Colorado Code Publishing Company

(a) The emission or escape into the open air from any source or sources of smoke, ashes, dust, dirt, grime, acids, fumes, gases, vapors, odors or any other substances or combination of substances in such manner or in such amounts as to endanger or tend to endanger the health, comfort, safety or welfare of the public or to cause unreasonable injury or damage to property or to interfere with the comfortable enjoyment of property or normal conduct of business is hereby found and declared to be a public nuisance. It is unlawful for any person to cause, permit or maintain any such public nuisance within the City.

(b) No person shall cause or allow the emission of smoke exceeding twenty-percent opacity from any flue or chimney, except for a single fifteen-minute period for cold start-up. Any emission in excess hereof is hereby declared to be a nuisance and is prohibited.

(c) After October 1, 1988, no person shall cause or allow, for the purpose of residential or commercial space heating, the burning of coal in a solid fuel-burning appliance, unless that appliance is designed to burn coal, and unless it is the sole source of heat for the building. No solid fuel-burning appliance shall be considered to be the sole source of heat if the building is equipped with a permanently installed furnace or heating system that is designed to use natural gas, fuel oil, electricity or propane, whether connected or disconnected from its energy source.

(d) Except as is provided in Subsection (c) hereof, no person shall cause or allow the burning of any solid fuel in a solid fuel-burning appliance other than clean, dry, untreated wood or wood products, or other solid fuel products specifically manufactured for the purpose of space heating.

(Ord. No. 184, 1986, § 4, 11-18-86; Ord. No. 180, 1987, § 2, 12-1-87; Ord. No. 89, 1994, § 1, 6-21-94; Ord. No. 130, 1996, 11-5-96; Ord. No. 188, 2002, 1-7-03)

Sec. 20-2. Abatement of unsanitary or dangerous premises.

(a) If either the City Manager, the City Engineer, the Director of Building and Zoning or the Fire Chief determines that any premises within the City are unsanitary, as determined by the Larimer 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.

(b) If the owner, agent or occupant of the premises shall fail or refuse to comply with the order of any of the officers within the time given in the order, then the matter of the failure or refusal to comply with the order shall be heard before the next meeting of the City Council without further notice to the owner, agent or occupant of the premises. At the meeting, the owner, agent or occupant of the premises or any other person interested may appear and be heard.

(c) After the hearing, the City Council shall make such order concerning remedying the condition complained of as may be deemed necessary and may declare the premises to be a nuisance and cause the premises to be remedied, repaired, abated or evacuated and shall assess the expense against the lot or premises upon which the condition or nuisance may be found as provided by law.

(Code 1972, § 79-1; Ord. No. 89, 1994, § 1, 6-21-94; Ord. No. 222, 1998, § 3, 12-15-98; Ord. No. 130, 2002, § 11, 9-17-02; Ord. No. 144, 2003, 11-18-03)

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, Director of Building and Zoning or Fire Chief, in case of an emergency for the preservation of the public health or safety, to summarily remedy, change, repair, abate or order the evacuation of any dangerous or unhealthy condition found to exist without any notice to any person.

(Code 1972, § 79-2; Ord. No. 89, 1994, § 1, 6-21-94; Ord. No. 222, 1998, § 3, 12-15-98; Ord. No. 130, 2002, § 11, 9-17-02; Ord. No. 144, 2003, 11-18-03)

Sec. 20-4. Abatement of nuisances when property owner absent.

If the lot or premises is not occupied and the owner is not found within the City when the notice is about to be given, the City Council may have the premises cleaned, changed, repaired or the nuisance abated without serving personal notice of any kind upon the owner or agent and may assess the costs against the lot or premises.

(Code 1972, § 79-3; Ord. No. 89, 1994, § 1, 6-21-94)

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, Director of Building and Zoning or Fire Chief, prior to the time when the City shall start carrying out any order made under this Article.

(Code 1972, § 79-4; Ord. No. 89, 1994, § 1, 6-21-94; Ord. No. 222, 1998, § 3, 12-15-98; Ord. No. 130, 2002, § 11, 9-17-02)

Sec. 20-6. Provisions to be cumulative.

The provisions of §§ 20-21 through 20-45 are cumulative to all other provisions relating to unsanitary and dangerous conditions and to nuisances in this Code.

(Code 1972, § 79-5; Ord. No. 89, 1994, § 1, 6-21-94)

Secs. 20-7—20-20. Reserved.

ARTICLE II.
NOISE

Sec. 20-21. Definitions.

The following words and terms, and phrases, when used in this Article, shall have the following meanings ascribed to them in this Section:

Ambient sound level shall mean the total sound pressure level in the area of interest including the noise source of interest.

A-weighting shall mean the electronic filtering in sound level meters that models human hearing frequency sensitivity.

Background sound level shall mean the total sound pressure level in the area of interest excluding the noise source of interest.

Code Compliance Inspector shall mean an employee of the City trained in the measurement of sound and empowered to issue a summons for violations of § 20-23 and to issue variances pursuant to § 20-27.

Construction shall mean any site preparation, assembly, erection, repair, alteration or similar action, or demolition of buildings or structures.

dB(A) shall mean the A-weighted unit of sound pressure level.

Decibel [dB] shall mean the unit of measurement for sound pressure level at a specified location.

Emergency work shall mean any work or action necessary to deliver essential services including, but not limited to, repairing water, gas, electric, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, or abating life-threatening conditions.

Impulsive sound shall mean a sound having a duration of less than one (1) second with an abrupt onset and rapid decay.

Motor vehicle shall mean any vehicle that is propelled or drawn on land by an engine or motor.

Muffler shall mean a sound-dissipative device or system for attenuating the sound of escaping gases of an internal combustion engine.

Multi-use property shall mean any distinct parcel of land that is used for more than one (1) category of activity. Examples include, but are not limited to:

(1) A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or

(2) A commercial building which has a residential use located above, behind, below or adjacent to the commercial use.

Noise disturbance shall mean any sound originating from or received within the City limits that (a) endangers the safety or health of any person, (b) disturbs a reasonable person of normal sensitivities, or (c) endangers personal or real property.

Person shall mean any individual, corporation, company, association, society, firm, partnership, joint stock company, the City or any political subdivision, agency or instrumentality of the City.

Public right-of-way shall mean any street, avenue, boulevard, road, highway, sidewalk, alley or similar place which is leased, owned or controlled by a governmental entity.

Public space shall mean any real property or structures thereon that is owned, leased or controlled by a governmental entity.

Pure tone shall mean any sound that can be judged as a single pitch or set of single pitches by the Code Compliance Inspector.

Real property line shall mean either (a) the line, including its vertical extension, that separates one (1) parcel of real property from another, or (b) the vertical and horizontal boundaries of a dwelling unit that is contained within a multi-use building.

Sound level shall mean the instantaneous sound pressure level measured in decibels with a sound level meter set for A-weighting on slow or fast integration speed.

Sound level meter shall mean an instrument used to measure sound pressure levels conforming to standards as specified in ANSI Standard S1.4-1983 or the latest version thereof.

Sound pressure level shall mean twenty (20) multiplied by the logarithm, to the base ten (10), of the measured sound pressure divided by the sound pressure associated with the threshold of human hearing, in units of decibels.

Unreasonable noise shall mean any sound of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property, but excludes all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment.

(Code 1972, § 78-9; Ord. No. 154, 2001, 11-6-01; Ord. No. 071, 2004, § 1, 5-18-04)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 20-22. Unreasonable noise prohibited.

(a) No person shall make, continue or cause to be made or continued any unreasonable noise; and no person shall knowingly permit such noise upon any premises or in or upon any vehicle owned or possessed by such person or under such person's control or operation.

(b) For purposes of this Section, members of Police Services are empowered to make a prima facie determination as to whether a noise is unreasonable, which determination may be based upon, but need not be limited to, a consideration of the following factors:

(1) The time of day;

(2) The size of any gathering of persons creating or contributing to the noise;

(3) The presence or absence of noise amplification equipment; and

(4) Any other factors tending to show the magnitude and/or disruptive effect of the noise.

