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HomeMy WebLinkAbout127 - 11/15/2005 - AMENDING CHAPTER 20, ARTICLE VIII OF THE CITY CODE RELATING TO ABATEMENT OF PUBLIC NUISANCES ORDINANCE NO. 127, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 20, ARTICLE VIII OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ABATEMENT OF PUBLIC NUISANCES WHEREAS, the City Code presently contains various provisions enacted under the police power of the City which are intended to maintain order and promote the health, safety and welfare of the residents of the City; and WHEREAS, many such provisions are directed towards the conduct of persons on private property, and are intended to ensure that neither the conduct of such persons, nor the physical condition of such properties,constitutes a nuisance to other residents in the vicinity of the properties or passers-by on the public rights-of-way; and WHEREAS, the Public Nuisance Ordinance (PNO) has proven to be an effective tool in reducing repeat nuisance violations at specific properties; and WHEREAS, the proposed amendments will improve current processes, allow for the inclusion of civil nuisance violations to count as "separate violations" in addition to criminal violations and allow code enforcement to utilize any address known to the city in determining where to send notice of violations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definitions of "Notice of violation" and "Separate violations" as contained in Section 20-111 of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 20-111. Definitions. Notice of violation shall mean a written notice advising the owner(s), property manager(s), if any, and tenant(s) or occupant(s) of a parcel that the parcel, such persons and other affected persons may be subject to proceedings under this Article if the remaining number of separate violations needed to declare the parcel a public nuisance under this Article occur in or on the parcel within the required period of time. Such written notice shall be deemed sufficient if sent by certified mail to the parcel, addressed to the owner(s)by name and to "all tenants and/or occupants" and to the owner(s) and property manager(s), if any, at any different address as shown in the records of the city, including utility, licensing or permit records or as shown in the records of the Latimer County Assessor or of the county Clerk and Recorder. Each notice of violation shall be limited to one (1) separate violation. Separate violation(s) shall mean any act or omission that constitutes a violation of the Code if the act or omission occurs under any of the following circumstances: (1) the conduct of the persons committing the violation was such as to annoy or disturb the peace of the residents in the vicinity of the parcel or of passersby on the public streets,sidewalks and rights-of-way in the vicinity of the parcel; or (2) the violation constitutes a public nuisance under any section of this Chapter 20 or this Code; or (3) the condition of the parcel upon which the violation occurred was, at the time of the violation, injurious or harmful to the health, safety or welfare of the occupants, neighbors thereof, or citizens of the city. An ongoing and uninterrupted violation shall be deemed to have been committed only on the last day during which all the necessary elements of the violation existed and multiple violations committed within any twenty-four-hour period of time on or in the same parcel shall be considered a single separate violation, irrespective of whether the violations are otherwise related to each other by some underlying unity of purpose or scheme. Section 2. That Section 20-113 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-113. In general. (c) Except as provided below, a public nuisance shall mean the condition or use of any parcel within the city limits, on or in which three (3) or more separate violations have occurred within a twelve-month period or five (5) or more separate violations have occurred within a twenty-four-month period,if within thirty(30)days of each such separate violation needed to prove a public nuisance under this Article, the city has sent by certified mail to the owners,property manager(s) and tenants or occupants of the parcel,a notice of violation; provided however, that if an owner or property manager of a parcel has filed an eviction action in a court of competent jurisdiction after receiving notice of a second violation seeking to evict from the parcel those persons whom the owner reasonably believes have been responsible for the most recent previous separate violation(s) on the parcel, then the last separate violationmust have occurred no less than forty-five(45)days after the date of mailing of the last notice of violation. Section 3. That Section 20-115 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-115. Posting of notice of commencement of public nuisance actions. (a) Posting of notice. (1) Upon service of the verified complaint or complaint by affidavit referred to below, the Nuisance Abatement Officer shall post a notice at some prominent place on the parcel.The posted notice shall state that the parcel has been identified as the location of an alleged public nuisance and that a civil action under this Article has been filed. (2) Agents of the city are authorized to enter upon the parcel for the purpose of posting these notices and to affix the notice in any reasonable manner to buildings and structures. Section 4. That Section 20-121 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-121. Stipulated alternative remedies. (a) The city and any party-defendant to an action under this Article may voluntarily stipulate to orders and remedies, temporary or permanent, that are different from those provided in this Article. (b) The Public Hearing Officer may accept such stipulations for alternative remedies and may order compliance therewith only when the responding parties admit to the existence of a public nuisance upon the parcel. (c) The Court may accept such stipulations for alternative remedies and make such stipulations an order of the Court, enforceable as an order of the Court. Section 5. That Section 20-123 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-123. Limitation of actions. Actions under this Article shall be filed no later than one(1)year after the public nuisance or the last in a series of acts constituting the public nuisance occurs. This limitation shall not be construed to limit the introduction of evidence of separate violations that occurred more than one(1)year before the filing of the complaint for the purpose of establishing the existence of a public nuisance or when relevant to show a pattern of conduct or for any other purpose. Introduced and considered favorably on first reading and ordered published this 18th day of October,A.D. 2005, and to be presented for final passage on the 15th day of November, A.D. 2005. May ATTEST: City Clerk Passed and adopted on final reading this 15th day of November, A.D. 2005. Mayor ATTEST: — 4�LUL A City Clerk p