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HomeMy WebLinkAbout051 - 05/19/2009 - AMENDING THE CITY CODE RELATING TO OCCUPANCY LIMITS ORDINANCE NO. 051, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY CODE RELATING TO OCCUPANCY LIMITS WHEREAS,Section 3.8.16 of the City's Land Use Code(the"LUC"), which establishes the maximum occupancy for dwelling units in the City, was last updated in late 2005 by the adoption of revisions that became effective in 2007; and WHEREAS,violations of LUC Section 3.8.16 are classified as civil infractions under LUC Section 2.14.4(B); and WHEREAS,the enforcement of the occupancy limit established in the LUC is complicated by the fact that Section 19-65 of the City Code currently requires the City's Code enforcement officers to serve a "notice of violation" upon any party who is suspected of committing a civil infraction, including occupancy violations, and allow that person a reasonable period of time to correct the violation before issuing a citation to the violator; and WHEREAS, the only exceptions to this notice requirement are if: (1) there is reason to believe that the violation presents a threat to the public health,safety or welfare;or(2)if the damage done by the violation is unrepairable or irreversible; or (3) the violation is a second or subsequent violation by the responsible party; and WHEREAS, the Municipal Judge has ruled that the "second or subsequent violation" referenced in this provision of the Code must have occurred at the same location as the new violation; and WHEREAS, this interpretation allows property owners of multiple properties to repeatedly violate occupancy limits at different properties with no significant consequences because the City must first serve a violation notice/order to correct before issuing a citation for any one property;and WHEREAS, irresponsible owners of multiple rental properties can repeat this cycle of "violation/notice/cure" indefinitely unless a repeat violation of the occupancy limit is discovered at the same property; and WHEREAS, while the vast majority of rental property owners comply with the occupancy regulation,some do not,and those who take advantage of the foregoing notice requirement to avoid the issuance of a citation gain an unfair competitive advantage over those who comply with the regulation; and WHEREAS, the City Council believes that revising this Code provision would allow for more effective enforcement of the occupancy limits and would be in the best interests of the residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 19-65 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-65. Commencement of action; citation procedure. (a) Officers shall have the authority to initiate enforcement proceedings as provided below. (1) An officer who has reasonable grounds to believe that a responsible party has committed a civil infraction under this Code is authorized to serve a notice of violation to the responsible pary. Except as otherwise provided in this Code, the officer shall set a reasonable time period within which the responsible party must correct the violation. This determination shall be based on considerations of fairness, practicality, ease of correction, the nature, extent and probability of danger or damage to the public or property, and any other relevant factor relating to the reasonableness of the time period prescribed. An officer may immediately serve a civil citation to a responsible party, without prior notice, if there is reason to believe that the violation presents a threat to the public health, safety or welfare, if the damage done by the violation is irreparable or irreversible, or if the alleged violation is of Land Use Code Section 3.8.16 pertaining to occupancy limits. (2) The citation form shall include, but need not be limited to, the following: a. Date and time of issuance. b. Name and•signature of officer. C. Name and address of the responsible party. d. Code section for violation charged. e. Brief description of the nature of the violation, including location, date and time of violation and description of the actions required.to correct the violation. f. Amount of the applicable civil penalty and costs,assessments and fees. g. Procedure for the defendant to follow in paying the civil penalty,costs,assessments and fees or contesting the citation. h. Notice that additional citations may be served for each day that the applicable violation is found to exist. i. Notice that failure to pay the civil penalty,costs,assessments and fees within the time allowed and failure to request a hearing within ten (10) days of service of the citation shall constitute a waiver of the responsible party's opportunity for -2- a hearing,and that,in such case,judgment may be entered up to the amount stated on the citation together with any court, abatement or removal costs, as applicable. (3) The officer may require that a responsible party or any person receiving a citation provide proof of identity and residential or work address. (4) The officer shall attempt to serve the citation to a responsible party at the site of the violation. If no responsible party can be located at the site of the violation, a copy of the citation shall be served by mail to the responsible party via first class mail at any last known address of said party in the records of the City or County and a copy shall also be left with any adult person residing or working at the site of the violation. If no adult person is found at the site and the violation occurred on private property or on property for which a responsible party has responsibility under any other ordinance or the violation involves a vehicle or trailer as the nuisance, then, a copy of the citation shall be posted in a conspicuous place on the property or attached to the vehicle or trailer, whichever is applicable. (5) The officer or inspector shall attempt to obtain the signature of the person to whom he or she served the citation;however, if the citation is mailed or posted or if the person fails or refuses to sign the citation, such failure or refusal shall not affect the validity of the citation or any subsequent proceedings. (6) Proper notice shall be deemed served on the date of receipt by the responsible party if personally served, or upon the fifth day after mailing, attaching or posting of the citation. Introduced,considered favorably on first reading,and ordered published this 5th day of May, A.D. 2009, and to be presented for final passage on the 19th d of ay, A.D. 2009. Mayor :ATTEST: _ J y _ City Clerk -3- Passed and adopted on final reading on the 19th day of May, A.D. 2009. i Mayor ATTEST:, City Clerk �Gh�cf -4-