(c) In any prosecution charging a violation of this Section, proof that the owner or tenant of the premises upon which the unreasonable noise occurred was present at the time of the violation shall constitute prima facie evidence that such person was in control of the premises and knowingly permitted the violation to occur.

(d) With regard to the operation of motor vehicles, and without limiting the generality of Subsection (a) above, unreasonable noise shall include, but not be limited to:

(1) The continuous or repeated sounding of any horn or signal device of a motor vehicle, except as a danger signal. For the purposes of this Subsection, continuous shall mean continuing for an unnecessary or unreasonable period of time.

(2) The operation of any motor vehicle in a manner which causes excessive noise as a result of an unlawful, defective or modified exhaust system, or as a result of unnecessary rapid acceleration, deceleration, revving the engine or tire squeal.

(Code 1972, § 78-1; Ord. No. 65, 1987, 5-5-87; Ord. No. 67, 1996, 6-4-96; Ord. No. 154, 2001, 11-6-01; Ord. No. 130, 2002, § 6, 9-17-02; Ord. No. 033, 2004, 3-2-04; Ord. No. 071, 2004, §2, 5-18-04; Ord. No. 105, 2004, 7-20-04)

Sec. 20-23. Maximum permissible noise levels.

(a) A noise measured or registered in the manner provided in § 20-24 from any source at a level which is in excess of the dB(A) established for the time period and zoning districts listed in this Section is hereby declared to be a noise disturbance and is unlawful. When a noise source can be identified and its noise measured in more than one (1) zoning district, the limits of the most restrictive zoning district shall apply.

Zoning Districts
Maximum Noise [dB (A)]

Areas zoned:

Low Density Residential (R-L)
Urban Estate (U-E)
Foothills Residential (R-F)
High Density Mixed-Use Neighborhood (H-M-N)
Low Density Mixed-Use Neighborhood (L-M-N)
Medium Density Mixed-Use Neighborhood (M-M-N)
Neighborhood Conservation Low Density (N-C-L)
Neighborhood Conservation Medium Density (N-C-M)
Neighborhood Conservation Buffer (N-C-B)
Public Open Lands (P-O-L)
River Conservation (R-C)
Transition (T)

7:00 a.m. to 8:00 p.m. 55
8:00 p.m. to 7:00 a.m. 50

Areas zoned:

Downtown Old City Center (D)
Downtown Canyon Avenue (D-C-A)
Downtown Civic Center (D-C-C)
River Downtown Redevelopment Commercial (R-D-R)
Community Commercial (C-C)
Community Commercial North College (C-C-N)
Community Commercial River (C-C-R)
Commercial North College (C-N)
Neighborhood Commercial (N-C)
Limited Commercial (C-L)
Harmony Corridor (H-C)

7:00 a.m. to 8:00 p.m. 60
8:00 p.m. to 7:00 a.m. 55

Areas zoned:

Employment (E)

7:00 a.m. to 8:00 p.m. 70
8:00 p.m. to 7:00 a.m. 65

Areas zoned:

Industrial (I)

7:00 a.m. to 8:00 p.m. 80
8:00 p.m. to 7:00 a.m. 75

(b) If the noise source in question is a pure tone, the limits set forth above shall be reduced by five (5) dB(A).

(c) In multi-use buildings, when noise originates in one (1) unit and is received in another unit within the same building, the maximum dB(A) for such noise shall be the same as the maximum dB(A) for the zoning district in which the building is located.

(Code 1972, § 78-2; Ord. No. 9, 1998, 2-3-98; Ord. No. 154, 2001, 11-6-01)

Cross-reference—Zoning, annexations and development of land, Article 4 of the Land Use Code — Zone Districts.

Sec. 20-24. Classification and measurement of noise.

For the purposes of classifying any noise disturbance and determining whether it is in violation of § 20-23, the following test measurements and requirements shall be applied; provided, however, that a violation of § 20-22 may occur without the following measurements being made:

(1) Noise shall be measured at a distance of at least twenty-five (25) feet from a noise source located within the public right-of-way, and if the noise source is located on private property or public property other than the public right-of-way, the noise shall be measured at or within the property boundary of the receiving land use.

(2) The noise shall be measured on a sound level meter.

(3) No outdoor measurement shall be taken without a wind screen recommended by the sound level meter manufacturer, or during periods when wind speeds, including gusts, exceed fifteen (15) miles per hour.

(Code 1972, § 78-3; Ord. No. 154, 2001, 11-6-01)

Sec. 20-25. Exceptions.

The provisions of this Article shall not apply to:

(1) Noise from emergency signaling devices;

(2) Noise from agricultural activities;

(3) The operation of aircraft or other activities which are subject to federal law with respect to noise control, and the generation of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Administration;

(4) Noise from domestic power tools and lawn and garden equipment operated between 7:00 a.m. and 8:00 p.m., provided that such tools or equipment generate less than eighty-five (85) dB(A) at or within any real property line of a residential property;

(5) Sound from church bells and chimes when a part of a religious observance or service;

(6) Any tools or equipment used in construction, drilling, earthmoving, excavating, or demolition, provided that all motorized equipment used in such activity is equipped with functioning mufflers, and further provided that such work takes place between 7:00 a.m. and 8:00 p.m.;

(7) Noise from snow blowers, snow throwers and snow plows when operated with a muffler for the purpose of snow removal;

(8) The City for noise emanating from any public right-of-way;

(9) Noise generated from golf course maintenance equipment;

(10) Noise generated by tools or equipment during emergency operations or activities that are reasonably necessary for the public health, safety or welfare.

(Code 1972, § 78-4; Ord. No. 26, 1990, 4-3-90; Ord. No. 93, 1999, 6-15-99; Ord. No. 154, 2001, 11-6-01)

Sec. 20-26. Extraterritorial noise source.

If noise measured at a location within the City limits exceeds the maximum permissible noise levels contained in § 20-23 for the zoning district in which the noise is measured, and the source of the noise is located in an unincorporated area of the County, the City shall have jurisdiction to prosecute such noise violation provided that:

(1) The complainant has first sought enforcement of any applicable county noise law or regulation and the County has declined to initiate any court proceedings to enforce said law or regulation, or thirty (30) days have elapsed from the date of filing the complaint with the County and no such proceedings have been initiated; or

(2) The person charged with a violation of the County's law or regulation has been acquitted of such charge, or such charge has been dismissed, and the elements constituting a violation of the County law or regulation are substantially different than the elements constituting a violation of § 20-23.

(Ord. No. 154, 2001, 11-6-01)

Sec. 20-27. Variances.

(a) Any person who owns or operates any stationary noise source may apply to the Code Compliance Inspector for a variance from one (1) or more of the provisions of this Article. Applications for a variance shall supply information including, but not limited to:

(1) The nature and location of the noise source for which such application is made;

(2) The reason for which the variance is requested, including the hardship that will result to the applicant, his/her client or the public if the permit of variance is not granted;

(3) The level of noise that will occur during the period of the variance;

(4) The section or sections of this Article for which the variance shall apply;

(5) A description of interim noise control measures to be taken for the applicant to minimize noise and the impacts occurring therefrom; and

(6) A specific schedule of the noise control measures that shall be taken to bring the source into compliance with this Article within a reasonable time.

(b) Failure to supply the information required by the Code Compliance Inspector shall be cause for rejection of the application.

(c) The Code Compliance Inspector may charge the applicant a fee, in accordance with § 7.5-1 of this Code, to cover expenses resulting from the processing of the variance application.

(d) The Code Compliance Inspector may, at his or her discretion, limit the duration of the variance, which shall be no longer than one (1) year. Any person granted a variance and requesting an extension of time shall apply for a new variance under the provisions of this Section.

(e) No variance shall be approved unless the applicant presents adequate proof that:

(1) Noise levels occurring during the period of the variance will not constitute a danger to public health; and

(2) Compliance with this Article would impose an unreasonable hardship on the applicant without equal or greater benefits to the public.

(f) Under no circumstances shall the noise level of an activity for which a variance is granted for a period of time in excess of eight (8) hours exceed ninety (90) decibels.

