The City of Fruita's Code Enforcement program is part of the Community Development Department and the number one goal of the Code Enforcement Officer, as stated in the Fruita Municipal Code; Chapter 2.25, is to reduce the number of violations through better community education; using Homeowner's meetings, publications, handouts, this webpage and/or talking to residents, builders and developers as well as maintain an excellent quality of life for Fruita residents through aggressive, yet equitable, enforcement of the Fruita Municipal and Land Use Codes. When there is an apparent code violation, the main goal becomes attaining voluntary compliance with the code. The Code Enforcement Program relies on pro-active observation and outside complaints to identify areas in violation. Code Enforcement also looks for unpermitted construction within the city; such as fences, sheds, remodels, re-roofs, etc. not having the required planning clearance and notifies responsible parties of applicable requirements. Code Enforcement is located in the Community Development Department at 325 E. Aspen Ave, Fruita, CO 81521; (970) 858-0763; Email: jlange@fruita.org
Complaints can be filed either in person, by phone, mail, or e-mail. You can remain anonymous or request a follow-up contact.

Code Enforcement Annual Report
City of Fruita Land Use Code
City of Fruita Municipal Code

Code Enforcement regulates and handles the following (Click on a heading for more information):

Abandoned/Junk Vehicles on Private Property (junk vehicles on a street are handled by the police department)

The City of Fruita defines a junk vehicle as "Any motor vehicle, trailer, or semi-trailer that is not operable in its existing condition because of damage or because parts necessary for operation are removed, damaged or deteriorated; or, is not capable of being lawfully driven on a public highway or street pursuant to the minimum standards set forth in Title 42 of the Colorado Revised Statues. Any such motor vehicle, trailer, or semi-trailer shall be presumed to be a junk vehicle if no current Colorado license plates are displayed thereon, or if Colorado license plates have been invalid for more that sixty (60) days."
Abandoning a vehicle any where within the Fruita city limits is prohibited, as is keeping any partially disassembled, dismantled, wrecked, junked, abandoned or discarded vehicle on your property for longer than fifteen (15) days. Exceptions to this provision can be found in the Fruita Municipal Code, Chapter 10.12 ABANDONED VEHICLES.

See Also:
Outdoor Storage, this page
Public Nuisances, this page

Building Permits (buildings, fences, sheds, etc.)

PLANNING CLEARANCES Pursuant to 17.13.020 the City of Fruita requires planning clearance approval prior to commencing the construction, erection, moving or altering any building, fence or other substantial structure. An approved planning clearance is also required for any work done in Fruita requiring a Mesa County building permit, such as utility upgrades, wood burning stoves, re-roofs (with tear off), new windows, etc. If in doubt contact the Community Development Department.
ACCESSORY STRUCTURES: sheds (including pre-built on skids), greater than eighty (80) square feet, covered porches, carports, covered gazebos, covered patios and the like all require planning clearance approval. All structures of two-hundred (200) square feet or more also require a Mesa County building permit. Any size structure that contains electrical or plumbing requires a Mesa County building permit. For building setbacks and height restrictions contact the Community Development Department.
FENCES: No fence should be constructed without first procuring a planning clearance. Existing fences may be repaired or replaced (with like materials) without procuring a planning clearance; any substantial alteration in placement, height or materials requires a planning clearance. See Fruita Land Use Code;17.07.070 (H) FENCES for specific fence requirements.

Certificate of Occupancy Inspections

Pursuant to the following code no building may be occupied until all the requirements imposed on the construction of such building have been complied with and a Certificate of Occupancy Inspection performed and accepted.
17.05.020 NO USE OR OCCUPANCY UNTIL REQUIREMENTS FULFILLED. Issuance of a land use permit or approval authorizes the recipient to commence the activity resulting in a change of use of the land or, subject to obtaining a planning clearance for a building permit if required pursuant to this Title 17 of the Fruita Municipal Code, to commence work to construct, erect, move, or substantially alter buildings or other structures or to make necessary improvements to a subdivision. However, except as otherwise permitted in this Title, the intended use may not be commenced, and no building may be occupied, until all of the requirements of this Title and all additional requirements imposed pursuant to the issuance of a permit or approval have been complied with. It shall be within the administrative discretion of the City Manager, Community Development Director and City Engineer to allow the temporary placement of a mobile home, a temporary construction trailer and/or temporarily postpone certain required improvements until seasonable weather permits compliance with applicable requirements.

