HomeMy WebLinkAbout1991 Ordinance No. 011rnDINAllCE NO. / /
SERIES OF ~ 1991
BY Alm!ORITY
COONCIL BILL NO . 63.1
INTROOUCED BY COONCIL
f.!El'IBERS P-• .A.Ttll\i·IAY A!ID
a.AYTOl
All CIIDINANCE AMENDING ENGLJ:l,,COO MUNICIPAL CODE 1985 BY REPEALillG PARTS OF
TITLE 6, TITLE ll, AND TITLE 16 AND ADDillG A lffi'I TITLE 15 .
1'111EREAS , the restructuring of the Englewood Code will provide for rrore
effective enforcerent by the Code Enforcement Officers and will be rrore con-
venient for the citizens as a whole; and
1'1HEREAS, a Task Force was established to review environrrental and
nuisance issues; and
WHEREAS, the Englewood Planning and Zoning Board and Environmental Call-
mitt ee has reviewed the Task Force recanrenclations and made ccmrents thereon;
and
WHEREAS, regulation of oorelict and hobby vehicles have been specifically
nodified; and
WIIElW\S, nie City Council feels it necessary to update the Englewood Code
periodically; and
WHEREAS, the City Council feels it is in t.>ie best interest of the heal th,
safety and ...alfare of its citizens to make the following changes;
!0-1, TIIEREFCIIB, BE IT CJUll\INED BY THE CITY COONC IL OF THE CITY OF EN:;t.E-
IOXl , COLCIWJO, AS FCILLCl'IS :
~-Olapters 3, 3A, 3B , 3C and 4 of Title 6; Section 4 of C' pter
1 of Title ll ; Section 1 of Chapter 4 of Title 16 Englewood Mun icipal Code
1985 are hereby repealed ; and
Section 2. A new Title 15, Englewood Municipal Code 19 85 , relating to
health, sanitation and envirorurental protection , is hereby added to read as
folla.s :
TITLE 15 EIEI\L"m, SI\NITA'.l'IC!i /\ND ENVIRIN-!ENrAL =rn
15-1-1 /IPPLIO.OILI'IY:
The persons t o 1.i'\01\ this Title applies shal l be naspons:.ble to maintain their
pr~y in conformance wi t..11 the provision s of this Ti le. such persoii s are
also responsible t o conform to the provisions of this ordinance fran the
boundary o f their property to t.'le center of any a!ou ung al l ey and to the
trav,aled portion of any adjoini ng street.
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15-1-2 DEFINITICNS :
For the purpose o f the application of the provis i ons of this Oiop c6 X, t:,e fol-
lowing definitions shall apply:
GI\R/\GE , PRIVATE
H1\NDBILL, CXJ.t.!ERCIAL
HANDBILL, NOOCCM!ERCL'IL
JUNK
A public way less in s ize than a
street, which is no t designed for
general travel, which is used primarily
as a means of access to the rear of
residences and b1 .siness establish-
ments, and which affords a secondary
me11ns of ac cess to property.
A building, o r part thereof, attache d
or detached and accessory to the main
bt:ilding, providing for the storage of
noter vehicles, and in which no busi-
neas is conducted.
Animal or vegetable wastes resulting
fran the handling , preparation, cooking
and ccnsunption of food .
Any printed or reproduced pa!lllhlet,
leaflet or similar document or S"1ple
which advertises for sale any merchan-
dise , product, camodity or thing, or
which directs attention to or adver-
tises any rreeting, theatrical perfor-
mance, exhibition or event of any kind
for which an aanission fee is charged
for the purpose of private gain or
profit; o r which proposes a service or
any other ccmrercial trlmSaction.
Any printed or reproduced paJ1l'h].et ,
leaflet or similar device or sanple, or
any other printed or otherwise repro-
duced original , or copies of any natter
o f s:ini.lar t ype liter a t ure not included
in the aforesaid de fin ition of ccmrer-
c i a l handbill ; o r any of the forgo ing
whic:h se ts forth a political or
ideol ogical ressa qe .
Scrap iron , scrap t in , s crap br ass ,
scrap copper, s cra. lead or scrap Zl nc
an d a ll other scr ap metals and thei r
all oys , and bone s, rags , used c l oth ,
used rubber, u sed r,:,pe, used tinfo i l ,
used bott es , o l d or 11 s e d nachinery, -
use d tCX>ls , used a pliances , used fix-
tures , used ut ensils , used lumber, use d
boxes or c rates I used pipe: or pi f i t -
t ings , used autarob1le or airplan e
JUNK YARD
LITI'ER
NOXIOOS MATrm
CEGANIC
PRDUSES
PIDUSES, PRIVATE
t ires, and other manufactured goods
that are so worn, deteriorated or ooso-
lete as t o IMke them un usable in their
existing condi tio n , oot are subject to
being dismantled.
A pl ace whe r e junk , waste, discarded,
o r salva,;ed materials are !:ought, sold ,
exchanged , stored,bal ed, packed , disas-
sembled, or handled, including auto-
m:,bile wrecking yards, house wrecking
and structural steel materials and
equiEJrent, but not including the p.ir-
chase or storage .~f used furniture and
household equipre.,c , used c ars in
operable condition, used or salvaged
materials as part of manufacturing
operations.
Garbage, refuse , and rubbish, as de-
fined herein , and all other waste
material which , if thrown or deposited
as herein prohibited, tends to create a
danger to public heal th, safety an
welfare.
Material which is capable of causing
injury to living organisms by chemical
reaction or is capable of causing
detrimmtal effects upon the physical
or ecooani.c well-being of individuals .
Referring to or derived f ran living
organisms.
The record Owne r whe ther person, firm
or corpor ation, or any agent or rep-
resentative of the record owner.
'A l o t , parcel , tract or plot of land,
t og ether with the bui lding s an d struc-
t ures thereon .
1\ny d;ell i ng , house, buil dl.ng or other
s nicture , desig:,e d or used, either
who lly or in part, for p n va t e residen-
ial puqx:,ses, whe ther inhabited o r
t ce -porarily o r continuous l y uninhabited
or c·acan t, and shall lnc lude an y yard ,
grounds , walk , dri ve-,..,ay , p::,rch, steps ,
ves --1bn e or ma iltox be l onging 0r np-
~w-:e--,ar.t o s uch d\..sel l i ng , i ous e,
~~,u: :.:.::--ir her ~truct ur e, a'1d pr 1-
, • ., .. >?-l!\.'ld cm ,l uch nc, 001.;cil.ng exi s t s .
Pr:\·ate prt:.! ses includes business
rr rty .
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POOPERT'i
POOPERTY, llUfINi'SS
PUBLIC Pl.PCB
Pl7I'RESC I BLE
RB:RFATICN\L VEHICLE
RmJSE
RUBBISH
SPJx:IAL IKJBILE F.l]JIPMENT
?.and ann, generally, whatever is erec-
ted, gr:.winq upon or affixed to land.
?Pe l pr operty on which is h ::=a ted a
building . Prq,erty that is zoned or
used for crnmercial use which is used
princi pally for the sale or lease o f
rrerchandise, gc:x>Cs , or servic.~s , or
interest i n l and wh i ch is generally
recoqnized as bei1,g zoned for a reta il
o r wholesale business .
Any and all strePts , sidewalks ,
boulevards, alleys or other public ways
and any and al 1 public parks, squares ,
grounds and buildings awned or mai n-
talned by the City or other qovernrren-
tal agency provided for the benefit of
the general p.,blic.
Capabl e of being deccrrposed by micro-
organ i sms wi th suffici ent rap idity t o
cause nuisances fran odors or gases.
A vehicular-t ype, portabl e structure
witho ut permanent foundation , which c an
be towed , hauled or driven and primari-
ly designed as tenporary living ac:can--
m:xlat ion for recreational , carrping and
travel use and including, but not
l imited to travel trailers, truck can-p-
ers, carrping trailers and self-
prq,elled JTOtor hares.
•.11 p.,trescible or non putrescible waste
includin, garbage, rubbish , ashes,
street clean ing , dead animals, offal,
dr q,pings , abandoned appliances and
vehicle parts.
Nonoutre scibl e waste consistina o f beth
crnt,ustible and noncanbustibl e wastes ,
such as paper, wrapp ings, leaves,
branches, wood , waste building
rat erials , gl ass , bedding , c rockery,
household furnishings and s imil ar
mat e rials .
::ea,s and consists of vehicles , self-
pr ope lled or otherwise, de s i gned
primarily for cperation or use on or
off t he s t reets and !11g:11,-:ays and on l y
incidentally used or --o,·ed upon such
street s or h10~1wavs. ~1s definition
shal l include • by ·way of exarrple , but
not by way of l Lm a ion , s n0,,1plO,,lS 1
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STJ\NIJ CR STl\NDING
STCIUIGE/~OTCR VEHICLE
= = OR t• til·lE
road construction or mai n tenance equip-
trent , ditch digging or excavating ap-
paratus , well drilling or boring equip-
rre nt, f ire-fighting equii:ms,nt , ve!1 icl e s
fusigned to transport equiprent and
vehicles used in oonnec ion with o r for
the repair and maintenance o f construc-
tion or mai ntenance equiprent tem-
porarily o r permanentl y rroun t ed on such
vehicles , prov ided that such equiprent
is transported fran yard to job, job to
job, or job to yard and equiprent
primarily designed for hoisting , lift-
ing , rrov i ng , l oading or digging q,era-
ions . The foregoing de finition is
partial and shall not i nc l ude other
vehi cles of unusual design , size or
shape that are designed primarily for
purpores othe r than t r ansporting ner-
chandise or passengers.
The halting of a vehicle, 1-.tlether occu-
pied or not, other than nnrentarily for
the purpose of and -'!lile actually en-
gage d in receiving or discharging
passengers.
To leave, park, stand , o r halt a vehi-
cle or rrotor vehi c le in a certain place
for a period of seventy-two hours or
l onger .
lV\y public thoroughfare for the free
passage of persons , trade and camerce,
and 1mich affords a principal rreans of
access t o prcperty abutting along i t s
length. This tenn does not incl ude
private roads .
Any ;.'heel ed vehicle, without rrotive
pa.-er and having an errpty weight of
rrore tha~ t.o thousand pounds , which is
designed to be drawn by a rrotor vehicle
and o carry i ts cars, load 1-.tlolly upon
i s O,,Jl"l structure and which is general-
ly and c rnt'"Only used o carry and
tranS;XJrl property over lhe public
►i:.gtr ... ·ay~ .
