HomeMy WebLinkAbout1985 Ordinance No. 035I
OROIN/\NC E 00 . -,j5'
SERIES OF 19 8_5_
BY AUT110RJTY
COOOC I L BILL 00 . 37
INTROOUC m BY CO Ul-clL
Mf"MOE R B lf..0
AN ORDINAOCE AOOP'l'I NG THE "ENGLEWOOO MUN!C I PIIL CODE 1985"
J NCOR PORI\T!NG TH EREIN THE GE NER/IL ORDINAOCES OF TII E C!'rY OF
ENGLEWOOD ; PROVIDING E'OR THE REPl':l\f, OF /ILL OHD INAOCES OF A GE NERAL
AND PERMAN ENT NATURE NOT l !>k."LUDED TII ERE !N , SAVE AND EXCE PT SUCH
OIIDJ N/\NCFS PART !CULIIRLY SPI:X:I F I ED 115 EXCEP'rEO FRO'I SUCH REPEAL ;
PROV!D l ''G FOR PENALTI ES FOR VI OLI\TI ON OF TII E PROVI S IONS OF SAID
CODE AND SE'l''r!NG FO RTH THE PENALTI ES PROVIDED E'OH IN SIIID CODE ;
PROVIDING FOR A PUBLI C HFJ\RING ON TII E I\DOP'r ION OF SAID CODE AND
PROVIDING FOR THE EFFECTIVE DATE Of S/\ID CODE .
RE IT ORDl\!NED BY THE ITY COUNC IL OF TIIE CITY OF ENGLEWOOO,
CO LORADO, tha t :
Section 1. Def 1n 1ng the powers and dl!ttes of the va rious
departments o f the Ci ty and he aclmrn 1strat 1on ther eof ; providing
fo r f ire pr ot ect i on, [X)lice protec tion , pub lic libraries , and the
protect i on of health and sanitation ; the re<:_Ju l at i on of a nimals and
fow l s , housing , signs and bi 1 l boarcls , bui ldi ngs , e l ections , dis-
posal o f garbage , trash and waste , sale and use of fi rewo rks , parks
and playground s ; the sc l ec ion and reg ula t i on of personnel; the
licens ing ard regu l nt-i o n of amusenents and amusenent devices ,
building contractors , (000 dealers , al coho li c beverage s , mer c antile
cstablishrrents , he.1 1th hcrapy es ab l ishnents , cab l e televi sion ,
an other trades , occup.:1t ions and businesses ; def i ning and
prohibiting cerldin of(1.1nses , th regu l ation and acceptance of
plats and sub:Ji visi on ; th cons true ion ard regulat ion of pub lic
imp roverrents , streets and s i ewalks , the regu lati on of tra f fic ,
wnter and sewers , .:ind the use of land ; the levying of taxes and the
(ixing of pen.iltiPs ,:md othe r provisions of a general nature wi thin
th Ci ·yo[ Engl •'W l , 1r>.l i ts police jurisd i ct ion , shall be i n
accocJance with thC' terms o( the "Engl~ood ~un ic ip,-11 COOe 198 5 ,"
thr~e certi (ied copi es of wh ich ace on fi l e in the office of the
Ci ty l Prk , tO<jethPr wi th all seconcbry codes duly described and
inco cpor .1te l thPrei n by re fer e nce , and may be in spected during
rPgul.ir bl!si ness hours . The said Englewood Municipal Code 1q85 is
he r eby adopted and i ncorporated i n this or dinance as fully as i f
srl out a t leng th he re i n and sha ll be treated and considered as a
nC>W and original co-npre he nsive ordinance wh ich shal l supersede all
0U1er gene ral and perma ne nt ordinan,.;es passed by the City Cou ncil ,
p r ,o r to Mar c h 31 , 1985 , and from and after the date on wh ich this
onl inance sha ll take ef fect , the provi sions ther eof shall be
cont ro llincJ on all matters contai ned there in, s ave and except to
Lhc• c,xlent that any ordinance e nacted between March 31 , 1985 and
lhl' e ffective date o f this ordi nance i s in conflict therewith .
Section 2 . 'l'he word "COOe " may be uSt.'U im ,:m abbrev iation
for the "Engle wood Municipal Cocl e 198 5 ."
Secl i on 3 . All genera l provisions , t rm s , phrases arxl
express ions used in the Ccxl , or any ord i nonce arront.li ng the Sc:IJ"re ,
sha ll be liberally construed in order hat the rue intent a nd
mea ning of t he Ci ty Cou nc il may be fully car ri out.
Sect ion 4 . All ord inances and par ts o( ordinances of a
ge neral a nd perma ne nt nature no con ai ne<l in the Code a r e he r e by
r e pealed , except those ord inances passocl subseque nt to March 31,
198 5 , but such r epeals sh all not be effective and operative pr ior
to the effect i ve and opera t i ve date of En~lewood Mun ici pal Code
1985 ; provided , however , that noth ing contai ned herein shall be
construed as an attemp to reped l or amend a ny ordina nce passed by
a vote of the peoplo> of the City o( Englewood , e xcept insofar as
the same '"'Y be supers.eded by or in violat ion of t he Charter of
Englewood or he Cons t itution of the State of Colorado.
Se<:tion 5 . Nothing contai ned in this ordinance sha ll be
construed as a-limi t ation on the power of the City Cou nci l to
chcmge obv ious typographi cal or COOl[X)Sit ion er rors in t he Code
wi t ho ut ch,1ngc, of lega l e ffect .
Section 6 . The classificat ion and arra ngement by chapter,
articl e a nd number system of sections of t he Code , as well a s the
s ource notes , 3nnotc1ti ons , and other editorial matter inc l uded i n
s aid Code , form no part of the legisla t i ve text ordained hereby ;
such inclusion is only f or the pu r[X>se of convenience , order l y
arrd ngeren t and information , and , therefore , no impli cat ion or
pr ~:-ill.rnpt i on of a legi s lative construction is to be drawn therefran .
