HomeMy WebLinkAbout075 - 07/06/2010 - AMENDING SECTION 5-265 OF THE CITY CODE RELATING TO OCCUPANCY DISCLOSURE STATEMENTS ORDINANCE NO. 075, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 5-265 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO OCCUPANCY DISCLOSURE STATEMENTS
WHEREAS, Section 5-265 of the City Code requires that any person selling or leasing a
dwelling unit in the City give advance notice of the applicable occupancy restrictions for the unit by
using a form provided by the City(the "Occupancy Disclosure Statement"), and it further requires
that the form be signed by all parties to the transaction; and
WHEREAS, on May 4, 2010, City Council adopted Ordinance No. 042, 2010, amending
Section 5-265 of the City Code to require,among other things,that the signatures on the Occupancy
Disclosure Statement either be notarized or verified by electronic means; and
WHEREAS,subsequent to the passage of Ordinance No.042,2010,City staff was contacted
by stakeholders who participated in discussions with City staff between first and second reading
concerning the notarization or electronic verification options; and
WHEREAS,the stakeholders requested that the City consider whether the additional burden
placed on the parties to a real estate sales transaction of having the signatures notarized or verified
electronically is necessary, given that the City's enforcement concerns regarding Section 5-265 are
focused primarily on lease transactions; and
WHEREAS, to address the stakeholders' concern, City Council believes that in the context
of a real estate sales transaction, the requirement of having the signatures on an Occupancy
Disclosure Statement notarized or verified electronically can be eliminated without having a
significant effect on the City's enforcement of the occupancy restrictions.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 5-265 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-265. Posting; inspection of books and records; disclosure.
(a) Any certificate of occupancy for an extra occupancy rental house specifying
the number of allowable tenants must be posted on the back of the front door of the
dwelling.
(b) Whenever reasonable cause exists to believe that a violation of the Code or
Land Use Code has occurred at any rental dwelling unit, the owner and property
manager, if any, of said unit shall, immediately upon request, make available to the
City all lease, rental payment and tenant information pertaining to the unit,together
with the written disclosure statement required by Subsection (c) of this Section.
(c) Any person selling or leasing a dwelling unit shall forthwith provide all
purchasers, lessees or sublessees of such unit with a written disclosure statement,on
a form provided by the City,specifying the maximum permissible occupancy of such
unit under Section 3.8.16 of the Land Use Code. Such disclosure statement shall be
signed and dated by all parties to the transaction immediately upon execution of any
deed, contract for purchase and sale, or lease pertaining to such unit. In the case of
a lease, the following shall apply:
(1) All signatures on such disclosure statement shall be notarized by a notary
public or, as an alternative to notarization, an electronic record may be used
to verify the date that the disclosure statement was signed by the parties.
(2) The disclosure statement shall be attached to a copy of the fully executed
lease agreement and retained at the leased premises by the owner of the unit
and the property manager,if any. If an electronic record is used to verify the
date that the disclosure statement was signed,then documentation evidencing
the electronic record shall also be attached to a copy of the lease agreement.
(3) In the case of a multi-family building with an on-site manager, the lease,the
disclosure statement, and any documentation evidencing electronic
verification may be retained in the office of the property manager for the unit.
(d) Notwithstanding the foregoing, a new disclosure statement need not be
provided upon renewal of a written lease agreement if all parties to such renewal
agreement executed a disclosure statement at the time of execution of.the original
lease agreement.
(e) It shall be a violation of this Section for any person to rent a dwelling unit,or
portion thereof, to any person who has failed or refused to sign the disclosure
statement required by Subsection (c) of this Section.
(f) It shall be a violation of this Section for any person to occupy a dwelling unit
pursuant to a lease or sublease unless such person has signed the disclosure statement
required by Subsection(c) of this Section.
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Introduced, considered favorably on.first reading, and ordered published this 15th day of
June, A.D. 2010, and to be presented for final passage on the 6t)l-da—y of July, A.D. 2010.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 6th day of J D. 2010.
Mayo
ATTEST:
1
City Clerk
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