.ny -....4"\eeled \"e!"'.icle v.7uch is a s1nole ,
s12:lf-con a1ned ·u.1t, with rot1ve p:,.,.er,
· ... ~1 • c\, 1 s ,i-.:s l~•~ and generally a"ld
'"11 y ...,..;.:.d for "l..-Cl:?al1CY by rso;1s
• r ~cs1-:. -:t 1 ::i.l : ~ ses, 1n e1t~er
-:~ r -Y or--...,r:-v\..'".ent locat i ons , a'1d
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TRAILffi, S ·ll\LL
TRASH
TRASH CXNl'AINER
TRUCK
USl\BLE CPm SPACE
which 11\dY occasionally be driven over-
the public highways as a note r ve h icle.
For the p.,rpose of Title 15, Englewood
Municipal Code ooly , a small trailer is
any wheeled vehicle , without rrotive
power and having an errpty ..-eight of tl--0
thousand rxounds or les s , which is
designed to be drawn by a noter vehicle
and to carry its cargo l oa d wholly upon
its o,,n structure an d which is general-
ly and camonly used to carry and
tranS[XJrt p roperty over the public
highways .
All putrescible and nonputrescible
was t e, both cari>ustible and noncarbus-
tible , including without limitation:
animal and vegetable waste resulting
fran the handling, preparation , cooking
and consurrption of faxi ; ashes ; cans;
paper; wrappings ; cigarettes; card-
board, yard clippings; leaves,
branche s; wood; dead ani.Jrals; offal ;
droppings; waste and used building
materials ; glass; bedding ; crockery;
abandoned or unusable household fur-
nishings; abanclcned or un usable ap-
pliances ; and abandoned or unusable
auta10tive or other na::hanical parts or
cbjects .
A container of metal , 1-.0od or plastic
with a top or oover that can be secure-
ly fas tened on the container tu prevent
the c ontents fran being carried or
scattered by the elenents or animals .
Paper or plastic bags are not pennitted
trash containers except for grass clip-
p ings an d l eaves, if p r operly secured.
Any noter veh·.c l e equipped wi th a body
designe d t o carry ,>roperty and wh i c h is
gener ally and ccrronly used t o c arry
and t ranS[XJrt pr . y ove r U1e public
h i ghway s .
•"n-site space whlro 1s ,,bsent o f any
bu i lding or s rucrnre. ~ space
cculd oontain , rut i.s not llll\lted to
the follo ... ·ing: s1de-... ·alks, trel l ises ,
s.,.;i:igs , arbor,;;, s-,..·lIT'll.ng p:::ols, tennis
o.JUrts, rt..""id ::.ariC.s-~: :.ng . Surface park-
1:1<1 1s not t.c be .:--.,s:i.CErcd a~ .sable
OY:!1 5?a;-e .
Vl:l-lia.E
Vl:l-lia.E , CXM·!ERCIAL
vm!ICLE, IERELICT
VD!Ia.E, HOBBY
Vl:l-lia.E' l·x:m:R
MeMs any device which i s capabl e o f
m:,vi ng itself, or o f bei nJ r.oved , fran
pl ace t o place upon whee l s o r e ndless
tracks; such term , for the purpose of
this Title , shall not inc lude any farm
tractor or an y .inpleaent of husbandry
designed primarily o r exclusively for
use and used in agricul t ura l cper a ·i on
or any device r.oved by rruscular po.,er.
Thls definitio n also mean s any self-
propelle d vehi cle which is designed
primarily for travel o n the public
highways and which is generally and
C011110nl y used t o transport persons and
prq:,erty over the public hi ghways .
Any noter vehicle licensed by the State
of Colorado as a c cmrercial vehicl e .
An y vehicle designed, maintained or
USed pr .i.marily for the transporta t i on ofprq:,erty.
Any vehicle \olh ich is wrecked, damaged ,
or substant ially dismantled to the ex-
t ent that such vehic le is inoperabl e or
i s incapabl e of being m:ived under its
<Ml power. It shall include any vehi-
cles missing aie or nore wheels and any
vehicle which lackr, a current license
p late or emissions s ticker or which
l acks insurance .
Any vehicle of the follawing type in
the process of being built, restored or
mai ntained as a hobby or diversion f ran
aie 's regular occupation: boat, clas-
sic c ar , experiJ!ental car, off-road
vehicle, r ace car and derelict vehicle .
Any self-prcpelled vehicle which is
designed primarily for travel on the
public hi ghways and which is generally
and ccmn ,nly used t o transport persons
and property over t..,e public h i g'iways .
;leeds, grass , brush or ot rc.~ rank o r
noiuous vege atcon which has grown to
rnturi ·, or 1s .L"'l excess of six inches
(6 ") l.1l
0
heigh ,
An ex1st inq or rer;u1red open space
1 oth'=:r tha., a .. 1 on ►ie sa"'"e lot
wi th a pr1ncir:i.rt.l bu11 ng or s ruct ure,
q,en, unoccupied r.t unobst ructed fro,
the ground to the sky , excent as her-
wi se provia?d, h~re1n.
'iJ\RD, FROII' fl yard exto,ndlng across the ful l width
of the l o t ween the front lot line
and the neares line or point for
b uildlngs as requ \ reel by setback
require:rents.
=· RfJ\R
A yard extendlng across e full width
of he l ot tween the rear l ot line
and he nearest line or point o f the
principal buildln .
'OIRD, SIDE A yard bet"-"<:n the s ide line u the lot
and the near st line of the buildlng
and e><tendlng fran the front yard to
th~ rear yard, o r in the absence of
either of such yards, to the front -,r
rear l o t line, as may be.
Clll\Pl:Ell 2
15-2-1 'mASJI/JrnK/SALVNJE -GlllfllAL RmlIATirn5 :
A.
B.
c.
D.
E .
F .
G.
H .
tlo person shall throw, .>lac'!! r,r deposit any trash en any public street,
in a public park or place, o r in any public buildlng within the City ex-
cept in trash containers .
!lo person !!hall throw , place or deposit any trash i n any fountain, lake ,
bay, stream or other body of water within the City no.: en any occupied o=
vacant property within the City.
tlo person shall affix any poster, notice or like device to attract public
attention, to any lanppost , public utility post, traffic control device ,
tree , public stnx:ture or building except as rray be authorized by law.
!!very occupant , leasee, or owner of a business propert y is required to
keep the sidewalk adjacent to the property or t.'le proportional share of
cam-on sidewalk, walkway, mal l, or parking lot free fran t rash , except as
provid.."<i in Section 15 -2-3 (E).
No c=lJpant , leasee, or O\mer of r eal pr operty shal l 51,-"'P into, o r
deposit in, any gutter, street , alley or public place the accumulation ot
grass clippings, l eaves , branches or trash fran his or her bu1ldlng ,
sidewalk o r driveway , except as provicled in Section 15-2-(E).
No driver or passenger o f an autarobile, t orrycl~, t.1cycle, aircraft,
e r other vehicle shall t..'lrow , place or de s lt trash •pc.:, any r eal prop-
erty or any public street or public are a wit.tan tho> 1tv .
~Jo rson shall drive a."w truck, t.r a1ler , s.-nall tr l ~ 1, s; •:-c1.:1l 1le
equiprent o r like vehicle· int o or with i n t he rit.y nnlE ~ ~t-=;. contents are
covered or l ooded to prevent t!1m :'r'Tl .. 1'1q f..("a ... t ·-, .
Ho person shall drive a,y t.rud;, Lr i le 1. , s;--.,~ 1 u ~,
equiprent or like vehic e into or ...,•1thin Lhe 1~1t; ,tnG
:er or track dflY rrud , CJ.rt , trash , 01 l nr ether f, rr:-r.1
public s treet , alley or other public place .
!'I. 1al 1le
K,ir ') scat-
-.3 t,-:or into a
I. No person shall throw o r deposit trash within the trash container of an-
other person without that person's express or irrt>lied consent.
15-2-2 'mASH/ ~/SN..WGE -RESIDENrIAL DISmICT RfnJLIITIOIS.
A. !lo person shall sto re junk out-of-doors .
B. No person shall conduct or permit salvage or s t orage operations or
facilities in any residentially zoned area.
15-2-3 PUlill1l:m !\Nil Rfl.(M\L Cl' 'ml\$:
.!\. Every occupant or c,.mer of real property shall remove, o r c ause the re-
l1'0Val of, all accumulations of trash fran such property, and, pending the
rE!IT'OVa l, shall place the SMe in a trash container kept for that purpose.
Upon raooval, the sane shall be t aken to a site aul.hor ized for disposal
of trash.
B. '!he occupant or a-mer of real property within this city st.all take or
place for collection all trash s tored oo the real property to an au-
thorized site for the disposal of trash within a period of seven (7) days
after accunulation .
c . All persons shall store all trash in covered trash containers in such a
manner as to prevent i t fran being carried or scattered by animals or the
elenents and to prevent the emission of ooxious or off ensive odors .
D. All occupants or a-mers of real property shall set trash containers back
at least five (5) feet fran the side property lines and conceal them with
an cpaque or oon-see-through screen. no person shall store trash and
garbage in the froot y ard for ITOre than twenty-four (24) hours prior to a
sche&lled collection or pick-up.
E. All persons shall place trash containers within the public right-of-way
only on regularly s cheduled pick-up or collection day s and in a manner
which will not obstruct vehicular o r pedestrian traffic and shall rerrove
said trash containers fran the public right-of-way not latP.r than t,..,,enty -
four (24 ) hours after the pick-up or collection .
F. No person shall engage in the business of removing or hauling trash in
the City wi t hout first obtaining a lice.~se t herefor . A yearly nontrans -
ferable license shall be issued by the Dircc r of Finance upon annual
pay,rent o f five dollars ($5.00) per vehicle.
=rm 3
15-3-1 leeds -Gl:NERJ\L ~!Elrni:
A. 0.1t ting or removing of ,.,.,ds, Every cupant and/or er o f real prq,-
erty shall cut, or cause to be cu,:, al •,,.,.,ds or grasses over six ( 6 )
inc~s in he i ght growing t..,ereon a"ld shall renove, or cause tJ,e rerroval
of , saiC weeds o r grass to a site al:t~orized ,cir Fuch d.lsposal .
