HomeMy WebLinkAbout030 - 04/17/2012 - AMENDING CHAPTERS 2 THROUGH 27 OF THE CITY CODE TO UPDATE TERMINOLOGY AND TITLES USED IN VARIOUS COD ORDINANCE NO. 030, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 2 THROUGH 27 OF THE CODE OF THE
CITY OF FORT COLLINS TO UPDATE TERMINOLOGY AND TITLES
USED IN VARIOUS CODE PROVISIONS
AND TO ELIMINATE OUTDATED REFERENCES
WHEREAS, over the years,portions of the City Code have not kept pace with the changing
City organizational titles and department names; and
WHEREAS,changes in the titles of individuals who have responsibilities outlined in the City
Code,as well as various department names have changed,but those changes have not been reflected
in the City Code; and
WHEREAS, staff recommends that the City Code be amended to reflect the appropriate
updated titles and departments; and
WHEREAS, staff further recommends that outdated and obsolete references in Chapters 2
through 27 of the City Code be amended so as to correct and update the terminology used where
appropriate; and
WHEREAS,City Council agrees that all such amendments are in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 2-31(a)(1)a. of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-31. Executive sessions.
a. Matters involving the hiring, appointment, dismissal, demotion,promotion,
assignment and discipline of City personnel, and the review and discussion of the
performance and proposed compensation and benefits of the City Manager, City
Attorney and Municipal Judge.
Section 2. That Section 2-103(3) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-103. Functions.
(3) To advise and make recommendations to the Director of Community
Services and the City Council as to rules, regulations, guidelines, policy,
administrative and budgetary matters pertaining to the art in public places
program.
Section 3. That Section 2-138(c) of the Code of the City.of Fort Collins is hereby
amended to read as follows:
Sec. 2-138. Membership; terms; training; subcommittees.
(c) Those persons appointed to the Board shall attend and complete such
training as may be developed by the City Manager,upon consultation with the Chief
of Police.
Section 4. That Section 2-140(g) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-140. Review procedure.
(g) A complainant may file a written complaint at Police Services, the City
Manager's Office, or at a Board meeting. Upon receipt of a written complaint at a
location other than Police Services, the Board or receiving office shall forward the
complaint to Police Services as soon as reasonably practical. In the event that a
complainant is unable to complete any written complaint or request form,the Board,
a citizen liaison, the City Manager's Office or Police Services shall, upon the
complainant's verbal request, assist the complainant in reducing the complaint or
request to writing. However, all complaint or request forms must be signed by the
complainant.
Section 5. That Section 2-238(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-238. Functions.
(1) To advise and make recommendations to the Director of Community
Services (the "Director") and the City Council as to rules, regulations,
policies, administrative and budgetary matters pertaining to the operation
and maintenance of all City-owned golf courses;
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Section 6. That Section 2-308(4) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-308. Functions.
(4) To be aware of and coordinate with the various Office of Sustainability
Services technical advisory committees;
Section 7. That Section 2-338 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 2-338. Functions.
The Board shall act as an advisory board and shall have the following functions:
(1) To advise and make recommendations to the Director of Community
Services and the City Council for their approval as to rules, regulations,
policies, administrative and budgetary matters pertaining to the
Department, excluding matters relating to the operation and maintenance
of City-owned golf courses and cemeteries;
(2) To assist the City in cooperating with the Poudre School District and other
organizations and individuals interested in the City's parks and recreation
programs.
Section 8. That Section 2-428 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 2-428. Functions; Bicycle Advisory Committee.
(a) The duties and functions of the Board shall be to advise the City Council
on matters pertaining to the City's transportation policies and system, including but
not limited to transportation planning, alternative modes planning (including
bikeways,pedestrian facilities, transit, air transportation and van- and car-pooling),
capital improvement projects, downtown parking management and other
transportation issues as identified in the Board work plan. Additionally, the Board,
shall review the City's interaction with federal,state and county government,as well
as North Front Range Transportation and Air Quality Planning Council, Colorado
State University and Poudre School District on transportation-related issues.
(b) The Board shall also establish and keep in place a committee to be known
as the "Bicycle Advisory Committee," the purpose of which shall be to advise the
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Board with regard to bicycling-related issues.Said Committee shall consist of sixteen
(16)members, one(1)of whom shall be a member of the Board, and fifteen (15) of
whom shall be appointed by the City Manager. The City Manager appointees shall
consist of three (3) "at large" members of the community plus one (1) member of
each of the following City boards and commissions and other civic organizations:
Air Quality Advisory Board
Parks and Recreation Board
Natural Resources Advisory Board
Land Conservation and Stewardship Board
Senior Advisory Board
Economic Advisory Commission
Downtown Development Authority
Bike Fort Collins
Fort Collins Bike Co-op
Poudre School District
Colorado State University
University Connections
In addition to the foregoing sixteen (16) voting members, the Committee shall also
include four(4)nonvoting members,with one(1)such member each representing the
City's Traffic Operations Department, Engineering Department, Transportation
Planning Division, and Police Services. The Bicycle Advisory Committee may
establish bylaws, rules and regulations for its own organization and procedures in
accordance with the City's policies for boards and commissions, and all voting
members of the Committee shall be governed by said policies. Each member of the
Bicycle Advisory Committee shall serve for a term of two (2) years.
Section 9. That Section 3-81(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 3-81. Report of disturbances.
(b) Each licensee and permit holder shall post and keep at all times visible to
the public in a conspicuous place on the premises, a sign with a minimum height of
fourteen (14) inches and a minimum width of eleven (11) inches with each letter to
be a minimum of one-half(%z) inch in height, which shall read as follows:
"WARNING: Fort Collins Police Services must be notified of all disorderly
acts, conduct or disturbances and all unlawful activities which occur on or
within the premises of this licensed establishment."
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Section 10. That Section 4-73(a)and(e)of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 4-73. Limitation on possession and feeding of wild or exotic animals.
(a) No person shall own, feed or possess any animal for which a state license
is required unless such.person possesses the appropriate license from the Colorado
Division of Parks and Wildlife.
(e) No person shall be subject to prosecution under Paragraph 4-73(b)(9)above
unless, within one(1) year immediately preceding the date of the alleged violation,
such person has been issued a written warning stating that the feeding of wild geese
or ducks at the same approximate location of the alleged offense has been determined
by the Natural Areas Department to constitute a public health and safety concern and
that such feeding is prohibited by the provisions of said Paragraph.
Section 11. That Section 4-117(b)(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 4-117. Sale of chickens and ducklings; quantity restricted; keeping of
chickens.
(2) Any person keeping chicken hens pursuant to this provision must first have
been issued a permit by the Humane Society and have received such
information or training pertaining to the keeping of chicken hens as said
agency deems appropriate;
Section 12. That Section 4-120 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-120. Trapping restricted.
(a) No person shall use,set,place,maintain or tend any trap in the City,except
that live traps may be set for the purpose of: (1)trapping animals which are at large
in violation of this Chapter, so long as any animals trapped are turned over to the
Humane Society as soon as possible upon discovery, or (2) trapping wild animals
including but not limited to skunks, squirrels, raccoons and prairie dogs, provided
that any animals trapped are released or disposed of in the manner required by the
Humane Society and the Colorado Division of Parks and Wildlife. Any traps found
in violation of this Subsection shall be confiscated and destroyed by an animal
control officer or peace officer.
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(c) In the event that the presence of a wild or domestic animal within the City
creates an imminent threat of injury to persons or serious damage to property, the
Chief of Police,after consultation with the Humane Society and,in the case of a wild
animal,the Colorado Division of Parks and Wildlife,may authorize the capture and
disposition of said animal by such means as he or she may consider reasonably
necessary; provided, however, that no firearm may be utilized in the capture or
disposition of such animal except by a peace officer trained in the use of the same
under such circumstances as will not, in the judgment of said peace officer,
unreasonably endanger the safety of others.
