Loading...
HomeMy WebLinkAbout184 - 11/18/1986 - AMENDING THE CITY CODE RELATING TO NUISANCES ORDINANCE NO. 184, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 79 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO NUISANCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 79-6 of the Code is hereby amended by adding, revising, and deleting the following definitions: §79-6. Definitions. 'As used in this Article, the following terms shall have the meanings indicated: BACKYARD WILDLIFE HABITAT CERTIFICATION -- Certification by the Division of Natural Resources, under its backyard wildlife habitat program, recognizing a yard as having the necessary components to sustain the desired wildlife species. BRUSH -- A growth of bushes and trees, or an accumulation of cuttings from dead or dying portions of trees and bushes, capable of concealing filthy deposits, rubbish, refuse or debris. CITY MANAGER - The City Manager or the designated representative of said Manager. DITCH -- Any channel , either man-made or natural , to carry water for drainage or irrigation , including its access and/or maintenance easements on either side. OPEN AREA -- Real property zoned as open space or designated transition, or any other undeveloped real property, in single, common or joint ownership. OWNER -- The owner or record, whether person, firm •or corporation, any agent or representative of the record owner, and any person or persons entitled to possession of the premises. PROPERTY -- Includes in addition to the owner's lot or tract of land, whether improved or vacant, the area to the center of an alley abutting the lot or tract of land, if any, all easements of record, and the sidewalk, curb, gutter and parking area of any street abutting such lot or tract of land. REFUSE -- Solid and liquid wastes, except hazardous wastes, whether putrescible or non-putrescible , combustible or noncombustible, organic or inorganic, including by way of illustration and not limitation, wastes and materials commonly known as trash, garbage, debris, or litter, animal carcasses, offal or manure, paper, ashes, cardboard, cans, yard clippings, glass, rags, discarded clothes or wearing apparel of any kind, or Aohm. .� L any other discarded object not exceeding three feet in length, width or breadth. RUBBISH -- Non-prutrescible solid wastes of a large size, including by way of illustration and not limitation, large brush wood, large cardboard boxes or parts thereof, large or heavy yard trimmings, discarded fence posts, crates, vehicle tires, junked or abandoned motor vehicle bodies or parts thereof, scrap metal , bedsprings, water heaters, discarded furniture, and all other household goods or items, demolition materials, used lumber and other discarded or stored objects three feet or more in length, width, or breadth. WEED -- An unsightly, troublesome or injurious herbaceous plant, including but not limited to: bindweed (Convolvolus arvensis) , horsenettle (Solanum elaeagnifolium) , Johnsongrass (Sorghum halepense), Russian knapweed (Centaurea repens) , silverleaf povertyweed (Franseria discolor) , woolyleaf povertyweed (Franseria tomentosa) , perennial sow thistle (Sonchus arvensis) , leafy spurge (Euphorbia esula) , St. Johnswort (Hypericum perforatum) , Canada thistle (Cirsium arvense), whitetop (Cardaria draba) , hairy whitetop (Cardaria pubescens) , curly dock (Rumex crispus) , fanweed (Thlapsi arvense), purpleflower groundcherry (Physalis lobata) , mustards (Brassica spp. ) , blue lettuce (Lactuca pulchella) , wild oat (Avena fatua) , buckhorn plantain (Plantago lanceolata) , mouse-ear povertyweed (Iva axillaris) , puncturevine (Tribulus terrestris), quackgrass (Agropyron repens) , yellow toadflax (Linaria vulgaris) , Dalmatian toadflax (Linaria dalmatica) , cocklebur (Xanthium italicum), perennial ragweed (Ambrosia psilostachya) , common ragweed (Ambrosia elatior) , sandbur (Cenchrus pauciflorus) , Russian thistle (Salsola kali) , fireweed (Kochia scoparia) , redroot pigweed (Amaranthus retroflexus) , black nightshade (Solanum nigrum) , buffalobur (Solanum rostratum) , common sunflower (Helianthus annus), showy milkweed (Asclepias speciosa) , marijuana (Canabis sativa), dandelion (Taraxacum officinalis), poison ivy (Rhus radicans) , all untended grasses and any other type of noxious weeds specified by the United States Department of Agriculture. Section Z. That Section 79-7 is hereby amended and renumbered as follows: §79-7. Nuisance declared. A. All weeds, brush, refuse, and rubbish on a property within the City are hereby declared to be a nuisance and a menace to the health and safety of the inhabitants of the city. B. It is unlawful for the owner of any property, except property defined as open area, to permit weeds and brush to grow to a height of more than six (6) inches. C. It is unlawful for the owner of any property defined as an open area to permit refuse or rubbish to accumulate, or to permit weeds and brush to grow to a height of more than twelve (12) inches within a distance of one hundred (100) feet from any dedicated street or developed properties, or to permit growth of weeds which are apt to be transported by winds and noxious weeds, regardless of height on any portion of the open area. D. It is unlawful for the owner of any ditch, ditch right-of-way or railroad right-of-way to allow the growth of weeds of brush upon such ditch or right-of-way in excess of twelve (12) inches in height or fail to remove any unlawful growth or accumulation of weeds, brush, refuse or rubbish therefrom. E. Variances. An owner of a tract of land which has been certified as a backyard wildlife habitat by the City may allow the following weeds to grow in his or her yard in a specified area: I . Common sunflower (Helianthus annus) ; 2. Dandelion (Taraxacum officienalis) ; 3. Mustards (Brassica spp. ) ; 4. Showy milkweed (asclepias speciosa) . The area in which such weeds are permitted to grow shall not exceed one hundred (100) square feet. An owner may also have in his or her yard, a brush pile not to exceed eight feet by eight feet by three feet (8 X 8 X 3 ) in size, if so permitted by the terms of the backyard wildlife habitat