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Home My WebLink About060 - 05/17/1983 - REVISING CHAPTER 79, ARTICLE II OF THE CITY CODE REGARDING THE PROCEDURES FOR WEEDS, BRUSH AND RUBBI 4 L � ORDINANCE NO. 60 1983 OF THE COUNCIL OF THE C=OF FORT COLLINS REVISING CHAPTER 79, ARTICLE II OF THE CODE OF THE CITY OF FORT COLLINS REGARDING THE PROCEDURES FOR WEEDS, BRUSH AND RUBBISH. ABATEMENT WHEREAS, the City' s current ordinance for weeds, brush and rubbish "lacks definition and range for expeditious abatement, removal -'and assess- ment procedures, and WHEREAS, the health and safety of the residents of the City of Fort Collins would best be served by the revision to the current ordinance. NOW, THEREFORE, 'BE IT. ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 79, Article II of the Code of the City be, and hereby is, repealed and re-enacted as follows: ARTICLE II Weeds, Brush and Rubbish §79-6 Definitions "Brush" means a growth of bushes and trees capable of concealing filthy deposits, rubbish, trash or debris and shall further include all like and similar cuttings from dead or dying portions of trees and bushes. "Weed" means an unsightly, useless, troublesome or injurious herbaceous plant, including, but not limited to: Bindweed (Convolvolus arvensis) , Horse- nettle (Solanum elaeagnifolium) , Johnsongrass (Sor- ghum halepense) , Russian Knapweed (Centaurea repens) , Silverleaf Povertyweed (Franseria discolor) , Wooly- leaf Povertyweed (Franseria tomentosa) , Perennial Sowthistle (Sonchus arvensis) , Leafy Spurge (Euphor- bia esula) : St. Johnswort (Hypericum perforatum) , Canada Thistle (Cirsium arvense) , Whitetop (Cardaria draba) , Hairy White-top (Cardaria pubescens) , Curly Dock ( Rumex crispus) , Fanweed (Thlapsi arvense) , V Purpleflower Groundcherry (Physalis lobata) , Mustards (Brassica spp. ) , Blue Lettuce (Lactuca pulchella) Wild Oat (Avena fatua) , Buckhorn Plantain (Plantago lanceolata) , Mouse-ear Povertyweed ( Iva axi.11aris) , Puncturevine (Tribulus terrestris) , Quackgrass (Agropyron repens) , Yellow Toadflax (Linaria vul- garis) , Dalmatian Toadflax (Li naria dalmatica) , Cocklebur (Xanthium italicum) , Perennial Ragweed (Ambrosia psilostachya) , Common Ragweed (Ambrosia artemisifolia) , Sandbur ( Cenchrus pauciflorus) , Russian Thistle (Salsola kali ) , Fireweed (Kochia scoparia) , Redroot Pigweed (Amaranthus retroflexus) , Black Nightshade ( Solanum nigrum) , Buffalobur (Solanum rostratum) , Common Sunflower (Helianthus annuus) , Showy Milkweed (Asclepias speciosa) , Mari- juana (Canabis sativa) , Dandelion (Taraxacum offici- nalis) , Poison Ivy ( Rhus radicans) , all untended grasses, and any other type of noxious weeds speci- fied by the U. S. Department of Agriculture. "Rubbish" means and includes all waste, refuse, debris and litter, whether combustible or noncombust- ible, and includes but is not limited to ashes, manure, liquid or chemical waste, cans , paper, wrappings, cigarettes, cardboard, yard clippings, leaves, branches, wood, waste building materials, glass, crockery, abandoned or partially wrecked vehicles or household furnishings and appliances, or parts thereof, carcasses of dead animals and other like and similar materials. "Owner" means the owner of record, whether person, f rm or corporation; any agent or representative of the record owner; and person or persons entitled to possession of the premises. 11P19perty" includes the area from the center of the a eT�y abutting the lot or tract of land, or from the lot lines if no alley exists, including all record easements, and includes the sidewalk, curb, gutter, and parking area of the street abutting such lot or tract of land. "Open Area" means real property zoned as Open Space oresi'gnated Transition, or any other undeveloped real property, in single; common or joint ownership. "Ditch" means any channel , either manmade or natural , to carry water for drainage or irrigation, including its access and/or maintenance easements on either side. -2- } §79-7 Nuisance Declared; Removal Procedure; Assessment. A. All weeds, brush and rubbish on a property within the City of Fort Collins are hereby declared to be a nuisance and a menace to the health and safety of the inhabitants of the City. B.- It shall be unlawful for the owner of any prop- erty, -except property defined as open area, to permit rubbish to accumulate, or to .permit weeds and brush to grow- to a height of more than six .(.6)..-i nches.•_.-..-_-. C. It shall be unlawful for the owner of any prop- erty defined as an open area to permit 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, and provided further that growth of weeds which are apt to be transported by winds, and noxious weeds shall not be permitted to grow on any portion of the open area. D. It shall be unlawful for the owner of any prop- erty which is located adjacent to any portion of any open area or ditch to cause the accumulation of rubbish within or upon such property. E. It shall be unlawful for the owner of any ditch -or ditch right-of-way to allow the growth of weeds or brush upon the ditch or its easements in excess of twelve (12) inches in height or fail to remove any ;unlawful growth or accumulation of weeds, brush or rubbish therefrom. F. When the Director of Public Works deems it necessary in order to control the growth of weeds or brush , he 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 publica- tion 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 the Code of the City. -3- G. The Director of Public Works is hereby authorized and directed to give notice to any owner whose property, open area or ditch is being kept or maintained in violation of the provisions of this Article or contrary to the terms of any publica- tion made by the City pursuant to Section 79-7(F) and..-such -notice- shall__be deposited i n.,,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 per- sonally, and shall state that if the offending weeds, brush and rubbish are not cut and removed from such property , open area or ditch 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 there- with 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 or ditch. H. If the property, open area or ditch 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 Director of Public Works 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 or ditch and the owner thereof, pursuant to the applicable provi- sions of Chapter 16 of the Code of the City pertaining to assessments. I . Such assessment shall be a lien in the several amounts assessed against each property, open area or ditch 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 Director of Public Works and billed by the -4- 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 (10%) penalty, said certification to be"the"same -in`substance and"1n-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 force and effect for the collection of all such assessments. Notwithstanding the foregoing, if the offending property, open area or ditch is not subject to taxation, the Finance Director may elect alternative means to collect the amounts due pursuant to this Article, in- cluding the commencement of an action at law or in equity and, after judgement, such remedies as are provided by law. Introduced, considered favorably on first reading, and ordered pub- lished this 3rd day of May, A.D . 1983 , and to be presented for final passage on the 17th day of May, A.D. 3. May ATTES�T: -Cy y Clerk Passed and adopted on final re ding thisl14t day of A.D. 1983 . May ATTEST: City Clerk -5-