Section 13. That Section 4-157 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-157. Killing or capturing wild birds restricted.
It shall be unlawful for any person at any time in the City to shoot at,wound,kill,
capture, ensnare, net, trap or in any other manner molest or injure any wild bird or
in any manner molest or injure the nest, eggs or young of any such bird. The Chief
of Police shall have authority to grant or deny a permit for the killing, capturing or
molestation of nuisance birds with the consent or approval of the Colorado Division
of Parks and Wildlife when it is shown that the birds are,or may become,a nuisance
or health hazard in any particular location in the City.The permit shall be granted or
denied within five (5) working days of the date the request is made.
Section 14. That Section 5-1 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-1. Solar notification service.
(a) Upon issuance of a building permit for a solar energy system, the solar
owner may register for a solar notification service with the Department of
Community Development and Neighborhood Services. Solar owners who have been
issued building permits for solar energy systems prior to the enactment of this service
may also register for the service.
(b) If the issuance ofa building permit allows construction which would extend
into the solar protection area described for a registered solar energy system, the
Building Official may place a hold of not more than ten (10) working days on the
issuance of the permit. If any such hold is imposed, the Director may immediately
notify the builder and the affected solar owner of the reasons.
(c) The builder and the solar owner shall have ten (10) working days to
voluntarily negotiate a solar access agreement.
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(d) Failure of the Building Official to perform any of the services herein
provided shall not affect the validity of issuing a building permit by the Building
Official.
(e) Following the ten-day negotiating period or upon sooner resolution by the
parties,the Building Official shall issue the building permit if all other requirements
of this Code have been met.
Section 15. That Section 5-28 of the Code of the City of Fort Collins is hereby amended
to read as follows:
See. 5-28. Definitions.
The following words,terms and phrases, when used in Article II of this Chapter
and in any code adopted by reference therein, shall have the meanings ascribed to
them in this Section:
Whenever the word municipality,jurisdiction or city is used, it shall mean the
City of Fort Collins.
Whenever the term Building Official, Building-Code Official or Code Official is
used, the term shall be synonymous with Director ofCommunity Development and
Neighborhood Services or authorized representative.
Section 16. That Section 5-47(4), 104.1 General,of the Code of the City of Fort Collins
is hereby amended to read as follows:
(4) Sections 104.1, 104.2, 104.3 and 104.4 are hereby amended to read as
follows:
"104.1 General. The Building Official or such other official as may be
appointed by the City Manager shall serve as the executive code official
responsible for supervising the administration,compliance and enforcement
of this Article.In the performance of said duties,such official may delegate
authority to the appropriate technical, administrative and compliance staff
under the supervision of said official as he or she deems necessary. The
code official is hereby authorized to, and shall, enforce the provisions of
this code.
Section 17. That Section 5-47(17), Rental Dwelling Unit,of the Code of the City of Fort
Collins is hereby amended to read as follows:
(17) Section 202 is amended by the addition of thirty-three(33)new definitions
to the list of terms therein in alphabetical sequence of such list to read as
follows:
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"RENTAL DWELLING UNIT. One (1) or more rooms occupied or
intended to be occupied as a unit exclusively for residential purposes that
is leased, rented or sublet for compensation (including money or services
or the sharing of expenses)and that is located in an extra occupancy rental
house or a single-family, two-family or multi-family dwelling.
Section 18. That Section 5-83 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-83. Use of approved materials; electrical'signs.
Where the use of approved materials, equipment or devices is required by the
National Electrical Code, adopted in § 5-80, the label of or listing by the
Underwriters'Laboratories,Inc.,will be accepted as an approval.Alternate materials
may be approved by the Building Official. All electrical signs shall be approved
before any permit for the installation or erection of such sign is granted.
Section 19. That Section 5-108 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-108. Definitions.
The following words,terms and phrases, when used in this Article and the code
adopted in § 5-106, shall have the meanings ascribed to them in this Section:
Whenever the word municipality,jurisdiction or City is used it shall mean the
City of Fort Collins.
Whenever the term Building Official is used it shall be synonymous with Director
of Community Development and Neighborhood Services or authorized
representative.
Section 20. That Section 5-141 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 5-141. Duties of Building Official.
The Building Official shall maintain public office hours necessary to efficiently
administer the provisions of this Article and the code adopted hereby and shall
perform the following duties:
Section 21. That Section 5-264(a)and(b)of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec.5-264. Certificate required for occupancy of dwelling units contained in
single-family or two-family dwellings in excess of limit;
conditions; revocation or suspension.
(a) No dwelling unit contained in a single-family or two-family dwelling shall
be occupied by more persons than the number of persons permitted under Section
3.8.16 of the Land Use Code unless a certificate of occupancy for an extra-occupancy
rental house has been issued for such dwelling by the Building Official.
(b) Terms and conditions imposed upon a certificate of occupancy as an extra
occupancy rental house may include,but are not limited to,compliance with all state
laws, City ordinances, rules and regulations, and court or administrative orders.
Section 22. That Section 7.5-19 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 7.5-19. Imposition, computation and collection of fees.
Payment of the fees imposed under the provisions of this Article shall be required
as a condition of approval of all development in the City for which a building permit
is required. The amount of such fees has been calculated using current levels of
service and the data and methodologies described in Capital Improvement Expansion
Cost Study,dated May 21, 1996,as amended;the City's Street Oversi_ing Impact Fee
Study, dated July 15, 1997,and Street Oversizing Impact Fee Study Update, dated
November 28,2000,as amended;and The ITE Trip Generation Manual, 6th Edition,
1997, published by the Institute of Traffic Engineers, as amended. The fees due for
such development shall be payable by the feepayer to the Building Official prior to
or at the time of issuance of the first building permit for the property to be developed,
except to the extent that an agreement deferring all or any portion of such payment
has been executed by the City providing for a different time of payment approved by
the City Council by resolution. If,during the period of any such deferral,the amount
of the deferred fee is increased by ordinance of the City Council,the fee rate in effect
at the time of payment shall apply. If the building permit for which a fee has been
paid has expired,and an application for a new building permit is thereafter filed, any
amount previously paid for a capital improvement expansion fee and not refunded
by the City shall be credited against any additional amount due under the provisions
of this Article at the time of application for the new building permit.
Section 23. That Section 7.5-48 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 7.5-48. Land dedication or in-lieu fees imposed.
(a) The owner or developer of every land development project in the City
("applicant")must file with the Building Official of the City,prior to the issuance of
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a building permit for any residential structure in such project, proof that the
appropriate land reservation for future dedication has been made to the school
district,or that the applicant has paid an in-lieu fee,in accordance with the provisions
of this Article.
(b) Prior to or at the time that any proposed land development project is
submitted to the City for review, the superintendent of the school district, or his or
her designee, shall meet with the applicant for the purpose of determining whether
the school district desires the reservation of any land for future dedication as a school
site within the land development project. Any such dedication or in-lieu fee
requirement shall be consistent with school district planning standards established
by the school district. Said standards shall reflect, without limitation:
Any reservation of sites or land areas required under the provisions of this Article
shall occur in the following fashion. At or before the time of final approval of any
land development project by the City, the sites or land areas to be dedicated to the
school district shall be reserved by designation on the plat submitted to the City for
approval in connection with the land development project. On or before the date that
the first building permit for the project.is issued by the City, such reserved site or
land area shall be dedicated to the school district. In the event that the school district
determines, in its sole discretion, that the dedication of a reserved site is necessary
prior to the issuance of any building permit for the project within which such site is
located, the school district shall so notify the person(s) shown by the records of the
County Assessor as being the then current owner(s)of such site. Said notice shall be
sent by certified mail, return receipt requested, and a copy of said notice shall be
provided to the City's Director of Community Development and Neighborhood
Services. Within sixty(60) days of the mailing of said notice, the reserved property
that is the subject of the mailing shall be dedicated to the school district by the
owner(s) thereof.