Sect ion 7 . 'lilt, Englewood Muni cipal Code 1985 as published
sh.i 11 betlwsole property C'f the Ci ty of Englewood , a s the owner
th;,rao f , and shall be copyrighted for a nd in behalf of the City of
Eng l•Nood by th;, City Clerk .
Section 8 .
(a) The City Clerk shall distribute such sets of t he Code
and anendme nts thereto as may be necessary to the various depa rt-
menl:s of the Ci ty for the official use of the Ci ty officers , boards
atll..1 co:tTilis sions , and for exchange purposes for simi la r publications
o( otiler cities . 1111 volumes designated fo r of f icial use sha ll
r ema in the property of the City of Englewood 'or the use of such
officials and their successors and shall bear such des ignation .
The City Clerk shall prepare or cause tr be p r,,pa red a list of the
City officers , boards and com11i ss ions wtn ~h.:tll rece ive for
ofrici al use s e ts of said Code , and shall there upon deliver such
s ets to such officers tak ing a receipt for each set so delivered .
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(b ) SUbs eque nt t o the effective date of th is ordi nance , the
City Clerk shal · kee p on han:l a reasona ble numbe r o f the Codes
herein adopted tor sale to the public at a pri ce to be determined
by him, based solely upon the cost of publication.
(c) From time to t ime after the effective date of this
ordinanc-e , the Ci ty Clerk i s he reby a u thorized to codify ordinances
amending the said Englewood Municipal Cod e 1985 ard to have the
same pri nted as suppl eme nts or substitute pages there for . He may
accept subscript ions to s uc h s upp!.eme nts at a cost to be determ ined
by him , based sol e l y upon the cost of pub l ication and hard ling of
the same , ard shall mak e such copies of the supplement availabl e to
such subscribers as t he same are r ece ived by him ard shall bill for
the same. Failure of a ny subscr i ber to pay such billing on or
before the date o f mailing of the next subseque nt supplement sha i. l
c a use such subscri pt ion to be dropped from the ma iling list.
Section 9 . This ordinance sha ll become e ffective on the 13th
day oCJuTy;""Tias at 12:01 a .m.
Section 10 . ----
(a) Any per son who sha ll v iolate any prov i sion of this
ordinance , or any pr ov i sion of any secondary ccx1es adopted the rei n ,
sha ll be f ined not mo r e than three hurd red dollars ($3 00) or
imprisoned for a term no t exceedi ng ni nety (9 0) days , or shall
suffer both fine ard iml,)risonment. Th e amount of such fine or term
of such imp ri sonment sha ll rest wi t hi n the d i s cretion of the
Municipal J udge .
(b i The penalties s et forth in the Code are as fo llows :
(l) Section l-~-1 : General penalty .
(a) It shall be un lawful fo r any person to
vio la te , disobey , ani t , neglect , refuse or fail to canply with or
re sist the e nfo rcenent of any pr ov ision of this Ccx!e or any
s econda ry code adopted he rein , and where no s peci f ie penalty is
prov ided therefor , the viola t ion of any provision of this Crxle o r
of a ny s ecordary co.i e adopted here in s hall be pu n ished by a fine
not exceeding three hundred dolla rs ($300) or i mprisonment for a
term not exceeding n inety (90 ) d ays or by both such f ine ard
imprisornnent , the amount of such f ine or t erm of such imprisorrne nt
to rest wi thin the discretion of the Muni cipal Judge . The
im position of one pe na lty shal l not exeuse any violation or permit
i t to ccnt i nue . Unless otherwi ,e irrlicated , a sepa rat e o f fense
shall be deem..>d c ommi tted upon each day or portion thereo f during
or on which any v iolat ion of any provisions of this COOe or any
secoOO ary code adopted therein occurs or co ntinues .
(b) No j a il s e nte nce sha ll be im posed upon
person~ under t he age of eighteen (18) yea rs . 'llli s r estriction
s hall not apply t o per sons who a r e convicted of a violat i on ar i sing
out of. the operation o f a motor vehicle. 1'1e t e nn 11 conviction11 as
used here in eha ll include e ither the e ntry o f a pl ea of nolo
contendere or guil ty to t he violat i on . Any prov isions to the
cont rary sha ll not have s t a nding with r e spect t o t he per sons und e r
the age of e i ghteen (1 8) yea rs .
(2) Section 1-4-2 : C\.unulnt i ve remedies .
(a) Wlle never any act or cond it i on is herei n dec l a red to
be , or consti t utes, a nuisance or provides a cause o f 1.c tion fo r
injunction or othe r civil remed y , the said remedie s shal l be
cons ide red to be cumul a t i ve , and in addition to t he pena ltie s
he rei nabove prov ided , aOO an act ion f o r abatement , i njuncti on , or
other civil r emedy ma y be brought agai nst such violator .
(b ) The suspension or revoca tion of a ny license , permit
or other privi l ege conferred by the Ci t y shall not be rega rded as a
penalty fo r t he purposes of this Code.
(c) lvh e n work or act ivi ty for which a permit or license
i s required by this Code or a ny code adopted he r ei n i s c omrenced
without f i rst havi ng acquired s uch permit or l i cens e , the specified
fee shdll be doubled , but the payme nt of such double f ee sha ll not
r e li eve a ny person from fully ccmplying with a ll the requ iranen ts
of this Ccxle or a ny c ode adopted the rein nor from a ny other
prescr ibed penalties . Pay,rent of suca doubl e fee or any un paid
por t i on thereof may be compe lled by c i vil action i n a ny cour t o f
competent jurisdiction . 'Ille acceptance of a ny port ion less than
the entire amoun t of such double foe by a ny officer o r employee of
the City sha ll not canst i tute a waiver or release of the balance
thereof .