(g) In determining whether to grant a variance, the Code Compliance Inspector shall consider:

(1) The character and degree of injury to, or interference with, the public health and welfare and the reasonable use of property that is caused or threatened to be caused;

(2) The social and economic value of the activity for which the variance is sought; and

(3) The ability of the applicant to apply the best practical noise control measures.

(h) A variance may be revoked by the Code Compliance Inspector if there is:

(1) Violation of one (1) or more terms or conditions of the variance;

(2) Material misrepresentation of fact in the variance application; or

(3) Material change in any of the circumstances relied on by the Code Compliance Inspector in granting the variance.

(i) Variance decisions may be appealed to the City Manager by the applicant or any affected person.

(Code 1972, § 78-5; Ord. No. 154, 2001, 11-6-01)

Sec. 20-28. Motor vehicle maximum sound levels.

(a) No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle exceeds the levels set forth below:

Vehicles class (GVWR)	Speed limit where posted 35 mph or less or speed limits regulated under the Fort Collins Traffic Code [sound pressure level dB(A)]	Speed limit where posted greater than 35 mph [sound pressure level dB(A)]
Motor vehicles with a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds (4,536 kg) or more, or by any combination of vehicles towed by such motor vehicle	86	90
Any other motor vehicle or any combination of vehicles towed by any motor vehicle, to include but not to be limited to automobiles, vans, light trucks or any motorcycle with a gross vehicle weight rating (GVWR) less than 10,000 pounds (4,536 kg)	80	84

(b) No person shall operate or cause to be operated any motor vehicle or motorcycle off a public right-of-way in such a manner that the sound level emitted exceeds the limits set forth in § 20-23. This Section shall apply to all motor vehicles, whether or not duly licensed and registered, including but not limited to commercial or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles, amphibious crafts, campers and dune buggies.

(d) The noise shall be measured on a sound level meter.

(e) No outdoor measurement shall be taken without a wind screen recommended by the sound level meter manufacturer, or during periods when wind speeds, including gusts, exceed fifteen (15) miles per hour.

(Code 1972, § 78-7; Ord. No. 154, 2001, 11-6-01; Ord. No. 16, 2003, §10, 2-18-03)

Cross-reference—Vehicles and traffic, Ch. 28; Fort Collins Traffic Code.

Sec. 20-29. Violations and penalties.

(a) Any person who violates any provision of this Article, upon conviction, shall be subject to the penalty in § 1-15.

(b) Violation of any provision of this Article shall be cause for a summons to be issued by authorized enforcement officials according to adopted procedures.

(Code 1972, § 78-8(A), (B); Ord. No. 154, 2001, 11-6-01)

Cross-reference—General penalty, § 1-15.

ARTICLE III.
NUISANCE GATHERINGS

Sec. 20-30. Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Cost of abatement shall mean the costs incurred by the City or the Poudre Fire Authority to respond to and/or abate the public nuisance defined in § 20-31. Such costs of abatement may include, without limitation, the cost of paying police officers or any other City or Poudre Fire Authority employees; any equipment expense incurred by the City or the Poudre Fire Authority; any appropriate overhead; the cost of any medical treatment to injured police officers or other personnel dispatched to the scene of the nuisance; any loss or damage incurred by any City department or the Poudre Fire Authority, and the cost of repairing any damaged equipment or property. If the responsible person cleans up any trash and litter from the social gathering on any public or private property within twelve (12) hours of contact by police, the cost of abatement will not include any City clean-up costs.

Offending property owner shall mean the record owner of the property where the social gathering or party which has been determined to be a public nuisance under § 20-31 took place.

Responsible person shall mean any person convicted of a violation of Subsection 20-32(a). If such a person is under the age of eighteen (18) years, the term responsible person includes, in addition, the person's parent or guardian.

Social gathering shall mean a party, gathering or event of five (5) or more persons who have assembled or are assembling for a social activity or for a special occasion.

(Ord. No. 19, 2005, § 2, 3-1-05)

Sec. 20-31. Nuisance gatherings.

A social gathering or party which is conducted on residential premises within the City and which, by reason of the conduct of those persons in attendance, results in the occurrence of any one (1) or more of the following conditions or events on neighboring public or private property: rioting; the unlawful carrying or possessing of an open container of alcohol or fermented malt beverage in public; public urination or defecation; the unlawful sale, furnishing, possession or consumption of alcohol or fermented malt beverages; the deposit of trash or litter; the destruction of property; the generation of pedestrian or vehicular traffic, standing or parking which obstructs the flow of traffic or interferes with the ability to render emergency services; excessive, unnecessary or unreasonable noise which disturbs the comfort, quiet or repose of the neighborhood, including public disturbances, brawls, fights or quarrels; or conduct or condition which injures, or endangers the safety or health of the neighborhood, or results in any indecent or obscene conduct, or results in any indecent exposure by persons attending the social gathering or party, is hereby declared to be an unlawful public nuisance.

(Ord. No. 19, 2005, § 3, 3-1-05)

Sec. 20-32. Prohibited; penalty.

(a) Any person being the owner, occupant, tenant or otherwise having any possessory control, individually or jointly with others, of any premises who either sponsors, conducts or hosts a social gathering or party and knowingly permits such social gathering or party to become a public nuisance as defined by § 20-31 is hereby deemed to have committed a misdemeanor, and upon conviction shall be subject to the penalties as provided by § 1-15 of this Code, and may further be ordered, as a condition of any sentence, to pay the costs of abatement pursuant to § 20-33. In any prosecution for a violation of this Section, proof that the owner or tenant of the premises upon which the nuisance party occurred was present at the time of the violation shall constitute prima facie evidence that such person was in control of the premises, and sponsored, conducted or hosted the social gathering or party and knowingly permitted the violation to occur.

(b) All participants in any party or social gathering declared to be a public nuisance by a police officer shall cease participating and immediately disperse upon order of a police officer, and all persons not domiciled at the site of such social gathering or party shall leave the property immediately. Any person failing or refusing to obey and abide by such order commits a misdemeanor criminal offense, and any person convicted of a violation of this Section shall be subject to the penalties provided by § 1-15 of this Code.

(c) Proof that a person convicted of a violation of this Section had attempted to disperse the participants at the social gathering or party, together with written verification that such person had initiated contact with Fort Collins Police Services or Colorado State University Police Department for assistance, shall be a mitigating factor in determining an appropriate penalty and apportionment of the cost of abatement.

(Ord. No. 19, 2005, § 4, 3-1-05)

Sec. 20-33. Payment of costs of abatement; assessment; appeal.

(a) The cost of abating a public nuisance defined by § 20-30 shall be assessed against the responsible person(s) according to such apportionment as the Municipal Judge may deem appropriate. Any unpaid costs assessed against an offending property owner shall be a lien upon the property until such assessment is paid.

(b) The City Manager shall cause the Financial Officer to bill the responsible persons for the cost of abatement, which bill shall include the name and address of the responsible persons, the date and time of the incident and the expenses incurred by specific City departments in responding to or abating the public nuisance.

(c) Any responsible person who wishes to dispute the determination that he or she is liable for the cost of abatement may do so by submitting a request to the City Manager for an administrative review hearing in writing no more than ten (10) days after the assessment of the cost of abatement. The City and the responsible person disputing the fee shall be given notice of the hearing and an opportunity to be heard.

(d) If any such assessment against an offending property owner is not paid within thirty (30) days after billed by the Financial Officer 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 any agents, representatives or other responsible persons as may be known, or after administrative review, the Financial Officer is authorized to certify to the County Treasurer the delinquent assessment, 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 is to be the same in substance and in form as required for the certification of other taxes. The County Treasurer, upon receipt of such certification, is 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 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 Financial Officer 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.

(Ord. No. 19, 2005, § 5, 3-1-05)

Sec. 20-34. Other remedies.

Nothing in this Article shall be construed as affecting the ability of the City to initiate or continue concurrent or subsequent criminal prosecution or civil proceeding for any violation of the provisions of the City code or state law arising out of the circumstances necessitating the application of this Article.

(Ord. No. 19, 2005, § 6, 3-1-05)

ARTICLE IV.
WEEDS, BRUSH PILES AND RUBBISH*

Sec. 20-41. Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Backyard wildlife habitat certification shall mean certification by the Department of Natural Resources under its backyard wildlife habitat program recognizing a yard as having the necessary components to sustain the desired wildlife species.