(d) In the event that the dedication of sites or land areas for school site purposes
within a particular land development project is not deemed feasible or in the best
interests of the school district as determined by the superintendent, or his or her
designee, the school district shall so notify the City's Director of Community
Development and Neighborhood Services in writing, and the City shall require the
applicant to pay the in-lieu fees as provided in this Article.The amount of the in-lieu
fees to be paid under the provisions of this Article shall be established by agreement
with the school district and shall be equal to the full market value of the sites or land
areas within a land development project that could be required to be reserved for
future dedication for school site purposes under Subsection (b) above. Said fair
market value shall be determined on the basis of the average value of developed sites
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for residential uses in the City as approved for development by the City, with curb,
gutter, streets and utilities to the site, according to City engineering standards.
Section 24. That Section 7.5-71(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-71. Collection of neighborhood parkland fee.
(a) Hereafter,payment of a neighborhood parkland fee in accordance with this
Section shall be required as a condition of approval of all residential development for
which a building permit is required, as those terms are defined in § 7.5-17 of this
Code. The fees due for such development shall be payable by the feepayer to the
Building Official prior to or at the time of issuance of the first building permit for the
property to be developed,unless an agreement has been executed by the City which
provides for a different time of payment.All such payments shall be deposited by the
Financial Officer in the fund created in § 8-80. Only one(1) fee shall be charged for
any dwelling unit. No additional fee for acquisition and development of
neighborhood parks shall be charged for the same dwelling unit. If the building
permit for which a fee has been paid has expired, and an application for a new
building permit is thereafter filed,any amount previously paid for a capital expansion
fee and not refunded by the City shall be credited against any additional amount due
under the provisions of this Article at,the time of application for the new building
permit.
Section 25. That the definition of"Building permit' contained in Section 7.5-81 of the
Code of the City of Fort Collins is hereby amended to read as follows:
Building permit shall mean any development permit issued by theDepartment of
Community Development and Neighborhood Services before any building or
construction activity is initiated on a parcel of land.Building permit does not include
any permits for demolition, grading or the construction of a foundation.
Section 26. That Section 9-3 of the Code of the City of Fort Collins is hereby amended
to read as follows:
See. 9-3. Appeals.
Whenever the Fire Marshal shall disapprove any application made pursuant to the
International Fire Code, as amended, or refuse to grant a permit applied for
thereunder or when it is claimed that the provisions of the fire code do not apply or
that the true intent and meaning of the fire code have been misconstrued or wrongly
interpreted or when any person requests a variance from the literal terms of the fire
code,the applicant or person affected may appeal the decision of the Fire Marshal to
the Fire Board of Appeals established pursuant to the International Fire Code. Such
Board shall have the power to vary or modify any requirement made by the Fire
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Marshal thereunder,provided that an appeal to the Board is made within thirty(30)
days of the date of the action complained of. Final decisions of the Board are subject
to the right of appeal to the City Council as contained in§ 2-47,et seq.,of this Code,
except that the Fire Marshal shall be included as a party-in-interest with standing to
appeal a decision which, in his or her judgment, adversely affects public safety.
Section 27. That Section 9-4 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 9-4. Violations and penalties.
Any person who shall violate any of the provisions of the International Fire Code,
as amended, or who shall fail to comply with any of the provisions or who shall
violate or fail to comply with any orders made thereunder or who shall act in any way
in violation of any permits issued thereunder shall, severally and for each and every
violation in noncompliance respectively, be guilty of a misdemeanor punishable by
the penalty set forth in§ 1-15 of this Code.The imposition of one(1)penalty for any
violation shall not excuse the violation or permit it to continue, and all persons shall
be required to correct or remedy the violations or defects within a reasonable time,
and when not otherwise specified, each ten(10) days that prohibited conditions are
maintained shall constitute a separate offense. The application of any penalty
pursuant hereto shall not be held to prevent the forced removal of prohibited
conditions nor the suspension or removal of a permit or license issued thereunder.
Section 28. That Chapter 10 of the Code of the City of Fort Collins is hereby amended by
changing all references from "General Manager"to "Utilities Executive Director".
Section 29. That Section 10-30 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 10-30. Takings determinations.
Any person who claims that his or her property has been taken by reason of the
application of any provision of this Article may apply to the Utilities Executive
Director for a Takings Determination using the procedural and substantive
requirements and criteria set forth in Division 2.13 of the City's Land Use Code,
provided that, for the purpose of this Section, any reference therein to the Director
of Community Development and Neighborhood Services shall be deemed to
constitute a reference to the Utilities Executive Director and any reference to the
Land Use Code therein shall be deemed to-constitute a reference to this Article. Said
Takings Determination Procedures shall be exhausted before the institution of any
judicial proceeding against the City claiming a taking of affected property.
Section 30. That Section 12-65 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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Sec. 12-65. Inspection of books and records.
The owner of each establishment operating as an enclosed public place shall keep
a complete set of books of account,invoices,copies of orders, shipping instructions,
bills of lading, correspondence and all other records necessary to show fully the
business transactions of such establishment, all of which records shall be available
at all times during business hours for inspection and examination by the Director of
Community Development and Neighborhood Services or his or her authorized
representatives for use in determining the applicability of the provisions of this
Article to such establishment. The Director of Community Development and
Neighborhood Services may require the owner of any such establishment to furnish
such information as he or she considers necessary for such a determination,and may
require that the owner of such establishment cause an audit to be made of such books
of account and records on such occasions as he or she may consider necessary.
Section 31. That Section 12-68 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 12-68. Public education.
The Director of Community Development and Neighborhood Services shall
engage in a continuing program to explain and clarify the purposes and requirements
of this Article to citizens affected by it,and to guide owners,operators and managers
in their compliance with it. Such program may include publication of a brochure for
affected businesses and individuals explaining the provisions of this Article.
Section 32. That the definition of"Radon information" contained in Section 12-110 of
the Code of the City of Fort Collins is hereby amended to read as follows:
Radon information shall mean that information produced and disseminated by
the Office of Sustainability Services for provision by sellers to buyers prior to
execution of a contract.
Section 33. That Section 14-24 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 14-24. Interim control.
No building permit shall be issued by the Department of Community
Development and Neighborhood Services for alteration, construction,relocation or
demolition of a site,structure or object under consideration for landmark designation
or any site, structure or object within a district under consideration for landmark
district designation from the date of the hearing of the Commission at which the
Commission approves a motion directing staff to investigate the benefits to the City
of landmark designation until final disposition of the designation by the City Council
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unless such alteration, construction, relocation or demolition is authorized by
resolution of the City Council as necessary for public health,welfare or safety. In no
event shall the delay in issuance of a building permit due to the provisions of this
Section be for more than one hundred eighty(180) days.
Section 34. That Section 15-18 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 15-18. Alarm committee.
The City administration is authorized to form an alarm committee composed of
representatives of Fire Services, Police Services, the Department of Community
Development and Neighborhood Services and licensed alarm businesses,answering
services and telephone company representatives which shall act as an advisory body
to the City Council to assist in determining policy concerning alarms.All such alarm
systems shall be subject to all rules, regulations, fees and requirements set forth in
this Article,except the provisions of this Article are not applicable to audible alarms
affixed to motor vehicles or trailers,other than mobile homes,or to devices designed
or used to register audible or visible alarms on the interior only of protected
buildings, structures or areas.
Section 35. That Section 15-31(d)(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-31. Required.
(d) Certificate of compliance for alarm systems:
(1) No person shall use an alarm or alarm system, as defined in this Article,
unless the alarm or alarm system has been inspected by the Building
Official and a certificate of compliance for the alarm system has been
issued.