(3 ) Section r -6-4: Nuisance , Penalties .
'The movi ng or daTiolition of any ! ... ructure within t,ie
City o f Engl e wocxl i n viol ation of any provision of tn .. ~ chapter i 2
hereL" Jec l ared to be a public nuisance and , uron appl icatirn nf
the Director of Coomuni ty Developrrent , t he Ci ty Atto rney i s ne reby
authorized and directed , wi thout the necessity of further ,mthor i ty
of the City Cou ncil , to institute such l egal proceedi ng s as may be
n2cessary to obtain a jud ic i al a batement thereof. In addition , the
violation by a ny pe rson of any ,irov ision of this chapter may be
prosecuted as other violations of mun icipal ordinances and shall
sub ject the viol ator to those fi nes and pe nalties as are pr ov ided
hr in Chap ter 4 of Title I of thi s Code .
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(4) Section 3-5-8 : Str ikes Prohibited .
(b) In the event e cert ified enployee r epre senta tive
e ngages in any conduct whi c h t a lls within the de fi ni tion of
"strike " he rein , such viol a ti on s ha ll be c ause fo r the City to
t e rmi nate the collecti ve bargaining a reement with said cer tified
enployee repre senta tive and/or withdrawa l o f recogni t i on of the
cert ified enpl oyee representati ve upo n g i v i ng writte n no ti ce to
t hat e ffect to the ch i e f r e presen ta t i ve o f said c e r t ified enployee
repre sentat ive or a nployee organ iza t i on , i n addition to what eve r
othe r renedies ma y be available to t he City a t l aw or in equity .
Sa id act ion of the City is s ub ject to the "Grievanc e Appeal,"
Section 3-3-2.
(c) In the event an enployee or enployees e ng age in
any condu ct which f alls wi thin t he de f i nition of "strike " herein ,
s uc h viol a tion sha ll consti t ut-. j ust c ause f o r imnedi at e discha rge
of sa id enployee , in addition t o whateve r othe r renedi e s may be
ava ila ble to the City a t law or i n equity . The City sha ll not be
r equired to pay a ny enployee a ny porti on o f his/he r sala r y or
fringe benefi t s whi l e enga ging in a c ti v ity in v iolation of sa i d
sect i on . It is ex pressly r ecogni zed tha t the City has the righ t to
s e l ect ively disci p line , up t o and i nc lud i ng disc ha rge , a ny
enployee or enpl oyees whose co ndu ct f a lls with i n the de fin i t ion o f
s a id s ec tion wi thou t having to disc ipline a ll enployees whose
conduc t fal ls wi t hin the def i n iti on of s a id sect i on . An enploy ee
or enp loyees direct l y affect ed by a n act ion of the City under this
Sect ion shall ha ve the righ t t o gri e ve said acti on through the
11 Gr ievance Appeal ," Sect i on 3-1-2 , or where appropr iate , th rough
the "Di sc iplinary Appe a ls ," Sect i on 3-3-3 .
(5) Sect ion 5-2B-ll: Vi olat i on , Pemlty
Any i ndiv i dual , assoc i ation , partnership or
corporat ion which is convicted o f a viola t ion of any provision of
this ,..,a pter shall be fined in a sum of not :nore than th ree hundred
do ll ars ($300) o r sha ll be impri soned not to exceed ninety (90 )
days , or sha ll be both s o f ined a nd imp risoned .
(6) Section 5-7-5 : Li cense ; Issuance , Corditions
(d) St arti ng work on a ny project befor e t he r eq uired
l icense has been secured wi ll r esult in a fi fty percent (50%)
increase o f t he l icts.1se fee as a pena lty . This penalty sha ll be
cumu l at i ve with a ll othe>r pe nalt ies a nd rened ies fo r the e nfo rce-
ment and coll~ction of such l icensc (ces .
(7) Section 5--7-6 : Each contractor , whether general or
specia l , sha ll be responsible for all work included in his con-
tract, whether or not execution is by himself, h is emp l oyee or a
subcontractor, and for all funds or property r eceived by him for
prosecu tion of a specific contrac t for a spec ific purpose .
(8) Section 5-7-7: Lice nse Suspens ion 01 ,.;evocation
A. '11'1<> Chief Building Inspec tor shall, upon the
ve rified ccmplaint in writing of any person , requ ire the contractor
to appea r before the Li ce nse Officer for a hearing upon five (5)
days ' noti ce i n wri ting , mai l ed to hi s last known post office
address , anJ the License Off icer s ha ll have the power to temporar -
ily suspend or r e vok e any l icense if the License (;fficer shall find
by a pre ponderance of the evide nce that the lice nsee has :
1. Abando ned any con tract wi t hou t legal cause .
2 . Div e rted funds or property r eceived for
performance of a spec ific contract and a ppl ied such fund for any
other purpose , or he failed to use such funds fo r the per 'ormance
of said cont ract.
3 . Fraudulently departed from or dis:egarded
plans and/or specificat ions .
4 . Wilfully arrl deliberately disregarded any
prov i sion of th is Cod e , or any provision of any secondary code
adopted her ei n.
5 . Failed t o keep records of r ecei pts arrl dis-
bursements of his transactions as a contraclor and prod uce same for
exami nation by the Li cense Off icer wh en requested .
6 . Misrepresented a material fac to obtain a
l i cense or permi t .
Do ne any wi l ful , fraudulent act as a
contractor by wh ich anothe r is substantially i njured.
ij . Use<l his l i cense to ob tain permits for
another .
9. carel essly or neg ligently provided r eason-
abl e s afety measures for the protection of workmen and the pub! i c .
10 . Fai l ed or refused to obtain a permit for any
work be f.ore starting a job.