Brush pile shall mean an accumulation of cuttings or dead portions of trees and shrubs.

City Manager shall mean the City Manager or the designated representative of the City Manager.

Compost shall mean a mixture consisting of decayed organic matter used for fertilizing and conditioning soil.

Ditch shall mean any channel, either man-made or natural, to carry water for drainage or irrigation, including its access and/or maintenance easements on either side.

Natural area certification shall mean certification by the Department of Natural Resources 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.

Open area shall mean real property zoned as open space or designated transition or any other undeveloped real property in single, common or joint ownership.

Ornamental grasses shall mean any of the following grasses: yellow foxtail (Alopecurus pratensis), blue or western wheatgrass (Agropyron smithii or Pascopyrum smithii), big bluestem (Andropogon gerardii), bulbous oatgrass (Arrhenatherum elatius), sideoats grama (Bouteloua curtipendula), blue grama (Bouteloua gracilis or Chrondrosum gracile), rattlesnake or quaking grass (Briza media), feather reed grass (Calamagrostis acutiflora or C. arundinacea), northern sea oats (Chasmanthium latifolium), pampas grass (Cortaderia selloama), lemon grass (Cymbopogon citratus), tufted hair grass (Deschampsia caespitosa), blue lyme grass (Elymus arenarius), sand love grass (Eragrotis trichodes), ravenna or plume grass (Erianthus ravennae or Saccharum ravennae), blue fescue (Festuca cinerea, F. ovina or F. glauca), variegated mannagrass (Glyceria maxima variegata), blue oatgrass (Helictotrichon sempervirens), velvet grass (Holcus lanatus), Japanese blood grass (Imperata cylindrica), junegrass (Koeleria cristata, K. gracilis or K. macrantha), woodrush (Leymus spp. or Luzula spp.), hairy melic grass (Melica ciliata), giant Chinese silvergrass (Miscanthus floridulus or M. giganeus), Japanese silvergrass (Miscanthus oligostachys), silver banner grass (Miscanthus sacchariflorus), maiden grass or silvergrass (Miscanthus sinensis), moor grass (Molina caerulea), muhly grass (Muhlenbergia spp.), Indian ricegrass (Oryzopis hymenoides or Achnatherum hymenoides), switchgrass (Panicum virgatum), feathergrass (Pennisetum alopecuroides), tender fountain grass (Pennisetum setaceum), feather top (Pennisetum villosum), ruby grass (Rychelytrum neriglume), little bluestem (Schizachyrium scoparium or Andropogon scoparius), autumn moorgrass (Sesleria autumnalis), Indian grass (Sorghastrum nutans or S. avenaceum), cord grass (Spartina spp.), frost or graybeard grass (Spodiopogon spp.), prairie dropseed (Sporobolus heterolepis) and any other species of grass approved by the City Manager that is customarily used for ornamental purposes and not as a turf grass.

Owner or occupant shall mean the owner of record as shown in any record of the City, County or State or any agent or representative of such owner and any person entitled, by easement lease or tenancy, to possession or use of the premises.

Property shall mean in addition to the owner's lot or tract of land whether improved or vacant, the area to the center of any alley abutting the lot or tract of land; any easements on or under the lot or tract of land; and the sidewalk, curb, gutter and parking area of any street abutting such lot or tract of land.

Refuse shall mean solid and liquid wastes, except hazardous wastes, whether putrescible or nonputrescible, combustible or noncombustible, organic or inorganic, including but not limited to wastes and materials commonly known as trash, garbage, debris or litter, animal carcasses, offal or manure, paper, ashes, cardboard, cans, yard clippings, glass, rags, discarded clothes or wearing apparel of any kind or any other discarded object not exceeding three (3) feet in length, width or breadth.

Rubbish shall mean nonputrescible solid wastes of a large size, including but not limited to large pieces of wood, large cardboard boxes or parts, large or heavy yard trimmings, discarded fence posts, crates, vehicle tires, junked or abandoned motor vehicle bodies or parts, scrap metal, bedsprings, water heaters, discarded furniture and all other household goods or items, demolition materials, used lumber and other discarded or stored objects three (3) feet or more in length, width or breadth.

Weed shall mean an aggressive, non-native herbaceous plant detrimental to native plant communities or agricultural lands, including but not limited to jointed goatgrass (Aegilops cylindrica), quackgrass (Agropyron repens), redroot pigweed (Amaranthus retroflexus), common ragweed (Ambrosia artemisiifolia), giant ragweed (Ambrosia trifida), wild oat (Avena fatua), white mustard (Brassica hirta), wild mustard (Brassica kaber), black mustard (Brassica nigra), birdsrape mustard (Brassica rapa), marijuana (Cannabis sativa), whitetop (Cardaria draba), hairy whitetop (Cardaria pubescens), sandbur (Cenchrus longispinous), diffuse knapweed (Centaurea diffusa), spotted knapweed (Centaurea maculosa), Russian knapweed (Centaurea repens), Canada thistle (Cirsium arvense), bindweed (Convolvulus arvensis), leafy spurge (Euphorbia esula), St. Johnswort (Hypericum perforatum), kochia (Kochia scoparia), prickly lettuce (Lactuca serriola), perennial pepperweed (Lepidium latifolium), dalmatian toadflax (Linaria genistifolia spp. dalmatica), yellow toadflax (Linaria vulgaris), purple loosestrife (Lythrum salicaria, Lythrum virgatum and any combinations thereof), buckhorn plantain (Plantago lanceolata), curly dock (Rumex crispus), Russian thistle (Salsola iberica), horsenettle (Solanum elaeagnifolium), black nightshade (Solanum nigrum), buffalobur (Solanum rostratum), perennial sow thistle (Sonchus arvensis), Johnsongrass (Sorghum halepense), dandelion (Taraxacum officinale), fanweed (Thlaspi arvense), puncturevine (Tribulus terrestris), cocklebur (Xanthium strumarium) and any other type of noxious weeds designated by the Colorado Weed Law or Larimer County Weed District.

Yard shall mean the open space between buildings and property lines at the front, rear and sides of a property.

(Code 1972, § 79-6; Ord. No. 184, 1986, § 1(79-6), 11-18-86; Ord. No. 89, 1994, § 3, 6-21-94; Ord. No. 155, 1997, § 2, 11-4-97; Ord. No. 51, 2000, §§ 6, 7, 5-16-00; Ord. No. 104, 2000, § 1, 9-5-00; Ord. No. 128, 2002, §§ 1, 2, 9-17-02; Ord. No. 130, 2002, § 27, 9-17-02; Ord. No. 029, 2004 § 1, 3-2-04; Ord. No. 198, 2006, § 13, 12-19-06)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 20-42. Weeds and rubbish nuisances prohibited.

(a) All weeds, brush piles, unmowed grasses required to be mowed under Subsection (c) of this Section, refuse and rubbish on a property within the City are hereby declared to be a nuisance and a menace to the health and safety of the inhabitants of the City.

(b) It is unlawful for the owner or occupant of any property to permit refuse, rubbish or brush piles to accumulate on any part of the property. All refuse shall be stored for prompt disposal on the premises in refuse containers, and the storage area shall be kept free of loose refuse. Any refuse or rubbish which by its nature is incapable of being stored in refuse containers may be neatly stacked or stored for prompt disposal. The number and size of refuse containers shall be sufficient to accommodate the accumulation of refuse from the property. Containers shall be secured and placed where they are screened from view of the street and are not susceptible to being spilled by animals or wind or other elements.

(c) Except as is provided in Subsection (d) of this Section, it is unlawful for the owner of any property to permit weeds and grasses to grow upon such property to a height of more than six (6) inches; provided, however, that this Subsection (c) shall not be applicable to any ornamental grass so long as it is used solely, or in combination with any other ornamental grass or grasses, as a supplement to the property's overall landscaped area and does not constitute in square footage more than twenty (20) percent of the property's overall landscaped area.

