HomeMy WebLinkAbout1981 Ordinance No. 075.. , ...
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BY AUTHORITY
ORDINANCE NO. '/.~
SERIES OF 198~
COUNCIL BILL NO. 74
INTRODUCED BY COUNCIL
MEMBER NEAL -------
AN ORDINANCE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE
UPON AND NEED REMOVAL FROM REAL PROPERTY WITHIN THE CITY OF
ENGLEWOOD IN ORDER TO MAINTAIN A CLEAN, BEAUTIFUL AND HEALTHY
CITY, AND PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR.
WHEREAS, it is necessary to provide procedures for the
removal of litter, weeds and derelict vehicles in order to
maintain the City free from such debris: and
WHEREAS, it is appropriate to provide a common procedure
for the control and removal of such items in order to aid the
ease of administration of the laws of the City of Englewood: ·.and
WHEREAS, the enactment of an ordinance on this subject will
contribute to the health, safety and welfare of the citizens of
the City of Englewood .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That Chapters 3, 5 and 7, Title VI~ of the 1969
revised Englewood Municipal Code are hereby repealed and a new
Chapter 5, Title VI, is added as follows:
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TITLE 6
CHAPTER 5
LITTER, WEEDS, DERELICT VEHICLES
AND HOBBY VEHICLES
DEFINITIONS
As used in this Article, unless the context otherwise require•:
(a)
(b)
"Business property" is real property such as a store
which is used principally for the sale or lease of
merchandise, g oods, services, or interests in land and
which is genera lly recognized as a retail or whol ~••l•
business.
"Cormnercial handbill" is any printed or reproduced
pamphlet, leaflet or similar document or sample which
advertises for sale any merchandise, product, commodity,
or thing or which directs attention to or advertises
any meeting, theatrical performance, exhibition, or
event of any kind, for which an admission fee is charged
for the purpose of private gain or profit : or which proposes
any othe r c omme rcial transaction.
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(c) "Derelict vehicle" shall mean any vehicle, the owner of
which cannot readily be found, not capable of being
legally operated on the public streets under the motor
vehicle laws of the State of Colorado. It shall include
all vehicles missing wheels, missing or broken windows
and/or windshield. It shall not include those vehicles
whose only deficiency is lack of a current license plate
or safety sticker and those vehicles in process of or
that have been modified as hobby type vehicles.
(d) "Garbage" is putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking and
consumption of food.
(e) "Hobby type vehicle" is any vehicle of the following
type in the process of being built, restored or main-
tained as a diversion from one's regular occupation for
the purpose of relaxation (aircraft, boats, classic cars,
experimental cars, off-road vehicles, race cars, and
derelict vehicles).
(f) "Litter" is "garbage,""refuse," and "rubbish," as defined
herein, and all other waste material which, if thrown or
deposited as herein prohibited, tends to create a danger
to public health, safety and welfare •
(g) "Noncommercial handbill" is any printed or reproduced
pamphlet, leaflet, or similar device or sample, or any
other printed or otherwise reproduced original or copies
of any matter of similar type literature not included
in the aforesaid definition of commercial handbill1 or
any of the foregoing which sets forth a political or
ideological message.
(h) "owner" shall include the record owner, whether person,
firm or corporation, any agent or representative of the
record owner.
(i) "Private premises" is any dwelling, house, building or
other structure, designed or used, either wholly or in
part, for pri vate residential purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, and
shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to
such dwelling, house, building, or other structure, and
private land on which no building exists. Private
premises includes business property.
(j) "Public place" is any and all streets, sidewalks, boule-
vards, alleys or other public ways and any and all public
parks, squares, grounds, and buildings owned or main-
tained by the City of Englewood for the benefit of the
general public.
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(k) "Rubbish" is nonputrescible waste consisting of both
combustible and noncombustible wastes, such as paper,
wrappings, cigarettes, cardboard, tin cans, yard clip-
pings,· leaves, branches, wood, waste building materials,
glass, bedding, crockery, household furnishings and
similar materials.
(1) "Refuse" is all putrescible or nonputrescible waste
including garbage, rubbish, ashes, street cleaning,
dead animals, offal, droppings, abandoned appliances,
and vehicle parts.
(m) "Trash container" is a closable container of metal, wood,
or plastic.