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B. If the licens ing officer determines that a
hearing should be he ld to detenni ne if a license shoul d be revoked ,
suspended or denied, under the tenns o f this chapter , the procedure
shall be as provided i n Section 1-10-2 of thi s Code.
C. Wi e n a contractor 1 s 1 icense is revoked , no new
permi t s shall be i ssued to such licensee unt il he shall fully
correct t he faulty construction with the provis ions of th is Code
and until the license is reinstated . The License Officer shall
have power t o withhold reinstatenent o f the license for a period
not to exceed six (6) months . If t he suspens ion is over three (3)
months, the l icensee shall be required to obta in a new license ,
whi c h fee shall no t be pror ated .
D. 'llle Chief Bu ilding Inspector ma y make an
energency suspension of the license of a contracto r should ~he
actions of the contractor pose an inmedidte , serious and i1;rni ·.1ent
threat to the he alth , safe t y and welfare of the r e side nts of the
City of Engl ewood . such energency suspension sha ll not continu e
longer than ten (,0) days wi thout a hearing before the License
Officer .
(9) Section 5-78-6 : License Revocat ion, Suspension or
Den i a l
The licensi ng officer may r evo ke , suspend or deny a
l icense prov i ded for in this Ar t i cle if he finds that t he l i censee
i s responsibl e for one or mor e of the f ol lowing acts or omissions :
A. Failure to c001ply with the tenns of Section 5-78-3 ;
8 . Vi olation of the terms of Section 5-78-28 .
(10) Section 5-7-78 : Revocation a nd Scs;:-ension ; Procedure .
Jf the licensi ng off ice r di:termi nes that a hearing
should be held to dete nnine i f a license should be revoked ,
suspended or de nied under the tenns of this Article , the procedure
therefor shall be as provided in Section 1-10-2 of this Code .
(11) Section 5-6C-8 : Civil Penalties .
ln addition to or in lieu of the penalties that may be
otherwise imposed , the l icensing officer may assess the fol l owing
civil penalties :
(a) A person who operates o r attempts t o operate an
adul bookstor e , adult massage parlor , adul motion picture theater
or adult dandng es tab 1. ishllent without f\aving first obtained a
l i e nse und e r this cha.oter may be assessed a c ivil penalty of up to
three hundred dollars 1 $300).
(b) An applicant for a license urde r this chapter,
and any officer, directo r, partner , agent or ~•torney of such a n
applicant, who knowingly makes a fa l se statement or prov ides false
information on a ny document or paper accanpanying and forming a
part of such application, shall be assessed a civi l penalty of up
to two hund red dollars ($200) fo r each s uch false statement or
false item of informat ion .
(c ) A l icensee or employ ee who fai ls or r efuses to
renew his license within the pericd qra nted by Englewood Municipal
Cede 1985 , Secti:Jr, 5-6/\-8 may be assessed a civil penalty of up to
fi fty dollars ($:i0 ) for each day beyord s a id period tha t said
refusal or failurr conti nues , but not t o exceed thr ee hundred
dollars ($3' )) for each refusal or failure .
(d ) A licensee , and any ag e nt , officer , servant or
enployee o t: cl : i t--e 11see , who mai nta ins a nu isance on t'"le license::l
pran i ses or i.JE?''l i ts the l icensed prenises t o be unsan itary or
un safe , may be assessed a civi l penalty of up to one hundred
dolla rs ($100) for each day that the nui sance or unsafe or
uns an itary condition continues .
(e) A licensee who moves his licensed premises
wi thout approva l by the li cen~ing 0r~1 et:-or who changes the name
of his bu siness withou t noti L/i r,g ':11 ~ 1.icensing officer , contrary
to Englewood Municipal Code 1"i ,. &. ~t ,on 9-10-9 , may be assessed a
civil penalty of u;, to three I. nd~ ,d dolla r s ($300).
(f) A licensee o r employee who d oes not keep the
r ecords and make the r eports requ ired by any of the agencies herein
may be assessed a civil penalty of up to fifty dollars ($50) for
each v iolati o n.
(g) -~ l icensee , and any ag ent , off i ce r , servant or
emp :oyee of a licensee , who fails to cor rect violat i ons of t he
gene r a l and applicable speci al requi r ements for the licensed
pr em ise s , as spec ifi ed in Ar ticl e B, may be a ssessed a civ il
pena lty of up to two hundred dolla rs ($200 ) for each violation
observed and not corrected within the period pres cribed by the
licens ing officer, the Department of C001 nun i t y Development or the
Fire Marsha l , as the case may be .
(h) Any person who aids or pa rticipates in a
v iolation for wh ich a civil penalty ma y be assessed unde r this
cha[lter shall be cons i de red a principal in the v iola tion and may be
ass e ssed , c ivil penalty of up to the maximum amou nt prescr i bed for
t ha~ violat ion .
(1 2) Section 7-lA-2 : Runn ing at Large Prohibited,
(c ) Pen a lty, Any owner or person found gu ilt y of
the ir dog viola ting any provi s ions of thi s Secti on s ha ll , upon the
fir st conviction, be subject to the payment of a fine or not less
than f ifteen do llars ($15 ); upon the second and subsequent
convicti on sha ll be f ined a s um not l ess than twent y-f ive dollars
($25 ) nor mor e tha n one hundred d olla rs ($100); and upon the th ird
and s ubsequent conv i ctions shall be f i ned a n amount not less tha n
one hund red dollars ($100) nor more t han three hundred dolla r s
($300) a nd be sub j ect to not mor e tha n ninety :::o) day s i n j ai l , or
both such fi ne a nd imprisoment .
(13) Sect i on 11-38-10: Pena l t y fo e De f ective Work .
In add i tion to or in U e u o f the othe r raned ies o r
pena lt i e s proviJed , if a contractor f ails to co:nply wi t h the
requ iranents o f thi s Cha pter re l a ting to conc re t e work , addit ional
perm its for s i de-walks , a.l[bs , gut t e rs, s e r vi ce walks and driveways
will be withhe ld by the Director until assurance is received that
t here will be com pliance herew i t h .
