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HomeMy WebLinkAbout109 - 01/18/1973 - ADOPTING AND ENACTING BY PREFERENCE, A CODIFICATION OF EXISTING ORDINANCES OF THE CITY OF A GENERAL ORDINANCE NO. 109 , 1972 n TTtr_ AM ()RC, prnnmTNO nrm U. TACTyrnrbY nn1.rcnnrmE, A CODIFICATION OF EXISTING ORDINANCES OF TIIE CITY OF A GENERAL AND PERMANENT NATURE ENTITLED "CODE OF THE CITTY OF FORT COLLINS" AS CO�TILED BY GENERAL CODE PUBLISHERS' CORP. , WHICH PRIMARY CODE ADOPTS BY REF-ERENCE THE 1970 EDITION OF THE UNI- FORM BUILDING CODE, COPYRIGHTED AND PUBLISHED BY THE INTERNATIONAL CONFER- ENCE OF BUILDING OFFICIALS, THE 1971 EDITION OF THE NATIONAL ELECTRICAL CODE, COPYRIGHTED AND PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, THE 1964 EDITION OF THE UNIFORM PLUMBING CODE, COPYRIGHTED AND PUBLISHED BY THE WESTERN PLUMBING OFFICIALS ASSOCIATION, AND THE 196S EDITION (INCLUDING THE OCTOBER 1966 REVISION) OF THE FIRE PREVENTION CODE RECaNENDED AND PUBLISHED BY THE AMERICAN INSURANCE ASSOCIATION; PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF SUCH CODE, PROVIDING THAT THE PROVISIONS OF SUCH CODE SHOULD BE IN FULL FORCE AND EFFECT FROM AND AFTER THE EFFECTIVE DATE OF THIS ORIA ANCE; PROVIDING FOR 1HE PREPARATION AND PUBLICATION OF SUPPMENTS FOR SUCH CODE; PROVIDING FOR THE MAINTENANCE OF OFFICIAL COPIES OF SUCH CODE IN THE OFFICE OF THE CITY CLERK; PROVIDING FOR THE PURCHASE AND SALE OF COPIES OF SUCH CODE; AND DECLARING UNLAWFUL CERTAIN ACTS WITH REFERENCE ALTERING OR TAMPERING WITH SUCH CODE AND PROVIDING A PENALTY THEREFOR WHEREAS, the City Council of the City of Fort Collins has determined that it is necessary and expedient that all of the ordinances of the City of a general and permanent nature be codified and, pursuant to such determination, has caused a codification of such ordinances to be prepared by General Code Publishers Corp. , which codification is designated as "Code of the City of Fort Collins"; and WHEREAS. the Charter of the City of Fort Collins provides for the -dnption of such a code by reference; therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1-1. Adoption of Code. Pursuant to law, the ordinances of the City of Fort Collins of a general and permanent nature adopted by the Council of the City of Fort Collins on or before September 7, 1972, as revised, codified and consoli- dated into titles, chapters and sections by General Code Publishers Corp. , and consisting of chapters 1 through 118, together with an Appendix and Index, are hereby approved, adopted, ordained and enacted as the "Code of the City of Fort Collin-", the same being hereinafter sometimes referred to as the "Code". Section 1-2. Code Supercedes Prior Ordinances. This Code shall supercede all other general and permanent ordin- ances --d parts of ordinances passed by the Council of the City of Fort Collins on or before September 7, 1972, except such ordinances as are ex- pressly saved from repeal or continued in force and effect as shall here- after be set forth by reference. Section 1-6. When Effective. A11 provisions of the Code shall be in full force and effect on and after the effective date of this ordinance. Section 1-4. Repeal of Ordinances Not Contained in Code. All ordinances and parts of ordinances of a general and permanent nature adopted by the Council of the City of Fort Collins on or before September 7, 19% and iii fure:e on Lhe date of adoption of this ordinance and not contained in the Code, are hereby repealed as of the effective date of this adopting ordinance, except as hereafter provided. Section 1-5. Matters Not Affected by Repeal. The repeal of ordinances and parts of ordinances of a permanent and general nature by Sections 1-4 of this ordinance shall not affect any offense committed or act done, any penalty or forfeiture incurred, or any contract right or obligation established prior to the time when said ordinances and parts of ordinances are repealed. Section 1-6. Ordinances Saved From Repeal. The continuance in effect of temporary and/or special ordinances and parts of ordinances, although omitted from this Code, shall not be affected by such omission therefrom, and the adoption of the Code shall not repeal or amend any such ordinance or p-*t of any such ordinance. Among the temporary and/or special ordinances not repealed or amended by the adop- tion of this Code are ordinances: A. Creating, opening, dedicating, vacating or closing spe- cific streets, alleys and other public ways; B. ]Naming or changing the names of specific streets and other public ways; C. Establishing the grades of specific streets and other public ways; D. Establishing the grades or lines of specific sidewalks; E. Authorizing or relating to specific issuances of general obligation bonds; F. Creating specific sewer and paving districts and other local improvement districts; G. Authorizing the issuance of specific local improvement district bonds; H. Making special assessments for local improvements and authori- zing