Section 36. That Section 15-32 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 15-32. Issuance of permits and licenses.
The issuing and approving authority for any license or permit issued hereunder
shall be the Department of Community Development and Neighborhood Services.
Section 37. That Section 15-33 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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Sec. 15-33. Permit and license application.
Applications for all permits and licenses required in this Article shall be filed
with the Department of Community Development and Neighborhood Services and
shall be accompanied by the requisite fees. The fees are established and shall cover
the following costs:
Section 38. That Section 15-35 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 15-35. Certificate of compliance for alarm systems.
A certificate of compliance for alarm systems shall be issued upon approval of
the Building Official. Such approval shall signify compliance with the standards and
regulations adopted and requirements set forth in §§ 15-56-15-71. Said certificate
shall be issued to the person using or possessing the alarm system. Alarm businesses
shall procure and process applications for their subscribers. The subscribers shall
forward the completed application to the alarm business servicing the system. The
permit fee shall be collected from the subscriber by the alarm business and
transmitted forthwith to the Finance Department together with the application.
Section 39. That Section 15-56 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 15-56. Promulgation of standards and regulations.
Any alarm system installed within the City and all devices and agencies acting
under this Article shall conform to the requirements of the standards adopted in this
Division.The Building Official shall inspect and approve all alarm systems installed
within the City and shall issue a permit authorizing such systems under this Article.
Any system which does not meet the requirements of this Article shall not be
approved and shall not be put in service until any deficiencies have been corrected
and such correction approved by the Building Official.
Section 40. That Section 15-60(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-60. Performance standards.
(c) If any alarm system is deemed unreliable pursuant to this Article, Fire
Services or Police Services may declare the system unreliable and restrict or curtail
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the response of the office to the alarm system until such time as the subscriber or
alarm business can show a material change in employee training, can show written
proof that the system has been repaired, can show written proof that the system has
been reinspected by the Building Official and can show proof of issuance of a new
certificate of compliance for the alarm system.
Section 41. That Section 15-71(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-71. Certain standards adopted.
(2) At least one(1) copy of each standard herein adopted shall be kept on file
in the office of the City Clerk,available for public inspection. One(1)copy
of each such standard shall be kept in the office of the Building Official.
One(1) copy shall be kept in the office of the Fire Marshal. One(1) copy
shall be kept in the office of the Police Chief.
Section 42. That Section 15-172(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-172. License and registration required; suspension; revocation.
(a) No person shall engage in the business of contracting for the installation of
electrical work in the City without registering as an electrical contractor with the
Department of Community Development and Neighborhood Services. In order to
register as required herein, the person must perform the following:
Section 43. That Section 15-294(a)(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-294. Conditions of license for certain shows.
(a) The license for any circus,menagerie or carnival shall be issued subject to
the following additional requirements:
(1) A representative of Fire Services and/or the Department of Community
Development and Neighborhood Services shall make an inspection of the
area and the equipment in order to determine that adequate fire lanes are
provided, that adequate fire hydrants or other means of extinguishing fires
are available,that electrical connections are made in a safe manner and that
electrical equipment appears to be in good working order.
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Section 44. That Section 15-306(a) and (b) of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 15-306. General provisions, licensing and registration.
(a) No person shall engage in the trade, business or calling of a plumber or
plumbing in the City until he or she shall register with the Department of Community
Development and Neighborhood Services as a plumber. For the purpose of this
Section, plumbing contractor means any person, firm, partnership, corporation,
association or combination thereof who undertakes or offers to undertake for another
the planning, laying out, supervising and installing or the making of additions,
alterations and repairs to potable water supply and distribution pipes and piping,
plumbing fixtures, drainage and vent pipes and building drains, including their
respective joints and connections, devices, receptacles and appurtenances. A
registered professional engineer who plans or designs plumbing installations shall not
be classified as a plumbing contractor.
(b) No person shall engage in the business of a plumbing contractor in the City
without registering as a plumbing contractor with the Department of Community
Development and Neighborhood Services. In order to register as a plumbing
contractor, the person desiring to engage in such business must do the following:
Section 45. That Section 15-385(a)(4) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-385. Review and approval.
(4) The recommendations of the Planning Development and Transportation
Director and the Director of Community Services,insofar as the proposed
location may affect the operation of those service areas, based upon the
factors recited herein.
Section 46. That Section 17-182(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-182. Camping on private property restricted; exceptions.
(a) It is unlawful for any person to camp or to knowingly permit any person to
camp, as defined in § 17-181, on private property within the City, except on the
premises of a residential dwelling with the permission of the property owner. Any
such camping must be temporary in nature and must not exceed a period of seven(7)
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consecutive days or a total of fourteen (14) days in a calendar year; provided,
however, that an extension of these time limits may be granted by the Director of
Community Development and Neighborhood Services or his or her designee upon
written application of a person claiming extraordinary circumstances or undue
hardship. The Director's decision whether to grant an extension shall be based upon
all attendant circumstances, including, without limitation, any objections posed by
occupants of premises located on the same block face of the applicant. In no event
shall an extension exceed seven (7) additional consecutive days or fourteen (14)
additional days in a calendar year.
Section 47. That Section 18-3(b)(4) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 18-3. Construction permit required; application; fees; issuance;
appeals.
(4) Complete plans and specifications of the proposed park(conforming with
the requirements of this Chapter, the Land Use Code o, utility design
standards and street design standards as established by the City),including
the following specific information:
Section 48. That Section 18-11(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 18-11. Miscellaneous park requirements.
(c) Park Areas for Nonresidential Uses. No part of any park shall be used for
nonresidential purposes, except as otherwise permitted in the Land Use Code and
such uses that are required for the direct servicing and well-being of mobile home
park residents and for the management and maintenance of the mobile home park.
Section 49. That Section 18-12(b)(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 18-12. Mobile office units.
(1) The proposed office use and location conforms to the City Land Use Code.
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Section 50. That Section 19-36(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-36. Creation; jurisdiction; qualifications.
(c) A Referee appointed by the Municipal Judge to hear civil infractions shall
be appointed from a list of candidates chosen by a staff committee representing each
of the following: Neighborhood Services,the City Attorney's Office and the Human
Resources Department.
Section 51. That Section 19-48 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 19-48. Commencement of action.
An action under these rules is commenced by the tender or service of a charging
document upon a defendant, by mail or by conspicuously attaching a parking
assessment to the subject vehicle and by the filing of a charging document with the
Municipal Court or Parking Services.
Section 52. That Section 19-50(c)(3) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-50. First hearing.
(3) The consequences of the failure to appear at any subsequent hearing,
including entry of judgment against the defendant and reporting the
judgment to the State Department of Revenue, which may assess points
against the driving privilege and may cancel a driver's license or deny an
application for a driver's license;
Section 53. That Section 19-52(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-52. Subpoena.
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(b) A subpoena shall be issued within the City either by the Municipal Court
Clerk at the request of the defendant, prosecuting attorney or officer, or by counsel
who has entered an appearance in the case.
Section 54. That Section 19-55(d) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-55. Judgment after final hearing.
(d) The judgment shall be satisfied upon payment to the Municipal Court Clerk
of the total amount assessed as set forth above.
Section 55. That Section 19-58(d) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-58. Default.
(d) The defendant may satisfy a judgment entered under this rule by paying the
Municipal Court Clerk.
Section 56. That Section 19-65(a)(5) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-65. Commencement of action; citation procedure.
(5) The officer shall attempt to obtain the signature of the person to whom he
or she served the citation; however, if the citation is mailed or posted or if
the person fails or refuses to sign the citation, such failure or refusal shall
not affect the validity of the citation or any subsequent proceedings.
Section 57. That Section 19-66(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-66. Payment without appearance.
