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HomeMy WebLinkAbout142 - 01/15/1991 - AMENDING CITY CODE RELATING TO SIDEWALKS ORDINANCE NO. 142, 1990 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 24, ARTICLE II OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO SIDEWALKS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 24-21 of the Code of the City of Fort Collins is hereby amended by the deletion of subparagraph (c) and by amending subparagraphs (a) and (b) , to read as follows: Sec. 24-21. Removal of snow and ice required. (a) The owners or occupants of property abutting upon or adjacent to sidewalks within the city shall at all times keep the sidewalks abutting upon or adjacent to the lot or lots owned or occupied by them free and clear of snow and ice. If any such owners or occupants shall fail to remove the snow and ice from the sidewalks abutting upon or adjacent to their property within twenty- four (24) hours after the accumulation of snow and ice, then the City Manager may at once have the hazard corrected by removal of snow and ice from the sidewalk or by the application of abrasive material , and the cost, including 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 sidewalks and the owners, 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. Section 2. That a new Section 24-22 is hereby added, which shall read as follows: Sec. 24-22. 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. 2 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 ATTEST: City Clerk Passed and adopted on final reading this 15th day of January, A.D. 1991 . c mayor ATTEST: City Clerk 3