The Mesa County Building Department performs all building code inspections for the City of Fruita. Fruita requires one additional inspection prior to any building being occupied. Mesa County does not notify Fruita of the need for this inspection, so it must be ordered by contacting the Community Development Department or Code Enforcement. Prior to ordering this final inspection be sure to meet the requirements outlined below:
  1. Builder submits a certified "As-built" plot plan (see below), containing all required information, to the Community Development Department;
  2. Entire lot grading is complete and in accordance with the original Planning Clearance plot plan and approved subdivision grading/drainage plan;
  3. All corner pins are in place and visible (clearly marked);
  4. Adjacent sidewalks, flow-lines of curbs and streets are clean and unobstructed;
  5. All trash, weeds, construction materials and/or debris are removed from site.

Once the above requirements are met, an inspection may be ordered through the Community Development Department. In general, an inspection request placed before noon will be performed the same day; an afternoon request will be performed the next business day. This same time frame applies to any required re-inspection.
The Community Development Department will perform one re-inspection, if needed. If additional inspections are required, a fee may be assessed and need to be paid, prior to the issuance of the Certificate of Occupancy.

Note: Under extraordinary circumstances, the Community Development Department may issue a "Temporary" Certificate of Occupancy. In general, this would only be when weather conditions have prevented proper lot grading and thus, prevent the required "As-built" from being completed. This would not be when corner pins are missing or when sidewalks, streets or the subject lot are not cleaned.

AS-BUILT PLOT PLAN REQUIREMENTS
Prior to receiving Fruita's final inspection, a certified "As-built" plot plan must be submitted to the Community Development Department. The certified plan shall be a photo copy of the original approved plot plan, issued by Fruita, and contain the following additional information (click to view a sample as-built plot plan):
  1. Actual built setbacks (mark through proposed distances, if necessary);
  2. Actual as-built top of foundation elevation;
  3. Actual location and size of all concrete slab work, including driveway, patios, walks, etc.;
  4. Actual as-built spot elevations at property corners, midpoints of side and rear lot lines, and along bottom of drainage swales (mark through proposed elevations, if necessary;
  5. A signed and dated statement certifying that this plot plan is a true and accurate representation of the as-built conditions of the property on the date of certificate; and
  6. The Mesa County Building Permit number.

Garage/Yard Sales

Within the City of Fruita an individual may conduct one Garage or Yard Sale in any one year period and not be obligated to obtain a business license (5.04.040). Pursuant to the code, sale signs are allowed on the lot where the sale is held and may be displayed on other private property with the owner's permission, but must be outside the street right-of-way (see below).
17.41.040(A.) Exempt Signs. The following types of signs are exempt from the permit requirements of this Chapter and may be placed in any zone district subject to the provisions of this Chapter. Such signs shall otherwise be in conformance with all applicable requirements contained in this Chapter. All such signs shall be located outside a street right-of-way. Signs shall not interfere with traffic signs or the sight distance triangle at intersections. Evidence of the property owner's permission to install a sign may be required if the City of Fruita checks for the sign's compliance with this Chapter.
Garage, Estate, Yard Sale or Farm Auction. Signs which advertise a private garage or yard sale on the lot on which the sign is located; provided such signs are displayed no more than twice per year per dwelling unit for a period not to exceed three (3) days.
Signs are not to be affixed to utility poles or traffic control signs, pursuant to the following:

