HomeMy WebLinkAbout052 - 04/16/2002 - AMENDING CHAPTER 20 OF THE CITY CODE RELATING TO ASSESSMENT REMOVAL COSTS ORDINANCE NO. 052, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 20 OF THE CITY CODE RELATING
TO ASSESSMENT OF REMOVAL COSTS
WHEREAS,Section 20-44(b)of the Code provides for an administrative cost factor of 20%
while subsection (a) thereof provides for an administrative cost factor of 50%; and
WHEREAS,the Council has determined that both subparagraphs should uniformly provide
for an administrative cost factor of 50%.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 20-44(b) of the City Code be amended to read as follows:
(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 fifty (50)
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 and considered favorably on first reading and ordered published this 2nd day of
April, A.D. 2002, and to be presented for final passage on the 16th day of April, A.D. 2002.
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Mayor
�F
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of April, A.D. 2002.
Mayor
ATTEST:
City Clerk