(.n) "Weed" shall mean weeds, grass, brush, or other rank or
noxious vegetation which is in excess of six (6) inches
in height and shall specifically include: Bindweed
(Convolvulus), Leafy Spruce (Euphorbia Esula), Canada
Thistle (Circium Arvense), Russian Knapweed (Centaurea
Pieris), Perennial Sowthiatle (Sonchus Arvense), Puncture
Vine (_Tribuius Terreatria), Silver Leaf Poverty Weed
(Franseria Discolor), Mouaaeear Poverty Weed (Thiaspi
Arvense), Mustards (Braaaiea), Purple-flowered Groundcherry
(Quincula Lobat~,, Russian Thistle (Salsola Pestifer),
Fireweed (kochia Scoparia), Redroot Pigweed (Amaranthus
Retroflexus), Sandbur (Cenchrus Tribuloides), Hairy
Stickweed (Lappula Occidentalis), Buffaloburs (Solanum
Restvatum), Common Ragweed Ambrosia Elatiov), Cocklebur
(Xanthium Commurie), Common Sunflower (Helianthus
Centicularis), Dandelion (Leonthodore Tavazacum), or
other plant or offending vegetation which is regarded as
a common nuisance. This list is not intended to be
exclusive, but rather is intended to be indicative of
those types of plants which are considered noxious and
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a detriment to the public health and safety but shall
not include flower gardens, plots of shrubbery, vegetable
gardens and small grain plots (wheat, barley, oats, and
rye).
DECLARATION
It is the purpose of this chapter to set forth laws which
are required for the clean living, beauty, health and well-being
of the citizens and the City of Englewood by prohibiting accumula-
tions of litter, weeds, or unsightly vehicles within the City.
The persons to whom this chapter applies shall be responsible for
maintaining their premises free of the prohibitions from the center
of the alley abutting their property to the traveled portion of the
adjoining streets •
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ANTI-LITTERING PROVISIONS
6-5-3: LITTER -GENERAL PROHIBITION
No person shall throw, place, or depoait litter in or upon
any public place within the City except in traah containers.
6-5-4: LITTER ON PUBLIC PROPERTY
No person shall throw or deposit any litter on any
public street, in any public park, or in any public building
within the City except in trash containers.
No person shall throw or deposit any litter in any
fountain, lake, bay, stream or other body of water within the
City.
No person shall affix any poster, notice, or like device
to attract public attention, to any lamp post, public utility
post, traffic control device, tree, public structure or building
except as may be authorized by law.
6-5-5: LITTER ON PRIVATE PROPERTY
The owner or occupant of private property shall cause
the removal of all accumulated article• of litter and place said
litter in a trash container. Litter •hall be taken to an authorized
site for disposal.
The owner or occupan t o
City shall maintain said premi•~
trash containers therefor.
private premises within the
ree of litter and provide
No person shall throw or deposit litter on any occupied
or vacant private property within the City.
6-5-6: LITTER ON BUSINESS PROPERTY
The owner or lessee of business property is authorized and
required to provide trash containers at convenient places for the
deposit of litter by business patrons. The owner or occupant of
business property may require that all litter deposited in his
premises, sidewalk or conunon area be placed in trash containers
he has provided.
The owner or lessee of business property is required to keep
free from litter the sidewalk adjacent to his business or his
proportional share of common walkway or mall. No person owning
or occupying business property shall sweep into or deposit in any
gutter, street, or public place the accumulation of litter from
his building, sidewalk or driveway.
The owner or lessee of business property may prohibit the
solicitation of funds, selling of articles, and distribution of
literature by any person upon his business premises or in the com-
mon area.
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6-5-7: LITTER FROM VEHICLES
No driver or passenger in an automobile, motorcycle, bicycle,
aircraft, or other vehicle, shall throw, place or deposit litter
upon the public streets, other public place, or private property.
No person shall drive any truck or like vehicle in the city
unless its contents are covered or loaded to prevent them from
being scattered or if the wheels or tires carry any mud, dirt,
sticky substance or like matter into a public street, alley, or
other public place.
6-5-8: DISTRIBUTION OF HANDBILLS
No person shall distribute or sell any commercial or non-
commercial handbill, advertisement, or similar literature in or
upon a street, sidewalk, parking lot, or other public place within
the City: provided, however, a person may distribute free to the
receiver a nonconunercial handbill to a person willing to accept it.
No person shall distribute any handbill or similar literature
upon inhabited private premises except by placing said items in a
manner as to prevent them from being blown or drifted about the
premises. Mail boxes may not be used when prohibited by Federal
regulations. No person shall distribute any handbill or similar
literature to temporarily or continuously vacant premises.
No person shall distribute an}r handbill upon private premises
if requested not to do so by any person there or by a sign bearing
the words "No Trespassing," No Advertisements," "No Agents," or
similar language.
