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HomeMy WebLinkAbout141 - 01/15/1991 - AMENDING CITY CODE RELATING TO WEEDS, BRUSH AND RUBBISH ORDINANCE NO. 141, 1990 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO WEEDS, BRUSH AND RUBBISH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1 . That Section 20-44, General notice of removal published, " of the Code of the City of Fort Collins is hereby repealed, with Section 20-45 renumbered accordingly. Section 2. That Section 20-44 (previously Section 20-45) of the Code of the City of Fort Collins, subparagraphs (a) and (b) , is hereby amended to read as follows: Sec. 20-44. Removal procedure; assessment of removal costs. (a) The City Manager is authorized and directed to give notice to any owner whose property, open area, ditch or right-of-way is being kept or maintained in violation of the provisions of this Article or Article II of Chapter 12 regarding rubbish and refuse. Such notice shall be deposited in the United States Mail , addressed to the owner of record at the address on the assessment roll of the Larimer County Assessor or may be served upon such person personally. The notice shall state that if the offending weeds, grasses, brush, refuse and/or rubbish are not cut and removed from such property,open area, ditch or right-of-way on or before five (5) days from the date of such notice, it will be done by the city and the cost, including the cost of inspection, the cost of any grading or sloping necessary to protect the public safety and other incidental costs in connection therewith and an amount not to exceed twenty (20) percent of the costs for carrying charges and costs of administration will be charged against the property, open area, ditch or right-of-way. (b) If the property, open area, ditch or right-of-way has not been brought into compliance with this Article within five (5) days from the date of the notice, it may be done by the city, either by city personnel or by private contractors, as the City Manager shall determine, and the cost, including inspection, costs of removal of obstructions, if any, the cost of any grading or sloping necessary to protect the public safety and other incidental costs in connection therewith and an amount not to exceed twenty (20) percent of the costs for carrying charges and administration shall be assessed against the offending property, open area, ditch or right- of-way and the owner thereof, pursuant to the applicable provisions of Chapter 22 pertaining to public improvement assessments. Section 3. That a new Section 20-45 of the Code of the City of Fort Collins is hereby added, to read as follows: Sec. 20-45. Administrative review of assessment. (a) Any owner who disputes the amount of such assessment made against such owner's property may, within thirty (30) days of receipt of notice of such assessment, petition the Director of Utility Services for a revision or modification of such assessment. (b) Such petitions shall be in writing, delivered to the City Clerk, and the facts and figures submitted shall be submitted under oath either in writing or orally at a hearing scheduled by the Director of Utility Services. Unless the petition specifically requests a hearing, the Director of Utility Services shall make his/her determination based upon the facts submitted in writing with the petition and the facts presented by the city staff. The hearing, if any, shall take place in the city and notice thereof and the proceedings shall otherwise be in accordance with the rules and regulations issued by the Director of Utility Services. The petitioner shall have the burden of proving that a revision or modification is necessary in order to preserve substantial justice. (c) Within thirty (30) days after the filing of the petition, the Director of Utility Services shall make findings of fact based upon all relevant information and shall make a decision based upon such findings and, if appropriate, modify such assessment accordingly. Such decision shall be considered a final order of Director of Utility Services. (d) Every decision of the Director of Utility Services shall be in writing, and notice thereof shall be mailed to or served upon the petitioner within a fourteen (14) days from the date of such decision. Service by certified mail , return receipt requested, shall be conclusive evidence of service for the purpose of this Article. Section 4. That a new Article VI, to be titled "Snow Obstructions, " is hereby added, to read as follows: ARTICLE VI. SNOW OBSTRUCTIONS Sec. 20-100. Nuisance declared and prohibited. The placement, moving or transporting of snow by any person from privately owned property that is not used for residential purposes onto any street or right-of-way (as that term is defined in § 20- 61 of this Chapter) is hereby declared to constitute a nuisance as a snow obstruction, and a hazard to the public health and safety. No person shall place, move or transport, or cause any other person to place, move or transport, snow from privately owned property that is not used for residential purposes onto any street or right-of- way (as that term is defined in Section 20-61 of this Chapter. ) 2 Sec. 20-101. Removal by city. (a) The City Manager may, upon the discovery of any such placement,- moving or transporting of snow onto a street or right- of-way, immediately have the hazard corrected by removal of such snow from such street or right-of-way, and the cost of such removal , including the cost of inspection and other incidental costs in connection therewith, and an amount not to exceed twenty (20) percent of the costs for carrying charges and costs of administration, shall be assessed against the property abutting upon or adjacent to the snow obstruction, pursuant to the applicable provisions of Article III of Chapter 22 pertaining to assessments. (b) Such assessment shall constitute an automatic, perpetual lien in the several amounts assessed against each property from the date the assessment became due until paid. Such liens shall have priority over all other liens except general taxes and prior special assessments. In case any such assessment is not paid within thirty (30) days after it has been certified to the Financial Officer by the City Manager and billed by the Financial Officer to the owner by deposit in the United States Mail , addressed to the owner of record at the address as shown on the assessment roll of the Larimer County Assessor, the Financial Officer shall be authorized to certify to the county Treasurer the list of delinquent assessments, giving the name of the owner of record, the number of the lot and block and the amount of assessment plus a ten (10) percent penalty. The certification shall be the same in substance and in the same form as required for the certification of taxes. The county Treasurer, upon the receipt of such certified list, is hereby authorized to place the same upon the delinquent tax list for the current year and to collect the special assessment in the same manner as taxes are collected with such charges as may by law be made by the Treasurer. All the laws of the state for the assessment and collection of the general taxes, including the laws for the sale of property for unpaid taxes, shall apply to and have full force and effect for the collection of all such assessments. Sec. 20-102. Administrative review of assessment. (a) Any owner who disputes the amount of such assessment made against such owner's property may, within thirty (30) days of receipt of notice of such assessment, petition the Director of Utility Services for a revision or modification of such assessment. (b) Such petitions shall be in writing, delivered to the City Clerk, and the facts and figures submitted shall be submitted under oath either in writing or orally at a hearing scheduled by the Director of Utility Services. Unless the petition specifically requests a hearing, the Director of Utility Services shall make his/her determination based upon the facts submitted in writing with the petition and the facts presented by the city staff. The 3 hearing, if any, shall take place in the city and notice thereof and the proceedings shall otherwise be in accordance with the rules and regulations issued by the Director of Utility Services. The petitioner shall have the burden of proving that a revision or modification is necessary in order to preserve substantial justice. (c) Within thirty (30) days after the filing of the petition, the Director of Utility Services shall make findings of fact based upon all relevant information and shall make a decision based upon such findings and, if appropriate, modify such assessment accordingly. Such decision shall be considered a final order of Director of Utility Services. (d) Every decision of the Director of Utility Services shall be in writing, and notice thereof shall be mailed to or served upon the petitioner within a fourteen (14) days from the date of such decision. Service by certified mail , return receipt requested, shall be conclusive evidence of service for the purpose of this Article. Introduced, considered favorably on first reading, and ordered published this 18th day of December, A.D. 1990, and to be presented for final passage on the 15th day of January, A.D. 1991 . Mayor V AT��ST: . City Clerk Passed and adopted on final reading this 15th day of January, A.D. 1991 . C� M yor ATTEST: ((�� �� �1QnA#la� - City Clerk 4