HomeMy WebLinkAbout128 - 10/15/2013 - AMENDING ARTICLE IV OF CHAPTER 20 OF THE CITY CODE PERTAINING TO THE IMPROPER OUTDOOR STORAGE OF MAT ORDINANCE NO , 128, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE IV OF CHAPTER 20 OF THE CODE OF THE CITY OF FORT
COLLINS PERTAINING TO THE IMPROPER OUTDOOR STORAGE
OF MATERIALS
WHEREAS, the City Council has observed a growing problem in the City regarding the
quality and appearance of neighborhoods due to the presence of physically neglected properties;
and
WHEREAS , the neglect of individual properties can accelerate the deterioration of entire
neighborhoods ; and
WHEREAS , City staff has periodically received complaints from neighbors and other
citizens regarding the unsightliness and hazards of residential properties where various kinds of
materials are stored outdoors, in areas visible from public streets and sidewalks, in such
quantities, manner or condition that the storage of such materials unreasonably interferes with
the enjoyment and/or value of neighboring properties ; and
WHEREAS , Section 20-42 . 6 of the City Code prohibits, under certain circumstances, the
outdoor storage of materials not customarily stored outdoors, such as construction materials ; and
WHEREAS , the City Council has determined that it is in the best interest of the health,
safety and welfare of the residents of the City that Section 20-42 . 6 be amended to add an
additional category of improper outdoor storage to address situations not presently covered by
Sections 20-42 . 6 .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT as follows :
Section 1 . That Section 20-41 of the Code of the City of Fort Collins is hereby
amended to add the following definition:
Stored shall mean accumulated or kept for any purpose .
Section 2 . That Section 20-42(m) of the Code of the City of Fort Collins is hereby
amended to read as follows :
(m) It shall be unlawful for the owner or occupant of any property to permit the
accumulation of refuse or rubbish which constitutes or may create a fire, health or safety
hazard or a harborage for rodents, insects or other vermin in such numbers as may be
harmful to the health or safety of occupants or passersby.
Section 3 . That Section 20-42 . 6 of the Code of the City of Fort Collins is hereby
amended to read as follows
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Sec. 20-42.6 Improper outdoor storage of materials.
(a) The improper outdoor storage of materials in violation of this Section is hereby.
declared to be a nuisance and a menace to the public welfare, and no owner or occupant
of any residential premises in the City shall cause or permit such condition to exist. This
declaration of nuisance, and the prohibitions contained in this Section, shall apply only to
locations that are visible from a public street, sidewalk, alley or from the ground level of
abutting properties, and shall apply whether or not the materials are sheltered or covered
or within a carport or other partially enclosed structure. The storage of materials within a
garage or other fully enclosed structure shall not be considered outdoor storage for the
purposes of this provision.
(b) No owner or occupant of any residential premises shall permit the outdoor storage
on such premises of materials not customarily stored outdoors in residential
neighborhoods, such as, but not limited to, construction materials, tires and household
appliances. Notwithstanding the foregoing, construction materials may be stored
outdoors on residential premises for a period not to exceed nine (9) months, or for such
longer period of time as may have been approved by the City Manager, if such materials
are being used in the construction of a structure for which a building permit has been
issued by the City.
(c) In addition to the prohibition contained in subsection (b), no owner or occupant
of any residential premises shall otherwise permit the improper outdoor storage of
materials on such premises by storing such materials in violation of this subsection (c).
The presence of at least three of the following factors shall constitute the improper
outdoor storage of materials under this subsection:
(1) the materials have been stored for an unreasonable period of time, taking
into consideration the nature of the materials;
(2) the materials are in disarray and are not kept in a neat and organized
manner;
(3) the materials are in a dilapidated condition or in disrepair;
(4) the volume of materials is not compatible with the size and configuration
of the lot where they are stored;
(5) the overall appearance of the materials and the manner in which they are
stored is not compatible with the character and appearance of neighboring
properties.
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Introduced, considered favorably on first reading, and ordered published this 17th day of
September, A.D. 2013, and to be presented for final passage on the 15th day of October, A.D.
2013.
FORT°c0<t'
Ma or
ATTEST:
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City Clerk
Passed and adopted on final reading on the 15th day of October, A.D. 2013.
ATTEST: FORT coo+
City Clerk
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