9.12.004 UNLAWFUL ADVERTISING. It shall be unlawful to post, affix, distribute or display advertising in certain ways and places in the City of Fruita. Any person, firm or corporation who performs any of the following commits a noncriminal municipal offense:
A. It shall be unlawful to tack, paste or tie any paper, cardboard, or fabric bills, posters, printed matter, advertisements or announcements on any poles, posts, trees, the outside walls of buildings or fences within the city. Nothing herein contained shall apply to notices required by law to be posted within the city nor to signs or any printed matter or printed advertisements which may be attached to or posted on or in buildings advertising goods for sale therein, or relating to any business therein conducted, nor to signs, bills or posters of any description within a building or tacked or posted to a signboard, billboard, or bulletin board as provided in Chapter 3.
B. It shall be unlawful to affix any handbill, poster, placard, circular, writing paper or other similar device on any public or private property without permission from the owner, tenant or occupant of the same.
C. It shall be unlawful to post, affix or distribute any handbill, poster, placard, circular, writing paper or similar device in any vehicle or in such a manner that it is liable to be blown or scattered about the city.
D. It shall be unlawful to post or display upon any such billboard, signboard, bulletin board, advertising sign or structure, any indecent, immoral or lascivious picture or design.

Home Occupation Permits

Pursuant to Fruita Municipal Code;
5.04 BUSINESS LICENSES IN GENERAL every person engaged in business shall pay an annual licensing fee to the City of Fruita. Those individuals engaged in business at or conducting business activities from their residential property shall also obtain a Home Occupation Permit from the Community Development Department.
Some business types and activities are not appropriate for some zones; the standards are listed on the permit application. The applicant's property and activities will be inspected prior to issuance of the permit and Business License. The Home Occupation Permit application and Business License Application are both available for printing by clicking the appropriate link.

See Also:
Administration Home Page

Outdoor Storage

Vehicles, trailers, recreational vehicles, campers, building materials, etc.
Pursuant to 17.07.070(K.) vehicles and trailers cannot be permanently stored in the front yard or the street side yard of a corner lot.
  1. No portion of any required residential front yard or any portion of a residential side yard on the street side of a corner lot shall be used for the permanent storage of a trailer, airplane, boat (or parts of any of the foregoing), recreational vehicles, travel trailers, campers or building materials. Permanent storage, as used in this subsection, means the location of the above-mentioned items for more than forty eight (48) hours during any seven (7) day period in the required front or side yard.
  2. Permanent storage of a trailer, airplane, boat, recreational vehicle, travel trailer, truck camper, camper (or parts of any of the foregoing) within required side yards shall be screened from the abutting property with a sight-obscuring fence, wall, landscaping, or combination of these features at a minimum height of six (6) feet. The Community Development Director may waive the screening requirement where the adjacent property in question is in a commercial or industrial zone and/or compatibility under Section 17.07.080 is otherwise met.

  3. Pursuant to 17.07.070(K.3) permanently storing [outdoors] on a single parcel of land more than one (1) non-farm vehicle, not displaying a current Colorado license plate, is prohibited.

  4. It shall be unlawful to store or otherwise have, maintain or allow on a single parcel of land in the City of Fruita (or on contiguous parcels under the same, or substantially the same, ownership) more than one (1) non farm vehicle not having current Colorado license plates or registration unless the vehicle is in an approved junkyard or other similar use where such vehicle storage is permitted. There shall be no limit on the number of active or serviceable agricultural vehicles on a parcel of land, regardless of whether such vehicles have current registration or license plates; however, the restrictions of one (1) vehicle per parcel of land shall apply to agricultural vehicles which are clearly abandoned or which are not in their present condition suitable for active agricultural use.

Unused machinery, implements, furniture, appliances, tires and other personal property, etc.
Pursuant to 9.11.030 PUBLIC NUISANCES - DEFINED; keeping, depositing or scattering unused or discarded items of any kind may be deemed a public nuisance and bring abatement action pursuant to the following policy.
It is the policy of the City pursuant to Section 31-15- 401(c), C.R.S., that every public nuisance shall be restrained, prevented, abated, and perpetually enjoined. It is the duty of the City Attorney or his designee to bring and maintain an action, pursuant to the provisions of Chapter 9.11, to restrain, prevent, abate, and perpetually enjoin any such public nuisance.

See Also:
Abandoned/Junk Vehicles, this page
Trailer Parking/Occupation, this page
Public Nuisances, this page

Public Nuisance

There are a variety of activities that citizens may feel are a nuisance. Hopefully this page can lead you in the right direction to find answers to your questions or the appropriate contact for filing a complaint.