( 14) Section 10--1-5 : Penal tie s
The v i olation of any prov i sions of these Subd i vision
regulations i s hereby determined a nd declared t o be a public
nuisa nce a nd , upon proper au t hor i zat ion by Council , the city may
ins titu te s uch l ega l pr oceed i ng s a s may be necessary t o obta in a
jud icial abatenent thereof. l n acldi tion , the violati on by any
person of a ny pr ov isions of the,;e Subd iv i sion Reg ulations sha ll
s ub j ect the v i o l ator to prosecuti '>n and to such fines and penal ties
as are provided for i n Title 1, Cha pter 4, of ";his Ccxle .
(15) Sect i on 4-5-5 : Failure to Pay , Perld lty ,
If any ut il ity business or occu pati on subj..ct to the
provisions of this c ha pter shall fail to pay the tax imposed wi thin
the t ime p rescribed , a penal ty o f ten per cent (10%) of the amount
of the tax due shall be a ssessed by the Ci ty of Eng l ew<XXl against
such uti lity bm;iness or occupat ion; and the said tax , t'X]e t her
with the pena l ty a s sessment , sha ll be and i s her e by decla red to be
deb t du e and owing fran such uti 1 i ty business or occupati on t o t he
Ci ty of Englewood and subject to collect.ion by ar, action at law
brought by the City of Englewood in a ny cou rt o f co:npetent
jur isdict i on fo r the pu r pose of such c ollect i on .
(16 ) Section 4-4-19:
B. Disregard for Ru les ; Penalty Assessed .
If a ny part of the de ficiency is due to negligence
or intentional di sregard of authorized rules and regulations with
knowledge thereof, b.Jt without intent to defraud, there shall be
added ten percent (10 %) of the total amount of the deficiency; a nd
in such case , interest shall be collected at the rate of one
percent (1%) per ioonth on the amount of the de fici e ncy frm, the
t ime the return was due , fran the person required to file the
r eturn , which inte r est a nd additi on shall become due a nd payable
wi t hin fifteen (15) days a f t e r wr itten notice a nd demand by the
Di rector of Finance.
C. Fraud; Penalty Assessed.
If any par t of t he def iciency is due to fraud with
the i ntent to evade the tax , t hen ther e shall be added f i fty
p.,rcent (50 %) of the total amou nt o f the deficiency , a nd in such
case , the whole amount o f the tax un paid , includi ng the additions,
sha ll become d ue and payable f ifteen (1 5) days after written no tice
and demand b\· the Director of Finance and an additional one percent
(1%) per mont,1 on said amounts shall be added fran the date the
r eturn wa s due un til paid .
(17) Section 11-1-10 : Penalt i es .
The followi ng penalties , herewith set forth i n full ,
sha ll apply to th is Orc'i nance:
(a) It is. unlawful for any person to viol ate a ny of
the provisions stated or adopted in this Ordinance .
(b) ::Ver y person convicted of a viol at ion of a ny
prov i sions stated or adopted in this Ordi na nce shall be punished by
a fi ne not exceed i ng three hu nd red dollars ($300 ), or by
im,.,isonment not ex ceeding ninety (90) days , or by both s uch fine
and impri so1T£1e nl.
(1 8) Section 12-2-3 : Fees and Charges .
(h) Delinquency and Col lect i on
(1) Fees a nd charc,es levied in accordance with
th is Cha p ter shall be paid wi th in t h irty (30) d ays fran the d a t e o f
billing to the City . If the bill i s not paid wi th in ninety (90 )
days after bill ing , 't shall be ci~ de linqu e nt , wher eupo n a
t we nty-five (25 %) s urcharge may be 11np 1sed for collec tion
s erv ice s .
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(2) Non payme nt: All s ewe r charges and
surcha rges , incl uding , but no t limited to , collect ion charges ,
pretreatment char ges , moni toring charges , shall be a lien upon the
property to wh ich sewers are conn ected from the d ate said charges
become due until s a id charges are paid. The owner of every
structure or pranise shall be liable for a ll sewe r charge s for us es
on his prani se:., wh ich lie n or l iability may be e nforced by the
Ci ty by ac ion at l aw to enforce the lien. In case the tena nt in
possession of any pranises sha ll pay t he sewer charges , i t sha ll
r e li<!\'e the l a ndowner from such ob ligat ions and lien , but the City
shal l not be rP.qUired to seek payme nt from any person whoms oeve r
,,th;:r than the owner for t he payment of sewer charges . No change
a l ownership or occupation s ha ll affect the application of this
~-c !on , and the fail ure of any owner to discover that he purchased
property agai ns t wh ich a lie n for sewer service e xists shall in no
,,ay affect hi s liability for such payment in foll. Said delirquent
payments , and the lien created the reby, shall be enforced by
assessrrent upon the property and pranises so served and
cer tificat ion thereof to the County Treasurer for the collection
under and in pursuance as provided for in this Code .
(3) In t he event that any sewer charges or
surcha rg es , includi ng , but no t limi ted , to , collection charges ,
pretrea tmen t charges , monitoring charges or sewer tap fees , mus t be
cer tified to a coun ty for collection as a de lirquent account, a f ee
equal to double the amount owed shal l he cer tified and collect ed .
(19) Section 12-2-6 : Enfo rcanent and Penalt ies .
A, Enforcenen t lluthoci ty
The D:;r ector of Utilities may adopt procedures and
rulo,s for the implaoontation and admi nistra tion and shall e nforce
the prov isions containe<l herein .