(d) It is unlawful for the owner of any open area, ditch, ditch right-of-way or railroad right-of-way to allow the growth of weeds or grasses other than those grown for agricultural purposes upon such open area, ditch or right-of-way in excess of twelve (12) inches in height.

(e) It is unlawful for the owner or occupant of any property to permit the growth of noxious weeds as designated by the Colorado Weed Law or Larimer County Weed District, regardless of height.

(f) No person shall cause or allow the disposal of refuse or rubbish by burning except in an incinerator that is designed for such purpose and pursuant to an operating permit from the State Department of Public Health and Environment. In no event may rubbish or refuse be burned in a stove or fireplace except for clean, dry, untreated wood.

(g) No person shall, for a period longer than twenty-four (24) hours at any one (1) time, store or permit to remain on any business, commercial or industrial premises owned or occupied by such person, any manure, refuse, animal or vegetable matter or any foul or noxious liquid waste which is likely to become putrid, offensive or injurious to the public health, safety or welfare.

(h) No owner or occupant of any premises which are adjacent to any portion of an open area, vacant lot, ditch, detention pond, storm drain or watercourse shall cause the accumulation of refuse, rubbish or storage of any material within or upon such adjacent areas.

(i) The property owners and the prime contractors in charge of any construction site shall maintain the construction site in such a manner that refuse and rubbish will be prevented from being carried by the elements to adjoining premises. All refuse and rubbish from construction or related activities shall be picked up at the end of each workday and placed in containers which will prevent refuse and rubbish from being carried by the elements to adjoining premises.

(j) The accumulation of refuse and rubbish which constitutes or may create a fire, health or safety hazard or harborage for rodents is unlawful and is hereby declared to be a nuisance.

(k) The owner or occupant of any premises within the City, whether business, commercial, industrial or residential premises, shall maintain the property in a neat, tidy, methodical, systematic, clean and orderly condition, permitting no deposit or accumulation of materials other than those ordinarily attendant upon the use for which the premises are legally intended. If a property is used for a purpose (including, without limitation, a junkyard) which, by its fundamental nature, cannot be maintained as required above, then, in lieu thereof, such property, or any affected portion thereof, shall be completely screened from public view and from the view of any abutting property that is used for residential purposes.

(Code 1972, § 79-7; Ord. No. 184, 1986, § 2(79-7(A)—(D)), 11-18-86; Ord. No. 89, 1994, § 3, 6-21-94; Ord. No. 51, 2000, § 8, 5-16-00; Ord. No. 104, 2000, §§ 2, 3, 9-5-00; Ord. No. 198, 2006, § 14, 12-19-06)

Sec. 20-42.5. Outdoor furniture restriction; defenses.

(a) Keeping upholstered furniture which is not manufactured for outdoor use in outdoor areas where such furniture is visible to neighbors and passersby in the public right-of-way is hereby declared to be a nuisance. Accordingly, no person shall place, use, keep, store or maintain any upholstered furniture not manufactured for outdoor use, including, without limitation, upholstered chairs, upholstered couches and mattresses, in or on any porch, patio or other unenclosed structure where such furniture is visible from a public right-of-way or from the ground level of adjacent property, and no property owner or property manager shall knowingly permit any such activity to occur on property owned or managed by such person.

(b) The following shall constitute specific defenses to any alleged violation of this Section:

(1) That such furniture was placed in the location in question in order to allow it to be moved during a move of a resident or residents of the premises or has been removed as part of a trash or recycling program on a day scheduled for such moving or removal.

(2) That such furniture was temporarily placed in the location in question in order that it be offered for sale at a yard or garage sale if each of the following conditions exists; provided, however, that this defense shall not apply if upholstered furniture is located in an outside location for more than two (2) days in any six-month period:

a. The furniture is located in an outside location only between the hours of 7:00 a.m. and 5:00 p.m.;

b. The person attempting to sell the furniture, or that person's agent, is outside during the period of the yard or garage sale in order to monitor the sale; and

c. A sign is placed on or near the furniture indicating that it is for sale.

(Ord. No. 128, 2002, § 3, 9-17-02; Ord. No. 029, 2004 § 2, 3-2-04; Ord. No. 198, 2006, § 15, 12-19-06)

Sec. 20-42.6. Outdoor storage of materials.

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, if such materials, whether or not sheltered or covered or within a carport or other partially enclosed structure, are visible from any public street, sidewalk, alley or from the ground level of abutting properties. The storage of materials within a garage or other fully enclosed structure shall not be considered outdoor storage for the purposes of this provision. 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.

(Ord. No. 075, 2004, 6-1-04)

Sec. 20-43. Wildlife habitat, certified natural areas and compost exceptions.

(a) An owner of a tract of land that has been certified as a backyard wildlife habitat may have a brush pile not to exceed eight (8) feet by eight (8) feet wide by three (3) feet in height if it is permitted by the terms of the backyard wildlife habitat certification or the natural areas certification.

(b) An owner of a tract of land that has been certified as a natural area is permitted to have grasses growing in excess of twelve (12) inches high. This exception will be limited to the grass species and areas of the site identified with the certification document.

(c) An occupant of any single-family or two-family residence may maintain a compost pile that is a separated area containing alternate layers of plant refuse materials and soil maintained to facilitate decomposition and produce organic material to be used as a soil conditioner. Any such compost pile shall be so maintained as to prevent it becoming a nuisance by putrefying or attracting insects or animals.

(Ord. No. 184, 1986, § 2(79-7(E)), 11-18-86; Ord. No. 89, 1994, § 3, 6-21-94; Ord. No. 51, 2000, § 9, 5-16-00; Ord. No. 104, 2000, § 4, 9-5-00; Ord. No. 198, 2006, § 16, 12-19-06)

Sec. 20-44. Notice of violation; removal authority and procedure; assessment lien on property.

(a) The Neighborhood and Building Services Director 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 may be 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 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 Director of Neighborhood and Building Services 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 Director of Neighborhood and Building Services 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.

(c) 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 Director of Neighborhood and Building Services, 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 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.

(Ord. No. 184, 1986, § 2(79-8), 11-18-86; Ord. No. 141, 1990, §§ 1, 2, 1-15-91; Ord. No. 89, 1994, § 3[4], 6-21-94; Ord. No. 156, 1997, 11-4-97; Ord. No. 51, 2000, § 10, 5-16-00; Ord. No. 52, 2002, § 1, 4-16-02; Ord. 074, 2004, 5-18-04; Ord. No. 198, 2006, § 17, 12-19-06; Ord. No. 131, 2007, § 1, 11-20-07)

Sec. 20-45. Violations and penalties.

Any person who violates any provision of this Article, except Subsections 20-42(f) and 20-42(j), commits a civil infraction and is subject to a civil penalty, costs and fees as provided for in § 1-15. Any person who violates Subsections 20-42(f) or 20-42(j) commits a misdemeanor criminal offense and is subject to a penalty or imprisonment, costs and fees and any other orders imposed in accordance with § 1-15. If a person commits three (3) or more violations in twelve (12) consecutive months of any other provision of this Code classified as a civil infraction, the third such violation and any subsequent violations within said twelve-month period shall also constitute a misdemeanor criminal offense subject to §1-15.

(Ord. No. 141, 1990, § 3, 1-15-91; Ord. No. 8, 1996, § 4, 2-20-96; Ord. No. 130, 2002, § 8, 9-17-02; Ord. No. 198, 2006, § 18, 12-19-06)

Secs. 20-46—20-60. Reserved.

ARTICLE V.
DIRT, DEBRIS AND CONSTRUCTION WASTE*

Sec. 20-61. Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

City Manager shall mean the City Manager or the designated representative of the City Manager.

Dirt, debris, construction waste shall mean common earth, salvage material, refuse, garbage, rubbish or other waste materials associated with or resulting directly or indirectly from construction activity or process.

Street or right-of-way shall mean the entire width between the dedicated or deeded boundary lines of every way publicly maintained when any part thereof is open to the use of the public for the purposes of vehicular, bicycle or pedestrian travel; or the entire width of every way declared to be a public street or highway by any law of the State. Street or right-of-way is further defined as any street on which a certificate of occupancy has been issued for more than one (1) address or a street approved and accepted by the City.