The provisions of this section shall not apply to the proper
distribution of mail by the United States or to delivery of news-
papers which are legal publications, provided that newspapers shall
be placed on property to prevent their being carried away by the
elements.
6-5-9: LITTER PLACEMENT IN TRASH CONTAINERS
Persons shall place litter in trash containers to prevent
it from being carried or scattered by the elements upon public or
private property.
Persons shall place trash container• on any public street,
alley, sidewalk or other thoroughfare only on regularly scheduled
pick-up or collection days and only in a manner not to obstruct
vehicular or pedestrian traffic.
No person shall throw or deposit his litter within the trash
container of any other person -without that person's express or
implied consent.
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6-5-10: REMOVAL OF LITTER TO AUTHORIZED SITES
All litter collected by any person shall be taken to a site
authorized for litter disposal or be placed on reqular trash
collection days for collection by trash haulers licensed by the
City of Englewood.
No person shall engage in the business of removing or
hauling litter in the City without first obtaining a license.
A nontransferable license shall be issued upon the annual payment
of $5 per vehicle.
6-5-11 through 6-5-19 RESERVED
ANTI-WEED PROVISIONS
6-5-20: CUTTING AND REMOVING WEEDS
Every owner or occupant of realty shall cause to be cut all
weeds exceeding six (6) inches in height growing there. The weeds
shall be removed to some site authorized for the disposal of litter.
6-5-21: PUBLISHED NOTICE TO REMOVE WEEDS
When the City Manager determines it may be necessary, the
Director of Finance shall cause to be published in a newspaper
general circulation in the City a notice which shall be sub-
stantially in the following form:
TO ALL OWNERS AND OCCUPANTS OF LAND
WITHIN THE CITY OF ENGLEWOOD:
Notice is hereby given that all weeds within the City
of Englewood must be cut down, destroyed and removed on
or before the (date to be inserted by the Director of
Finance --not less than five (5) days after the date
of publication) of this year.
Failure to comply with this notice on or before the
date mentioned shall make the parties responsible
personally liable for the cost of cutting, destroying,
and removing the same, plus Twenty-five percent (25%)
incidental cost and Fifteen percent (15%) penalty and
interest, which costs, penalties, and interest may be
recovered in a personal action against such parties
or may be levied and collected against said land in the
same manner as other taxes are levied and collected.
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Parties failing to comply with this notice may be
subject to a fine or to imprisonment not exceeding
ninety (90) days, or to both such fine and imprison-
ment as imposed by Title I, Chapter 2, of the
1969 Englewood Municipal Code, as amended.
This notice is given in compliance with Section
6-5-21 of the Englewood Municipal Code.
6-5-22 through 6-5-29 RESERVED
6-5-30:
ANTI-DERELICT VEHICLE PROVISIONS
VEHICLES IN RESIDENTIAL ZONES
No person who lives in a residentially zoned district shall
keep a hobby or derelict vehicle, under .construction or not, un-
less it is stored in a fully enclosed garage or similar structure.
A person may store the vehicle in a carport or open area if he
keeps the vehicle and its parts covered with a canvas or other
opaque covering. Storage or covering is not required when the
vehicle is actually being worked on.
No person shall build, store, or maintain more than one
derelict or hobby vehicle outside a fully enclosed garage at each
residence in the City.
No person shall store or work on any hobby or derelict vehicle
within his residence required front yard or any adjacent rights
of way.
6-5-31: VEHICLES IN BUSINESS ZONES
No person shall keep a hobby or derelict vehicle in a business
zoned district unless it is stored in a fully enclosed structure
or behind the principal structure in an area screened from view
of adjacent properties and public rights of way.
No person who principally uses as a residence property in
business zones shall keep more than one hobby or derelict vehicle
on the property.
6-5-32 through 6-5-39 RESERVED
PROCEDURAL PROVISIONS
6-5-40: VIOLATIONS: NOTICE -COST ASSESSMENT -REMEDIES
• Whenever it is found that weeds, accumulations of litter,
or vehicles exist within the City in violation of this chapter,
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-:...'-.e .'.:i":y ~a:1ager or his designee shall ha\.•e ~sted ·..:Fon ~~e re.alty
:::-•;e!1i~!.e a~ appropriate :'lotice in substantially the follo""·i:i;
:or::::
':'O 7HE OW~"E~S .:\..,"'D , 'OR OCCOPA.~TS
o: 7EIS PROPERTY:
NOTICE
There exists upon t~is propert~· (weeds) (and /or litter)
(and/or derelict and/or hobbr vehicles) which ha\•e net
been (rerno\•ed) (disposed of) or (attended to) in 3cccr~
ance with Title VI, Chapter S, of the 1969 Englewood
~1unicipal Code.