refunds from specific local improvement district bond proceeds; I. Annexing territory to, or excluding territory from, the City; J. Dedicating or accepting any specific plat or subdivision; K. Calling or providing for a specific election; L. Authorizing specific contracts for purchase of beneficial use of water by the City; M. Approving or authorizing specific contracts with the state or with other governmental bodies or with others; N. Authorizing a specific lease, sale or purchase of property; 0. Granting rights-of-way or other rights and privileges to specific railroad companies or other public carriers; P. Granting a specific gas company or other public utility the right or privilege of constructing lines in the streets and alleys or of otherwise using the streets and alleys; - 2 - Q. Granting a franchise to a specific public utility com- pany or establishing rights for or otherwise regulating a specific public utility company; R. Appropriating money; S. Levying a temporary tax or fixing a temporary tax rate, T. Relating to salaries; U. Amending the zoning map adopted by- Ordinance No. 46, 1965, adopted October 14, 1965. Section 1-7. Ordinances Subsequent to September 7, 1972. The Code contains all ordinances of a general and permanent nature adopted by the Council of the City of Fort Collins prior to September 7, 1972, which the City Council intends to remain in effect. All ordinances and parts or;ordinances, including amendments to specific ordinances, enacted and adopted by;the Council subsequent to September 7, 1972, shall remain in full force and effect, and their omission from this Code shall not affect the validity of the same. All such measures adopted subsequent to September 7, 1972, shall be codified and made a part of this Code in supplements to be prepared as 'herein provided for. Section 1-8. Codes Adopted by Reference. J Certain other codes are adopted by the Code as follows: A. Uniform Building Code. The 1970 edition of the Uniform Building Viand amendments thereto in the form previously_adopted by the City of Fort Collins, at least three copies of which have been properly certified as true copies by the Mayor and City Clerk, and have been and now are on file in the office of the City Clerk,__ is hereby readopted and re-enacted by reference as a part of the Code. The purpose of this Code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regu- lating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Fort Collins and certain equipment specifically regulated in said Code. The subject matter of this Uniform Building Code is regulating the erection, construction, enlargement, alteration, repair, moving and removal, conversion, demolition, occupancy, use, height, area and maintenance of buildings or structures in the City of Fort Collins; providing for the issu ance of permits and collection of fees therefor; declaring and establishing fire districts; providing penalties for the viola- tion thereof; and repealing all ordinances and parts of ordinances in conflict therewith. Said Uniform Building Code was promul- gated by the International Conference of Building Officials, 50 S. Ins Robles, Pasadena, California 91101. B. National Electrical Code. The 1971 edition of the National Electrical Code and mendments thereto in the form pre- viously. adopted by the City of Fort Collins, at least three copies .of which have been properly certified as true copies by the Mayor and City Clerk, and have been and now are in file in the office of the City Clerk, is hereby readopted and re-enacted by reference as a part of this Code. The purpose of said National Electrical Code is the practical safeguarding of persons and of buildings and their contents from hazards arising from the use of electricity for light, heat, power, radio, signalling and for other purposes. - 3 - J The subject matter of this code covers the electric conductors and equipment installed within or on public or private buildings and other premises including yards, carnival and parking lots and industrial substations and, also the conductors that connect the installation to a supply of electricity and other outside c0rd,1ct01s adjacent to the premises This Code was promulgated by the National Fire Protection Association, 60 Batterymarch Street, Boston Massachusetts 02110 C Uniform Plumbing Code The 1964 edition of the Uniform Plumbing =e and amendments thereto in the form previously adopted by the City of Fort Collins, at least three copies of which have been previo>sly certified as true copies by the Mayor and City Clerk and have been and now are on file in the office of the City Clerk, is hereby readopted and re enacted by reference as a part of this Code The purpose of this Code is to protect the health and safety of the residents of the City of Fort Collins by providing rules and regulations for the use of proper materials and proper methods of installation of plumbing The subject matter of this Code covers all matters pertaining to plumbing