Vehicle shall mean every device in, upon or by which any person, property or material is or may be transported or drawn upon a street or right-of-way, except devices moved by human power.

(Code 1972, § 79-11)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 20-62. Depositing on streets prohibited.

No person shall allow the tracking, dropping or depositing of dirt, debris, construction waste or any other material by or from any vehicle onto any street or right-of-way as defined herein. If the tracking, dropping or depositing occurs, the person responsible shall promptly remove all material and return the street or right-of-way to its prior condition.

(Code 1972, § 79-12(A))

Sec. 20-63. Removal of all debris required.

No person engaging in activity at a construction site or operation area in conjunction with construction activity shall allow the street or right-of-way to accumulate construction materials, waste material, debris or rubbish as the result of the construction activity. Such person shall remove all construction materials, waste material, debris, rubbish, tools, construction equipment, machinery and surplus materials from the street or right-of-way if public access to the street or right-of-way is restricted in any manner.

(Code 1972, § 79-12(B))

Sec. 20-64. Responsibility for such nuisance.

Any person functioning as a general contractor or superintendent with overall construction responsibilities and/or supervision of the construction site or operation area shall be held responsible for any violations of the provisions of this Article by any agents, employees, subcontractors or haulers of materials or supplies to and from the construction site.

(Code 1972, § 79-12(C))

Cross-reference—Contractors, § 15-151 et seq.

Sec. 20-65. Removal by City.

Such deposits of dirt, debris or other materials are hereby declared to constitute a nuisance and hazard to the public. The City Manager may remove the deposits or materials and charge the general contractor, superintendent, owner of the property on which the work is being performed or other person responsible for the full cost of such removal. Until such charge has been fully paid, no such contractor, superintendent, owner or other responsible person shall be entitled to obtain further construction-related permits or certificates from the City.

(Code 1972, § 79-12(D); Ord. No. 184, 1986, § 5, 11-18-86)

Sec. 20-66. Penalty.

Any person who violates any of the provisions of this Article commits a misdemeanor and shall be subject to a fine or imprisonment in accordance with § 1-15.

(Code 1972, § 79-12(E))

Cross-reference—General penalty, § 1-15.

Secs. 20-67—20-80. Reserved.

ARTICLE VI.
JUNKED, WRECKED, ABANDONED, INOPERABLE PROPERTY*

DIVISION 1. GENERALLY

Secs. 20-81—20-90. Reserved.

DIVISION 2. INOPERABLE MOTOR VEHICLES

Sec. 20-91. Definitions.

The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section:

Inoperable motor vehicle shall mean any motor vehicle that does not have a current license plate and validation sticker lawfully affixed thereto or that is in a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purpose for which it was originally constructed.

Motor vehicle shall mean any self-propelled vehicle which as originally built contained an engine, regardless of whether it contains an engine at any other time, including, without limitation, automobiles, trucks, buses, motor homes, motorized campers, motorcycles, motor scooters, tractors, snowmobiles, dune buggies and other off-the-road vehicles.

Property includes, in addition to the owner's lot or tract of land, whether improved or vacant, the area to the center of an alley abutting the lot or tract of land, if any, all easements of record, and the sidewalk, curb, gutter and parking area of any street abutting such lot or tract of land.

Unsheltered shall mean located outside a garage or other building in such a manner as to be visible to a person standing upon any public street, alley, sidewalk or right-of-way or to any person standing at ground level upon any adjoining piece of property.

(Ord. No. 183, 1986, § 1(54-2), 11-18-86)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 20-92. Unsheltered storage prohibited.

The unsheltered storage of an inoperable motor vehicle for thirty (30) days or more on any private property within the City is hereby declared to be a nuisance and dangerous to the public health, safety and welfare. An inoperable motor vehicle not located in a garage or other building shall be placed behind screening of sufficient size, strength and density, such as a solid fence, trees or shrubbery, to screen it from ordinary public view and to prohibit ready access to such vehicle by children.

(Ord. No. 183, 1986, § 1(54-21(a)), 11-18-86)

Sec. 20-93. Exceptions.

This Article does not apply to a motor vehicle which is a collector's item or parts car as defined in C.R.S. 42-12-101 and which is licensed and stored in compliance with the provisions of state law, in particular C.R.S. 42-12-101 et seq. Nor does this Article apply to any person who is conducting an automobile sales, storage or repair enterprise operated in compliance with existing zoning regulations when the storage is necessary to the operation of such business enterprise. These exceptions for collector's items and certain lawfully conducted business enterprises are affirmative defenses to be pled and proved by the defendant in any judicial proceedings under this Article.

(Ord. No. 183, 1986, § 1(54-21(b)), 11-18-86)

Sec. 20-94. Sheltered or exempt vehicles must comply with other nuisance provisions.

Nothing in this Article shall be construed to permit exempt or sheltered storage of inoperable motor vehicles to be conducted in such manner as to constitute a public nuisance under other provisions of this Code, including without limitation allowing accumulation of refuse and rubbish and growth of weeds and brush in and about the storage area, breeding of insects and rodents or direct danger to persons from broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or supports or explosion hazard.

(Ord. No. 183, 1986, § 1(54-21(c)), 11-18-86; Ord. No. 198, 2006, § 19, 12-19-06)

Sec. 20-95. Abatement; removal.

The owner and the occupant of the private property on which the unsheltered storage is occurring and the owner of the inoperable motor vehicle in question are jointly and severally responsible to abate the nuisance. Every person who fails, neglects or refuses to abate the nuisance commits a civil infraction. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. The payment of any penalty does not exempt the offender from compliance with the requirements of this Article. No person, after abatement notification has been given, shall move the inoperable motor vehicle in question to any other private property upon which storage of such vehicle is not permitted or onto any public property or right-of-way.

(Ord. No. 183, 1986, § 1(54-22), 11-18-86; Ord. No. 198, 2006, § 20, 12-19-06)

Sec. 20-96. Violations and penalties.

Any person who violates any provision of this Article commits a civil infraction and is subject to a civil penalty, costs and fees as provided for in § 1-15. If a person commits three (3) or more violations in twelve (12) consecutive months of any provision of this Code classified as a civil infraction, the third such violation and any subsequent violations within said twelve-month period shall constitute a misdemeanor criminal offense and shall be subject to a penalty or imprisonment, costs and fees and any other orders imposed in accordance with § 1-15.

(Ord. No. 198, 2006, § 21, 12-19-06)

Secs. 20-97—20-99. Reserved.

ARTICLE VII.
SNOW OBSTRUCTIONS*

Sec. 20-100. Nuisance declared and prohibited; penalty.

The placement, moving or transporting of snow by any person from privately owned property that is not used for residential purposes onto any street or right-of-way (as that term is defined in § 20-61 of this Chapter) is hereby declared to constitute a nuisance as a snow obstruction, and a hazard to the public health and safety. No person shall place, move or transport, or cause any other person to place, move or transport, snow from privately owned property that is not used for residential purposes onto any street or right-of-way (as that term is defined in § 20-61 of this Chapter). Any person who violates any provision of this Article commits a civil infraction and is subject to a civil penalty, costs and fees as provided for in § 1-15. Any person who commits three (3) or more violations in twelve (12) consecutive months of any provision of this Code classified as a civil infraction, the third such violation and any subsequent violations within said twelve-month period shall constitute a misdemeanor criminal offense and is subject to a penalty or imprisonment, costs and fees and any other orders imposed in accordance with § 1-15.

(Ord. No. 141, 1990, § 4, 1-15-91; Ord. No. 198, 2006, § 22, 12-19-06)

Sec. 20-101. Removal by City; lien.

(a) The City Manager may, upon the discovery of any such placement, moving or transporting of snow onto a street or right-of-way, immediately have the hazard corrected by removal of such snow from such street or right-of-way; and the cost of such removal, including the cost of inspection and other incidental costs in connection therewith, including the costs for carrying charges and costs of administration, shall be assessed against the property abutting upon or adjacent to the snow obstruction and the owner thereof.

(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 Director of Neighborhood and Building Services, 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 Director of Neighborhood and Building Services, 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 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.