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15-3-2 !Cl'ICE ro CllT AND RIHJ\IE WEEDS NE/rn DISPCEE Of.> 1.R/\SII, JUNK CJl
SM,VPGE.
A. 1n1enever the Citv determines that weeds and/or accumul ation of trash ex-
ist on real property within the City which are in violation of this Olap-
ter, a llotice of Violation may be posted on the property 1cquiri ng that
such weeds and/or accumulatio ns of trash be rerroved with.:.n rive (5) days .
l\~ver pr oper abaterent action has not been undertasen pursuant to the
aforerrentioned Notice of Violation , a placard containin<J " notice lJl sub-
stMtially the following fonn may be posted upon such real prq,erty , for
a period of not less t.han five (5) days nor 1TOre t.1,an ten (10) days.
ro TRE o.:.nJPJ\Nl'S IHJ/rn CHIERS CF nn:s PIO?fRl"i:
Notice is hereby given that there exists upon this prq,erty accumula-
tio ns of weeds and /or trash which have not been rem:ived and disposed
o f in accordance with the provision s of ___ _,----,--,, llotice
is further given that unless the sarre are rem:,ved on or before
, 19 , the City of Englewood
-shal,-'"'l,-ca_use _ _,th.,-e_sarre_-.,.to-,-be-rem:,ve--~d and disposed o f, in which event
the o.mers o f this prcperty shall be liable for all costs, expenses
and penalties therefor as set forth in....,..-,--,-~-o f the Englewood
Municipal Code of the City of Englewood, including assessm?nt of a
prq,erty lien for the costs incurred .
B. Failure to CC11ply with notices. If any occupant who is not the a.mer of
real prq,erty fails to CC11ply with a notice given i;,,rsuant to this chap-
ter within the tine period specified, the City Manager or his designee
shall notify the nonresident a.mer of the prq,erty, if any , of t he viola-
tion giving him frve (5) days to rem:,ve and dispose of the weeds/trash .
If the trash /weeds are not rerroved or disposed of as required, or if
there is no nonresident c,.,mer, the City Manager or his designee is au-
thorized to cause abaterrent of the condition specified in said notice .
All costs for abaterrent incurred by the City pl us an administrative cost
o f twenty-five percent ( 25'%,) of the direct cost shall be charged against
the real prq,erty and i ts c,.,mer.
c . Notice of costs. If the City in=s oosts taking abatement action re-
quired by this Section, a s t aterent shall be prepa..red for the entire cost
plus twenty-five per cent (25'%,) admin ist rative oosts, a~d sha l be mailed
by Certified Mail, Return Receipt Reque sted, to the prq,erty a.ner with
inst.ructions that said costs for abaterrent shal l be paid in full wit.l;in
t.1,irty (30) days o f said mailing date. 'n-.e stat<n:?nt shall also inform
t.1,e property c,.,,r,er t.'1at failure to ;,ay u'le costs fer aba ement within
t.'lirty (30) days s.'iall result in an e.sses , nt b-. 1~<1 '.Mc'.e agains the
pr q,erty "· ich shall constitute a l ie:-, to the benef, ·. of ~he rity pur-
suant to the r,,ravis:ons of this Title.
D. .;sses nt of costs. If the full arro"Jlt o: !1e ros: ~:a e:~nt 1e-.1arCJ...nq
weed and/or trash a:iaterent is no pa1c wi.t.'lin t 0 • r •·
s a e--ent nai l ino d.J.te, the Ci tv : :ancnu er ~is Cr~ .. · --:E"I
entire ar-ount of the stat~n~ :Jl 1 .~ -ad.,1..lti .. '\
t25'\) :->e:1a!ty aga1r.st the specified I.e.-: ~.:....X>1."1--•
t..iie City ::a,ager er 1-us desicmee , a -~:.· s~.:,~l ..
record of the assessed prq,erty. ?-.e ?.s~ess-e:it a:.~ =tl ~
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.,,, ) davs of the
1-;-11 a.i;s~ss ":he
~ \·e rcent
·es nt by
"'i=!.<"\.. .--,,.,r,er of
r ... a111 "' lee al
description o f the pr~y, the expenses and costs incurred , the date
that the abaterrent action occurred, and a no t ice that the C.i ty claims a
lien for the stipulated am:,unt. nie City Manager or his designee shal l
certify s uch assesSIT'ent to the County Treasurer who shall collect such
assessn-ent in the sane manner as ad valorem taxes are oollected.
E. Lien .:ssesSIT'ent. Fran the ddte of the assessing staterrent, all assess-
n-ents shall constitute a perpetual lie n against the specified real prop-
erty and shall have priority over all liens excepting general tax liens
and prior special assessn-ents. !lo delays, mi sta1tes, errors or ir-
regularities in any act or proceeding authori zed herein shall prejudice
or in•,alidate any final assesSIT'e nt ; but the sane rray be rerredied by the
City Manager or his designee , as t.'1e case rray require, upon ;,pplication
rrade by the pr~y owner or other intere sted person. \·/hen so rmedied,
the sane ahall take effect as of the date of the original asRe sSIT'ent.
F. J\Weals. Any occupant or o..mer of real prcperty rray app-·,. ' the staterrent
of oosts or lien assessn-ent, in writing , to the City lanager withi n five
(5) days of his receipt of notice. nie appeal shall oontain the appel-
lant's narre and address, the deci sion being appealed, and a brief ex-
planation why the appellant st.ould not be required to ccr.ply wi th the
dcx:urrent appealed . nie City Manager or his designee rray rreet .'.nfornwly
with the appellant to exchange necessary inforrration and shal l issue a
decision in writing to the appellant at the address stated in the appeal.
G. Other raredies.
l. Any unpaid charge plus the oosts and assessrrents not res ulting f ran
action by the Engle,,axl Municipal Court shall oonstitute a debt due
the City. nie City Attorney shall, at the direction of the City
Council, institute civil suit in the narre of the City to recover
such charges, costs and asseSSIT'ents. niese ren-edie s shall be
CUIIUllative with all other rerredi.es, including prosecution in
t!unicipal Court for each violation of this 0-.apter p urs uant to the
provisions and penalties established by Title l, Chapter 4 of this
Code.
2. nie occupant or o..mer of the subject property rray be cited into En-
g lewood !•!unicipal Court for failure to caiply with this Chapter
without receiving prior notice as allc,..,,ed in this Chapter. n-,e is-
suance o f three ( 3) or more notices of violation of this Chapter
sl-.al l be prirra facie evidence that the occupant or o..me r deliberate-
ly and wi lfull y violated this Olapter and rray be punished within
the discretion of the Court as provided in Se::tlor 1-4-1 of the En-
gle..iood Municipal Code of 1985 . This rerrecy shall be cumulative
with all other rare dies .
OIAPI'ER 4
15-4-1 DISTR1B.Jl'ICN CF fl1\NDlIILIS -RESTRICl'IOIS :
A.. ~lo person shall dist.ribut~, pl ace or sell any .=rrrercial or nonca,trercial
!:i=i.n dbil l, advertise-rent or similar literature in or upon any street ,
5i dewalk, any ~r:.vate parking l ot q-,en for p1lblic use , o r any other
'?tiOlic r:,l ace w1t:.:r the City ; provided , ~--ever, a rerson may distr ibute
fri. .. ~ hancfu ills directly t o persons w~o ai ~ w1l11nc to :-s...-cep t thrni.
B. No person shall distribute any handbill or s imilar literat ure upon any
inhabited private premises except by placing said itans in a manner as to
prevent them fran being bla,,n or drifted about said pr emises. Mail b.~xes
shall not be u sed for distributio n when such dis tribut i on is proh ibited
by Fec'eral re,gulations . No person shall distri.ou te any handbill o r simi-
l ar literature at any vacant premises .
C. tlo person shall distribute any handbill , s o licit f unds , dis tribute
literature or sell an article upon any r eal pr operty if r equested net t o
oo so by any occupant o f said property or by &y s i gn pos ted oo s aid
property instrucling against &uch act or action.
15-4-2 IWlDBILLS -EXOl"l'IOlS:
.-... The provisions o f this chapter s hall net apply to the pr oper distributi on
of mail by the United States Post Office . It shall also net apply to the
c'elivery of newspilp('.rs which are legal publications , provic'ed that new!J-
papers shall be distributed in a manner which pr event s their being car-
ried 8May by the elements and provided further that the property has not
been posted instructing against such act or action.
CBI\P1ER 5
15-5-1 vmIC:U:S -PARICIRi/SlUUIGE Rl!GIIATICJIS DI ML D.T.RJJn:Cl'S:
A. It shall be unlawful for the cperator or """"-C , f an autarobile transport
trailer, road tractor, truck tractor, m.,v1rtg van, transi t-anix concrete
truck, trailer, seni-trailer or truck with an 01pty weight in excess of
seven thousand (7 ,000) pounds (70 c.w. T.) or special n-obile equiµrent to
stop, stand or park such vehicle or to cause such vehicle to be stopped,
stood or parked en any street or highway, alley or other public way
within the City for a perid in excess of four (4) hours at any tine,
except when such vehicle is b,;,ing expeditiously l oac'ed or unloac'ed or
such rrd:lile equir-rnant is being used to perfonn the special cperations for
which it was designed.
B. No person(s) shall !)ark any tank truck(s ), tank trailer (s ), t-.ank seni-
trailer(s) or other truck(s) used to transport hazardous subs tances or
materials upon the streets, alley s or public or pi:ivate p l aces wi thin the
City =ept when entirely eq:,ty and then only for a period not exceeding
one (1) hour. tlo person shall repair any cargo area o r tank of such
vehicks wi thin thi s City exc ept when such cargo area or t ank oi: such
vehicles are ccr.plet'?ly empty o f flamnable liquids, vapors , or hazaroous
subst ances or !'laterials , and onl y after being thoroughly ste , o _
washed t o remove all explosive vnpors . No person shall par!-or a.llO\ol to
rf3T'\nl.n on t hi~ rity's streets , alleys , or publ ic property, o r private
p r..:..°Jerty a'!"\y tn.1.\c truck, tank semi-trailer or tank trailer used for
trrnsportinq liquef ied petroleum or gas , "nether loaded o r o?l>tY, or any
tnck carryL'"lq hazardous subs ances , e xcept i..J.1en a-:.nally engaged in
fi l ling storaue tcut~s or wtlile u.rider repair.