This Code was issued and promulgated by the Western Plumbing Officials Association P 0 Box 247 South Pasadena, California 91031 D Fire Prevention Code The 1965 edition, and the October 1966 revision thereof of the Fire Prevention Code, at least three copies of which have been properly certified as true copies by the Mayor and City Clerk and have been and now are on file in the office of the City Clerk, is hereby re adopted and re enacted by reference as a part of this Code The purpose of said Fire Prevention Code _ is to prescribe regulations governing conditions hazardous to life - - and property from fire or explosion This Code is promulgated and _ recommended by the American Insurance Association, 85 John Street,New York New York 10038 Section 1 9 Changes in Previously Adopted Ordinances In compiling and preparing the ordinances of the City of Fort Collins for adoption and revision as part of the Code, certain grammatical changes and other minor changes were made for one or more of said ordinances It is the intention of the Council of the City of Fort Collins that all such changes be adopted as part of the Code, as if the ordinances so changed bad been previously formally amended `o read as such Section 1 10 Titles and Headings Not Part of Ordinances -— - -- Chapter and Article titles, headings and titles of sections and - other divisions in the Code or in supplements made to the Code are inserted in the Code and may be inserted in supplements to the Code, for the conven fence for persons using the Code and are not part of the Ordinances Section 1 11 Notes Not Part of Ordinances Notes indicating sources of sections, giving other information or referring to the statutes, to the Charter or to other parts of the Code are inserted in the Code, and may be inserted in supplements to the Code for the convenience for persons using the Code and are not part of the Ordinances Section 1 12 Certification of Code The Mayor and city Clerk shall carefully examiric at least three copies of the Code adopted by this ordinance to see that they are true and correct copies of the Code Similarly, after each supplement has been pre pared, printed and inserted in the Code, the Mayor and City Clerk shall care fully examine at least three copies of the Code as supplemented The City 4 r Clerk shall then insert a Certificate in the front of each of said true and correct copies of the Code certifying substantially that the copy is a true and correct copy containing all permanent and general ordinances passed or adopted since tine previous supplement and until the date of the current supplement Both the Mayor and the City Clerk shall sign the certificate and the City Clerk shall seal it with the seal of the City of Font Collins The copies of the Code as originally adopted, or as amended, certified and sealed shall constitute the permanent and general ordinances of the City of Fort Collins as of the date indicated in the Certificate and shall be so accepted by the Courts of law, administrative tribunals and by all others concerned Section 1 13 Copies of Code on File At least three copies of the Code so certified and sealed most recently shall be kept in the office of the City Clerk at all times and may be inspected by any interested person at any time during regular office hours but may not be removed from the City Clerk's office except upon proper order of a Court of Law provided also, that the Mayor or the City Manager in writing may authorize the temporary removal of one and only one of said copies at a time from the City Clerk's office for good cause Section 1 14 Amendments to Code I Ordinances and parts of ordinances of a permanent and general nature passed of adopted after the adoption of this ordinance, may be passed or adopted either in the form of amendments to the Code adopted by this ordinance or without specific reference to the Code But in either case all such ordinances and parts of ordinances shall be deemed amendments to the Code, and all of the substantive, permanent and general parts of said ordinances and changes made thereby in the Code shall be inserted and made in the Code as provided in Section 1 15 hereof Section 1 15 Supplementation of Code - - — A The Council shall cause supplementation of the Code to be prepared and printed from time to time as it may see fit All substantive permanent and general parts of ordinances passed by the Council or adopted by initiative and referendum, all Charter amendments and all amendments and changes in temporary and special ordinances, or other measures included in the appendices of the Code prior to the supplementation and since the previous supplementation shall be included B It shall be the duty of the City Clerk or someone authorized _ and directed by the City Clerk, to keep up to date the three certified copies of-the book containing the Code required to be filed in the office of the City Clerk for the use of the public Section 1 16 Sale of Code Books Supplementation Copies of the