(Ord. No. 141, 1990, § 4, 1-15-91; Ord. No. 198, 2006, § 23, 12-19-06; Ord. No. 131, 2007, § 2, 11-20-07)

Secs. 20-102—20-103. Reserved.

ARTICLE VIII.
PARKING

Sec. 20-104. Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Lot shall mean a designated parcel, tract or area of land established by plat, subdivision or otherwise permitted by law to be used, occupied or designed to be occupied by one (1) or more buildings, structures or uses, and which abuts a dedicated right-of-way, private street or private drive, any of which is at least twenty (20) feet wide at all points.

Motor vehicle shall mean any self-propelled vehicle which is designed primarily for the transportation of persons and/or property over public roads and commonly used for such purpose, but does not include motorized bicycles, wheelchairs or vehicles moved solely by human power.

Recreational vehicle shall mean a self-propelled vehicle, which is used, designed to be used or modified to be used for recreation, camping, travel or seasonal activities, including but not limited to motor homes, truck campers, busses, all-terrain vehicles, snowmobiles, boats or other watercraft.

Trailer shall mean any type of wheeled vehicle that is pulled, or designed or modified to be pulled, by a motor vehicle, including but not limited to travel trailers, fifth wheels, camping trailers, tent trailers, horse trailers, boat trailers, utility trailers and semi-trailers. Trailer shall also include camper shells and truck toppers and other like items designed to be attached to a wheeled vehicle for recreational, camping, travel or seasonal activity purposes.

Yard shall mean the open space between buildings and property lines at the front, rear and sides of a property. The front yard shall be considered to be the yard between the street abutting the lot and an imaginary line running along the front edge of the building closest to the street and extending to the side property lines. On a corner lot, the front yard shall be considered to be the yard abutting the shorter street right-of-way. The rear yard shall be considered to be the area located on the opposite side of the lot from the front yard. The side yard shall be considered to be that portion of the yard which is neither the front nor the rear yard.

(Ord. No. 030, 2004, § 1, 3-2-04; Ord. No. 201, 2006 § 1, 12-19-06)

Sec. 20-105. Parking and storage of motor vehicles and recreational vehicles; nuisance declared and prohibited.

(a) No person shall park or store, or knowingly permit to be parked or stored, any unsheltered motor vehicle, trailer or recreational vehicle other than one (1) motorcycle or moped in any yard of any residential lot for any purpose except the washing of such motor vehicle, trailer or recreational vehicle, unless such vehicle is owned by the owner or occupant of the residential lot and is parked:

(1) on a portion of the lot which provides direct access to a garage from a street; or

(2) on an improved area having a surface of asphalt, concrete, rock, gravel or other similar inorganic material, with a permanent border that defines the parking area and that is designed and constructed to prevent loose material, such as rock or gravel, from spilling onto any abutting public street or sidewalk; or

(3) in a side or backyard placed behind sufficient screening, such as a solid fence, masonry wall or shrubbery, no less than six (6) feet high.

(b) No person shall store or park any vehicle or trailer in such a manner as to obstruct or interfere with pedestrian or vehicle traffic or the view of any intersection or official traffic control device.

(c) The parking of a motor vehicle, trailer or recreational vehicle in violation of this Section is hereby declared to constitute a nuisance.

(d) No yard area that is improved after October 10, 2002, to allow for the parking of motor vehicles, recreational vehicles or trailers shall constitute more than forty (40) percent of any front yard unless said improved area abuts only a street upon which parking is prohibited.

(Ord. No. 140, 2002, § 1, 10-1-02; Ord. No. 030, 2004, § 2, 3-2-04; Ord. 201, 2006, § 2, 12-19-06)

Sec. 20-106. Right of entry granted.

(a) Code enforcement officers and police officers are hereby authorized to enter upon any premises in the City, excluding the interior of a dwelling unit or other enclosed building, for the purpose of affixing a summons or civil citation to a vehicle or trailer subject to this Article parked in violation of § 20-105.

(b) Whenever any vehicle or trailer subject to this Article without a driver is found parked, stored or stopped in violation of § 20-105, the Code Enforcement Officer or police officer finding such vehicle or trailer shall take its registration number and any other information displayed on the vehicle or trailer which may identify its user and shall conspicuously affix to the vehicle or trailer a summons or civil citation notice directing the driver to respond and answer the charge at a place and time specified in said notice.

(c) In any prosecution charging a violation of any provision of this Section, proof that the particular vehicle or trailer described in the notice was parked in violation of such provision, together with proof that the defendant named in the notice was at the time of such violation the registered owner of the vehicle or trailer, or was an owner or occupant of the premises upon which the vehicle was found, shall constitute prima facie evidence that the registered owner or premises occupant was the person who parked or permitted the parking of the vehicle or trailer at the time and place of the violation.

(d) If the driver or owner of a vehicle or trailer charged with a violation of § 20-105 fails to respond to a summons or civil citation affixed to such vehicle or trailer, by appearance or payment pursuant to § 19-67, then default judgment will enter under § 19-73.

(e) This Section provides an alternative method for service of a summons upon the owners of vehicles and trailers required to be registered by law. Nothing in this Section shall preclude a Code Enforcement Officer or police officer from serving a municipal summons or citation in any other manner permitted by law.

(Ord. No. 030, 2004, § 3, 3-2-04; Ord. 201, 2006, § 3, 12-19-06)

Sec. 20-107. Violations and penalties.

(Ord. No. 198, 2006, § 25, 12-19-06)

Secs. 20-108—20-109. Reserved.

ARTICLE IX.
ABATEMENT OF PUBLIC NUISANCES

Sec. 20-110. Legislative purpose.

The abatement of local public nuisances for the protection of public health, safety and welfare is a matter of purely local and municipal concern. The purpose of this Article is to eliminate public nuisances. The remedies provided in this Article are designed to eliminate public nuisances by removing parcels of real property from a condition that consistently and repeatedly violates municipal law; to make property owners vigilant in preventing public nuisances on or in their property; to make them responsible for the use of their property by tenants, guests and occupants; and to otherwise deter public nuisances.

(Ord. No. 28, 2000, 4-4-00)

Sec. 20-111. Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Abate shall mean to bring to a halt, eliminate or, where that is not possible or feasible, to suppress, reduce and minimize.

Building shall mean a structure which has the capacity to contain, and is designed for the shelter of, man, animals or property. Building shall include any house, office building, store, warehouse or structure of any kind, whether or not such structure is permanently affixed to the ground upon which it is situated, and any trailer, semi-trailer, trailer coach, mobile home or other vehicle designed or used for occupancy by persons for any purpose.

Leasehold interest shall mean a lessor's or lessee's interest in real property under a verbal or written lease agreement.

Legal or equitable interest shall mean and include every legal and equitable interest, title, estate, tenancy and right of possession recognized by law or equity, including but not limited to freeholds, life estates, future interests, condominium rights, time-share rights, leaseholds, easements, licenses, liens, deeds of trust, contractual rights, mortgages, security interests, and any right or obligation to manage or act as agent or trustee for any person holding any of the foregoing.

Municipal Court or Court shall mean the Municipal Court of the City as established in Article VII of the Charter.

Notice of violation shall mean a written notice advising the owner(s), property managers(s), if any, and tenant(s) or occupant(s) of a parcel that the parcel, such persons and other affected persons may be subject to proceedings under this Article if the remaining number of separate violations needed to declare the parcel a public nuisance under this Article occur in or on the parcel within the required period of time. Such written notice shall be deemed sufficient if sent by certified mail to the parcel, addressed to the owner(s) by name and to "all tenants and/or occupants" and to the owner(s) and property manager(s), if any, at any different address as shown in the records of the City, including utility, licensing or permit records or as shown in the records of the Larimer County Assessor or of the County Clerk and Recorder. Each notice of violation shall be limited to one (1) separate violation.

Nuisance Abatement Officer shall mean a person appointed by the City Manager to coordinate the enforcement efforts of the City related to the provisions of this Article.

Ownership interest shall mean a fee interest in title to real property.