(a) The Neighborhood Services Manager or, in the case of a forestry code
violation, the City Forester, shall accept payment of the amount due for a civil
infraction from a defendant if such payment is made within ten (10) days following
service of the citation for the violation. Such payment shall be separately accounted
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for and deposited into the City's general fund in accordance with rules and procedures
of the Finance Department.
Section 58. That Section 19-67(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-67. Hearing procedures.
(a) If a defendant wishes to contest a citation, he or she, within ten (10) days
following service of the citation, shall file a written request with the Neighborhood
Services Manager for a hearing before the Referee.
Section 59. That Section 19-69(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-69. Judgment and procedures after hearing.
(c) The judgment shall be satisfied upon payment to Neighborhood Services
or City Forester, with respect to forestry code violations, in the total amount of
penalty, costs and fees assessed.
Section 60. That Section 20-2(a)of the Code of the Cityof Fort Collins is hereby amended
to read as follows:
Sec. 20-2. Abatement of unsanitary or dangerous premises.
(a) If either the City Manager, the City Engineer, the Building Official or the
Fire Marshal determines that any premises within the City are unsanitary, as
determined by the County Department of Health and Environment, or dangerous to
the life or property of persons or constitute a fire hazard, a written notice of such
condition shall be given by the City to the owner, agent or occupant of the property
ordering the premises to be put in proper condition within such period as is set out
in the notice and order. Such period shall not be less than twenty-four(24) hours.
Section 61. That Section 20-3 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-3. Abatement by City in cases of emergency.
Nothing herein shall be deemed to limit the power of the City Manager, City
Engineer, Building Official or Fire Marshal, in case of an emergency for the
preservation of the public health or safety, to summarily remedy, change, repair,
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abate or order the evacuation of any dangerous or unhealthy condition found to exist
without any notice to any person.
Section 62. That Section 20-5 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 20-5. Abatement of nuisances by persons other than City.
Any person ordered to clean, repair, change or make safe any property or abate
any nuisance may do so at such person's own expense, if suitable arrangements are
made with the City Engineer, Building Official or Fire Marshal, prior to the time
when the City shall start carrying out any order made under this Article.
Section 63. That the definitions of"Backyard wildlife habitat certification"and"Natural
area certification" contained in Section 20-41 of the Code of the City of Fort Collins are hereby
amended to read as follows:
Backyard wildlife habitat certification shall mean certification by the Natural
Areas Department under its backyard wildlife habitat program recognizing a yard as
having the necessary components to sustain the desired wildlife species.
Natural area certification shall mean certification by the Natural Areas
Department under its natural areas program recognizing a one-quarter-acre or larger
site as having the necessary components to be classified as a natural area.
Section 64. That Section 20-44 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec.20-44. Notice of violation;removal authority and procedure; assessment
lien on property.
(a) The Neighborhood Services Manager and any officer, as such is defined in
§ 19-66,are authorized and directed to give notice to any owner and occupant whose
property,open area,ditch or right-of-way is being kept or maintained in violation of
the provisions of this Article.Such notice maybe personally served upon such person
or, if not personally served, shall be deposited in the United States mail, addressed
to the occupant and owner of record at the address on the assessment roll of the
County Assessor or at such other, more recent address as may be available to the
City, or with respect to notice to occupants, at the address of the property so
occupied. The notice shall state that,if the property,open area,ditch or right-or-way
has not been brought into compliance with this Article on or before five (5) days
from the date of such notice, a civil citation will issue and the abatement of the
nuisance will be done by the City and any costs of abatement, 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 the costs for carrying charges
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and costs of administration will be charged against the property, open area, ditch or
right-of-way, in addition to any other penalty and costs or orders that may be
imposed. With respect to rubbish only, the notice shall also state that, if said owner
desires a hearing before the Referee to contest the declaration of nuisance and/or the
removal, such owner shall request such hearing in writing to the Neighborhood
Services Manager 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 Subsection (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 Subsection (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 if
the owner has not requested a hearing before the Referee to contest the declaration
of nuisance and/or the removal as provided in Subsection (a) above, the removal may
be done by the City, either by City personnel or by private contractors, as the
Neighborhood Services 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 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. 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 Subsection; provided, however, that such material
removed shall be stored by the City until such time as the Referee 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
Referee determines that the declaration of nuisance and removal are 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 Referee determines that the declaration of nuisance and removal were
improper, then the material shall be returned to the owner and no costs shall be
assessed. y
(d) Any cost assessment shall be a lien in the several amounts assessed against
each property, open area, ditch or right-of-way from the date the assessment became
due until paid and shall have priority over all other liens, except general taxes and
prior special assessment liens . Any such assessment shall be billed by the
Neighborhood Services Manager, or his or her designee, 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
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to any agents, representatives or occupants as may be known. If any such assessment
is not paid within thirty (30) days after it has been billed, the Financial Officer, or his
or her designee, is hereby authorized to thereafter certify to the County Treasurer the
list of delinquent assessments so billed, 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 shall be the same in substance and 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 unpaid 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 City 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.
Section 65 . That Section 20- 101 (b) and (c) of the Code of the City of Fort Collins is
hereby amended to read as follows :
Sec. 20401 . Removal by City; lien.
(b) If the property owner contests the declaration of nuisance and/or the
assessment of costs, he or she shall file a written request with the Neighborhood
Services Manager, within ten ( 10) days from the service of a notice of assessment,
a written request for a hearing before the Referee .
(c) Any cost assessment shall be a lien in the several amounts assessed against
each property from the date the assessment became due until paid and shall have
priority over all other liens, except general taxes and prior special assessment liens .
Any such assessment shall be billed by the Neighborhood Services Manager, or his
or her designee, 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 to any agents, representatives or
occupants as may be known. If any such assessment is not paid within thirty (30)
days after it has been billed, the Financial Officer, or his or her designee, is hereby
authorized to thereafter certify to the County Treasurer the list of delinquent
assessments so billed, 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 shall be the same in substance and 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
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for the-assessment and collection of general taxes, including the laws for the sale of
property for unpaid 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 is not subject to taxation, the City 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.
Section 66. That Section 20-102(b) and (c) of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 20-102. Removal of snow and ice from sidewalks required; lien.
(b) If the property owner contests the declaration of nuisance and/or the
assessment of costs, he or she shall file a written request for review with the
Neighborhood Services Manager, or a written request for a hearing before the
Referee, within ten (10) days from the service of a notice of assessment.
(c) Such assessment shall constitute an automatic,perpetual lien in the several
amounts assessed against each property from the date the assessment became due
until paid. Such liens shall have priority over all other liens except general taxes and
prior special assessments. In case any such assessment that has not been set for
hearing pursuant to Subsection (b) above is not paid within thirty(30) days after it
has been certified by the Neighborhood Services Manager and billed by the Financial
Officer or his or her designee 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 of the
County Assessor,or such other,more recent address as may be available to the City,
and any agents,representatives or occupants as maybe known,the Financial Officer
or his or her designee shall be authorized to certify to the County Treasurer the list
of delinquent assessments,giving the name of the owner of record,the number of the
lot and block and the amount of assessment plus a ten-percent penalty. The
certification shall be the same in substance and in the same form as required for the
certification of taxes. The County Treasurer, upon the receipt of such certified list,
is hereby authorized to place the same upon the delinquent tax list for the current year
and to collect the assessment in the same manner as taxes are collected with such
charges as may by law be made by the Treasurer, and all the laws of the State for the
assessment and collection of the general taxes, including the laws for the sale of
property for unpaid taxes, shall apply to and have full force and effect for the
collection of all such assessments. Notwithstanding the foregoing, if the offending
property is not subject to taxation,the City 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.
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Section 67. That Section 20-107(d) and (e) of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 20-107. Parking space obstructions.
(d) If the property owner contests the declaration of nuisance and/or the
assessment of costs of the City's abatement, he or she shall file a written request for
review with the Neighborhood Services Manager, or a written request for a hearing
before the Referee, within ten (1) days from the service of a notice of assessment.
