HomeMy WebLinkAbout088 - 08/19/2008 - AMENDING CHAPTER 20 OF THE CITY CODE BY ADDING REGULATIONS PERTAINING SPECIFICALLY TO DIRT YARDS AND ORDINANCE NO. 088, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF FORT COLLINS
BY ADDING REGULATIONS PERTAINING SPECIFICALLY TO DIRT
YARDS AND DILAPIDATED FENCES
WHEREAS, the City Council has observed a growing problem in the City regarding the
quality and appearance of neighborhoods due to the presence of physically neglected properties;and
WHEREAS, the neglect of individual properties can accelerate the deterioration of entire
neighborhoods; and
WHEREAS, in particular, City staff has received various complaints from neighbors and
other citizens regarding the unsightliness and hazards of dilapidated fences and dirt yards in
residential neighborhoods,and such conditions present a disorderly and unappealing appearance to
the neighborhood; and
WHEREAS,the City Council has determined that such conditions constitute a general public
nuisance and should be prohibited under the nuisance provisions contained in Chapter 20 of the City
Code; and
WHEREAS, the City Council has therefore determined that it is in the best interest of the
health, safety and welfare of the City that the Code of the City be amended to establish minimum
requirements for exterior property maintenance as it relates to private property which is visible from
any public street or sidewalk; and
WHEREAS,while the imposition of such requirements may result in increased maintenance
costs for property owners in the City, Fort Collins is a city that cares for all its residents and has
many strong volunteer programs that provide valuable assistance to citizens in need,which programs
can assist low income residents in complying with such regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 20 of the Code of the City is hereby amended by the addition of a new
Article III which reads in its entirety as follows:
ARTICLE III.
EXTERIOR PROPERTY MAINTENANCE
Sec. 20-30. Nuisance declared and prohibited.
No owner or occupant of any real property within the City shall permit the
maintenance or existence on such property of dirt yards or dilapidated fences or walls
as said conditions are more particularly addressed and regulated by the provisions of
this Article and such conditions are hereby declared to be a nuisance and a menace
to the public welfare. This declaration of nuisance and prohibition shall apply only
to locations that are visible from a public street or sidewalk. For the purposes of this
Section and Section 20-31, the term "yard" shall mean the open space between
buildings and property lines at the front,rear and sides of any property containing one
or more buildings which, if newly constructed, would require a certificate of
occupancy under the Code.
Sec. 20-31. Yard maintenance.
No less than eighty (80) percent of any yard area, excluding sidewalks and
driveways, shall be covered with grass, ground cover plants or other landscaping
material, such as mulch, decorative gravel, stone or paving bricks. Ground cover
consisting of crushed rock,gravel,or similar materials shall be one quarter(1/4)inch
or larger in size and shall be maintained at a depth that is sufficient to cover all
exposed areas of dirt.
See. 20-32. Fence and wall maintenance.
All fences and walls shall be structurally sound and maintained in good repair so
that there are no broken, loose, damaged, removed or missing parts (i.e., pickets,
slats, posts, wood rails, bricks, panels). Repair of fences and walls shall be made
with materials that are comparable in composition, color, size, shape, design and
quality to those originally used to construct the fence or wall being repaired. Nothing
herein shall be construed to prohibit or restrict the replacement of a fence or wall.
Sec. 20-33. Abatement.
The owner of any private property on which a nuisance condition occurs is
responsible for abating the nuisance. The owner's failure or refusal to abate a
nuisance is a civil infraction.A separate offense shall be deemed committed on each
day that a violation occurs or continues.The payment of any penalty does not relieve
the offender from compliance with the requirements of this Article.
Sec. 20-34. Violations and penalties.
Any person who violates any provision of this Article commits a civil infraction
and is subject to the penalty provisions of§1-15(f).
Introduced,considered favorably on first reading,and ordered published this 15th day of July,
A.D. 2008, and to be presented for final passage on the 19th d ugust, A.D. 2008.
Mayor
ATTEST:
.-AL
City Clerk
Passed and adopted on final reading on the 19th day o u st, A.D�20,08.
Mayo
ATTIE-ST::
City Clerk