For such things as Disturbing the Peace, Public Indecency, Trespass, Drinking in Public, Begging, Solicitors/Peddlers, Loitering, Harassment, etc. go to Fruita Municipal Code; Chapter 9.01 PUBLIC PEACE, MORALS AND WELFARE. To file a complaint contact the POLICE.

For the regulations regarding "noise" go to Fruita Municipal Code; Chapter 9.02 NOISE. To file a complaint contact the POLICE.

Regulations regarding Weeds, Tree Care, Garbage, Burning, Wood Stoves, Trailers and Smoking in City Hall are available at Fruita Municipal Code; Title 8 HEALTH AND SAFETY. To file a complaint contact CODE ENFORCEMENT.

There is a broad range of subjects including the city's Public Nuisance ordinance to be found at Fruita Municipal Code; Title 9 PUBLIC PEACE, MORALS AND WELFARE. It is the policy of the City pursuant to Section 31-15- 401(c), C.R.S., that every public nuisance shall be restrained, prevented, abated, and perpetually enjoined. It is the duty of the City Attorney or his designee to bring and maintain an action, pursuant to the provisions of this Chapter, to restrain, prevent, abate, and perpetually enjoin any such public nuisance. Nothing contained in this Chapter shall be construed as an amendment or repeal of any of the criminal laws of this City or the State of Colorado, but the provisions of this Chapter, insofar as they relate to those laws, shall be considered a cumulative right of the people in the enforcement of such laws." (Ord 2005-01). The Fruita Municipal Code; Chapter 9.11 PUBLIC NUISANCES covers violations specifically deemed to be a "public nuisance" that may ultimately require the City of Fruita to restrain, prevent or abate. This ordinance allows the city to seek judgment, injunction or a court order to enforce relief from such violation. Questions or complaints should be directed to Code Enforcement.

See Also:
Abandoned/Junk Vehicles, this page
Outdoor Storage, this page
Street/Sidewalk Obstructions, this page

Signs

The City of Fruita regulates the use, placement, dimensions and design of most signs. These regulations are contained within 17.41 SIGN CODE. Some signs, such as, real estate, garage sale, address, construction, notice boards, etc. are generally exempt as long as they comply with Fruita Land Use Code; Chapter 17.41. No sign, exempt or otherwise, is to be placed within a street right-of-way.

Several sign types are prohibited, such as flashing, roof, off-premises, portable, rotating, inflatable, flags & pennants, etc. A full list is defined in the Fruita Land Use Code; Chapter 17.41.050 PROHIBITED SIGNS.

To ensure compliance with the regulations of the sign code, a sign permit shall be required in order to erect, move, alter, reconstruct or repair any permanent or temporary sign, except signs that are exempt from permits in compliance with Fruita Land Use Code; Chapter17.41.040 (Exempt Signs). In multiple tenant commercial buildings, a separate permit shall be required for each business entity's sign(s). Separate planning clearances for building permits and building and electrical permits may be required for signs and will be determined on a case-by-case basis. Changing or replacing the copy on an existing lawful sign shall not require a permit, provided the copy change does not change the nature of the sign or render the sign in violation of the sign code.

Additional information regarding posting signs can be found under on this page under the Garage/Yard Sales tab.

It is recommended to contact the Community Development department prior to posting or displaying any sign to assure compliance with the code.

Snow Removal on Sidewalks

The City of Fruita provides snow removal on most city streets and some city owned trails. Pursuant to the following Fruita Municipal Codes citizens are responsible to remove snow from the sidewalks adjacent to their property.

9.01.029 DUTY TO CLEAN SIDEWALKS. The owner, or his agent, or the occupant of any premises or property in the city shall maintain those sidewalks adjoining such premises or property in a condition free from snow, ice, mud, dirt, rubbish and filth. Any accumulation of snow and ice shall be removed from such sidewalk into the street within twenty-four (24) hours after every snowfall. Any person who violates this Section commits a noncriminal municipal offense. (Ord.1983-30 part; Ord. 2000-9, S51)

12.16.010 REQUIRED WHERE - TIME LIMITS. Any and all persons owning or occupying any store or other business property in the city contiguous to any sidewalk, shall within two hours after the cessation of any snow or sleet storm, cause the snow, ice or sleet to be removed from the sidewalk lying contiguous to the premises so owned or occupied; provided, that when said snow or sleet shall fall in the nighttime the same shall be removed by ten a.m. of the succeeding day. Any person who violates this Section commits a noncriminal municipal offense. (Ord. 44 Art. 2 S10, 1907; Ord. 2000-9, S97)

