HomeMy WebLinkAbout109 - 10/21/2008 - AMENDING CHAPTER 5, ARTICLE VI, DIVISION 5, OF THE CITY CODE RELATING TO SUPPLEMENTAL RENTAL HOUSING ORDINANCE NO. 109, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 5, ARTICLE VI, DIVISION 5, OF THE
CODE OF THE CITY OF FORT COLLINS RELATING TO
SUPPLEMENTAL RENTAL HOUSING PROVISIONS
WHEREAS,the City is adopting amodel code,the International Property Maintenance Code
(IPMC),in Section 5-46 of the City Code,with local amendments in Section 5-47 thereof,to replace
the Dangerous Building Code and address issues of building and premises standards,maintenance,
and enforcement procedures; and
WHEREAS, the provisions of the City Building Codes, including the IPMC, as amended,
apply to all buildings, including rental housing; and
WHEREAS, much of what has been included in the current Rental Housing Standards
contained in Chapter 5,Article VI of the City Code is adequately covered in the City Building Codes
as adopted and amended and those provisions in Chapter 5, Article VI that are duplicative should
be repealed; and
WHEREAS,there are certain rental housing provisions in Chapter 5,Article VI dealing with
remodels, conversions, certificates of occupancy, posting and inspection of records that are not
contained in the adopted and amended City Building Codes, and the City Council desires to retain
those provisions to supplement the City Building Codes; and
WHEREAS, the City Council finds that the amendments proposed below protect and
promote the health, safety and welfare of the public and the citizens of the City of Fort collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 5, Article VI, Division 5 of the Code of the City of Fort Collins is hereby
amended and revised in the following respects:
Section 1. That Section 5-236 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-236. Definitions.
For the purposes of this Article, certain terms, phrases, words and their
derivatives shall be construed as expressly stated herein and as follows:
Words stated in the present tense include the future; words stated in the
masculine gender include the feminine and neuter;the singular number includes the
plural and the plural,the singular. Where terms are not defined in this Division and
are defined in the City Code, Land Use Code, the International Building Code,
International Fire Code, Land Use Code, International Plumbing Code,
International Mechanical Code or the ICC Electrical Code,such terms shall have the
meanings ascribed to them as stated in those codes. Where terms are not defined
through the methods authorized by this section, such terms shall have ordinarily
accepted meanings such as the context implies.Whenever the words"dwelling unit,"
"dwelling,""premises,""building,""rooming house,""rooming unit'"housekeeping
unit" or"story" are stated in this code, they shall be construed as though they were
followed by the words "or any part thereof"
Owner shall mean any person whose name appears on the tax bill for the
property or who, alone or jointly or severally with others, has legal title to any
dwelling or dwelling unit, with or without actual possession thereof, or has charge,
care or control of any dwelling or dwelling unit as owner, executor, executrix,
administrator,trustee, guardian of the estate of the owner,mortgagee or assignee of
rents. Owner shall not include any person, group of persons, company, association
or corporation who holds only a security interest or easement on the real property
upon which the dwelling or dwelling unit is situated.
Property manager shall mean any person, group of persons, company, firm
or corporation charged with the care and control of rental housing as defined below
who performs services with respect to such rental housing under a contract with the
owner thereof or who otherwise acts as representative of an owner with respect to
such rental housing.
Rental dwelling unit shall mean one(1)or more rooms occupied or intended
to be occupied as a unit exclusively for residential purposes that is leased, rented or
sublet for compensation(including money or services or the sharing of expenses)and
that is located in a boarding house or a single-family, two-family or multi-family
dwelling.
Rental housing shall mean any building or mobile home or portion thereof,
including the lot,tract or parcel of land on which the same is located,containing any
dwelling unit,or guest room which is leased,rented or sublet to a family or person(s)
for compensation (including money or services, and the sharing of expenses).
Section 2. That Section 5-237 of the Code of the City of Fort Collins is hereby amended
to read as follows:
See. 5-237. Purpose.
This Article supplements the provisions contained in the adopted City
Building Codes, including the IPMC and is necessary to protect the public health,
safety and welfare of the people of the City by regulating and controlling the use and
occupancy, location and maintenance of all rental housing within the City.
-2-
Section 3. That Section 5-238 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-238. Applicability.
(a) In General. The provisions of this Article shall apply to all rental
housing. All rental housing shall also conform to the applicable City Land Use Code
and City Building Codes, including the IPMC, as adopted and amended in Section
5-46 and 47.
Section 4. That Section 5-239 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-239. Compliance required.
(a) It shall be unlawful for any person to erect, construct, enlarge, alter,
repair,move,improve,remove,convert or demolish,equip,use,occupy or maintain
any building or structure or cause or permit the occupancy of said building or
structure in violation of this Chapter.
Section 5. That Section 5-240 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-240. Dwelling condition.