C . :lo person shall parl.: any rotor vehicle or ver.icle in excess of twen ty-two
(22 ) feet in len,:rt..'1 , or eight (8) feet in width, in t'1e public :c1g:1t -of-
·,,:a~, except •..,'he:, such rrotor ve.'1 i cle is being e:-;x."'-<l...t:ousJ.y l0ared o r
unloaded .
-12 -
D, No person shall park or permit to stand in any public right-of-way o r on
public property, any trailer or smul trailer unless the trai ler is con-
nected to or attached to a notor vehicle in a rMMe1' to be towed. The
vehicle an d coMected trailer shall not be parked in the public right-of-
way for nore han seventy-t>,o ( 72) hours wi t hin any one week.
E. No person shall permit any sno,,pl"" designed to be truck nounte<: which is
not hcoked up or otherwise attached to a rrotor vehicle in a rMMer to be
used for its intended purpose, to be stored or parked on public streets
or rights-of-way . All =ers and/or ~ators of vehicles wi th s=
pl= attached shall not store them on public streets.
F. No person shall store any truck or other vehicle loaded wi th trash , junk ,
weeds, tree branches or lintis in a public right-of-way.
G. No person shall park or store any noter vehicle in a iranner so as to
obstruct the public sidewalk or right-of-way .
H. No person shall park a vehicle in excess of any time limit established
for parking at that location, which shall be the time limit for that day
and that block.
15-S--2 vmla.l!S -PMKJH;/llllJWiE RIGL'l:l.'l(H; ~ RBS1ll!Nl'IAL DISllUCl'S.
A. It shall be unlawful for any person to store a vehicle des igned and used
for recreation purposes, including, b.Jt not limited to, one or rrore noter
ha.es, b03ts, cerpers, trailers used for carrying boats, hobby or
derelict vehicles or racing cars, notorcycles and other equiµrent or m:,...
tor vehicles ~ the public right-of-way. Toe vehicle may be parked in
the righ': -of....ay for no nore than seventy-t>;0 ( 72) hours within any one
week while being expeditiously loaded or unloaded.
B. No person shall park the follc:,,./ing described vehicles on public or pri-
vate prcperty in residential areas except while making normal deliveries
or being used to perform the specia l ~ationn for which it is designed:
1. Any vehi-,le with an erpty ;.eight in excess of seven thousand (7,000)
pounds (70 C.W.T.).
2. A road tre,.!or , truck tractor or semi-trailer.
3. .>. truck constructed or adapted for the purpose of transporting or
deli very of bulk gasoline , ,:,etrolelU\1 products, or hazardous substan-
ces or material s .
4 . A tow truck or autarobile wrecker.
5. A church cus or school b us not used f .:,:: s::c100l or church pw-poses .
c . iio person shall park or store any vehicle "1 privatn property in viola-
tion of ,:.>1e folla.,ing restr i ctions:
1. !lo \'e'licle shall !oe ;,ar•,ed 1n such a way as to blvek t.he s1dewalk or
any !X)rt ion of the ::rublic side ... 1alk.
-13 -
2. No vehicle s hall be parked in front of the front setback of t he
principal structure unless k.cated oo a concrete , brick paver, as-
phalt surface, gravel or other similarly fini s hed hardened or dust
free surface .
3. In no case shall rrore than one carr.ercial vehicle be parked or
stored on prq,erty i n any residentia l zone district , whether in a
i)rivate garage or carport, in an off-street park ing space or in an
q,en-space area , and the size o f said cx:mrer c i .. 1 vehicl e shall not
exceed e,rq:,ty vehicle weight of 7 ,000 pounds (70 C.W.T.).
4. Detached CB1'l)el'.S shall be stored in the area iden ified as the rear
or side yard and shall be stored on blocks or supports rot rrore than
s ix inches (6") in !-eight, or oo its loadl.ng jacks or apparatus at
their lc,;•iest limits. All loading equiµ;ent shall be in good repair.
5. No p.rrson shall occupy any vehicle in violation of the following:
a. No ,rotor vehicle or vehicles shall be occupied or used for
livi.ng or oousekeeping or sleeping ,iurposes or for the housing
and i<tseping of aniJ'la.ls, except as provided in (b.) below;
b. Upon the application of a resident of the City, a special per-
mit way be issued by the Department of Colmlility Develcpnent
for a nonresident journeying in a recreational vehicle used for
hoosekeeping purposes and who is visiting at the residence of
the applicant, to occupy the; travel vehicle at the applicant's
residence for rot rrore than seven ( 7 l days. The special permit
shall specify the location of the applicant's property or adja-
cent right-of-way in which the travel vehicle will be parked
while occupied.
'It.is shall not be deen,,d to permit the parking or storage of a
aetached car.per, trai.1.er or small trailer in any public street
or right-of-W<ty of any street designated as an arterial or col-
lector street.
15-5-3 VEHICL&S -DrnELICT NO IDlBY:
It shall be unlawful for any person to store, maintain or keep any derelict or
hobby vehicle , as defined by this Title, on any real property or adjacent
public right-of-way in the City except as follo.-s:
A. Ve.'licles in Residentia l Zones:
1. There shall be no rrore than ooe hobby or derelict VP.hide maintained
or stored on the property o f any residence in a residentially zoned
district , which vehicle shall be stored in a fully enclosed garage
o r similar structure . .r.. person J'T\3.y store the vehicle in a carport
o r q,en area if the vehicle an d its pans are kept ent irely covered
v:i th a tie-da.-m canvas or other q:,aque co,tering . Storaae or
covering is not required ..._-1,cn t.,!! ve1icle is ac ually l:x:1ng worked
0:1 .
2. !lo person shall store or work on any hobby or dere lict vehicle
within the required front yard setback or i n or cri any pub lic
property or rights-of -way .
3 . J\ny person or party , with property 1-hich has no adequate access to
the rear yard or who has no garage, I.ho i s seeking a variance or
other hearing before the Englcwoocl Doard o f M j us tirent ard Appeals
in any matter relating to this Section shall not be r eqc:.red to pay
any fee to the City for said procedure .
4. The owner of a derelict or hobby vehicle as we ll as the occupant and
owner of the property shall be responsible f or the maintenance or
storage of s uc."I vehicle .u, conpliance wi th this Olapter .
5 . The owner of a hobby or derelict vehic le shall register and obtain
an Engl~wood storage permit and pay an annual nontransferable
storage permit fee of $100 for each and every hobby or derelict
vehicl..i which is not stored at all tirres in a fully enclosed garage
in residentially zooed districts r:,f Engl.,.,a:x>d.
B. Business Zooed Districts:
1. llo person shall keep a hobby or derelict vehicle in a business zoned
district unless such vehicle is stored in a fully enclosed structure
or behind the principal structure in an area screened :fran view of
adjacent properties and p.,blic rights-of-wa y.
2. No person who resides in a business or industrial zone district
shall keep m:,re than ooe hobby or derelict vehic le CJ'\ the property.
3. The owner of a derelict or hobby vehicle as well as the occupant and
owner of the property shall be responsible for the maintenance or
storage of s uch vehicle in catpliance with this Oiapter .
4. The owner of a hobby or derelict vehicle shall r egister md obtain
an Engl~ storage pamit and pay an annu al nontransferable
s t orage permi. t fee o f $100 for each an d every hobby o r derelict
vehicle whi<::h i s not s t ored at all t.ines in a fully e nclosed garage
i n a Business Zone District o f Eng le,,,:xxl.
c . Not i ce to Remove Hobby and /or Derelict Ve.'1ic l e.
Whenever ar ..:1ty e!TT'loyee charged with enforcing this Title finds that a
hobbv and/c, · ,'lerelict vehicle exists on r eal property within the City
which is L-violation o f this 01apter , they may post a notice o f the
violation on such ve."licle requir ing th1 1 tl,.e be ren:,ved, or brought
into carcliance wit., this ordinance wit.>iin five (5) days . ll'henever prop-
er abaterrent or CCT?liance action has not been undertaken pursuant to the
aforerrcnt ioned tlotice: of \."1 o lot 10n, a placard containinc a notice in sub-
stant ially the follcr.-ing : r:, may c0stecl.
-15 -
lmICE CF VICLI\TICN
llotice is hereby give n t hat the re exists upon this p roperty hobby
and/or derelict vehicles which have not been renove d in accordance
with , o r br ought into ccnpliance with , the provisions of Title
of the Eng l ewood l•h uucipal Code. ---
tlotice is further given that unles s the sarre are renoved and disposed
of , or brought into ccnpliance with this ordinance , 'withi n f ive (5 )
days fran the elate of this notice , the City of Englewood shall take
all l egal action necessary to effect CCJll)lianc e with this ordinance.
Date: ___________ Ti.rre: ____ _ Officer -------
D. Failure to corrp,'.y with notices. If any occupant who is not the o.;ner
of real pn.~rtJ• fails to ccnply with a notice given pursuant to this
chapter withlil ':he time period specified, the City Manager or his
designee shall notify the nonresident c,,.'llE!r of the property, if any,
of the violation giving him five ( 5) days to r enove and dispose of
the hobby or derelict vehicle. All costs for abatement incurred by
the City plus an a aninistrative cost of t~enty-five percent (25\) of
the direct cost shall be charged against the real property and its
c,..mer.
E. tlotice of costs. If the City i ncurs costs taking abatement action re-
quired by this section, a statement shall be prepared for the entire cost
plus twenty-five percent (25\) aaninistrative cos ts , and shall be mailed
by Certified Mail , Return Receipt Requested, to the property o.;ner with
instructions that said costs for abatement shall be paid in full within
thirty ( 30) days of said mailing date . The statement shall also inform
the property o,mer that failure t o pay the costs for abatement within
thirty (30) days s.liall result in an assessnent being made against the
prq,erty which shall constitute a lien t o the benefi t o f the City p ur-
suant to the provisions of this Title.