B. Noti f ication of Violat ion
Whenever the Director of Uti 1 i ties finds tha t any
person has viola ted or ia violating this Chapter , or any
prohibition, lim itation or requiranen t contained he re in , he may
s e rve upon s uch per son a written notice sta ting the nature of the
violation and providi ng a reasonabl e time , no t to exceed thir ty
(30 ) d ays , for the satisfactory correcti0n thereof. II rreeting with
the Director of Ut ili ties may be scheduled at the r equest of the
violating pe r son or the Director of Ut i lities to di scuss the
violation and /or sa tisfac tory correction s chedu l e .
C. Me t hods of Not i[icat i on
Any notif i cati on required herein shall be served
eithe r personal l y or by registered or certified mail.
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D. suspension of Se r vice
The City may s uspend the wa stewater treatmen t ser-
vice a nd /or a wastewater discharge permit whe n s uch suspension i s
necessary , in the opinion of the Director of Ut i lities and/or
Director of Wastewater Treatment, in order to stop a n actual or
threatened discha rge wh ich presents or ma y present an inminent or
substan tial end a ngermen t of t he heal th or welfare of persons , to
the envirorment, ca uses i nte rference to the POIW , or ca uses the
PO'IW to v iol ate a ny condition of i ts NPDES pe rmit.
Any person notified of suspension of the wastewater
t rea tment service a nd /or the wastewater discharge permit shall
irn red iately stop or e limi na t e the discha rge . In t he event of a
f a ilure of the user to canply vo l untarily with the suspension
order , the Director of Utilities may take s uch steps a s deaned
nt..>eessa ry , inc luding i mnediate s everance of the sewe r connect ion ,
to prevent or min i mize damage to t he POIW or endangerment to any
inclividua l s . 1'1e Director of Utilities shall r einstate the
wa~tewater discharge permit and /or the waste,1a ter t reatment s e r vi ce
upon proof of the e liminat i on of the nonc omplyi ng discha rge . 1'1e
user sha ll pay a ll PO'IW costs and expenses for a ny such s uspens ion
and re storation of service . A detai led written statenent subni tted
by t he user descr ibing the causes of the harm ful co.1tri bution and
the ,neasures take n to prevent a ny future occu rrence shall be
submitted to the Di r ector o f Ut il itie s within fifteen (15) days of
t he date of occurrence .
E. Peanit Revocation
Any user who v iolates the followi ng conditions
he,ev(, or appl icable State and Federal regulations , is subject to
having his pennit revoked :
l. Failure of a user to r epo rt factually the was ':a-
wa ter canst i tuents and character i stics of its discharges ;
2 . Failur e of the user to r e port significan t
cha nges in operati on s or wa stewat er consti tuents and
character is t i cs .
3 . Refusal of reasonable access to the use r 's
pr8Tlises for the purpose of i nspection or moni toring .
4 . Violat i on of conditions of t he permit or this
Ch a pter or any final judicial or der entered with r espect thereto .
5 . Fa i lure to pay any fees or charges .
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6. Tampering with , d i srupting , or destroy ing City
equipnent as detenn ined by the Director , whic h detenninat ion shall
be conclusive.
7 . Fa ilure to re port an accidental discharge of a
toxic polluta nt.
r . Leg a l Action Au t horized
If any user disch~rges into the PO'lW contrary to the
p r rw isions ot tins c>,a pter , Federal or State pre treatrrent require -
nen ~ s , or a ny order of the City , the City At torney may ccmne nce an
acti on for appropriate legal and /or equitable relief , including a
petition in a court of competent jurisdiction for a tanporary
re::;trai ning order , pr e liminary aOO pennanent injunction against the
v ">l ...i tion.
G. furmi nat ion of Service
The City ma y tenni na te or cause to be tenni na ted
wast~ater trea tment service to any usec for a violation of any
provisions he re in .
H, Civi l Liabi lity for Expens e s
Any person v iolating the provi sions he re i n shall be
1 i a ble for any expense , loss or damage c a u s ed the City by reason of
s uch v iolat i on , including the i ncreased costs , if any, for managing
e ffluent and/or s ludge , when such increases are the result of the
user 's di scha rge of toxic pollu tants . The Di r ector sha ll add such
c harge to the discharge r 's tre atrrent charge .
I. Ci vi l Fine Pa ss Th rough
In the event t hat a user discharges suc h pollutants
whi ch cause the City to violate any condition of its NPDES pennit
and the City i s f ined by EPA or the State for such violation , the n
such user shall be fully lia ble for the t otal amount of the fine
assessed aga inst the City by EPA and/or the Sta te.
J . Criminal Pe na l ty and Fines
Any person who viola tes the prov isions of th is
Chapter shall be subject to a fi ne of no t mor e than three hundred
do llars ($3 00) o r by impri sorvnent in t he Cou nty Jail for a period
of not more than ninety (9 0) d ays , or by both such f ine and
imp ri sorrnen t , for each viol ation . Each day in which any such
vi olat i on shall continue shall be deaned a sepa r a t e offe n c
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K. Appropriate Civil Penal ties
In addit i on t o the penalties provided he r e in , the
City may recove r reasonab l e attorney 's f ees , court costs , court
r epo rters ' f ees , and other expenses of litigation by appropria t e
l egal action aga inst the user found to ha ve violated any provisions
herei n, or the ordP rs , rules , reguliltions , and permits issued he re-
under . The attorney for the City , upon request of the City Council ,
shal l petition an appropriate court to i mpose , assess , and recover
such stmS .
Any person who sha ll violate a ny prov, -, ans of this
Chapter shall be s ubj ect to inmediate disconnection of the sewer
s e rvicing the property upon or in connection with which the
violat ion occur red.