Citizens should also be aware that the City Manager can declare a "snow emergency" pursuant to the following section of the code.
12.16.020 SNOW EMERGENCY.
A. During times of heavy snow fall the City Manager, upon his own authority and after consultation with the director of public works, may declare a snow emergency. The declaration of such an emergency will be made by and through all available media. Within two hours of such declaration, it shall be the duty of each and every resident of the City of Fruita to remove their parked vehicles from those city streets designated in the declaration. The declaration of the City Manager may provide that all streets within the City be cleared of parked vehicles. The purpose of such declaration is to allow for a more thorough plowing of the city streets during a heavy snowfall and thereby to allow safer transit upon the streets of the city.
B. After consultation with the director of public works, the City Manager will, as soon as possible after the declaration, declare an end to the snow emergency. The declaration of termination of the snow removal shall be made in the same way as is noted in paragraph A above. The City Manager shall make every effort to limit the hours of snow emergency to the shortest possible time consistent with public safety. After the declaration of termination, city residents may park their vehicles on city streets in accordance with the motor vehicle ordinances of the city.
C. Any person who parks his vehicle upon a City street during the time of a declared snow emergency commits a noncriminal municipal offense. (Ord. 2000-9, S98; Ord. 1984-5)

Street/Sidewalk Obstructions

The City of Fruita Municipal code contains several regulations with regard to obstructing streets and/or sidewalks, whether it is for passage or sight. In general it is a violation to place items (such as hoops, ramps, trash cans, fences or walls, etc.) or allow vegetation (such as trees or shrubs) to grow in a public right-of-way in such a way as to obstruct either the passage or sight line of others. Some of the pertinent sections follow:

8.06.100 PRUNING AND CLEARANCE. Every owner of any tree on their property which overhangs any street, right-of-way, alley, corner, or any other public area or way within the City shall prune the branches so that such branches shall not obstruct the light of a street light, street signs or obstruct the view of any intersection, so that there shall be a clear space of nine feet (9') above the sidewalk or driveway and thirteen feet (13') above the street. Said owners shall remove all dead, diseased, or dangerous branches, or broken or decayed limbs on their trees which constitute a menace to the safety of the public, and shall bear the full financial burden of removal. (Ord. 1993-19)

8.08.080(D.3) When containers are required to be placed at the front of the premises, one part of such containers and receptacles shall be located within twelve inches (12") of the yard edge of the front sidewalk or curb, but in no case shall such containers block the use of the sidewalk or the use of the street for parking cars.

9.11.030(R.) Obstructing or tending to obstruct or interfere with or render dangerous for passage any street or sidewalk, lake, stream, drainage, canal or basin, or any public park without first obtaining the written permission of the City, specifically including the placement of portable toilets, construction dumpsters, construction materials, construction debris, topsoil, and/or landscaping material on City streets or sidewalks; or

12.12.020 CLEAR PASSAGEWAY ON SIDEWALK REQUIRED WHEN. No person or persons, except when necessarily engaged in loading or unloading goods, wares, and merchandise, shall be allowed to pile up, deposit or keep upon any sidewalk any boxes, bales, barrels, goods, wares or other articles, and when so engaged such person shall at all times leave a passageway of at least two feet wide clear upon such sidewalk for the use of foot passengers. Any person who violates any of the provisions of this Section commits a noncriminal municipal offense. (Ord. 44, Art. 2 S8, 1907; Ord. 2000-9, S94)

12.12.040 TREES AND PLANTS - TRIMMING REQUIREMENTS. All trees and plants standing on any private property in the city shall be kept by the owner or occupant of the property so that the branches of such trees and plants projecting over any public sidewalk or private driveway shall be not less than nine (9) feet above the sidewalk or driveway. In estimating said height, police department personnel shall take into consideration the variation of height due to normal rain, snow, sleet, and foliage conditions. Any person who violates any of the provisions of this Section commits a noncriminal municipal offense.(Ord. 1984-29; Ord. 2000-9, S96)

17.07.070(H.1) No fence shall be erected in such location upon any lot or property in a manner constituting a traffic hazard because of obstruction of view. The City of Fruita Design Criteria and Construction Specifications Manual and the City of Fruita Land Use Code shall be used as the criteria for determining compliance. No fence shall be constructed to within four (4) feet of or prevent access to any fire hydrant, utility pedestal, vault, cabinet or similar feature.