(e) Any cost assessment imposed under this Section shall constitute an
automatic,perpetual lien in the several amounts assessed against each property from
the date the assessment became due until paid. Such liens shall have priority over all
other liens except general taxes and prior special assessments. In case any such
assessment that has not been set for hearing pursuant to Subsection(d) above is not
paid within thirty(30)days after it has been certified by the Neighborhood Services
Manager and billed by the Financial Officer or his or her designee 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 of the County Assessor, 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 or his or her designee shall be authorized to certify to
the County Treasurer the list of delinquent assessments,giving the name of the owner
of record, the number of the lot and block and the amount of assessment plus a ten-
percent penalty.The certification shall be the same in substance and in the same form
as required for the certification of taxes. The County Treasurer, upon the receipt of
such certified list,is hereby authorized to place the same upon the delinquent tax list
for the current year and to collect the assessment in the same manner as taxes are
collected with such charges as may by law be made by the treasurer, and all the laws
of the State for the assessment and collection of the general taxes,including the laws
for the sale of property for unpaid taxes, shall apply to and have full force and effect
for the collection of all such assessments. Notwithstanding the foregoing, if the
offending property is not subject to taxation,the City 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.
Section 68. That Section 20-114(e) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 20-114. Procedures in general.
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(e) Actions under this Article shall be filed by the City Attorney's Office.
Section 69. That Section 20-115(b) 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.
(b) An action under this Article shall be commenced by the filing of a verified
complaint or a complaint verified by an affidavit, which may be accompanied by a
motion for a temporary abatement order, through the City Attorney's Office. No
such action shall be commenced unless each of the separate violations asserted in
support of such action has resulted in the issuance of a summons and complaint
charging at least one (1) person responsible for such separate violation with the
commission of the same.
Section 70. That Section 21-87(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 21-87. Membership; term.
(a) The Committee shall consist of six(6)members.The Financial Officer shall
serve as a standing member of the Committee, and the remaining five(5)members
shall be appointed by the City Council. Of the appointed members,three(3)shall be
employees who are covered by the Retirement Plan.The fourth appointee shall either
be an employee who is covered by the Retirement Plan or an individual who is a
taxpaying elector of the City. The fifth appointee shall be a retired member of the
Plan who is receiving a monthly retirement benefit from the Plan.
Section 71. That Section 21-89 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 21-89. Minutes; annual report; work plan.
The Financial Officer shall take and .file minutes in accordance with the
requirements of § 2-73 of the Code. On or before January 31 of each year, the
Committee shall file a report with the City Clerk setting forth the activities of the
Committee for the previous year. On or before November 30 of each year, the
Committee shall file a work plan with the City Clerk for the following year.
Section 72. That Section 22-33 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 22-33. Designation of officers to supervise improvements.
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All local improvements shall be constructed under the general direction and
control of the City Manager and in the immediate charge, direction and supervision
of the Director of Planning, Development and Transportation and,if applicable,the
Utilities Executive Director or other officer designated for such purpose in
accordance with maps, plans and specifications adopted by the City Council. The
work of construction may be by independent contract or by the City as determined
by the City Council.
Section 73. That Section 22-35(a), (b), and(c) of the Code of the City of Fort Collins is
hereby amended to read as follows:
See. 22-35. Method of initiating improvements.
(a) A public work or improvement, the cost of which in whole or in part is to
be assessed by the City against the property specially benefitted,may be initiated by
the City Council on recommendation of the Director of Planning, Development and
Transportation or on petition of the property owners affected.
(b) In improvements to be initiated by the City Council,the City Council after
receiving a recommendation from the Director of Planning, Development and
Transportation shall adopt a resolution which shall state the need and the nature and
location of the improvements without mentioning minor details and shall describe the
area to be assessed for the improvements by boundaries or other brief description.
The resolution shall direct the Director of Planning,Development and Transportation
to prepare and present to the City Council the following:
(c) In improvements to be initiated by petition'of property owners,the petition
shall be on a form to be supplied by the City. The petition shall be subscribed by the
owners of at least one-third ('/s) of the frontage to be assessed for improvements to
streets including streetlighting and by the owners of at least one (1) percent of the
area of the property to be assessed for any other improvements. The City Council
may, by resolution, adopt policies to be used in the review of such petitions. Upon
receiving a petition, and after review of the same, the City Council may adopt a
resolution which shall state the nature and location of the improvements and describe
the area to be assessed for the improvements byboundaries or other brief description,
and direct the Director of Planning,Development and Transportation to prepare and
present to the City Council a report as in the case of City Council initiated
improvements. Thereafter, the procedures shall be the same as in the case of
improvement districts initiated by the City Council provided that the City Council
may at any time determine by resolution that the acquisition of the proposed
improvements is not feasible or desirable for reasons stated in the resolution. Any
such resolution shall terminate the proceedings.
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Section 74. That Section 22-36 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 22-36. Maximum cost of improvements.
The total cost of the improvements shall not exceed by more than ten(10)percent
the amount of the estimate of the Director of Planning, Development and
Transportation for the cost of the improvement, unless the City Council shall find
that the public interest requires the making or acquisition of the improvement or any
part at such higher cost. The foregoing limitation on maximum cost for
improvements shall not apply when all the owners of property to be assessed in a
district expressly waive the limitation in writing.
Section 75. That Section 22-39 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 22-39. Advertising for bids; letting of contracts.
All contracts for local improvements shall be let by the Purchasing Agent upon
the determination of the City Council after the passage of the original ordinance
forming the district. All contracts shall be let to the lowest responsible bidden as
determined in the sole discretion of the City Council. Contracts shall be let after
public advertisement for bids has been published twice in an official newspaper
published in the City.The advertisements for bids shall be published at least a week
apart. The date for opening of bids shall be not less than ten (10) days after the first
publication.In all advertisements,the City Council shall reserve the right to reject all
bids. Upon rejecting all bids or receiving no bids, the City Council may again
advertise without further ordinance or may order the work done by hiring labor and
arranging for purchasing necessary material under the supervision of the Director of
Community Planning and Environmental Services Planning, Development and
Transportation. Notwithstanding the foregoing, improvements may be installed by
the City utilizing City employees if the City Council so orders.
Section 76. That Section 22-42 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 22-42. Council may require utility connections.
Before constructing any permanent paving under the provisions of this Article,
the City Council may order the owners of abutting property to connect their several
premises with sewer, gas or water mains or with any other commodity in the street
in front of the several premises. Upon the default of the owners to make such
connections thirty(30)days after such order,the City Council may contract and make
said connections at such distance under such regulations and in accordance with
specifications as may be prescribed by the City Council, and the whole cost of said
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connections shall be assessed against the premises with which the connection is
made. Any number of said connections may be ordered in pursuance of the
regulations adopted as recommended by the Director of Community Planning and
Environmental Services Planning, Development and Transportation. The cost shall
be assessed and collected in the same manner as provided in this Article for
assessment and collection of the cost of other special improvements and shall be
included in the assessments made against the particular property in the district
proceedings.
Section 77. That Section 22-83(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 22-83. Payments from surplus and deficiency fund.
(b) Any portion of the costs of a district payable by the City at large because of
the limitation based on value of property as provided in § 22-90, costs of
improvements in excess of the estimate of the Director of Planning, Development
and Transportation as provided in § 22-36 or reductions in assessments made by the
City Council, if directed by the City Council, may be paid from the surplus and
deficiency fund. If any such portion is later recovered from the owners of property
in the district, the amount of such recovery shall be repaid into such surplus and
deficiency fund.
Section 78. That Section 22-111(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 22-111. Special assessment bonds and multi-year financial obligations
authorized.
