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HomeMy WebLinkAbout156 - 11/04/1997 - AMENDING CITY CODE REGARDING THE REMOVAL PROCEDURE FOR RUBBISH ORDINANCE NO. 156, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 20-44 OF THE CODE OF THE CITY REGARDING THE REMOVAL PROCEDURE FOR RUBBISH WHEREAS, the Council of the City of Fort Collins has become increasingly concerned regarding the placements and/or abandonment of rubbish on property within the City, including, without limitation, the placement of overstuffed furniture in front yards; and WHEREAS,the Council has determined that the removal procedure for rubbish which has been declared to be a nuisance should be amended to provide the opportunity for a hearing before the items that have been removed from the property under Section 20-44 can be destroyed or otherwise disposed of. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 20-44(a) and (b) of the Code of the City be 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 and/or grasses are not cut or eradicated (as applicable), and/or the offending brush pile, refuse and/or rubbish are not 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. With respect to rubbish only,the notice shall also state that if said owner desires a hearing before the City Manager to contest the declaration of nuisance and/or the removal, such owner shall request such hearing within five (5) days of mailing of the notice and shall further state that if a request for such hearing is made, the city will remove the rubbish in accordance with subparagraph (b) below and will store the material pending the holding of the hearing and the determination therefrom. The notice shall further state that if no request for such hearing is timely filed, the city will remove the rubbish in accordance with subparagraph(b)below and shall destroy or otherwise dispose of the rubbish. (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, and (with respect to rubbish only)if the owner has not requested a hearing before the City Manager to contest the declaration of nuisance and/or the removal as provided in subparagraph (a), the removal may be done by the city, either by city personnel or by private contractors, as the City Manager shall determine. In the event of such removal by the City,the cost, including inspection, removal of obstructions, if any, the cost of any grading or sloping necessary to protect the public safety, 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. With respect to rubbish only, if the owner has requested a hearing pursuant to the provisions of subsection (a), removal of the rubbish may be accomplished as provided in this subparagraph (b) provided, further, that such material removed shall be stored by the City until such time as the City Manager(or any lawfully authorized designee of the City Manager) holds the hearing and determines,based upon the evidence presented by the owner and the staff of the city, whether the nuisance should have been declared and the rubbish removed. If the City Manager determines that the declaration of nuisance and removal is proper, then the rubbish shall be destroyed or otherwise disposed of by the city, and the additional costs of storage shall be assessed together with all other costs, as provided above. If the City Manager determines that the declaration of nuisance and removal was improper, then the material shall be returned to the owner, and no costs shall be assessed. Introduced, considered favorably on first reading, and red publishe is 2 'st day of October, A.D. 1997, and to be presented for final passage o e Way of Ili emb , A.D. 1997. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of November, A.D. 1997. Mayor ATTEST: City Clerk