F . ~.ssessrrent of costs. If t.l\e full arrount of the cost st atemen t regarding
hooby or derelict vehicle abaterrent is not paid within thi rty ( 30) days
of th,, staterrent mailing dat e , the City Manager or his designee shall
assess the entire am:unt of the staterrent p lus an additi onal t>.<e nty five
percent (25\) penalty against the specified r e al property . Af ter assess••
rrent by the City Manag er or his designee , a copy shall be sent to eac.1
awner of record c,f the assessed property . The assessnent shall contain a
legal &a scription of the property , t.'1e expenses and costs incurred , the
date that the abaterrent action occurred , and a notice that the Ci ty
claims a lien for the stipulated ar.ount. The Ci ty Manager or his desig-
nee shall certify such assessnent to the County Treasurer who shall col-
lect such assessrent in the same manner as ad valorem taxes are
collected .
-16 -
G. Lien assessnent. Fran the date of the assessing staterent, all assess-
!Tellts shall constitute a perpetual lien against the specified r e al prop-
erty and shall have priority over all liens excepting general tax liens
and prior special assessments. No delays, mistakes, errors or ir-
regularities in any act or proceeding authorized here in shall prej udice
or invalidate any final assessmant; b.Jt the sarre may be remedied by the
City Manager or his designee , as the case may require, upon application
made by the p~y c,,,ner or other interested person. l'lhen so remedied,
the sare shall take effect as of the date of the ori g inal assessment.
H. J\R)eals . Any occupant or awner of real property may appeal the staterrent
of oosts or lien assessirent, in writing, to the City Manag er withi n f ive
(5 ) days of his receipt of notice. 'nle appeal shall oont ain the appel-
lant's narre and adciress, the decision being appealed, and a brief ex-
pranation why the appellant should not be required to COll)l y with the
docunent appealed. 'l1le City !-lanager or his designee may meet informally
with the appellant to exchar,,e ne:essary infonnation and shall issue a
decisia, in writing to the ap,_.,,,llant at the address stated in the appeal.
I. other rerredies .
1. Any unpaid charge plus the oosts and assessirents not resulting fran
action by the Englew:xxi Municipal Court shall constitute a debt due
the City. The City Attorney shall, at the direction of the City
Cooncil, institute civil suit in the narre of the City to recover
such charges, costs and assessrents. These reredies shall be
cunul.ative with all other rt'!lledies, including prosecutioo in
Municipal Court for each violation of this Olapter pursuant to the
orovisions and penal ties established by Title 1, Chapter 4 of this
COde.
2 . The occupant or awner of the subject property may be cited into En-
glew:xxi Municipal Court for fai lure to caiply with this Chapter
without receiving prior notice as allc.,,ed in this Olapter. The is-
suance of three ( 3) o r rrore notices of vi o lation o f this Chapter
shall be prirna facie evidence that the occupant or a.•.,er deliberate-
l y and willfully violated this Olapter and may be punished within
the discretion of the Court as provided in Section 1-4-1 of e En-
glewood Munici pal Code of 1985 . 'nlis remacy shal l be cumulative
with all other rer.-edie s .
C!ll\PTER 6
15--6-1 NUISAICES -DEFlNl'D, PRl'.J!IBITID:
A. For the purpose o f this Code a nuisance is here.by defined as any act or
coodi t i on which enc'.anqers the ,iubl ic he;,l th or res ults in annoyance or
discanfort t o the p.tblic or dama~e to any property o r i n j ury to any
person .
8 . Prohib i ted k:ts .
1. I t s hall be unlawful for ru ,1 person t o comut or do any act con -
s t i t ut ing a nu i s cmce .
-17 -
2 . It shall be unlawful for any person to create , c ontinue or suffer
the existence of any nuisanca on any pr~y under his control.
15-6-2 AIWIXNlD I03JXES, REFRIGF.RA:l"rnS AND FREEZmS: It is hereby de-
clared to be a nuisance and shall lJe unlawful for any person to s tore , main-
tain, aba.-.don or place any unused icebox, refrigerators, freezer or other can-
partirent capable of being tightly closed in any place or location whatsoever
which is accessible to children or the general {>Jblic without first reiroving
the doors of such icebox, refrigerator, freezer or carpartrrent.
15-6-3 l\NIM1\I.5 rn == It is hereby decl ared to be unlawful for any per-
son to keep or pennit upon any premises in the City, any animals or f 0wl of
any kind which, by reason of odor , uncleanliness , disease, sound or cry, shall
disturb the peace and canfort of any nei~rhood or interfere with any person
in the reasonable and canfortable enjoyn-ent o f life or prq,erty, or in any
other manner present a !Terlace to the {>Jblic health or safety .
lS-6-4 CESSl'CXLS AND PRIVIES: It is hereby declared to be a nuisance and
i t sha.U be unlawful for any persa'l to oonstnx:t, keep, use or maintain any
sewage vault, closet, privy, cesspool or sept ic tank at any p lace within the
City, ,,xcept as hereinafter provided:
A. If there is oo sanitary sewer line in a bordering street, alley or ease-
rrent imrediately q:,posite to sare point oo the premises, a cesspool or
septic tank may be peimitted to continue in cperation ; provided that if a
sanitary sewer line beoorres installed and available at the aforesaid
location, the use of 51.X:h cesspool or septic tank shall be disccntinued
and the premises shall be connected with the sewer system within six (6)
na,ths after the sewer l ine is installed and avail able to the premises.
B. A portable toilet nay be utilized er maintained oo a construction s i te
during the tirre o f construction or during a special activity approved by
the City.
15-6-5 ~ RELAmJ ~:
A Drains and Ditches. It i. ,iereby declared to be a nuisance and i• shall
be unlawful for any person to create, penni t or maintain upon any prem-
ises in the City any unclean, leaking, foul , unsafe or dangerous, defec-
t ive or filthy drain , ditch , tank or gutter.
B. Pon ds or Pools. It is hereby decl ared to be a nuisance and i t shall be
unlawful for any person to create , pennit or raintain upon any p r emises
in the City any pond or pool o f unwholesare, i.rrpure and offensive water.
~ I\BI\Tl:MENI' OF NUISA!C:
A. The City Manager is hereby autho r i zed to abate or enJoin any nuisance
existing in the City , whether or net such nuisance is specific ally recon -
r.ized by ordinance .
',:'ienever any nu1sa·:1e shall be :ound, t.~e C1q' •,1anagcr shall order the -
cupant or o,.,ner cf t..1-\e pr~rty ,tpan which t.l-te ?1u1sance shall P.xist , o r
s·..2eh person \J.-lo shall ":ave caused or penn.itted such nuisance I at his a,..,
e:•:r,ense to rerove er cor:-ect t..1e sa.-e ... •1 thin °'-e.nty-four ( 24) hours. If
he occupant or ~er or person · ... ~o shall have r.au~ed or permitted such
nuisance shall oot ca,ply with the order of the Ci ty Manager, the City
Manager may cause the nuisance to be reroved or corrected and all expen se
incurred thereby shall be paid by the said occupant or CMner or by s uch
other person who s hall have caused o r permitted the saire, and may be re-
covered by the City in an action against the occupant and /or a.mer.
In all cases where the City Man ager shall incur any expense for abating
any nuisance found upon any l ot or pr emises , the expense o f such abate-
mant plus twenty-five percent (251,) for incidental costs may be charged
against the l ot or premise s upon or a , accoun t of which such expense was
i ncurred, or fran which s uch nuis ance was reroved or abat e d . A bill for
such expens e shall be mailed t o the person and /o r the CMne r who shall
have caused or permitted the condit ion to exi st, and if the sane shall
not be paid within sixty days, the City Manager shall add another twenty-
five percent (251,) as penalty and s hall c,,use th,, saire to be asses sed
upon such lot or premises upon which the nui sance ,•xisted or fran which
the nuisance emanated as provided in the case of weed reroval.
C. All remedies set forth herein are cumulative, and the exercise of one
shall not be <leered to prevent the exerc ise of d!lOther oor to bar nor
abate any prosecution or petition for injunction hereunder.
section 3. §15-5-3 A 5 and §15-5-3 B 4 s hall not be effective until
after AugUSt 1, 1991.
Introduced, read in full , and passed on firs t reading on the 19th day of
Noverrt>er, 1990 .
Published as a Bill for an Ordinance en the 22nd day o f November, 1990.
A Public Hearing was held on January 21, 1991.
Read by title, amanded, and approved as arended on second reading en the
21st day o f January, 1991.
Re-read by title and approved as an-ended on second reading on the 4th day
of February , 1991.
Publi.. _j as amanded and approved on ~e 7th day o f February, 19 91.
Reao by title and passed on final reading on the 19th day of February,
1991.
Published by t i tle as Ordinance No. j_f_, Series of 1991 , on the 21st day
o f February , 1991.
Mayor Pro Tern
Patricia H. Crow, City Clerk
-19 -
I, Patricia H. Cro.,, City Cl.erk of the City of Dlglewood, Colora do,
hereby certify that the a1'ove and foregoing is • true copy of the Or dinance
passed on final reading and published as Ordinanc.! No . // , Se ries of 1991.
~~~✓d ~I----'
Pa tnc1a H. Cro.,
-20 -
BY AUTHOR !TY
ORDINAN CE NO .
SER IE S OF -+9'6-91 COUNCIL BILL NO . 63 .1
I NTROOUCEO BY COUNCIL
MEMBER HATHAWA Y /.'..'L A y'To,11
AN ORDINAN CE AMEND IN G ENGLEWOOD MUNI CIPAL CODE 1985 BY REPEALING PARTS OF
TITLE 6 , TITL E II, ANO TITLE 16 ANO ADDING A NEW TITLE 15 .
