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HomeMy WebLinkAbout072 - 05/18/2004 - AMENDING THE CODE PERTAINING TO THE ABATEMENT OF PUBLIC NUISANCES ORDINANCE NO. 072, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE VIII OF CHAPTER 20 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE ABATEMENT OF PUBLIC NUISANCES WHEREAS, Article VIII, Section 20 of the City Code establishes a procedure for abating public nuisances; and WHEREAS,the term"public nuisance"is defined in Section 20-111 of the Code as three or more separate Code violations within a twelve month period or five or more separate violations within a 24 month period if the conduct of persons permitting such violations was such as to annoy or disturb the peace of the residents in the vicinity of the parcel of property in question or other passersby on public rights-of-way; and WHEREAS, in order to afford property owners every opportunity to remedy such public nuisances without the need for court proceedings,the aforementioned definition of public nuisance also requires the City to send notices by certified mail to the owners and tenants or occupants of the properties in question before a public nuisance abatement action can be commenced under the procedures described in Code Section 20-115; and WHEREAS,the City Council is interested in strengthening the provisions of this Article so as to be able to proceed more expeditiously against the owners and occupants of properties who fail to take affirmative steps to remedy Code violations occurring on their property after receiving multiple notices from the City regarding such violations; and WHEREAS,toward that end,the City Council believes that it would be in the best interests of the City to allow the commencement of a public nuisance abatement action after the occurrence of a second separate violation unless the owner of such property can demonstrate,to the satisfaction of the City Manager,that he or she is taking reasonable steps to abate the nuisances referenced in the two violation notices received by the property owner. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 20-111 of the Code of the City of Fort Collins is hereby amended so as to delete the definition of"public nuisance" contained therein. Section 2. That Section 20-113 of the Code of the City of Fort Collins is hereby amended by the addition of the following new subparagraph (c) so as to read in its entirety 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, during each such violation,the conduct of the person(s)committing the violation was such as to annoy or disturb the peace of the residents in the vicinity of the parcel or of the passers-by on the public streets, sidewalks and rights-of-way in the vicinity of the parcel; provided, however, that: (1) within thirty(30)days of each such separate violation, except the final separate violation needed to prove a public nuisance under this Article,the city has sent by certified mail to the owner(s)and tenant(s)or occupant(s) of the parcel,a notice of violation;and(2)the last separate violation needed to prove a public nuisance under this Article occurred no less than forty-five (45) days after the date of mailing of the last notice of violation. Notwithstanding the foregoing,a public nuisance may also be considered to exist on a parcel if: (1)two(2)or more separate violations of the same section of the Code have occurred on the parcel within a six month period, (2) the nuisance abatement officer,in his or her discretion,has requested a hearing before the City Manager and has so notified the owner, occupant and property manager of such parcel (if known to the city), and (3) any owner, tenant and/or property manager appearing at such hearing has failed to demonstrate, to the satisfaction of the City Manager, that he or she has undertaken and proceeded with due diligence to use reasonable means to avoid a recurrence of similar violations on the parcel by the present or future tenants or occupants of the parcel, and the City Manager determines that a public nuisance exists on such parcel. In making this determination, the City Manager shall be guided by, but not limited to, the criteria contained in § 20-116(a)(1) and (2). The City Manager shall adopt administrative regulations establishing standards to be used by the nuisance abatement officer in determining whether to request such a hearing, as well as procedures for scheduling and conducting the same, which procedures shall afford the affected property owners, occupants, and/or property managers reasonable notice and an opportunity to be heard. The standards to be used by the nuisance abatement officer in determining whether to request a hearing shall include, but need not be limited to, the period of time between the separate violations, the owner or property manager's response to the first notice of violation, and any aggravating circumstances related to either violation. If the owner, tenant and property manager all fail to appear at such hearing, after reasonable notice, or if the City Manager determines,after such hearing,that a public nuisance exists on a parcel pursuant to the provisions of this paragraph, the city may commence a public nuisance action under§20-115 on the basis of the two(2)separate violations and no additional separate violations. Nothing herein shall be construed to relieve the city of the obligation to send, by certified mail, notices of the two (2) violations as required above. 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. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of May, A.D. 2004. X ayor ATTEST: City Clerk