HomeMy WebLinkAbout166 - 12/19/2023 - AMENDING CHAPTERS 18 AND 26 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING MOBILE HOME PARK MANAGORDINANCE NO.166,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 18 AND 26 OF THE CODE OF THE
CITY OF FORT COLLINS REGARDING MOBILE HOME PARK
MANAGEMENT AND LIVABILITY
WHEREAS,there are ten mobile home parks containing approximately 1,400 housing
units within the City;and
WHEREAS,mobile home parks are one of the most affordable housing options in the City
and are an important source of housing;and
WHEREAS,Chapter 18 of the City Code sets forth standards for the continuing
maintenance of mobile home parks in a healthy and safe manner;and
WHEREAS,to enhance the safety and livability of mobile home parks,Chapter 18 of the
City Code is amended by the Ordinance to expand the authorization of City staff to conduct
inspections,protect use of clotheslines and window mounted cooling devices,and increase
transparency for water billing and rebilling;and
WHEREAS,the amendment to Chapter 26 of the City Code adds a reference to the changes
to Chapter 18 regarding increased transparency for water billing and rebilling;and
WHEREAS,the amendments to Chapters 18 and 26 of the City Code are in furtherance of
City Plan and the Housing Strategic Plan and are in the best interests of the City.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2.That Section 18-2 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec.18-2.Definitions.
The following words,terms and phrases,when used in this Chapter,shall have the meanings
ascribed to them in this Section:
Building Official shall mean the Building Official,appointed pursuant to Chapter 5 of this Code
or their duly authorized representative.
Specially commissioned officer shall mean a specially commissioned officer of the City appointed
by the Chief of Police pursuant to Section 2-503(b)(2)of this Code who is authorized by law to
enforce provisions of this Code with regards to animal control,weed control,rubbish and debris,
building safety,unsanitary conditions,inoperable vehicles,stormwater and wastewater runoff and
any other condition that negatively impact the health,safety and welfare of mobile home park
residents.
Water utility,under this chapter only,shall mean the City of Fort Collins water utility.
Section 3.That Section 18-4 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec.18-4.Inspections.
(c)Compliance Inspections.To the maximum extent permissible under law,the Building
Official and any specially commissioned officers are hereby authorized,empowered and directed
to make such other inspections as are necessary,from time to time,to determine satisfactory
compliance with this Chapter and the regulations issued hereunder.
(d)Right of Entry.Whenever necessary to make an inspection to enforce any of the provisions
of this Code,or whenever the Building Official or specially commissioned officers have
reasonable cause to believe that there exists in any mobile home,mobile home lot or mobile home
park any condition or violation which makes such mobile home,lot or park unsafe,dangerous or
hazardous,the Building Official or specially commissioned officers may,at their discretion and to
the maximum extent permissible under law,enter such mobile home,lot or park at all reasonable
times to perform any inspection or other duty imposed upon the Building Official or specially
commissioned officers by this Code.If such mobile home or mobile home lot is occupied,the
Building Official or specially commissioned officers shall first present proper credentials and
request entry.If such mobile home or mobile home lot is unoccupied,the Building Official or
specially commissioned officers shall first make a reasonable effort to locate the owner or other
persons having charge or control of the mobile home or premises and request entry.If such entry
is refused,the Building Official or specially commissioned officers shall have recourse to every
remedy provided by law to secure entry.
Section 4.That Section 18-6 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec.18-6.Mobile home park management
(g)Clothes Lines.No person shall create,cause to be created,enforce or seek to enforce any
provision contained in any restrictive covenant which has the effect of prohibiting the installation
or use of clothes lines in mobile home parks.
(h)Cooling Devices.No person shall create,cause to be created,enforce or seek to enforce
any provision contained in any restrictive covenant which has the effect of prohibiting the
installation or use of window unit air conditioners or evaporative coolers in mobile home parks.
Section 5.That Section 18-7 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec.18-7.Park utilities and fire protection.
(c)Transparency in water use,billing,and leak mitigation efforts.Based on utility rebilling
information obtained from the Fort Collins Utilities’water utility.a specially commissioned officer
designated by the Community Development and Neighborhood Services Director may notify a
mobile home park of any billing discrepancies and may provide thirty (30)days for the mobile
home park to correct any overcharge or billing discrepancy.Any overcharge must be credited to
the resident in the next billing cycle.
As a condition of water utility service from Fort Collins Utilities,every mobile home park
shall provide the designated specially commissioned officer with or authorize such Officer to
obtain any notice,correspondence or invoice from the water utility that documents the total volume
of water consumed by the mobile home park during the previous billing period,the cost billed by
the water utility to the mobile home park during the previous billing period and any notice of
potential leak in the water supply within the mobile home park.
(1)Mobile home parks shall disclose such notices,correspondence,or invoices from
the water utility to the designated specially commissioned officer within fourteen (14)days
of the date of the notices,correspondence,or invoices,or seven (7)days after receipt,
whichever is earlier.When the mobile home park customer does not directly provide such
information within this timeline,the water utility shall be authorized to share such
information with the designated specially commissioned officer.
(2)Mobile home parks and the water utility may redact sensitive personal identifying
information and financial institution account information from such notices,
correspondence,or invoices prior to disclosure to the designated specially commissioned
officer.
(3)As a condition of mobile home park service,mobile home parks that are water
customers of Fort Collins Utilities are required to participate in any available continuous
consumption water usage/leak notification system through Fort Collins Utilities.
(4)Fort Collins Utilities may provide the designated specially commissioned officer all
notices,correspondence or invoices provided to a mobile home park upon request,subject
to redaction under above Subsection (c)(2).
(5)The designated specially commissioned officer may notify the mobile home park
of any billing discrepancies and may provide thirty (30)days for the mobile home park to
correct any overcharge or billing discrepancy.Any overcharge must be credited to the
resident in the next billing cycle.
Section 6.That Section 26-97 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.26-97.Water service lines;general regulations.
(d)Mobile Home Park Service.Specific rules regarding mobile home park rebilling for water
services are set forth in Section 18-7(c).
Introduced,considered favorably on first reading and ordered published this 5th day of
December,2023,and to be presented for final passage on the 19th day of Deceiwber,2023.
AflEST:
City Clerk
Passed and adopted on final
ATTEST:
City Clerk