WHEREA S, he re str ucturing of t.he Englewood Code will prov i de for more
~f fe ctive enfo rc ement by t he C~de Enfor cement Officers and will be more con -
ve ni ent for th e ci ti ze ns as a whole •; ?,1d
WHEREAS , a Task Force wa s es tablished to review environmental and
nuis an ce i s s ue s; and
WHEREAS , the Eng 1 ewood Planning and Zoni ng Board and Envi ronmenta 1 Com -
mittee has ~2 v iewed the Task Force recomendations and made coments the r eon;
and
WHEREAS , regulation of derelict and hobby vehicles have been specifica ll y
mod 1fi ed; and
WHEREAS, Th e City Council feels it neces s ary to update the Englewood Code
periodica ll y; and
WHEREAS, the City Co unc il feels it is in the be st interest of the health ,
safety and welfare of its citi zen s to make the fo l'I owing chan ge s ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENG LE ·
WOOD, COLORADO , AS FO LLOWS:
Section I. Ch apters 3, 3A , 38 , JC and 4 of Title 6; Section 4 of Chapter
I of Title 11 ; Section I of Chapter 4 of fitle 16 Eng lew ood Municipal Code
1985 are hereby repealed; and
Section 2 . A ne w Title 15, Engl ewood Mu nic i pal Code 1985, relating to
health, sanitat io n and en vironme nta l protection , is hereby adde d to read as fo llows :
TIT~[ 15 HEALTH, SANITATION AND ENVIRONNENTAt PR OTECTION
15-1-1 APPLICABILITY:
The persons t o whom t his Tille applies shall be res pons i ble to ma i nta in their
~rooerty i n conform ance with the provisions of thi s Title . Such persons ar,
also respo nsible to conform to th e pro visions of this ordin ance from the
boundary of t heir pr oper ty· to the cent er of any abutting al ley and to t he
traveled porti on of any adjoin ing stree t.
. 1 .
15-1-2 DEFlNIT '.'i NS :
For lh e purp ose of lhe appl icalion of the prov i;i on s of this Chapter , the fol -
l owing definil Ion s shall apply:
ALLEY
GAR AGE, Pr IVATE
GARBAGE
HAN DBILL , COMMERCIAL
HAN DBILL , NONCOMMERCIAL
A public way less in size than a
street, which is not designed for
general travel, which is us ed primarily
as a means of access to the rear of
residance s and bu s in ess es tabli sh-
menti ,and which affords a secondary
mean s of access to property.
A building , or part thereof , attached
or detached and accessory to the main
building, providing for t he storage of
motor vehicles, and in which no busi-
ness is conducted.
Ani ma l or vegetabl e wast e s resulting
from t he handling, preparat ion , cooking
and cor.sumpt ion of food .
Any pr i nted or reprnduced pa mp il l ~t,
leaflet or similar document or samole
which advertises for sale any mer chan-
dise, product, commodity or thing, or
which directs attention to or adver -
tises any meeting, theatrical perfor-
mance, exhibition or event of any kind
for which an admission fee is charged
for the purpose of private gain or
profit; or which proposes a service or
an y other comm ercial transaction .
Any pr i nl~d or rep roduced pam phlet ,
leaflet or simil ar device or sample, or
any other pr inted or otherwise repro-
duced original, or copies of an y matter
of similar typ ,J literature not included
in the aforesaid definition of commer -
cial handbill; or any of the forgoing
wh ich sets forth a pol itical or
ideological me ssage.
Scrap iron , scrap tin, sc rap bra s s ,
scrap copper , scrap 1 ea d or scr ap z 1 nc
and all other scrap meta ls and t he ir
alloy s , and bones, r ag s , use d c l ot h,
used rubber, used rop e, us ed tinfoil,
use d bottl es, old or used mac hi nery ,
used too l s, used appl i an ces . used f i x-
tures, used uten s il s , use d l um ber, used
bo xes or crate s, used pipe or p, e fi t -
ti ng s, use d auto mobi l e or a i rplane
. 2 -
J UNK YARD
LI TTER
NOXIOUS MATTER
ORGANIC
OWNER
PR EMISES
PR EMIS ES, PRIVA TE
ti res, and other manufactured good s
that are so worn, <'>teriorat ed or ob so-
lete as to make them unu sable in their
exi sti ng condition , but are subject to
being dismantled .
A pl ace wher e jun k, wa s t e, discarded ,
or salvaged material s are bought, sold,
exchanged, stored,baled, packed , di s as-
sembled, or handle d, includ i ng auto -
mobile wrecking yard , house wre ckin g
and structural steel materials and
equipment, but not including the pur -
chase or storage of used furniture and
household equipment , use d cars in
operable condition, used or s alvag ed
mate rials as part of manufacturing
operations .
Garbage , refu se, and rubbish, as de-
fined 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 .
Material wh i ch is capable of caus ing
injury to living organisms by chemi cal
reaction or i s capable of causing
detrimental effects upon the physical
or economic well-being of individual s.
Referring to or der i ved from living
organisms.
The record owner whether per son, firm
or corporation , or any agent or r ep-
resentative of the rec ord owner .
A lot , parcel , tract or plot of lan d,
together with the building s and s truc -
tures thereon.
Any dwe ·,ling , hou se, building or oth er
s tructure , de s igned or used, either
wh olly or in part , for private re s id en-
tial purpose s , wh ether inhab ited or
tempor arily or continuously uni nhabi ted
or vac ant , and shall inc lud e any yard,
grouods, walk, drivewa y, por ch, s tep s ,
vestibule or mailbox be lon ging or ap-
purten an t to s uch dwelling, hou se ,
bui ld i ng or other s tructure, and pri -
va te land on which no building exists.
Private pr emises inc l udes busine ss
proper y.
3 -
PROPERTY
PROPERT Y, BU S I NE SS
PUBLIC PLAC E
PUTRESC IBLE
RECREATIONAL VEHI CLE
REFUSE
RUBBISH
SPlCIA. MOBILE EQUIP ME NT
Land and , generally, whatever is erec -
ted, growing upon or affi xed to land.
Rea 1 property on whi ch is 1 ocated a
bu i 1 ding. Prop erty that i s zoned or
used for co11W11erc i a 1 use which i s used
pr i nc ipally for the s ale or lease of
merchandi se , good s , or se rvice s , or
intere s t in land wh i ch i s generall y
recogn i zed as being zoned for a reta i 1
or whol e sale business .
Any and all street s, sidewalks ,
boulevard s , alleys or other public way s
and any and all public parks , squarP.s,
ground s and buildings owned or main -
tained by the City or oth er governm en-
tal agency provided for the benefit of
the genera 1 pub 1 i c .
Capable of being decomposed by micro-
organisms with sufficient rapidity to
cause nuisances from odors or gases .
A vehicular -type, port ab 1 e structure
without permanent foundation, which can
be towed, hauled or driven and primari-
ly designed as temporary 1 i vi ng accom -
modation for recreational, camping and
travel use and including , but not
limited to travel trailers , truck camp-
ers, camping trailers and self-
prope 11 ed motor homes.
All putrescible or nonputrescible waste
including garbage , rubbish, ashes,
street cleaning, dead animal s, offal ,
droppings , abandoned appliances and
vehicle parts.
Nonputres c ible wa st e con sis ting of both
combus ti ble and nonc om bu s tib le waste s,
s uch as pap er , wrappings, l eaves ,
bran che s, wood, was t e buil d in g
mate ria l s, gla ss , bedding, croc kery ,
hous eh ol d fur nis hi ngs and s i mil ar
mat eri al s.
Mean s and co ns ist s of vehi c l e s, se lf-
prop e 11 ed or otherwi se, desi gned
primarily for operation or use on or
off the s treets and highways and only
i ncidentally used or moved upon s uch
s t reet s or hi ghwa ys. This defi nit ion
s hall i ncl ude by way of examp l e, bu t
not by wa y of li mitation, snowp l ows,
4 -
STAND OR STANDING
STORAGE /MOTOR VEHICLE
STREET
TRAILER
TRAILER COACH OR MOTOR HOME
road construc tion or ma i ntenan ce equip -
ment , ditch dig gin g or ex cavat i ng ap -
paratu s, well dr i ll i ng or borin£ equ i p-
ment , fire-fightin g equipment , vehi cle s
des i g ·ed to tran s po r t equipm ent and
v~hic lc s used in conne c tion with or for
t he r e pa i r and maintenance of con s tru c-
t.ra n or maintenanc e equipment tem -
~ora ril y or permanentl y mou nted on such
;Qhi cl es, provided that s uch equipm ent
i s transported from yard to job, job to
job , or job to yard and equipment
primarily designed for hoi s ting, lift -
ing , moving, loading or digging opera -
tions. Th '• forego i ng definition is
partial ar., shall not include oth er
vehicles of unusual design , size or
shape that are designed primarily for
purposes other than transporting mer -
chand is e or passengers .
The hult ing of a vehicle, whether occu -
pied or not , other than momentarily for
t he purpose of and while actually en-
gaged in receiving or discharging
pa ssengers .
To leave, park, stand, or halt a vehi-
cle or moto r vehicle in a certain place
for a period of seventy -two hours or
longer .
Any publ ic thoroughfare for t~e fre ~
passage of persons , trade and conrnerce ,
and which affords a principal mean s of
access to property abutting along its
leng t h. This term does not inc lud e
private roa ds .
Any wheeled veh i cle, without motive
power and hav i ng an empty weight of
mor e than two thou sa nd pound s , whi ch i s
desi gn ed to be dr aw n by a mo t or vehi cl e
an d to ca r ry it s c ar go load wholly upon
its own s tructure and whi ch i s gene r al-
l y and commonl y used to carry and
t ran spor t pr op erty over th e pu bli c
hig hwa ys .
Any wh ee l ed ve hic l e whi ch is a s in gl e ,
self-contai ned uni . with mo t ive pow er,
which is designed and genera 11 y and
commo nly used for oc c upancy by perso ns
for re s idential purp os es, in either
temporary or permanent locations, and
. 5 .
TRAIL ER, SMALL
TRASH
TRAS H CONTAINER
TR UCK
USAB LE OPEN SPACE
wh1c~ may occas1onally be dr 1ven over -
the public h1ghways as a motor veh1cl e .
For t he pur po se of Title 15 , Englewood
Mun 1c ipal Code only, a sma ll trailer l s
any wh ee l ed vehic l e, without motive
pow er and having an empty weight of tw o
thou sa nd pound ; or l ess, wh 1c h Is
desig ned to b•! ri r~wn by a motor vehi c l e
and lo carry i ls cargo load who l ly upo11
its own s t1 J~t ~ce and which is ge n-,•-~1-
l y and com1,1o nly used to carry and
transport prope rty over the publi c
highways.
All put rescibl ~ and nonputr e,. 'ble
wa ste, both co1r.b ustible and nonc omr us -
tible, i ncluding without limitation :
an i mal and vegetable waste re sulti ng
fro m the hand li ng , preparation , cook in g
and ·uns umption .,, food ; ashes ; cans;
pap n ; wrapping s; ci garette s ; card-
boaru, ya r d clippings ; leaves ,
branches ; wood ; dead an i mals ; off a 1 ;
droppings ; waste and us ed building
material s; glass; bedding ; crockery ;
abandoned or unusa ble household fur -
nishings ; abandoned or unusable ap-
p 1 i ance s; and abandoned or unusable
automotive or nther mechan i ca 1 part s or
objects .
