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HomeMy WebLinkAbout125 - 11/15/2005 - AMENDING THE CITY CODE RELATING TO COURT REFEREES ORDINANCE NO. 125, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS RELATING TO COURT REFEREES WHEREAS, staff has recommended that certain Code provisions relating to occupancy be decriminalized; and WHEREAS,the Municipal Court currently utilizes a court referee for parking violations;and WHEREAS, the City Council believes that it is in the best interests of the City and its citizens to provide a procedure for utilizing a referee to adjudicate civil infractions other than parking infractions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Code is hereby amended as follows: Section 1. That Section 19-36 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-36. Creation;jurisdiction; qualifications. (a) The Municipal Judge is authorized and empowered to appoint one (1) or more referees to hear certain municipal ordinance violations relating to parking or municipal code violations designated as civil infractions as the Municipal Judge may from time to time designate as being bearable in the first instance by the referee.Such alleged violations may include any offense which may now or in the future be included in the schedule of payable fines established by the Municipal Judge pursuant to law except any offense which might result in the assessment of points by the state Department of Revenue against the violator's driving license or privilege. (b) The referee shall be an attorney admitted to practice law in the state and a resident of the city. Section 2. That Section 19-37 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-37. Defendant's right to hearing before Judge. Prior to conducting a hearing, the referee shall inform the defendant that he/she has the right to a trial before the Municipal Judge.If such request is made,the referee shall terminate the hearing and refer the matter to the Municipal Court for trial. Section 3. That Section 19-39 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-38.Procedures for hearings before referee. (a) The referee is authorized to adopt rules and procedures governing conduct of hearings in accordance with the provisions of this Article. The presiding Judge shall approve all such rules and procedures prior to their adoption by the referee. (b) Hearings held before the referee shall be informal, but shall in all other respects be conducted in the manner provided for the hearing of cases by the Municipal Court.The referee may consider statements and evidence presented by the parties at the time of the hearing.The referee is empowered to administer oaths,take testimony and obtain the issuance of subpoenas through the Clerk of the Municipal Court to compel the presence of prospective witnesses and the production of documentary evidence and other tangible objects at any hearing.The defendant shall also have the right to the issuance of a subpoena by making application to the Clerk of the Municipal Court. Section 4. That Section 19-39 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-39. Order of the referee. (a) At the completion of any hearing held under the provisions of this Article, the referee shall enter an order either: (1) Excusing or dismissing a citation if the referee finds that the violation has not been sustained by the evidence presented; or (2) Making a finding of guilt or responsibility, based upon either a plea of guilty entered or an admission of responsibility tendered, failure of the defendant to appear for the hearing, or the evidence presented at the hearing ; and assessing a penalty against the defendantwithin the schedule of fines published by the Municipal Judge which was in effect at the time of the violation; and entering any orders or assessing any costs and/or fees that may be permitted pursuant to § 1-15; or (3) Referring the case to the Municipal Court for hearing before the Municipal Judge where the referee determines, in the exercise of the referee's discretion, that the facts of the particular case or the issues raised therein require such a hearing.Statements made by the defendant during the course of the hearing before the referee shall not be introduced against the 2 defendant at any subsequent proceeding before the court, nor may the referee hearing the case be called as a witness against the defendants. (b) If a defendant fails to answer a citation or notice to appear before a referee, a default judgment will enter in the amount of the civil penalty plus all costs, expenses and damages. In the event a defendant fails to pay a civil fine, costs, damages and expenses within thirty(30)days after the payment is due or fails to pay a default judgment, the city may pursue any legal means for collection and, in addition, may obtain a lien against the property that is the subject of the violation if the Code violation is designated as a nuisance in Chapter 20, is a violation of the Rental Housing Code or is a violation of Land Use Code Section 3.8.16 and was committed by an owner of the property as defined in Land Use Code Section 5.1.2. Section 5. That Section 19-40 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-40. Record of proceedings and hearings. A written record of all proceedings shall be maintained by the referee.The record shall contain the name of the alleged violator, the date of the appearance before the referee, the complaint number,the date,place and type of violation and any order of the referee. All hearings and evidence presented at the hearing shall be recorded verbatim, by either electronic devices or stenographic means. Section 6. That Section 19-41 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-41. Authorization to reduce or waive penalties. (a) For parking violations, the referee may assess a penalty less than the payable fine prescribed in the schedule of fines published by the Municipal Judge or may suspend such fine in any case where, in the sound exercise of the referee's discretion, based upon evidence obtained during the course of the hearing, such action would be in the best interests of justice. (b) For all other civil infractions, the referee shall assess a penalty within the range of fines established by ordinance or in the schedule of fines published by the Municipal JudgeIn addition, the referee may impose any other orders that may be authorized under Section 1-15(f). 3 Section 7. That Section 19-42 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-42. Appeal of decisions. (a) Any defendant affected by an order or action of the referee, under the authority of this Article,may appeal a referee's final order or action to the Municipal Court by filing a written notice of appeal for such hearing with the Clerk of the Municipal Court within ten (10) days after the entry of the order or action and depositing with the Municipal Court a fee for preparing the record, or portions thereof designated.Upon the filing of the notice of appeal,no stay of execution of the referee's order or action shall be granted until the appellant has deposited with the Municipal Court, a cash bond in the amount of any fines and costs imposed by the referee. (b) If for any reason an adequate record cannot be certified to the Municipal Court, the case shall be tried de novo by the Municipal Judge. No action on appeal shall result in an increased penalty. (c) If a notice of appeal is not filed within ten (10) days of the order or action or the order or action is not vacated by the Municipal Judge upon the motion of the Municipal Judge within such period, the order or action of the referee shall be final. (d) In no event shall the referee testify on appeal regarding any action previously before the referee, except concerning actions in the nature of contempt, including failure to appear. (e) Appeals shall be in accordance with Rule 37 of the Colorado Rules of Criminal Procedure. 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. Mayo ` ATT EST: City Clerk 4 Passed and adopted on final reading this 15th day of ovember, A.D. 2005. Mayor AT TEST: City Clerk 5