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HomeMy WebLinkAbout2022 Ordinance No. 0221 BY AUTHORITY ORDINANCE NO. 22 COUNCIL BILL NO. 22 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP AN ORDINANCE AMENDING SECTION 15-6-1 OF ENGLEWOOD MUNICIPAL CODE REGARDING GROWING WEEDS. WHEREAS, Englewood Municipal Code (“EMC”) Section 15-6-1, on its face, currently only requires removal of “growing” weeds in excess of six inches; and WHEREAS, this has created ambiguity as to whether property owners are required to remove weeds in excess of six inches when it is not the growing season; and WHEREAS, City Council desires to amend Section 15-6-1 of the Englewood Municipal Code to remove this ambiguity. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Section 15-6-1 Englewood Municipal Code Title 15, Chapter 6, Section 15-6-1 of Englewood Municipal Code is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): 15-6-1: Cutting and Removing Weeds and Grass. Every occupant and/or owner of real property shall cut, or cause to be cut, all weeds or grasses over six inches (6″) in height located growing thereon and shall remove, or cause the removal of, said weeds or grass to a site authorized for such disposal. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386 2 C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. Introduced, read in full, and passed on first reading on the 18th day of April, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of April, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of April, 2022. for thirty (30) days. Read by Title and passed on final reading on the 2nd day of May, 2022. Published by Title in the City’s official newspaper as Ordinance No. 22, Series of 2022, on the 5th day of May, 2022. Published by title on the City’s official website beginning on the 4th day of May, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 22, Series of 2022. Stephanie Carlile DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386