Code book may be purchased from the clerk of the City of Fort Collins upon the payment of a fee to be set by resolution of the City Council The City Council may also arrange by resolution for procedures for the periodic supplementation thereof Section 1 17 Severability of Code Provisions If any sections, section subsection or provision of this Code of ordinances, or the application thereof to any person or circumstances, is declared unconstitutional or otherwise invalid by any competent court such invalidity shall not affect the other sections subsections, provisions or applications of this Code if they can be � iven effect without the invalid sections, section, subsection, provision or application Section 1 18 Severability of Ordinance Provisions Each section of this ordinance is an independent section, and the holding of any section, or part thereof, to be unconstitutional, void or 5 ineftect_ve for any cause shall not be deemed to affect the validity or constitutionality of any other section or part thereof Section 1 19 Altering or Tampering with Code Penalties for Violation Any person firm or corporation who shall alter, change or air iid the Code adopted by this ordinance, except in the manner prescribed by this ordinance, or who shall alter or tamper with said Code in any manner so as to cause the ordinances of the City of Fort Collins to be misrepresented thereby shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by Section 1 23 of this ordinance Section 1 20 Penalties for 111olatlons of this Ordinance Any person, firm or corporation convicted of violating any prove sion of this ordinance shall be guilty of a misdemeanor and shall be punished as provided in Section 1 23 of this ordinance Section 1 21 Effective Date of this Ordinance This ordinance shall take effect immediately after final approval and publication as provided in the City Charter, Article II Section 7 Section 1 22 Definitions and Interpretations A The following words and phrases, when used in the Code or in other ordinances of the City shall have the meanings respectively pre scribed for them when used in the City Charter as provided in Article XXI unless the context clearly indicates another meaning (1) Agency (2) Allotment (3) Appropriation (4) City (5) Department (6) Division (7) Elector (8) Elector or taxpayer for a period of time (9) Emergency (10) Emergency Ordinances (11) Employees (12) Misdemeanor (13) Office (14) Officer (15) Qualified elector (16) Qualified taxpaying elector (17) Taxpaying elector (18) Vote of the electors (19) Vote of the qualified electors (20) Vote of the taxpaying electors (21) Vote of the qualified taxpaying electors B When the word "person' is used in this Code or in other ordinances of the City, it shall meln and include also firm association cl.1b or other organized group partnership corporation and governmental agency as well as a natural person unless the context clearly indicates otherwise C In this Code and in other ordinances of the City a word importing the masculine jze^der only shall also include and mean the feminir> and neuter, unless the uoii` xt clearly indicates otherwise D In this Code and n other ordinances of the City a word importing the singular number only shall also include and mean the plural, unless the context clearly indicates otherwise 6 Section 1 23 General Penalty for Violations Any person, firm or corporation who shall violate any provision of the Code of any provision of any code or other regulation adopted by reference by this Code by doing any act prohibited or declared to be mlaw ful thereby or declared to be an offense or nasdemeanor thereby, or who shall engage in or exercise any business or occupation or do anything for which a license or permit is required, without having a valid license or per mat therefor as required, o- who shall fail to do any act required by any such provision, or who shall fail to do any act when such provisior aeclares such failure to be unlawful or to be an offense or misdemeanor shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $300 00 or by imprisonment not exceeding 90 days, in addition to the collection of any costs which may be provided for unless a specific penalty is provided for a particular misdemeanor Each day upon which any violation shall continue shall constitute a separate misdemeanor unless some other specific time period is provided for any particular violation Section 1 24 Penalty for Violations of Ordinances Adopted ter Adoption of Code Any person firm or corporation who shall violate any provision of any ordinance of a permanent and general nature passed or adopted after adop _ tion of-this Code, either before or after at has been inserted in the Code by a supplement shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by Section 1 23 of this ordinance unless another penalty is specifically provided for the violation Section 1 25 Additional Penalty Sections The following penalty sections as adopted by the Council of the