Any rental housing, the associated premises, and any equipment thereon or
portion thereof determined to be substandard, dangerous, or unfit for occupancy
pursuant to the IPMC as adopted and amended in§§ 5-46 and 5-47 of this Chapter
shall be abated by repair, rehabilitation, vacation, demolition or removal in
accordance with the procedure specified in §§ 5-46 and 5-47, or through any other
procedure allowed by law or ordinance.
Section 6. That Section 5-257 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-257. Inspection.
Inspection of rental housing shall be pursuant to the provisions of 104 of the
IPMC as adopted and amended in Section 5-46 and 5-47.
Section 7. That Section 5-258 of the Code of the City of Fort Collins is hereby amended
to read as follows:
-3-
Sec. 5-257. Maintenance of premises; compliance with codes.
Liability and responsibility for maintenance of premises and compliance with codes
shall be pursuant to the provisions of Section 107 of the IPMC as adopted and
amended in Section 5-46 and 5-47.
Section 8. That Section 5-259 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-258. Appeals.
(a) General. Except for violations of §§5-263 and 5-264 which are
governed by the provisions in § 19-36 et seq., and in order to provide for final
interpretation of the provisions of this Article and to hear appeals provided for
hereunder,the Building Review Board as established in § 2-117 shall serve in such
capacity within the procedures outlined therein and as set forth in §§5-46 and 5-47.
Section 9. That Section 5-260 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-259. Permits required .
It shall be unlawful for any person to erect, construct, enlarge, alter, repair,
move, improve, remove,convert or demolish any building or structure regulated by
this Article without first obtaining a separate permit for each building or structure
from the Building Official in the manner and according to the applicable conditions
prescribed in the City Building Codes.
Section 10. That Section 5 of the Code of the City of Fort Collins is hereby amended by
the addition of a new Section 5-260 which reads in its entirety as follows:
Sec. 5-260. Certificate of occupancy required.
It shall be unlawful for any person to rent or offer to rent all or any portion of
any building containing two(2)or more dwelling units without having first obtained
a certificate of occupancy for each dwelling unit therein.
Section 11. That Section 5-262 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-262. Inspection of construction or conversion.
All buildings or structures within the scope of this Article and all construction
or work for which a permit is required shall be subject to inspection by the Building
-4-
Official in accordance with and in the manner provided by this Article and the City
Building Codes.
Section 12. That Section 5-263 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec.5-263. Certificate required for occupancy of dwelling units contained in
single-family or two-family dwellings in excess of limit;
conditions; revocation or suspension.
(a) No dwelling unit contained in a single-family or two-family dwelling shall
be occupied by more persons than the number of persons permitted under Section
3.8.16 ofthe Land Use Code unless a certificate of occupancy for an extra-occupancy
rental house (boarding house) has been issued for such dwelling by the Building
Official.
(b) Terms and conditions imposed upon a certificate of occupancy as a boarding
house may include, but are not limited to, compliance with all state laws, City
ordinances, rules and regulations, and court or administrative orders.
(c) In determining whether to revoke or suspend a previously issued certificate
of occupancy, the Building Official may consider any history or pattern of Code
violations related to the use of the property,or any failure on the part of the applicant
or the applicant's property manager or tenants to abate or correct violations at the
property as ordered by an enforcement official, referee or judge.
Section 13. 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.
For violations other than those committed as a result of any building,
structure, equipment, or premises being found by the Building Official to be
substandard,dangerous,unfit for human occupancy, which violations and penalties
are set forth in the IPMC as adopted and amended in §§5-46 and 5-47, an owner,
property manager or occupant who violates § 5-263 and 5-264 commits a civil
infraction and is subject to the provisions contained in § 1-15. In addition, the
building official may revoke or suspend any permit or certificate issued by the city
with respect to the dwelling.
Section 14. That Section 5-266 of the Code of the City of Fort Collins is hereby amended
to read as follows:
-5-
Sec. 5-266. Responsibilities of owner.
Responsibility of owners shall be as described in the provisions contained in
Section 107 of the IPMC, as amended and adopted in Sections 5-46 and 5-47.
Section 15. That Section 5 of the Code of the City of Fort Collins is hereby amended by
the addition of a new Section 5-275 which reads in its entirety as follows:
Section 5-275 Minimum Standards
The minimum standards for rental housing shall be pursuant to the provisions
of the IPMC as adopted and amended in Sections 5-46 and 5-47.
Section 16. That Section 5-276 through Section 5-314 of the Code of the City of Fort
Collins are hereby deleted in its entirety.
Introduced, considered favorably on first reading, and ordered published this 7th day of
October, A.D. 2008, and to be presented for final passage on the t day of October, A.D. 2008.
Mayor
ATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading on the 21 st day ober, A.D. 2008.
Ma or
ATTEST:
City Clerk
-6-