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HomeMy WebLinkAbout074 - 05/18/2004 - AMENDING THE CITY CODE PERTAINING TO WEEDS, BRUSH PILES AND RUBBISH ORDINANCE NO. 074, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE III OF CHAPTER 20 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO WEEDS, BRUSH PILES AND RUBBISH WHEREAS, Section 20-44 of the City Code provides procedures for abatement of public nuisances and assessment of costs for such abatement; and WHEREAS, up-to-date addresses for property owners and occupants is necessary to adequately provide notice of abatement to property owners; and WHEREAS,this amendment allows the City to utilize any database available to the City in addition to the Latimer County Assessor's rolls; and WHEREAS, the Ordinance as currently written restricts the City from recovering 100% of the administrative costs of abatement; and WHEREAS, the City Council agrees that in order to better enforce the provisions of this Section of the Code, the recommended amendments should be made by Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 20-44 of the Code of the City of Fort Collins 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.Such notice may be personally served upon such person or,if not personally served,shall be deposited in the United States mail, addressed to the owner of record at the address on the assessment roll of the Latimer County Assessor or at such other,more recent address as may be available to the city. 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 one hundred(100)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 one hundred (100) 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. (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 assessment liens. If 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 tax rolls or such other, more recent address as may be available to the city, and any agents,representatives or occupants as may be known, the Financial Officer is hereby authorized to certify to the county Treasurer the list of delinquent assessments, giving the name of the owner as it appears of record, the number of the lot and block and the amount of the assessment plus a ten-percent penalty. The certification is to be the same in substance and in form as required for the certification of other taxes. The county Treasurer upon receipt of such certified list is hereby authorized to place it 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 as may by law be made by the county 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 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 Financial Officer 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, pursue such remedies as are provided by law. Introduced and considered favorably on first reading and ordered published this 4th day of May, A.D. 2004, and to be presented for final passage on the 18th day of May, A.D. 2004. May r ATTEST: City Clerk Passed and adopted on final reading this 18th day of May, A.D. 2004. Mayor ATTEST: City Clerk