HomeMy WebLinkAbout126 - 10/04/2011 - AMENDING ARTICLE V OF CHAPTER 19 OF THE CITY CODE PERTAINING TO RULES FOR CIVIL INFRACTIONS AND MAKI ORDINANCE NO. 126, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE V OF CHAPTER 19 OF THE CODE
OF THE CITY OF FORT COLLINS PERTAINING TO RULES FOR
CIVIL INFRACTIONS AND MAKING EDITORIAL CORRECTIONS
TO ARTICLE V
WHEREAS, Section 19-66 of the City Code allows the Community Development &
Neighborhood Services Director or Forestry Director to accept a defendant's payment in full for a
civil infraction if it is made within ten days after the service of the citation; and
WHEREAS, Section 19-66 of the City Code does not allow for an option of a payment plan;
and
WHEREAS,staff has heard complaints from numerous defendants that it is difficult to make
a payment in full without the option of a payment plan; and
WHEREAS, Section 19-69 of the City Code limits a defendant's timeframe within which
to satisfy judgment after a final hearing to 30 days; and
WHEREAS,staffhas heard complaints from numerous defendants that it is difficult to make
those payments within the 30-day timeframe; and
WHEREAS,staff recommends modifying Section 19-66 to allow for an option of a payment
plan and Section 19-69 to eliminate the 30-day restriction and to allow a defendant a reasonable
period of time within which to satisfy judgment after a final hearing; and
WHEREAS,staff has identified other minor amendments that should be made to City Code
Section 19 related to civil infractions, including updating department titles; and
WHEREAS, the City Council believes that it would be in the best interests of the City to
approve these recommended amendments to the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the title of Section 19-64 ofthe Code of the City of Fort Collins is hereby
amended to read as follows:
See. 19-64. No jury trial for infractions.
Section 2. That Section 19-65(a)(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-65. Commencement of action; citation procedure.
(a) Officers shall have the authority to initiate enforcement proceedings as
provided below.
(1) An officer who has reasonable grounds to believe that a responsible party
has committed a civil infraction under this Code is authorized to serve a
notice of violation to the responsible party. Except as otherwise provided
in this Code,the officer shall set a reasonable time period within which the
responsible party must correct the violation. This determination shall be
based on considerations of fairness, practicality, ease of correction, the
nature,extent and probability of danger or damage to the public or property,
and any other relevant factor relating to the reasonableness of the time
period prescribed. An officer may immediately serve a civil citation to a
responsible party,without prior notice, if there is reason to believe that the
violation presents a threat to the public health, safety or welfare, or the
damage done by the violation is irreparable or irreversible, or the alleged
violation is of Land Use Code Section 3.8.16 pertaining to occupancy
limits.
Section 3. 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 Community Development and Neighborhood Services Director or, in
the case of a forestry code violation, the Forestry Director, shall accept payment in
full of the amount due for a civil infraction from a defendant or make a payment plan
arrangement with a defendant if such payment or payment plan arrangement is made
within ten(10)days following service of the citation for the violation. Such payment
shall be separately accounted for and deposited into the City's general fund in
accordance with rules and procedures of the Finance Department.
Section 4. That Section 19-68(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 19-68. Subpoenas and discovery.
(a) At the request of any party to the hearing, the Municipal Judge or Referee
may subpoena witnesses, documents or other evidence where the attendance of the
witness or the admission of evidence is necessary to decide the issues at the hearing.
The issuance and service of a subpoena shall be as provided in Rule 217, C.M.C.R.
Section 5. That Section 19-69 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 19-69. Judgment and procedures after hearing.
(a) If the civil infraction is proven by a preponderance of the evidence, the
Municipal Judge or Referee shall find the defendant liable for the violation and enter
appropriate judgment. If, however, the civil infraction is not proven by a
preponderance of the evidence, the Referee shall dismiss the charge and enter
appropriate judgment.
(b) If the defendant is found liable,the Municipal Judge or Referee shall assess
the appropriate penalty and any additional costs or fees authorized by law or
ordinance.
(c) The judgment shall be satisfied upon payment to the Community
Development and Neighborhood Services Director or Forestry Director,with respect
to forestry code violations, in the total amount of penalty, costs and fees assessed.
(d) If the defendant fails to satisfy the judgment immediately following the final
hearing or within the time allowed by a reasonable extension, granted upon a
showing of good cause by and upon application of the defendant,then such failure
shall be treated as a default.
Section 6. That Section 19-71 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 19-71. Continuances.
Continuances may be granted by the Municipal Judge or Referee only upon a
showing of good cause by the City or the defendant.
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Introduced, considered favorably on first reading, and ordered published this 20th day of
September, A.D. 2011, and to be presented for final passage on the 4th day of October, A.D. 2011.
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Passed and adopted on final reading on the 4th day of October, A.D. 2011.
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