City - of-Fort Collins as parts of ordinances contain substantively different —provisions from those contained an Section 1 23 of this Ordinance, or are =L penalty sections contained in codes adopted by reference and as such are set forth an full A Section 205 of the Uniform Building Code (Section 38 4 of the Code) reads as follows "Section 205 It shall be unlawful for any person, firm or corporation to erect, construct enlarge, alter repair, move improve remove convert or demolish equip use occupy or maintain any building or structure an the city or cause the same to be done, contrary to or in violation of any of the provisions of this code Any person, farm or corporation violating any of the pro visions of this code shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during _ which any violation of any of the provisions of this code as committed continued or permitted, and, upon conviction o-C any such violations, such persons shall be punishable by a fine of not more than three hundred dollars ($300 ) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment B Section 54 23 of the Code relating to violations and penalties with regard to collection and removal of garbage reads a--, follows _ "Violation of any of the provisions of this Article shall be punishable by a fine not to exceed three hundred dollars ($300 ) or imprisonment not to exceed thirty (30) days, in addition to the collection of costs as as otherwise provided herein " 7 � y C Subsection B of Section 114 166 of the Code relating to penalty assessments with regard to tralric violations reads ds follows ' B Unless another penalty is expressly provided herein every person found guilty of a violation of any provision of this chapter may be punished by a fine of not more than three hun dred dollars ($300 ) or by impri4ornaent for not more than ninety (90) days and if in the opinion of the Municipal Judge it is deemed advisable, the right `c drive a vehicle upon the streets of the City of Fort Collins may be revoked for a period not to exceed six (6) months -Section 1 26 Amendments and Additions to the Code The following _ amendments and additions to the ordinances of the City of Fort Collins have been made in the Code and these amendments and auditions are to be given full force and effect by this adoption of the Code 'A In Chapter 2 Agencies Officers and Employees Article VI Human Relations Commission, Section 2 19 Subsections I and K have been amended by adding necessary wording to cla-ifv the - function of the Hunan Relations Commission as follows (1) Subsection I is amended to read To investigate such - - - - conditions and facts as may be necessary in order to ascer i tain the facts " (2) Subsection K is amended to read To make periodic reports to the City Council concerning the activities and recommendations of the Commission B In Chapter 30 Utility and Improvement Funds Article IV Water Bond Principal Fund Section 30 12 is amended to replace the _ -_ _ reference to specific ordinance sections 6 c of Ordinance No- 5- T .1948 and Section 11 f of Ordinance No 35, 1958 with the words any current sewer or water system bond ordinance C In Chapter 69 Landmark Structures and Districts, Section 69 1, Definitions, is amended to clarify the definition of "re location' as follows 'RELOCATION Removal of a historically significant land- mark from a site deteriorating in terms of accessibility_ _- or aesthetic surroundings to a site more assuredly giving -- adequate protection or providing greater opportunity for -- public appreciation or enjoyment ' D In Chapter 95 Streets and Sidewalks, Article V Sidewalks _ — Curbs, and Gutters Sections 95 39, 95 42 and 95 43 are amended to change the word ' resolution" to the word "ordinance" E Chapter 104, Taxation Retail Sales and Use Article III, - Administration Section 104 58B is amended to provide that-the levy shall be "upon sufficient of the tangible personal property of the taxpayer purchaser or vendor as is necessary to satisfy the lien I F In Chapter 118 Zoning - --_ (1) Section 118 43C is amended so that last portion of the subsection reads " and oDP hundred (�00) feet for uses numbered (4) , (5) , (6) and (8) in Subsection A above ` 8 ti (2) Sections 118 44B and 118 44C are amended so that last portio-1 of uc U.�act�Wn Zva"s nWaoered L4) tnrougn (20) in Subsection A above (3) Section 118 46A(3) is amended so that all references to R n, Planned Residential District are changed to R M P Medium Density Planned Residential District (4) Section 118 62A(3) is amended by the deletion of on ginal Subsection A(3) (b) regarding sign provisions and the renumbering rf original Section 118 62A(3) (c) to become Section 118 62A(3) (b) Introduced considered favorably on first reading, and ordered published this 28th ,gay of December A D 1972, and to be presented for final passage on the 18th day of January, A D 1973 yor ATTEST City Clerk 1973 Passed and adopted on final reading this 18th day of January A D 6w") or ATTEST Cider 9