Parcel shall mean any lot or other unit of real property, including, without limitation, individual apartment units, or any combination of contiguous lots or units owned by the same person or persons or entity or entities. Parcel shall not include premises for which a license has been issued under § 3-71 of this Code and shall not include premises owned by the State Board of Agriculture and utilized by Colorado State University for the housing of students or faculty or for other educational purposes.

Person shall mean any individual, corporation, association, firm, joint venture, estate, trust, business trust, syndicate, fiduciary, partnership, limited partnership, limited liability company and body politic and corporate, and all other groups and combinations.

Real property or property shall mean land and all improvements, buildings and structures, and all estates, rights and interests, legal or equitable, in the same, including but not limited to all forms of ownership and title, future interests, condominium rights, time-share rights, easements, water rights, mineral rights, oil and gas rights, space rights and air rights.

Relative shall mean an individual related by consanguinity within the third degree as determined by common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in a step or adoptive relationship within the third degree.

Separate violation(s) shall mean any act or omission that constitutes a violation of the Code if the act or omission occurs under any of the following circumstances:

(1) the conduct of the persons committing the violation was such as to annoy or disturb the peace of the residents in the vicinity of the parcel or of passersby on the public streets, sidewalks and rights-of-way in the vicinity of the parcel; or

(2) the violation constitutes a public nuisance under any section of this Chapter; or

(3) the condition of the parcel upon which the violation occurred was, at the time of the violation, injurious or harmful to the health, safety or welfare of the occupants, neighbors thereof or citizens of the City.

An ongoing and uninterrupted violation shall be deemed to have been committed only on the last day during which all the necessary elements of the violation existed; and (2) multiple violations committed within any twenty-four-hour period of time on or in the same parcel shall be considered a single separate violation, irrespective of whether the violations are otherwise related to each other by some underlying unity of purpose or scheme.

(Ord. No. 28, 2000, 4-4-00; Ord. No. 072, 2004 § 1, 5-18-04; Ord. No. 127, 2005, § 1, 11-15-05)

Sec. 20-112. Nature of remedies.

Notwithstanding the provisions of § 1-15 of this Code, the remedies provided in this Article shall be civil and remedial in nature except that, if any person knowingly fails or refuses to abide by a temporary or permanent abatement order issued by the Municipal Court under the provisions of this Article, such person shall be guilty of a misdemeanor and, upon conviction, shall be punished by the penalties provided in § 1-15.

(Ord. No. 28, 2000, 4-4-00)

Sec. 20-113. In general.

(a) No person having an ownership or leasehold interest in any parcel, or having a contractual obligation to manage such parcel, or occupying such parcel, shall commit, conduct, promote, facilitate, permit, fail to prevent or otherwise let happen any public nuisance in or on such parcel. Such persons shall abate any public nuisance upon the parcel and prevent any public nuisance from occurring on the parcel.

(b) The Nuisance Abatement Officer or any other City code enforcement officer or police officer may, without a Court order, take reasonable steps to abate a public nuisance and prevent it from recurring as long as the same may be accomplished without entering any enclosed building upon the parcel.

(c) Except as provided below, a public nuisance shall mean the condition or use of any parcel within the City limits, on or in which three (3) or more separate violations have occurred within a twelve-month period or five (5) or more separate violations have occurred within a twenty-four-month period if, within thirty (30) days of each such separate violation needed to prove a public nuisance under this Article, the City has sent by certified mail to the owners, property manager(s) and tenants or occupants of the parcel, a notice of violation; provided, however, that if an owner or property manager of a parcel has filed an eviction action in a court of competent jurisdiction after receiving notice of a second violation seeking to evict from the parcel those persons whom the owner reasonably believes have been responsible for the most recent previous separate violation(s) on the parcel, then the last separate violation must have occurred no less than forty-five (45) days after the date of mailing of the last notice of violation.

(1) Two (2) or more separate violations of the same section of the Code have occurred on the parcel within a six-month period;

(2) The Nuisance Abatement Officer, in his or her discretion, has requested a hearing before the City Manager and has so notified the owner, occupant and/or property manager of such parcel (if known to the City); and

(3) Any owner, tenant and/or property manager appearing at such hearing has failed to demonstrate, to the satisfaction of the City Manager, that he or she has undertaken and proceeded with due diligence to use reasonable means to avoid a recurrence of similar violations on the parcel by the present or future tenants or occupants of the parcel, and the City Manager determines that a public nuisance exists on such parcel. In making this determination, the City Manager shall be guided by, but not limited to, the criteria contained in Paragraphs 20-116(a)(1) and (2).

The City Manager shall adopt administrative regulations establishing standards to be used by the Nuisance Abatement Officer in determining whether to request such a hearing, as well as procedures for scheduling and conducting the same, which procedures shall afford the affected property owners, occupants and/or property managers reasonable notice and an opportunity to be heard. The standards to be used by the Nuisance Abatement Officer in determining whether to request a hearing shall include, but need not be limited to, the period of time between the separate violations, the owner's or property manager's response to the first notice of violation, and any aggravating circumstances related to either violation. If the owner, tenant and property manager all fail to appear at such hearing, after reasonable notice, or if the City Manager determines, after such hearing, that a public nuisance exists on a parcel pursuant to the provisions of this Subsection, the City may commence a public nuisance action under § 20-115 on the basis of the two (2) separate violations and no additional separate violations. Nothing herein shall be construed to relieve the City of the obligation to send, by certified mail, notices of the two (2) violations as required above.

(Ord. No. 28, 2000, 4-4-00; Ord. No. 072, 2004, §2, 5-18-04; Ord. No. 127, 2005, § 2, 11-15-05)

Sec. 20-114. Procedures in general.

(a) Pursuant to Article XX, Section 6, and Article VI, Section 1 of the Colorado Constitution, and Article VII, Section 1 of the Charter, the Municipal Court is hereby granted the jurisdiction, duties and powers to hear and decide all causes arising under this Article, and to provide the remedies specified herein.

(b) Any civil action commenced under this Article shall be in the nature of a special statutory proceeding. All issues of fact and law in such civil actions shall be tried to the Court without a jury. No equitable defenses may be set up or maintained in any such action except as provided in Subsection 20-116(a) below. Injunctive remedies under this Article may be directed toward the parcel or toward a particular person.

(c) Public nuisances under the provisions of this Article shall be strict liability violations. No culpable mental state of any type or degree shall be required to establish a public nuisance under this Article or to obtain Court approval for the remedies provided under this Article except that, if a separate violation used by the City to establish the existence of a public nuisance has not been previously adjudicated, all of the elements of such separate violations, including any culpable mental state required for the commission of such separate violations, must be established by the City by a preponderance of the evidence at the trial on the merits of any civil action commenced under this Article.

(d) Proceedings under this Article shall generally be governed by the Colorado Rules of County Court Civil Procedure unless this Article provides a more specific rule; provided, however, that with respect to the rules related to injunctions, Rule 65 of the Colorado Rules of Civil Procedure shall control rather than Rule 365 of the Colorado Rules of County Court Civil Procedure. Where this Article, the Colorado Rules of Civil Procedure or the Colorado Rules of County Court Civil Procedure fail to state a rule of decision, the Court shall first look to the Public Nuisance Abatement Act, § 16-13-301 et seq., C.R.S., and the cases decided thereunder.

(e) Actions under this Article shall be filed by the Office of the City Attorney for the City.

(f) In the event that the City pursues any criminal penalties provided in any other section of this Code, any other civil remedies or the remedies of any administrative action, the remedies in this Article shall not be delayed or held in abeyance pending the outcome of any proceedings in the criminal, civil or administrative action, or any action filed by any other person, unless all parties to the action under this Article so stipulate.

(g) Actions under this Article may be consolidated with another civil action under this Article involving the same parcel of real property. Actions under this Article shall not be consolidated with any other civil or criminal action except upon the stipulation of all parties. No party may file any counterclaim, cross-claim, third-party claim or set-off of any kind in any action under this Article.

(Ord. No. 28, 2000, 4-4-00)

Sec. 20-115. Posting of notice of commencement of public nuisance actions.

(a) Posting of notice.

(1) Upon service of the verified complaint or complaint by affidavit referred to below, the Nuisance Abatement Officer shall post a notice at some prominent pl