(b) All such bonds shall be issued upon estimates of the Director of Planning,
Development and Transportation or, if applicable, the Utilities Executive Director,
approved by the City Council. The Financial Officer shall preserve a record of the
same in a suitable book kept for that purpose. All such bonds shall be subscribed by
the Mayor and countersigned by the Financial Officer,with the corporate seal affixed
and attested by the City Clerk. Facsimile signatures may be used.
Section 79. That Section 23-61(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 23-61. Permit required; application.
(a) Any person desiring to occupy any parking space on a public street in the
City in connection with the maintenance, erection, construction, remodeling or
demolition of any building or improvement on property abutting thereto shall make
written application to the Parking Services Manager for an obstruction permit on a
form prepared and provided by the City.
Section 80. That Section 23-62(7), (8) and (9) of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 26-62. Contents of application.
(7) a description of the proposed obstruction sufficient to fully inform the City
Manager of the character and physical attributes of the obstruction and the
Parking Services Manager to perform a complete and competent
examination of the application under the criteria contained in Subsection
23-83(a);
(8) evidence of the applicant's ability and willingness to provide liability
insurance insuring the City in a sum not-less than one million dollars
(S 1,000,000), proof of which insurance shall be provided to the City prior
to issuance of the permit,unless the requirement to provide such insurance
is waived by the Parking Services Manager;
(9) a statement that the applicant agrees to be responsible for barricading the
parking spaces in a manner acceptable to the Parking Services Manager;
Section 81. That Section 23-63 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 23-63. Fees and conditions.
(a) At the time of issuance of a permit hereunder, and at the time of any
renewal or modification of such permit,the applicant shall pay an application fee and
an additional fee per parking space per day to help defray the costs incurred by the
City in processing and administering the permit program, including, without
limitation, the cost of enforcement and the cost of inspection of the spaces that are
the subject of the application;provided,however,that the Parking Services Manager
may waive part or all of the fees for governmental agencies. The amount of said fees
shall be determined and established by the City Manager,pursuant to the provisions
of Article I of Chapter 7.5.
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(b) The Parking Services Manager may condition the issuance and use of an
obstruction permit on such requirements as are reasonably necessary to protect the
safety of persons and property and the use and control of vehicular and pedestrian
traffic, including limitations on time,place and allowed activities;payment of fees;
obtaining any additional permits from other departments or agencies as necessary;
and providing any fencing or barriers that the Parking Services Manager requires in
order to protect pedestrian and vehicular traffic from the obstruction and associated
dangers. If required, the permit holder shall build and maintain a good and
substantial, protected walkway around the obstruction. The permit holder shall
adequately light and mark the obstruction to protect pedestrian and vehicular traffic.
Section 82. That Section 23-64 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 23-64. Term of permit; renewal and revocation.
(a) A permit may be issued only for the period of time necessary to complete
the purpose for which the permit was issued.No permit issued under Subsection 23-
61(a) shall be issued for more than ninety (90) days; provided, however, that the
Parking Services Manager may renew any such permit for one(1)or more additional
ninety-day periods upon written application and payment of the applicable renewal
fee. The term of a permit issued under Subsection 23-61(b) shall be limited in
accordance with Paragraphs (2) and (3) thereof.
(b) Any permit issued under this Article may be denied or revoked by the
Parking Services Manager if the holder fails to obtain any other necessary permits,
fails to conduct the activity in compliance with the terms and conditions of the
permit, violates any of the provisions of this Article, state law, local ordinances or
the applicable rules and regulations of the City, or if the work allowed by the permit
unduly interferes with pedestrian or vehicular traffic or otherwise poses a threat to
the health and safety of the public.
Section 83. That Section 23-94(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-94. Investigation of application; permit fee; revocation.
(a) The application for a permit for a neighborhood entry shall be made to the
City Engineer.The City Engineer shall make or cause to be made an investigation of
the information contained in the application and prior to the issuance of a permit
shall determine that the applicant is a qualified neighborhood organization and that
the proposed neighborhood sign does not constitute a nuisance or destroy or impair
the use of the right-of-way or any City property by the public or constitute a traffic
hazard and complies with all standards and criteria of this Division. In investigating
whether the application for a neighborhood entry sign conforms to the standards and
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criteria of this Division,the City Engineer shall consult with the Traffic Engineer and
the Director of Community Development and Neighborhood Services.
Section 84. That the definitions of "Director" and "Service Area' contained in Section
23-192 of the Code of the City of Fort Collins are hereby amended to read as follows:
Director shall mean the Director of Community Services of the City.
Service Unit shall mean Community Services of the City.
Section 85. That Section 23-193(b),(c),(d)and(e)of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 23-193. Prohibited acts; permits.
(b) Unless a sign has been posted by the Service Unit that the particular natural
area or a portion thereof is open for such use, it shall be unlawful to:
(c) It shall be unlawful to engage in any activity within of upon a natural area
when a sign has been posted by the Service Unit that the particular area or a portion
of the area is closed for such use,based upon a determination by the Service Unit that
such prohibition is appropriate to protect the safety or well-being of persons or
animals; the natural area, related facilities or any other City property or facility; the
use and enjoyment of said areas or facilities by the general public; the needs and
objectives of the City in maintaining and operating the same; and/or the natural
environment in general.
(d) Except as authorized by a permit obtained for such use from the Service
Unit, it shall be unlawful to:
(1) Enter a natural area during the hours of 11:00 p.m. to 5:00 a.m., except:
a. As otherwise permitted by a sign posted by the Service Unit opening
or closing the particular area or a portion of the area for public use for
a specified time or during specified hours; or
(e) Research or public safety related training activities involving any of the
activities prohibited in this Article,including without limitation the training of search
and rescue dogs off-leash, may be authorized by the Service Unit by permit in
accordance with the procedures and standards set forth in § 23-194.
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Section 86. That Section 23-194(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-194. Natural areas permit process.
(a) Any person or organization seeking a permit for the purposes set forth in
this Article shall apply for a natural area permit by filing a verified application with
the Service Unit on a form supplied by the Service Unit, except that permit
applications for which a routine permit process has been established by the Director
under § 23-195 below shall be governed by and processed in accordance with the
routine permit process.A fully completed application must be filed with the Director
not less than seven(7)business days nor more than ninety(90)business days before
the date on which a permitted activity is to commence; provided, however, that the
Service Unit may accept and process an application that is filed after the filing
deadline if, in the judgment of the Director, there are sufficient time and sufficient
resources for the Service Unit to process and investigate the application and make
any preparations necessary for the activity.
Section 87. That the definitions of "Director" and "Service Area' contained in Section
23-202 of the Code of the City of Fort Collins are hereby amended to read as follows:
Director shall mean the Director of Community Services.
Service Unit shall mean Community Services.
Section 88. That Section 23-203(b),(c),(d)and(e)of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 23-203. Prohibited acts; permits.
(b) Unless a sign has been posted by the Service Unit that the particular
recreation area or a portion thereof is open for such use, it shall be unlawful to:
(c) No person shall engage in any conduct or activity within or upon a
recreation area when a sign has been posted by the Service Unit that such conduct or
activity is not allowed in the recreation area or a portion of the area, based on a
determination by the Service Unit that such prohibition is appropriate to protect the
safety or well-being of persons, or animals, or to protect or preserve the recreation
area and related facilities, or any other City property or facility, the use and
enjoyment of the same by the general public,or the needs and objectives of the City
in maintaining and operating the same.
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(d) Except as authorized by a permit obtained for such use from the Service
Unit, it shall be unlawful to :
(e) Research or public safety related training activities involving any of the
activities prohibited in this Article, including without limitation the training of search
and rescue dogs off-leash, may be authorized by the Service Unit by permit in
accordance with the procedures and standards set forth in § 23 -204 .
Section 89 . That Section 23 -204(a) of the Code of the City of Fort Collins is hereby
amended to read as follows :
Sec. 23 -204. Recreation area permit process.