L. Appeal Procedure a nd Order
Any peani t applican t , peani t holder , or other user
affected by any decisir>n , action, or determination , includi l"\J cease
and desist orders , mad e by the City other than by a n Engl W '>:-d
Mu nic ipal Judge in interpreting or imp l anenting the provisions
he r e in , or any peanit iss ued hereunder , may file with the Director
a writte n request for reconsideration and a stay of the d ecision
within ten (10) days of such decision, act i on , or determ i nation,
s ett ing forth in detail the facts support ing the request , whe r eupon
the Director of Utilities shall hold a hear ing . The rec_ues t for
r econsideration shall be acted upon by the Director of Utili ties
within ter (10) days fr om the date of fili ng . The decision , act i on
or deteani nation may be stayed during such period of review by the
Di rector of Util ities .
If t he dec ision of the Director o f Utilities is
unsatisfactory to the person appealing , he may fil e a written
appeal to the Water and Sewer Board within ten (10 ) days afte r
r ece ipt of the decision. The Water and Sewer Board may hear the
appeal and sha ll mak e a final ruling on the appeal within
thL:ty-five (35) days of receipt of the user 's writ ten appea l. The
dec i sion , act ion or dete rmination of the Director of Utilit i es rey
be stayed during such per iod of rev i ew by the Water ard Sewer
Board . After the Wate r and Sewe r Board has reviewed the evidence ,
it may issue an order to cease arxl desist to the user responsible
for the discharge directing that , following a specified time
period , the sewer service be discont inued unless adequate treatment
facilities , dev i ces or other r e l a ted a ppurte nances a re properly
ope rated . FUr ther orders and directive as are necessa ry and
appropr iate may be issued . The d ec i s i on of t he Wat e r and Sewer
Boa rd sha ll boe binding on all e nt i ties and the user until and
un l e ss ruled otherwise by an app ropriate court.
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M. Falsifying Information
No user shall knowingly ITllke false statenen ts,
re presentati ons or certifications in any appli c ation , record ,
report , plan or othe r documen t filed or required to be mai ntained
pursuant hereto , or purs uant to its wastewate r discharge permit, or
fa l sify , tamper with , or knowi ngly r e nder inaccurate any rro n itoring
devi ce or .. r thod r equ i red he rein .
Sec' ;vn 11 ,. All ordinances o f a gene r a l and permane nt nature
f;,.d l )' !''"s ed dnd a pproved by the Cit.y Coun c i '. a f te r Mar ch 31 , ,~H', ,,,,,. on or before the e f fective date at this ordinance sh ,ll be
h, ... "'CJ ' ,.1ted in t he proper place in the COde , but no tln ng 1 :1 !:»1..-·I-\
: ,c~ .,i on, o r t his authorizati on therefor, sha ll be con strued as
nu s p,.,,-.I i!l\' t he time s uch leg isla tion takes effect; but such
legi s latic I shall beccxne e ffe<::U ve as if such inc l us ion were not
au~ho ri ze<l .
Sect i on 12 . 'Mie repeal o f any 01 J inance or any po r tion
the reof as prov ided in Secti o n 5 of thi s ordinance sha ll not affect
or im pai r nor be appl i cable t o :
(a) Any act done or right ve s ted or accrued or a ny
proceedi ng , su i t or prosecution had or ccmne nced in a ny cause
be fore such r e pea l shall take effect ; but evety act don e , or r i ght
vested or accrued , or proceeding , su i t , or prosecu t ion had or
cootne nced shall rana i n i n full fo r ce and e ffect to a ll intents and
purpose s as if such ordi nance or part the reo f so repeal ed rana i ned
in for ce . No of fe nse C00111i tted and no liability, penalty or
fo rfe i t ur e , civi lly or crimin a lly incurr ed , pri or t o the time when
any such ordinance or pa rt t he reof sha ll be r e pealed or in any way
a l tered by t he prov i s ions o f t his ordinance or t he Englewood
~un i ci pal Ccxl e 1985 sha ll be d ischarged o r affected by such r e pea l
or a lte rati on ; but prosecu tions and sui t s for su c h offe nses ,
li a bilities , pen a lt i es or forfe i tur e s shall be inst i t uted and
p roceeded with in all r espects as if such p ri or ordi nance o r par t
t he r eof had not been re!)ea led or a l t e red .
(b) i\ny ge ne ral or speci al ordinance , re solut i on o r mot ion
he r e t ofore pass ed , adopted and made va l i da ting , rat ifying or
l ega lizing t he ac t s or ani ssions o f any of ficer or va lidating any
ordinance , act or pr oceedi ng whut e ve r ; bu t a ll validat ing or
l ega l i zing acts of and by the City Council wha t soeve r a nd now in
force a r e he r eby cont inued i n fo r ce .
(c) Any ordinance r e l at ing to the pu bl ic deb t or the publ i c
credi t or any anne xa ti on of t e rr ito ry .
(dl My or di nance r e l ating t o a con tract to wh i ch the Ci ty
o f Englewood , Co l orado , is a par ty or to any contract mad e for i t s
bene fit.
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(e ) Any ordinance , resolution or motion making appropria t i on
11f pu blic funds.
(f) Any ordinance levying a special benefit assessn-ent or
cts?at i ng a lien and debt against any property situate within the
City of Eng lewood , Colorado, and improved by the opening , widening,
e xtension or paving of any s treet or public thoroughfare within the
said City of Englewood and/or the installa tion of gutte rs, curbs ,
..:urbwalks or sidewalks along said streets or thoroughfares.
(g) Any ordinance or resolution granting any fra nch ise ,
llcense , right or r evocable permit to any person , firm or
corporation , which franchise , license, right or revocable peanit
""as l egally in force and effect on the date of the effective date
of the Er>;Jlewood Municipal Code 1985; it being the express intent
~M purpose of the City Counc il of the City of Englew ood that every
such f ranch ise , l icense , right or revocable pernu t shall expire as
originally prov ided by the ordinance or r e sol ution granting the
same unless sooner terminated by the Council, acting und er and
pursua nt to the Charter of the City of Eng lew ood .
