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HomeMy WebLinkAbout043 - 09/19/1968 - PERTAINING TO THE REPAIR OR RECONSTRUCTION OF SIDEWALKS AND CURBS AND GUTTERS IN THE CITY ORDINANCE NO LOJ 1968 BEING AN ORDINANCE PERTAINING TO THE REPAIR OR RECONSTRUCTION OF SIDEWALKS AND CURBS AND GUTTERS IN THE CITY OF FORT COLLINS, PROVIDING FOR THE PAYMENT THEREFOR BY THE OWNERS OF PROPERTY ADJACENT THERETO, PROVIDING FOR THE ASSESSMENT OF THE COSTS OF THE SAME AGAINST THE PROPERTY ADJACENT THERETO, AND REPEALING SECTIONS 22-42 THROUGH 22-44 OF THE CODE OF ORDINANCES OF THh CITY OF FORT COLLINS, COLO- RADO, 1958, AS AMENDED, AND DECLARING AN EMERGENCY Section 1 It shall be the duty of the owner of any real property in the City of Fort Collins adjacent to a sidewalk and curb and gutter to keep such sidewalk and curb and gutter in repair so that the same does not endanger the public Section 2 The City Engineer or his authorized representative shall periodically inspect the sidewalks and curbs and gutters in the City and report to the City Council regarding the same Such report shall set forth the portions of sidewalks and curbs and gutters in the City in need of repair and any other details requested by the City Council Section 3 Whenever the City Council shall deem it necessary that any portion of a sidewalk, curb or gutter be repaired or reconstructed in order to protect the public, the City Council may order the owner of the real property adjacent thereto to repair or recon- struct the same Such order shall be made by resolution of the City Council which shall describe the work required A copy of such resolution shall be sent to the owner of the property adjoining the sidewalks, curbs or gutters to be repaired or reconstructed by certified mail, return receipt requested, and shall be deemed served upon such owner upon deposit in the United States mails, postage prepaid, addressed to the property owner at the address appearing is the real property assessment rolls for general taxes of Larimer County Such resolution shall contain a statement that in the event the repairs or recon- struction required are not completed within thirty (30) days after mailing of the resolution to the property owner, the City will proceed to do the required work and charge the cost of the same to the abutting property owner and certify and collect said cost through the County Treasurer in the same manner that general property taxes against the property are collected For the purpose of this ordinance, the owner of any property shall be considered to be the person who is shown as the owner on the most recent tax rolls of Larimer County In the event more than one property is covered by the resolution only that portion of the resolution which concerns each property owner need be sent to such property owner Section 4 In the event the owner of any property fails or refuses to perform the work required under this ordinance within thirty (30) days after mailing the resolution to such owner, the City Council shall order the City Engineer to perform the work and upon completion of the work, the cost thereof shall be assessed against the adjoining property and collected as herein provided Section 5 In the event the City Council orders the City Engineer to perform any work pursuant to this ordinance the City Engineer shall request bids from all con- tractors licensed under the ordinances of the City to construct sidewalks, curbs and gutters and shall let the contract for such work to the contractor submitting the lowest bid complying with the requirement of the plans and specifications of the City Engineer Section 6 Upon the completion of the repairs or reconstruction the City Engineer shall make a report to the City Council which shall show the total cost of the work done including an additional ten per cent (107) to cover the cost of engineering and other incidentals and the portion of such cost to be assessed against each property adjoining the sidewalk, curb or gutter which was repaired or reconstructed A copy of the pertinent portion of such report shall be mailed by the City Engineer to each property owner involved at the same address to which the resolution was previously mailed Such copy shall be deemed served on the property owner upon deposit in the regular United States mails, postage prepaid, and the certificate of the person mailing the same shall be considered proof of such mailing The copy served upon the property owner shall designate the date (not more than 30 days nor less than 10 days after mailing) when the City Engineer will present such report to the City Council for approval Section 7 On the date specified, the City Engineer shall present his report to the City Council The City Council shall review the same and after hearing all complaints presented in person or in writing, shall assess the costs of the repair and recon- struction against the properties adjoining the sidewalk, curb or gutter Each property shall be assessed for the actual cost of repairing or reconstructing the sidewalk curb and gutter adjoining such property plus an additional 107 of such amount to cover the cost of engineering and other incidentals Such action of the City Council shall be by resolu- tion and the resolution shall further set the date (60 days afiter passage of the resolution) when any unpaid assessments shall be certified to the County Treasurer for collection From and after the date of said resolution, the costs assessed shall be a lien against the lands so assessed and the amounts assessed shall bear interest at the rate of six per cent (6%) per annum from such date Section 8 Payment of any amount assessed, together with accrued interest thereon, may be made to the Director of Finance at any time prior to the date set for certifying the assessments to the County Treasurer Section 9 Upon the date set by the City Council, the Director of Finance shall deliver an assessment roll to the County Treasurer showing the unpaid amount of each assessment and the property against which such assessment was made Such roll shall be certified by the Director of Finance and attested by the City Clerk under seal of the City Such assessments shall be collected by the County Treasurer together with a 107 penalty thereon to defray the cost of collection as provided by the laws of the State of Colorado Section 10 No delays errors defects or irregularities in any action or proceeding authorized by this ordinance shall prejudice or invalidate any final assessment, but the same may be remedied by subsequent amending acts or proceedings as the case may require and when so remedied shall take effect as of the date of the original act or proceeding If any court of competent jurisdiction sets aside any assessment on account of any irregularity in the proceedings then the Council may correct such irregularity and make a new assessment and the same shall be effective as of the date of the original assessment Section 11 Sections 22-42 through 22-44, both inclusive, of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, are hereby repealed Section 12 In the opinion of the City Council an emergency exists for the actual preservation of the public peace, health, safety and property in that in the opinion of the City Council some of the sidewalks, curbs and gutters in the City of Fort Collins are in a state of such disrepair that the same present a hazard to the general public and the City of Fort Collins may be liable for any injury incurred by any person on account of such disrepair and, therefore an emergency is declared to exist and this ordinance shall take effect upon its passage under and by virtue of the authority contained in Sections 6 and 7 of Article II of the Charter of the City of Fort Collins Introduced read at length and adopted by the unanimous vote of all the members of the City Council of the City of Fort Collins present at a regular meeting held this 19th day of September A D 1968 4 1 L �l Mayo ATTEST >� J City Clerk- ( ---2---