(a) Any person or organization seeking a permit for the purposes set forth in
this Article shall apply for a recreation area permit by filing a verified application
with the Service Unit on a form supplied by the Service Unit. An application must
be submitted and completed not less than ten ( 10) business days before the date on
which a permitted activity is to commence; provided, however, that the Service Unit
may accept and process an application that is filed after the filing deadline if, in the
judgment of the Director, there are sufficient time and sufficient resources to process
and investigate the application and make any preparations necessary for the activity.
Section 90 . That the definition of "Art in Public Places Coordinator (or APP
Coordinator) contained in Section 23 -302 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Art in Public Places Coordinator (or APP Coordinator) shall mean a City staff
member designated by the Director of Community Services as the Art in Public
Places Coordinator. The Coordinator will serve the APP Board as City staff liaison.
Section 91 . That Section 23 -3 07 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 23-307. Administration.
The Director of Community Services shall administer the provisions of this
Article in a manner consistent with the APP Guidelines . The guidelines shall
provide for the selection of works of art; the placement and presentation of works of
art; the maintenance, repair and care of works of art; the payment for works of art;
the acceptance of donations of works of art; and such other matters as the Director
deems necessary and appropriate . The Director shall designate an APP Coordinator
who will serve as staff liaison to the APP Board.
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Section 92. That Section 24-1(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-1. Signs on streets, sidewalks and public rights-of-way prohibited;
removal; exceptions; permit.
(2) Traffic control signs erected by the City and directional or informational
signs erected by the City or other governmental entities which relate to
facilities and areas owned,maintained or operated by the City or such other
governmental entities. Before any directional or informational sign of a
governmental entity other than the City is erected,the governmental entity
must obtain a permit authorizing the sign from the City Traffic Engineer.
Section 93. That Section 24-91 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 24-91. List of street names.
All new arterial and collector streets,as defined in the City of Fort Collins Master
Street Plan, are to be named from the list of street names approved by the City
Council.The list of street names shall be composed of names of natural areas,natural
features, historic and/or well-known places, citizens of the City or Growth
Management Area whom the City Council would like to honor posthumously, and
such other names of places, things or deceased persons as the City Council may
approve.With respect to citizens of the City whom the City Council desires to honor
posthumously, such citizens must have devoted much time and effort to the City
either as a former City officer or employee, a former Colorado State University
officer or employee, a person important in the founding of the City or a former
citizen of exemplary character deserving of special recognition. The list of street
names shall be adopted and amended by the City Council by resolution. All new
arterial and collector streets which are not extensions of existing arterial and collector
streets must be named from the foregoing list of street names, and the Director of
Community Development and Neighborhood Services shall strike names from the
list as they are used in the naming of such new arterial and collector streets and shall
promptly file an updated list in the Office of the City Clerk.
Section 94. That Section 24-131 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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Sec. 24-131. Statement of legislative finding.
Public necessity and convenience require that a portion of State Highway No. 1,
which lies in and on a street of the City,be widened and reconstructed in accordance
with the plans and specifications of Project No. C 06-0001-17 of the State
Department of Transportation.
Section 95. That Section 24-133 ofthe Code ofthe City of Fort Collins is hereby amended
to read as follows:
Sec. 24-133. Right of State Department of Highways recognized.
The City recognizes the right of the State Department of Transportation and its
contractor or contractors to proceed at once or at any time in the future to construct
the connecting links of State Highway No. 1 in the City on the portions of the street
involved.
Section 96. That Section 24-136(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-136. Parking and speed limits.
(c) Upon the basis of engineering and traffic investigations by the State
Department of Transportation and the City,it has been determined that a reasonable
and true prima facie speed limit on portions of the street shall be a minimum of
thirty-five(35) miles per hour in the business district and a minimum of thirty-five
(35) miles per hour on the remaining portions, provided that standard signs are
erected giving notice of the authorized speed as provided by C.R.S.
Section 97. That Section 24-137 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 24-137. Right of State Department of Transportation to purchase
property recognized.
In order to establish the streets and connecting links, it will be necessary to take
and purchase certain property included within the above described right-of-way. By
adoption of this Article, the City recognizes the right of the State Department of
Transportation to purchase or condemn any such private property.
Section 98. That Section 25-166(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 25-166. Preservation of returns and other records; confidentiality.
(b) Except in accordance with a court order or as otherwise provided by law,
the Financial Officer shall not divulge or make known in any way any financial
information obtained from any investigation conducted by the Finance Department
or disclosed in any document, report or return filed in connection with the taxes
covered by this Article. The persons charged with custody of such documents,
reports, investigations and returns shall not be required to produce any of them or
evidence of anything contained therein in any action or proceeding in any court,
except on behalf of the Financial Officer in any action or proceeding under the
provisions of this Article to which the Financial Officer or the City is a party or on
behalf of any party to an action or proceeding under the provisions of this Article
when the report of facts shown thereby is directly involved in such action or
proceeding, in either of which events the court may require the production of and
may admit in evidence so much of the reports or of the facts shown thereby as are
pertinent to the action or proceeding and no more.
Section 99. That Section 25-190(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-190. Lien on construction improvements.
(b) The Building Official shall not make a final inspection on or issue a
certificate of occupancy for any construction project unless a person has paid or
arranged with the Financial Officer to pay all taxes due under this Article on all
fixtures,minerals and other construction materials and supplies or tangible personal
property used in or connected with the construction, reconstruction, alteration,
expansion,modification or improvement of any building,dwelling or other structure
or improvement to real property in the City.
Section 100. That Section 26-719 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 26-719. Discontinuance of service at user's request.
All orders for termination of water,wastewater or electric service shall be made
to the Utilities Customer Service Office at least three (3) days prior to the desired
discontinuance date. The user will be liable in any event for utility ser-vices
consumed until the final meter'reading is obtained. The termination notice given by
the user does not relieve the user in any way from any minimum charges or payments
guaranteed under a service contract.
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Section 101. That Section 27-59(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 27-59. Notice of violation; removal authority and procedure; lien on
property.
(c) Any cost assessment shall be a lien in the several amounts assessed against
each property from the date the assessment became due until paid and shall have
priority over all other liens, except general taxes and prior special assessment liens.
Any such assessment shall be billed by the Director of Community Development and
Neighborhood Services,or the City Forester,or his or her designees,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 to any agents, representatives or occupants as may be known. If any such
assessment is not paid within thirty(30) days after it has been billed, the Financial
Officer,or his or her designee,is hereby authorized to thereafter certify to the County
Treasurer the list of delinquent assessments so billed, 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 shall be the same in
substance and 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 unpaid 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 is not
subject to taxation, the City 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.
Section 102. That Section 27-60 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-60. Time limit for compliance; appeals; hearings.
Upon receipt of a notice given by the City Forester pursuant to § 27-18,27-57 or
27-58,the property owner shall have the right to contest the order of the City Forester
to the Referee by filing with the Referee a petition for review at the office of
Community Development and Neighborhood Services. A written request for a
hearing before the Referee must be submitted within five (5) days from the date of
service of the order. Pending a final determination by the Municipal Court Referee,
the property owner need not complete the work required to be done by the City
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Forester, unless such work involves a violation of Paragraph 27-57(a)(5). If the
Referee sustains all or any part of the order of the City Forester,the Referee shall set
the time within which the required work shall be completed,and the property owner
must complete the required work within such time.
Introduced,considered favorably on first reading,and ordered published this 3rd day of April,
A.D. 2012, and to be presented for final passage on the 17th day of April, A.D. 2012.
O FORT COS L!/
• •��2 May r
ATTEST:
SEX
Interim City Clerk COL O?K-
Passed and adopted on final reading on the 17th day of April, A.D. 2012.
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ATTEST: OF FORT COS
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Interim City Clerk
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