in the amount of the civil penalty plus all costs, expenses and
damages. In the event a defendant fails to pay a civil penalty, costs,
damages or expenses within thirty (30) days after the payment is due or
fails to pay a default judgment, the City may pursue any legal means for
collection and, in addition, may obtain an assessment lien against the
property that was the subject of the violation if the Code violation is
designated as a nuisance in Chapter 20,is a violation of any civil infraction
contained in Chapter 5, 12,20,24 or 27,or is a violation of Land Use Code
Section 3.18.16 and was committed by an owner or tenant of the property,
as defined in Land Use Code Section 5.1.2.
(4) If a person who is alleged to have committed a violation of any provision
of this Code that is classified as a civil infraction has been found liable for
two (2) or more such violations within the twelve (12) month period
immediately preceding the new alleged violation, then, whether or not the
previous violations were committed at the same premises as the new
alleged violation, the new alleged violation may be charged as a
misdemeanor criminal offense that is subject to a penalty or imprisonment,
costs, fees and any other orders imposed in accordance with this Section.
Section 2. That Section 5-265 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-265. Violation; minimum penalties.
An owner, property manager or occupant commits a civil infraction by violating
any provision of§§ 5-263 and 5-264.A finding that such civil infraction exists shall
subject the offender(s) to any or all of the following actions:
(1) The imposition of the penalty provisions of§ 1-15(f);
Section 3. That Section 12-26 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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Sec. 12-26. Violations and penalties.
Any person who violates § 12-18 of this Article commits a civil infraction and
is subject to the penalty provisions of § 1-15(f). Any person who violates any other
provision of this Article also commits a misdemeanor. All such misdemeanor
violations are subject to a fine or imprisonment in accordance with § 1-15.
Section 4. That Section 20-45 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-45. Violations and penalties.
Any person who violates any provision of this Article, except Subsections 20-
42(f)and 20-420),commits a civil infraction and is subject to the penalty provisions
of§ 1-15(f). Any person who violates Subsections 20-42(f) or 20-420) commits a
misdemeanor criminal offense and is subject to a penalty or imprisonment,costs and
fees and any other orders imposed in accordance with § 1-15.
Section 5. That Section 20-96 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-96. Violations and penalties.
Any person who violates any provision of this Article commits a civil infraction
and is subject to the penalty provisions of§ 1-15(f). If a person commits three(3)or
more violations in twelve (12) consecutive months of any provision of this Code
classified as a civil infraction,the third such violation and any subsequent violations
within said twelve-month period shall constitute a misdemeanor criminal offense and
shall be subject to a penalty or imprisonment, costs and fees and any other orders
imposed in accordance with § 1-15.
Section 6. That Section 20-100 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-100. Nuisance declared and prohibited; penalty.
The placement, moving or transporting of snow by any person from privately
owned property that is not used for residential purposes onto any street or right-of-
way (as that term is defined in § 20-6t of this Chapter) is hereby declared to
constitute a nuisance as a snow obstruction, and a hazard to the public health and
safety. No person shall place, move or transport, or cause any other person to place,
move or transport,snow from privately owned property that is not used for residential
purposes onto any street or right-of-way (as that term is defined in § 20-61 of this
Chapter). Any person who violates any provision of this Article commits a civil
infraction and is subject to the penalty provisions of§ 1-15(f).
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Section 7. That Section 20-107 of the Code of the City of Fort Collins is hereby
amended to read as follows:
See. 20-107. Violations and penalties.
Any person who violates any provision of this Article commits a civil
infraction and is subject to the penalty provisions of§ 1-15(f).
Section 8. That Section 27-62 of the Code of the City of Fort Collins is hereby
amended to read as follows:
See. 27-62. Violations and penalties.
Any person who violates §§ 27-18, 27-18(a)(1-4) or 27-58 commits a civil
infraction and is subject to the penalty provisions of§ 1-15(f).
Section 9. That Section 2.14.4 of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
2.14.4 Criminal and Civil Liability; Penalties
(B) An owner, property manager, or occupant commits a civil infraction by
violating any provision of Section 3.8.16 of this Land Use Code. Each day during
which the limitation on the number of occupants is exceeded shall constitute a
separate violation. A finding that such civil infraction has occurred shall subject
the offender(s) to the penalty provisions of§ 1-15(f) of the Code of the City of
Fort Collins and, any or all of the following actions:
Introduced, considered favorably on first reading, and ordered published this 15th day of
July, A.D. 2008, and to be presented for final passage on the 19 of August, A.D. 2 08.
May r
ATTEST:
City Clerk
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Passed and adopted on final reading on the 19th day of ust, A.D. 2008.
1
ayor
ATTEST:
City Clerk
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