See Also:
Trailer Parking/Occupation, this page

Trailer Parking/Occupation

Pursuant to the Fruita Municipal Code trailers or recreational vehicles are not to be parked on city streets or alleys for longer than twelve (12) hours and at no time are they to be occupied on a city street or alley. Overnight guests may occupy a trailer or recreational vehicle on private property (by invitation) for no more than seventy-two (72) hours, so long as the trailer or vehicle does not violate any other codes. Temporary parking or occupancy is allowed for no more than twelve (12) hours in designated rest areas.

8.15.010 COMPLIANCE WITH LOCATION REQUIREMENTS. It is unlawful within the city for any person to park any trailer on any street, alley or highway, or other public place, or on any tract of land owned by any person, occupied or unoccupied, within the city, except as provided in this chapter. (Ord. 503 S3, 1981).

8.15.020 EMERGENCY, TEMPORARY PARKING ON STREETS. Emergency or temporary stopping or parking of trailers is permitted on any street, alley or highway for not longer than twelve hours subject to any other and further prohibitions, regulations and limitations imposed by traffic and parking regulations or ordinances for the street, alley or highway. Any person who violates this Section commits a noncriminal municipal offense. (Ord. 503, S4, 1981; Ord. 2000-9, S21)

8.15.030 RECREATIONAL VEHICLE AND TRAILER PARKING. No person shall park or occupy any trailer or recreational vehicle, outside of an approved recreational vehicle park, trailer park or other specifically permitted location in accordance with the provisions of the Zoning Code, except that invited overnight guests may occupy a trailer or recreational vehicle located on any tract of land owned by the person extending the invitation for a period of time not to exceed seventy-two (72) hours, and provided such use and occupancy does not violate any other ordinance. Temporary parking or occupancy shall be permitted in designated rest areas only for a period of twelve (12) hours. The parking of one unoccupied trailer or recreational vehicle in a private garage building, or in a rear yard, or in a driveway at least twenty feet from the street curb is permitted providing no living quarters shall be maintained or any business practiced in such trailer or recreational vehicle while such trailer or recreational vehicle is so parked or stored. A permit must be obtained from the Planning Department for a trailer or recreational vehicle to be used as a temporary construction office on the site of and during construction, however, sleeping or cooking shall be prohibited. Any person who violates this Section commits a noncriminal municipal offense. (Ord. 503, S5, 1981; Ord. 1989-5, S4; Ord. 1993-09, S1, Ord. 2000-9, S22)

Weeds

Code Enforcement expends more time and money on weed violations than any other code requirement within the City of Fruita. Many citizens do not know they are required to maintain the weeds within roadways or alleys adjacent to their property or that they are to cut all weeds on their property, even if screened from the street. The city not only requires weeds to be cut, but the cuttings are also to be removed. Code Enforcement will work with citizens requiring additional time to cut their weeds, but routine maintenance is required throughout the weed growing season. The applicable Fruita Municipal Codes can be viewed by clicking on 8.04 WEEDS, BRUSH AND RUBBISH. To report weed violations contact CODE ENFORCEMENT.

NOXIOUS WEEDS
Because certain undesirable plants, primarily aggressive non-native invaders, constitute a threat to the "continuous economic and environmental value of the lands of the state", these species must be managed on private and public lands, using integrated management techniques which are least damaging to the environment and which are practical and economically reasonable. As mandated by the Colorado Noxious Weed Act, all persons must control noxious weed on their property if such plants are a threat to neighboring landowners or natural ecosystems. Weed control programs should be integrated in their approach, using all available technologies for effective weed control.

See Also:
Mesa County Noxious Weed Management Plan
Colorado Weed Managemet Association
Colorado Department of Agriculture Noxious Weed Program