A containe r of metal , wood or plast i c
with a top or covet that can be sec ure -
ly fastened on th,, con t a i ner to preven t
the conten i; fr,im being carried or
sc attered by the elements or animals.
Paper or plas tic bags ar e not perm itted
tras h containers exce pt for grass clip -
pings and leave s , i f properly secured .
Any moto r vehicle equ ipped with a body
desig ned to carry prop erty and whi ch i ~
genera ll y and commonly used to ca rry
and tra ns port prope r ty over the public
highwa ys.
On -site s pace whic h i s ab se nt of any
building or s tructure. Open space
could co ~ta i n, but i s not li mited to
th e following : sidewal ks, trell is es ,
swing s, arbor s , swimming pool s, tenni s
co urt s, and land scapi ng . Sur f ace park -
ing i s not to be considere d as us able
open s pa ce.
-6 -
VEHI CLE
VEHI CLE , COMMERCIAL
VEHI CLE , DERELICT
VEHICLE , HOBBY
VEHICLE , MO TO~
WEED
YARD
Mean s any device wh ic h i s capa ble of
movi ng itself , or of being moved, fro m
place to pla ce upon whe els or end le ss
tracks; s uch term , for the purpo se of
t hi s Titl e, shall not i nclude any farm
tractor or an y implem ent of hu s band ry
desi gned primarily or exclusively for
use and used in agricultural operation
or any devi ce moved by mu sc ular pow er .
This definition al so mean s any se lf -
propelled vehicle whi ch is de s igned
primaril_y for t ravel on th e pub ! ic
highways an d whi ch is gen erall y and
commonly used to t ra ns port pe rso ns and
pr operty over th0 pub 1 i c highway s.
Any motor vehi c 1 e 1 i censed by the State
of Col or ado as a commerc ia 1 veh i c 1 e.
Any vehicle de signed, ma i ntained or
use d pdmarily for the transportation
of prope, l.y .
Any vehicle which is wrecked, damaged,
or substantially dismantled to the ex -
tent that such vehicle is inoperable or
is incapable of being moved under its
own power. It shall include any vehi -
c 1 es missing one or more whe e 1 s and any
vehicle which la cks a current license
plate or emissions sticker or whi ch
lacks insurance .
Any vehicle of the following type in
the process of being built, restored or
maintai ned as a hobby or diversion from
one's regular occu J at ion : boat , clas -
sic car, exper im ental car, off-road
ve hicle , race car and derelict vehicle .
Any self-propelled vehicle which i s
designed primaril y for travel on t he
pu bli c highway s and whi ch is ge ne rally
and commonly used to tran s port persons
and prop erty ov er t he pub 1 i c highwa ys .
Weeds , grass , bru sh or other rank or
noxious vegeta ti on which ha s grown lo
maturity or i s in excess of s i x inches
(6") i n height .
An existi ng or r equired open space,
other than a court , on the s ame 1 ot
wit h a pri nc ipal buil ding or st ructure ,
open, uno cc upi ed and un obstructed from
the groun d to th e sky , except as other -
wise provided herein.
7 .
YARD , FRONT
YARD, RE AR
YARD , SIDE
A yard extending acros s the full width
of the 1 ot between th e front 1 ot 11 ne
and the neare s t 1 ine or point for
building s as required by se tback
req ui•ements .
t, yard extending ~c ross the f ul 1 width
of li ,e lot between the rear lot. 1 •~e
rnd !b e neares t line or point of the
r·r'~ci pal buil ding.
vard betwee n t he side 1 in e of the lot
anJ tne nearest 1 ine of the building
and exten1ing from tt.e front yard to
the re ar yard, or in the ab sen ce of
either of such yard s, to the fro nt or
rear lot line , as may be .
CHAPTER 2
15-2-1 TRASH/JUNK/SALVAGE -GENERAL REGULATIONS:
A. No pe rso n sha 11 throw , p 1 ace or depo it any trash on any publi c street,
in a public park or place, or in any public buiiding within the City ex -
cept in trash containers .
8 . No person s ha11 throw, place or deposit any trash in any founta in, lake ,
bay, stream or other body of water within the City nor on any occu pied or
vacant property within the City.
C. No person shall affix any po ster , notice or like device to attract public
attention , to any lamppost , public utility post , traffic control device ,
tree, public structure or bu i 1 ding except as may be authorized by 1 aw .
D. Every occupant, leasee , or owner of a business property i s req uired to
keep the s i dewa 1 k adjacent to the property or the proport i ona 1 share of
co nrnon s idewa 1 k, wa 1 kway , ma 11 , or parking 1 ot free from tra sh, except as
provided in Sec tion 15 -2 -3 (E).
E. No occupant, 1 ea see, or own er of rea 1 prope rty sha 11 sweep into , or
deposit in, any gutter , street, all ey or publ ic place the acc umulati on of
grass cl ippings, leave s, branches or trash from his or her building,
sidew alk or driveway, except as provided i n Sect ion 15 -2-3 (E).
F. No dr iver or pa sse ng er of an automobile , motorcycle , bicycle , aircraft,
or other vehi c le sh all t hrow , place or de po sit tr ash upo n any real pr op -
erty or any public s tre ·· ~r public area within the City.
G. No person s hall drive a,. ·ruck, tra iler, small trailer, special mobile
eq ui pme nt or l ike ·1ehi cle .,,to or wit hin the City unles s its contents are
covered or loaded to prev ent them from be ing scattered.
P.. No per so n shall drive an y truc k, trailer , sm all trai ler , special mo bil e
equirme nt or 1 i ke vehi cle into or within th e City and i n so doin g sc at -
ter or track any mud , dirt , tra sh. oil or other foreign matter in to a
public s t reet , alley or other public place .
. 8 -
I. No person sha1 i t ro w or depo sit tra sh with i n the trash conta iner of an -
other per so n >1 ithnut t hat per son 's express or implied co nsent.
15-2-2 TRASH/JUNK/SAL VA<'< RESIDENTIAL DISTRICT REGULATIONS .
A. No pers on shall store j un k out -of -door s.
8. No person shJ1 1 co nd uct or permit salvage or s torage operations or
fac1l 1t ies in a0 y r e s iden tia ll y zo ned area .
15 -2-3 PLACEMENT AND REMOVAL OF TRASH :
A. Every occupant o.-ow ner of rea l proper t y shal l remove, or ca use the re -
moval of , all accum ulat ion s of trash from s uc h property , and , pending t he
remova l , shall place the s ame i n a tras h conta in er kept fo r t hat purpose.
Upon removal , th e same shall be taken to a site a~tho rized for disposal
of trash .
8. Th e occupant or owner of real pr ope rty within t hi s city shall t ake or
place for collection all tra sh stored on the real prope r\.y to an au -
thorized site for the di r.po s al of trash within a period of seven (7) day s
aft er accumulation .
C. A 11 persons sha 11 store a 11 trash in cover ed tr~sh con tainers in such a
ma nn er as to preven t 1t from being carried or sc at tered by animal s or t he
elements and to prevent the emissi on of no xiou s or offensive odo rs.
D. A 11 occupant s or owners of real property sha 11 set trash containers back
at least f ive ( 5) feet from the si de property lines and conceal them with
an opaque or non -see-through screen. No person s ha 11 store tra sh and
garbage in the front yard for more t ha n twe nty -four (24) hour s prior to a
scheduled collection or pick-up .
E. All pers .ns shall place trash containers within the public right-of-way
only on r egu larly scheduled pick -up or coll ec tion days and in a manner
whic h wil I not ob s truct vehicu l ar or pedestrian traff ic and shall remove
s a i d tras h containers from the publ ic right -of-way not later than twenty -
four (24) hours after the pick-up or collection.
F. No person s hall engage in t he business of removing or haul i ng trash in
the City without first obtaining a licen se therefor. A yearly nontran s-
ferable licen se shall be issued by the Director of Finance upon annual
payment of five dollar s (S5 .00) pe r vehicle .
CHAPTER 3
15-3 -1 We eds -GENERAL REQUIREMENTS :
A. Cu tting or removing of we eds. Every occupant and /or owner of real prop-
erty shall cu t, or cause to be r •Jt, all weed s or grasses over six (6)
inc he s in he ig ht growing thereon and s ha 11 remove , or cau se the removal
of. said weed s or gra ss t o a site author i zed for such di sposal .
-9 -
15-3-2 NllTlCE TO CUT ANO RE"OVE WEEDS ANO/OR OI SPOS : OF TRASH, JUNK OR
SA LVAGE .
A. Wheneve r the City determin e s that weeds and /or accumulation of tra sh ex-
ist on real property within the City whi ch are in violation of thi s Chap -
ter , a Notice of Vio lat ion may be po s ted on the property requiring that
s uch weed s and /or accumulations of trash be removed within five (5) day s.
Whenever proper abatement ac t ion ha s not been under taken pursuant to the
afore men tioned Noti ce of Viol ati on, a pla card co ntaining a notice in su b-
stantially t he following form may be posted upo n s uch re al property , for
a period of not less than five (5) day s nor mor e than ten (10) day s.
TO THE OCCUPANTS ANO/OR OWNERS OF THIS PROPERTY:
No tice ts hereby gi ven that there exists upon this property acc umu l a-
tio ns of weeds and /or trash which have not been r ,. oved and di sposed
of i n ac cord ance with the prov i sion s of ---,-...,. No t i ce
i s further giv en that unless the sa me are remo"vecr o~ or before
, 19 , the City of Englewood
~sh~a~l~l-ca_u_s_e~th~e-s-am_e_t~o-.-6-e-re_m_o_ve~d anddisposed ·,,. in which event
the owners of th i s prope rty s hall be liable for a : I costs, expenses
and penalt ies therefor as s et for t h in·-.--~.--.-,-of the Eng I ewood
Municipal Cod e of the City of Englewood, including assessment of a
property lien fo r t he cost s i ncur red .
B. Failure to comp 1 y with not ices. If any occupant who is not the own er of
re al property fa i l s to comply with a notice given pur s ua nt to this chap-
ter within the time pEriod specified, t he City Manager or his destgnee
shall no tify the non ·r esiden t owne r of the property , if any , of the vio la -
ti on giving hi m five (5) days to remove and dispo se of the weeds/trash.
