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HomeMy WebLinkAbout2017 Ordinance No. 007BY AUTHORITY ORDINANCE NO. 7 SERIES OF 2017 COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AMENDING TITLE 1, CHAPTER 10, SECTION 3, AUTHORITY TO ISSUE SUBPOENAS, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, Title 1, Chapter 1 O Notice And Hearing Procedures of the Englewood Municipal Code 2000, provides and sets forth the Hearing Procedures to be followed by the City Council, Board or Commission or official of the City; and WHEREAS, under Title 1-10-2-2{A) EMC a Hearing Body is defined as the City Council or any board, commission or official of the City; and WHEREAS, under Title 1-10-3 EMC the authority to issue subpoenas in quasi- judicial hearings rests with the City Clerk, Mayor, Chairman of the board or secretary of the board; and WHEREAS, amending Title 1-10-3 EMC to Hearing Body will allow an officer to issue and enforce subpoenas while maintaining the right of the City Council, board, or commission to also issue subpoenas; and WHEREAS, amending the current ordinance will also provide clarity to all participants regarding the issuance and enforcement of subpoenas for future hearings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 1, Chapter 10, Section 3, entitled Authority to Issue Subpoenas , of the Englewood Municipal Code 2000 to read as follows: 1-10-3: -Authority to Issue Subpoenas. The City Counsil Hearing Body or any board or sommission authorized to exercise quasi-judicial authority shall have the power to issue subpoenas to any person or entity in order to carry out its duties and responsibilities. A. B. The City Clerk, Mayor, shairman of the boarel or sesretary of the board Hearing Body shall have the authority to sign said subpoenas for and on behalf of the Counsil or board. The subpoenas shall be served in the same manner as a subpoena issued by a Municipal Court. 1 C. Upon failure of any witness to comply with such subpoena, the Cit-;' Clerk, er Mayer, or ahairR1an ef the boarel or sesretary ef the board Hearing Body shall cause a summons and complaint to be filed in the Municipal Court of the City and a copy of the complaint to be served on the witness/defendant for a violation of this section for which the court shall promptly set a hearing date and review evidence in support of or contrary to the issuance of the subpoena, and the court may enter an order compelling the witness to attend and testify before the board or GOR1Fflission Hearing Body under penalty of punishment for contempt, in the case of unlawful failure to comply with the order of the court. D. A violation of this section shall also be a separate offense of the Englewood Municipal Code and shall be subject to all other penalties provided for in this Code. Section 2. 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. Section 3. 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 it application to other persons or circumstances. Section 4. 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. Section 5. 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. Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 6th day of February, 2017. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of February, 2017. 2 Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of February, 2017 for thirty (30) days. Read by Title and passed on final reading on the 21st day of February, 2017. Published by Title in the City's official newspaper as Ordinance No. 7, Series of 2017, on the 23rd day of February, 2017. Published by Title on the City's official website beginning on the 22nd day of February for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. ATTEST: St I, Stephanie Carlile, Acting 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. 7, Series of 2017. 3