Xotice is further given that unl••• the same are
(removed) (and disposed of) (or attended to) within
five (Sj days from (date of poatin9 of notice), th.e
City of Englewood may cauae the ••me to be (remo\•ed)
(and disposed of) (er attended to) in compliance with
said chapter, in which event the owner• and occupants
of this realty er vehicle owner ma1• be liable for all
costs, expenses and penalties as eet forth in Title
VI, Chapter 5, of the Municipal Code of the Citr of
Englewood, including the assessment of a property
lien fer the costs incurred.
6-5-41: FAILURE TO COMPLY WITH NOTICES
If any owner er occupant of real property or vehicle owner
fails to comply with notice given pursuant to this chapter
within the time specified, the City Manager or his designees are
authorized to cause the action required by ordinance to which
such notice had reference. All costs incurred by the City plus
an administrative cost cf Twenty-five percent (25%) cf the direct
costs shall be charged against the real property and its owners
or the vehicle owners.
6-5-42: NOTICE OF COSTS
If the City incurs costs taking action required by this
chapter, a statement shall be prepared for the entire cost plus
Twenty-five percent (25•) administrative costs, and be mailed
by certified mail, retnrn receipt requested, to the vehicle
owner or property owner er occupant with instructions that said
statement will be paid in full plus costs within thirty (30)
days cf said mailing d ate. The notice shall also inform the
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·property owner that the failure to pay the statement for costs
for litter or weed removal within sixty (60) days shall result
in an assessment beinq made aqainst the property which shall
constitute a lien pursuant to Title VI, Chapter 5, of the Municipal
Code of the City of Enqlewood.
6-5-43: ASSESSMENT
If the full amount of the statement relatinq to weed or
litter removal from realty is not paid within sixty (60) days,
the City Manaqer shall direct the Director of Finance to assess
the entire amount of the statement plus an additional Fifteen
percent (15%) penalty aqainst the specified realty. After assess-
ment by the Director of Finance, a copy shall be sent to each owner
of record of the assessed realty. The assessment shall contain a
leqal description of the premises, the expenses and costs incurred,
and the date for litter or weed removal, and a notice that the
City claims a lien for this amount. The Director of Finance shall
certify such assessment to the County Treasurer who shall collect
such assessment in the same manner as ad valorem taxes are collected.
6-5-44: ASSESSMENTS A LIEN
From the date of the assessinq statement, all assessments
shall constitute a perpetual lien aqainst the specified realty
and shall have priority over all liens excepting general tax liens
and prior special assessments. No delays, mistakes, errors or
irreqularities in any act or proceedinq authorized herein shall
prejudice or invalidate any final assessment: but the same may be
remedied by the Director of Finance, as the case may require,
upon application made by the property owner or other interested
,. person. When so remedied, the same shall take effect as of the
date of the original assessment by the Director of Finance.
6-5-45: APPEALS
Any vehicle owner or property owner or occupant may appeal,
in writinq, to the City Manaqer within five (5) days of his
receipt of notice, statement of costs, or assessment. The appeal
shall contain the appellant's name and address, the decision being
appealed, and a brief explanation why the appellant should not be
required to comply with the document appealed. The City Manaqer
or his designee may meet informally with the appellant to exchange
necessary information and shall issue a decision in writing to the
appellant at his address stated in the appeal. :
6-5-46: OTHER REMEDIES
Any unpaid charqe plus all costs and penalties shall consti-
tute a debt due the City. The City Attorney shall, at the direc-
tion of the City Manager, institute civil suit in the name of the
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City to recover such charges, costs and penalties. This remedy
shall be cumulative with all other remedies, including prosecu-
tion in Municipal Court for each violation of this chapter .pursuant
to the provisions and penalties established by Title I, Chapter 2,
of the '69 E.M.C.
section 2. Severability. If any section, subsection, sentence,
clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional by a court of competent juris-
diction, such portion shall be deemed a separate, distinct, and
independent provision and the holding shall not affect the
validity of the remaining portions of the Ordinance.
Introduced, read in full, and passed on first reading
on the 19th day of October, 1981.
Published as a Bill for an Ordinance on the 21st day of
October, 1981 •
Read by title and passed on final reading on the 2nd day
of November, 1981.
Published by title as Ordinance No. ~~, Series of
1981, on the 4th day of November, 1981.
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Beverly J. Bradshaw, Mayor Pro Tem
Attest:
~~&~ ex~ciOily cer reasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate, and complete copy of the Ordinance
passed on final reading and published by title as Ordinance
No. ~' Series of 1981.
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