(h) Any ordinance or resolution prC1T1ising or gu aranteeing
the payment of money by t he City or authoriz i ng the issuance and
s ale o f General Obligation or Reve nu e Bonds by the City .
(i ) Any adm inistrative ordinance or re solution of the City
Council no t in conflict or incons iste nt wi th the provisions of the
b'nglewood 1'\Jnicipal Cod e 1985 .
(j ) Any ordi na nce provi di ng for and making the a nnu a l t a x
l evy i n and for the City of Englewood , Colorado .
(k) Any ordinance or r e solution establ i shing fees for
building permits and inspections .
(l) Any ordinance or resolution establish ing the amount of
bond to be pos t ed by Ci ty officials .
(m) Any ordina nce or r esolution r e lating t o the s alaries of
City office r s or emp loyees .
(n ) Any ordina nce , resolution or motion an ne xing terri tory
to the City ; or any ord inance or ordinances e stablishing l and u se
zon i ng districts in the City , r egu l ating the use of l and and the
use , bulk , height , area and yard spaces of buildi ngs, adopting a
map of zon ing districts , provid ing for the adjustment , e nforcemen t
and amendmen t therefor .
(o) Any ordinance, re solution or motion naming, renaming
open ing , a cepti ng or w1cati ng streets , a lle ys or righ ts-of-way in
the City or any ,rdinance amendi ng the same .
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Sect ion 13 . The Englewood Mu n icipal Cod e 1985, or a ny
cha pter or section thereof , may be proved by a copy t hereo f ,
certified by t he Ci t y Cle rk of t he City of Englewood under t h" Seal
of the City ; or when printed in book or pamphl et f orm a nd
pur porting to be printed by a uthority of the City , the same shall
be r eceived in evidence in all courts wi t hout fu rthP.r proof of the
existence and r eg ula r ity of the e nac brents of ,i· \' t>a rt.i c ula r
ordi na nce and o f said Code .
Section 14. Pursua n t t o and in complia nce wi t h 31-16-203
Colorado Revised Statutes , the City Cl e rk of the City o f Eng l ewood
i s he re by au t horized and di rected to publish no t i ce of a public
hea ring on the adoption and e nacbrent of the Englewood Municipal
Code 19 85 to the extent and pursua n t to t he s ch edule for such
publications pre scr ibed in 31-16-203 Colorado Rev ised Sta tute s ,
s aid public heari ng to be he ld in the Council Chambers , Ci t y Hall,
3400 South Elat i Street , Eng l ewood , Ar apahoe County , Colorado, at
5:30 p .m. on June 10 , 1985.
Section 15. -----
(a ) At freque nt interva ls after t he appr val of this
ordi nance , all ord ina nces o f a gene r al and perman nt nature passed
and approved duri ng the precedi ng per i od shall be ,evised , arranged
and p r epared for publ icat ion i n t he form of loose' ,f supplanents,
r epri nting t he pa ge or pages o f the Cod e aff<ected , Lanov ing the
amended or obso l ete prov i sions and in ser t ing the new provis i ons.
(b) Any and all additions or amendme nts to the Cod e , whe n
pa ssed in s uch form as to ind icate the intent ion of t he City
Cou nc il to mak e the same a part there of , sha ll be deaned to be
i ncorporated in the Code so that reference to the Englewood
Municipal Ccxl e 1985 shall be und e rstood a nd i ntended to incl11d e
such additions and amendme nt s .
(c) In case of the amendme nt of any section o f the Code fo r
whi c h a penalty is not provided , the gene r al pen,· .:f as provi d..cl in
Section 1-2-1 of such Cod e sha ll a pply to t he s ec tion as amended ;
or i n c as e such amendme nt contai ns provisions for whi.;h a penalty ,
othe r than t he aforanent ioned ge nera l pena l t y , is provided in
another sec t ion in the same chapte r , the pena l ty so prov ided in
such othe r sect ion s ha ll be held t o r elate to the sect i o n so
amended , unless such pena lty is s pecifical l y repealed ther e in .
Section J •• .~ copy of such Code shall be kept on file i n the
off:iceoftfieci r} Cle rk , preserved i n l oosele af f orm , or in such
o ther form as the Ci ly Cle rk may c onsider r,.ast expedi e nt. I t sha ll
be the expr ess duty of the City Clerk or someone author ized by him ,
to in s ert in the ir designated plnc es alt amendrre nts or o rd inances
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which indicate the intention of the City Council t o make the same a
part of such Code when the same have been printed or reprinted in
page form , and to extract fran such Code all p rovisions which may
be fran time to time repealed by the City Council. 'ttlis copy o f
such Code shall be a va ilable for all persons desiring to examine
the same and shall be considered the offici a l Erxjlewocxl i'tlnicipal
Cod e 1985 .
Section 17 . It Rhall be unlawful for any person , firm or
corporation to change or amend by additions or de letions , any part
or portion of such Code, or to insert or de lete pages or por t ions
thereof , or to alter or tamper with such Code i n any manner
whatsoever which will cause the ordi nances of the City of Englewocxl
to be misrepresented thereby . Any person, firm or corporation
violating this section shall be punishe:l as provide:l in Section
1-4-1 of Englewocxl !'\Jnicipal Code 1985.
Introduced , read in full , and passed on first r eading on the
20th day of May , 1985.
Published as a Bill for an Ordinance on the 22nd day of
May , 1985 .
Read by t itle and passe:l on final r eading on the 10th day of
J unt!, 1985.
Published by title as Ordinance No .~. Series of 1985, on
the 12th day of June , 1985 .
I, Gary R. Hi gbee , ex officio City Clerk-Treasurer of the
City of Eng l ewoo.J , Colorado , hereby certify that the above and
foregoing is a true , accu r ate and canplete of the Ordinance passed
on final r eading and pub lished by title as Ordi nance No . ,,j_.s.___,
Series of 1985.
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