certification. F. When the City Manager deems it necessary in order to control the growth of weeds or brush, said Manager may cause to be published in a newspaper of general circulation in the city a notice requiring all owners to cut down, remove and destroy all unlawful weeds and brush by or upon a specified date which date shall not be less than five (5) days from the date of publication thereof. Said notice shall further provide that failure to comply therewith may result in the imposition upon the owner of civil and/or criminal liability in accordance with this Code. §79-8. Removal procedure; assessment of removal costs. A. The City Manager is hereby 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 Chapter 54 of the Code, or contrary to the terms of any publication made by the city pursuant to §79-7F, and such notice shall be deposited in the United States Mail , addressed to the owner of record at the address as shown on the tax rolls , and any agents , representatives or occupants as may be known, or may be served upon such person personally, and shall state that if the offending weeds, 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, the same will be done by the city, and the cost thereof, including the cost of inspection and other incidental costs in connection therewith and an amount not to exceed ten percent (10%) of the said costs for carrying charges and costs of administration, will be charged against the said 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 said notice, the same may be done by the city (either by city personnel or by private contractors, as the City Manager shall determine) and the cost thereof, including inspection, costs of removal of obstructions, if any, and other incidental costs in connection therewith and an amount not to exceed ten percent (10%) of the said costs for carrying charges and costs of 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 16 of this Code pertaining to assessments. C. Such assessment shall be a lien in the several amounts assessed against each property, open area , ditch or right-of-way, until paid, and 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 the same has been certified to the Finance Director by the City Manager and billed by the Finance Director to the owner by deposit in the United States Mail addressed to the owner of record at the address as shown on the tax rolls, and any agents, representatives or occupants as may be known, the Finance Director shall then be and is hereby authorized to certify to the Larimer County Treasurer the list of delinquent assessments, giving the name of the owner as appears of record, the number of the lot and block and the amount of the assessment plus a ten-percent penalty, said certification to be the same in substance and in the same form as required for the certification of other taxes; and the County Treasurer, upon receipt of such certified list, is hereby authorized to place the same upon the tax list for the current year and to collect the assessment in the same manner as general property taxes are collected, together with any charges thereon as may by law be made by the Treasurer; and all laws of the state for the assessment and collection of general taxes, including the laws for the sale of property for taxes and the redemption thereof, shall apply to and have full l force and effect for the collection of all such assessments. Notwithstanding the foregoing, if the offending property, open area, ditch or right-of-way is not subject to taxation, the Finance Director may elect alternative means to collect the amounts due pursuant to this article, including the commencement of an action at law or in equity and, after judgment, such remedies as are provided by law. Section 3. That the existing Section 79-8, "Stagnant water declared a nuisance", is hereby renumbered as §79-9. Section 4. That Section 79-9 as it exists prior to this ordinance is hereby repealed and reenacted as §79-10 as follows: §79-10. Air pollution nuisances prohibited. A. The emission or escape into the open air from any source or sources of smoke, ashes, dust, dirt, grime, acids, fumes, gases, vapors, odors, or any other substances or combination of substances in such manner or in such amounts as to endanger or tend to endanger the health, comfort, safety or welfare of the public, or to cause unreasonable injury or damage to property, or to interfere with the comfortable enjoyment of property or normal conduct of business is hereby found and declared to be a public nuisance. It is unlawful for any person to cause, permit, or maintain any such public nuisance within the city. B. Because of the offensive odor, burning of cottonwood (Populus deltoides) for heating or recreation in residences is declared to be a nuisance and is prohibited. Section 5. That Section 79-12(D) is hereby amended to read as follows: D. Such deposits of dirt, debris or other materials are hereby declared to constitute a nuisance and hazard to the public; and the City Manager may remove said deposits or materials and charge the general contractor, superintendent, owner of the property on which the work is being performed or other person responsible for the full cost of such removal . Until such charge has been fully paid , no such contractor, superintendent, owner or other responsible person shall be entitled to obtain further construction related permits or certificates from the city. Section 6. That should any section, paragraph, sentence, word or other portion of this Ordinance be declared invalid for any reason, such invalidity shall not affect any other portion of its provisions, and that the Council would have passed all other portions of this Ordinance and adopted all such other provisions, independent of the elimination herefrom of any such portion which may be declared invalid. 4' 1 Introduced, considered favorably on first reading, and ordered published in summary form this 4th day of November, A.D. 1986, and to be presented for final passage on the 18th day of November, A.D. 1986. OM Mayor ATTEST: City Clerk 1986.Passed and adopted on final reading this 18th day of November, A.D. Mayo ATTEST: IYVX-�- City Clerk