If t he trash/weeds are not removed or cltsposed of as required, or if
there ts no nonresident owner , t '·, City Manager o•· : ;s des t gn ee i :; au -
thorized to caus e abat ement of .,,e co ndit i on spec i r i,d in said not ice .
All costs for abatement inc•irred by the City plu s an ad•ni nistrat t ve cost
of twenty-five pe rce nt (2 5,:) of the direct cost shall be .:harg ed aga inst
the rea l property and its owner .
C. Notice of costs. If the City incurs costs taking abatement acti on re -
quired by this Se ction, a statement sh all be prepared for the entire cost
plus twenty -five percent (2 5,:) administrative costs , and shall be mail ed
by Cert i fied Ha il, s et •1rn Receipt Reque ~tea, to the pr ope r ty owner with
i nstruct i ons that sa id co s ts for abatement sha11 be paid in full within
thirty (30) days of said mai ling date . The statement shall als o inform
the property owner that fa i lure to pay th e co s t s for aba em ent within
t hi rty (3 0) day s shall r es ult in an assessment being mad e again s t th e
pr op erty wh i ch shall con s t i t ut e a lien t o t •0 bene f i t of th e Cily pur -
s uant t o t he provi si on s of th i s Titl e .
0. A;sessment of cos t s . If the full amount of the cosl slalement regardi ng
wee d an d/or t r ash ab at ement is not pa id within thirty (30) days of the
stat ement mai l in g date, the City Ma nager or his designee shall asses s the
entire amou nt of the statement plus an additional t wenty five percent
(25,:) pen alty against the specified real prcperty. After assessment by
the City Manager or his designee, a copy shall be sen t to each owner of
record of the assessed property . The assessmen t st.all contain a legal
• 10 -
description of the µr operty, the expenses and costs incurred, the date
that the abatement action occurred, and a notice t hat the City cla ims a
1 ten for t he stipulated amount. The City Manager or his de sig nee shall
certify s uch assessment to the County Trea s urer who shall co ll ect such
assessment i n t he same manner as ad valorem taxes are collected.
E. Lien assessment . From the date of the assessi ng sta tement , all as sess ·
ment s shall co ns titute a pe r petual li en again st the s pec ified real prop -
erty and sha ll have priority over all liens excepti ng ge nera l tax l ie ns
and prior speci al assessme nts . No delays, mistakes , errors or tr -
reg ula rit i es in an y act or proceedt ng authorized herein sha 11 prejudi ce
or invalidate any final as se ssme nt; but the same may be remed i ed by the
City Manager or hi s dest gnee , as the case may req uire, up on appli ca tion
made by the prop erty owner or other i nte rested person . When so r eme died,
t he s ame sha ll tak~ effect as of t he date of the ori~inal assessment.
F. Appeals. Any oc c up ant or owner of re al property may appeal the s tatement
of costs or lien asse ssment , in writing, to the City Manager within five
( 5) days of ht s rec e ipt of noti ce. The appea 1 sha 11 co nta in t he appe 1 -
lant 's name and add ,·ess , the decision being appe al ed, and a brief ex-
planation wh y the appella nt should not be r equired to comply with the
document appealed . Th e City Manager or hi s destgnee may meet i nfo rma lly
with the appellant tu exchange neces sary information and shall issue a
de cisi on in writing t o the app ellant at the address stated in t he appe al.
G. Ot he r r emedie s.
I. Any unpaid charge pl us the costs and as sessme nts not resulting from
action by the Englewood Mu nici pa l Court shall constitute a debt d~.•
the City. The City Attorney shall , at t he directi on of the City
Council, institute civil s uit i n the name of the City to recov er
su ch charges, cost s and assessments . These r emedi es shall be
cumulative with all other remedies, i ncluding prosecution i n
Mun i c i pal r.ourt for each viola ti on of this Chaptf,r pursuant to the
pr ovision s ,,nd penalties establ ished by Titl e 1, Chapter 4 of th is
Code .
2 . Th e occupant or owner of the subject pr operty may be cited into En -
glewood Mun ;c i pal Court fo r fa il ure to comp l y with this Chapter
without rec•iving prior notice as allowed in this Chapter . The is-
su an ce of t hree (3) or more notices of vi o 1 at ion of this Ch apte r
shall be p,·i ma fac i e evidence that t he occupant or owner deliberate-
l y and willfull y violated this Chapter and ma y be punis hed wi• .. n
the discretion of the Cour t as provided in Section l-4-1 of th e C:n-
glewood Municipal Code of 1985. This remedy shall be cumul ative
with a 11 other r emedies.
CHAPTER 4
15-4-1 DISTRIBUTION OF HANDBILL S -RESTRICTIONS :
A. No person sh'lll distribute , place or sell any corm,ercial or noncommercial
hand bill , acvertisement or s imi lar literature in or upon any street ,
sidewa lk, a11y private parking lot open for public use , or any other
public place within the City; provided, however , a person may di s tribute
free handbills direc tl y to pers ons wh o are willing to accept them.
-!I -
B. No person shall di stribute any handbill or si milar literature upon any
inhabited private premi ses except by pl acing said items in a manner as to
prevenl them from being blown or drifted about said premise s. Mail bo xes
shall not be used for di stribution when s uch di s tribution is prohib ited
by Fede ral regulations . No per son s1a ll distribute any handb i ll or simi-
1 ar l itera t ur e at any va cant pr emis es .
C. No per son s hall di s tribute any handbill, solicit fun ds, dist1·ibute
literature or sell an articl e upon any real property if reque s ted no t to
do so by any occupant of sai d property or by any s ign po s t ed on s a id
pro ~e rl~• in s tructing again s t such act or action .
15-4-2 HANDBILLS -EXCEPTIONS :
A. The provi s ions of this chapter shall not apply to the pro per d istribution
of mail by the United Sta tes Po st Office . It shall also not apply to the
del ivery of newspapers which are legal publicat i ons , provided that new s-
papers sh all be distr i buted i n a manner which prevent s their being car -
ried away by the element s and provided further that the property ha s not
been po sted instructing a~ •i nst suc h act or act ion .
CHAPTER 5
15-5-1 VEHICLES -PARKING/STORAGE REGULATIONS IN ALL DISTRICTS :
A. It shall be unlawful for the operator or owner of an automobile transport
trailer, road tractor, truck tractor, moving van , transit-mix concre te
truck , trailer , semi -trailer or truck with an empty weight i n exce ss of
seven thousand (7,000) pounds ( 70 C. W. T.) or spec i a 1 mobile equipment to
stop , stand or park such vehicl e or to ca us e such vehicle t~ be stopped ,
stood or parked on any street or highway, alley or other public wa y
with i n the City for a period in excess of four ( 4) hours at any time ,
except when such vehicle is being expeditiously loaded or unloaded or
such mobile equipment is being used to perform the special operations fo r
wh i ch it was designed .
B. No pers on ( s) shall park any tank truck( s), tank t rail er( s ), tank semi -
trailer(s) or other truck(s) used to trans port hai.ardous substances or
materials upon the streets, alleys or public or pr i vate places within the
City except when entirely empty and then onl ; for a period not exc eed ing
one (I) hour . No person shall repair an y c.1•·go area or t an k of su ch
veh icles wi thin this City except when suc h c:,rgo area or tank of such
vehicl es ar~ completely empty of fl arrrn able liquid s, vapo rs , or ha za rdous
su bstances or mater i als , and only a fter being thoroughly s teamed or
wa sh ed t o rnmove all explosive vapor s. No person s hall park or allow to
remain on this City's s treets, alleys, or pub li c pr operty, or privat e
pr ope rty any tank truck , tank semi -traile r or tank trailer us ed for
transporti ng l ique fi ed petrole um or gas , whether loaded or em pt.y, or an y
truck carryi ng haza rd ou s sub stan ces, exce pt when actually eng ag ed in
filling s torage tanks or while un der repair.
C. No pe rs on shall park any motor veh ic le or veh ic le in excess of twenty -tw o
(22) feel in length , or e ight (8) feet i n width , in th e public right-of .
wa y excep t wh en such mo tor vehicle is being expeditiously lo aded or
unloaded.
-12 -
• D. No person shall park or permit to stand 1;, an y public right -of-way or on
publ ic property , any trailer or sm all trail er unle ss the tra iler i s con -
ne cted to or attached to a motor veh icle i n a manne r to be towed . Th e
vehicle and co nnected trail er shall not be parked in the public right -of -
way for more than seventy -two (72) hour s within any one week .
E. No person shall permit any s nowplow des igned to be t r uck mount ed wh i ch i s
not hookcj up or otherwise attached to a motor vehicle i n a manner to be
use d for its intended purpose, to be stored or pa rked on public s treet s
or rig ht s -of -way . All own ers and /or op e ra tor s of vehicl es with s now
plow s attache d shall not store them on pu bli c s t r eets.
F. No pe r s on s hall s tnre any tru ck or other vehicle l oade d with tras h, junk,
we eds, t ree bran ches or limb s in a publ ic right-o f-way .
G. No person s hall park or s tore any motor vehicle in a manner so as to
obst r uct the public sidewalk or righ t-of -way .
H. No person shall park a vehicle in excess of any time limit established
for parking at that location , which sh all be the time limit for that day
and that block.
15-5-2 VEHICLES -PARKING/STORAGE REGULATIONS FOR RESIDENTIAL DISTRICTS .
A. It shall be unlawful for any person to store a vehicle designed and used
fo r recreation purpose s , including, but not limited to, one or more moto r
ho me s, boats , campers , tra ilers used for carrying boats, hobby or
dere 1 i ct vehicles or racing cars, motorcycles and other equipment or mo-
tor vehicles upon the public r i ght-of -way . The vehicle may be parked in
the right-of-way for no more than seventy -two (72) hours within any on e
week while being expedi l.iously loaded or unloaded.
B. No person shall park the following descr i bed vehicles on public or pri -
vate property in residential are as exce pt while making normal deli veries
or being used to perform the special operations for whi ch it is de s igned :
I. Any veh i cle with an empty weight i n excess of seven thousand (7 ,000)
pounds ( 70 C. W. T. l .
2. A road tractor , truck tractor or semi -trailer .
3. A t ru c k co nstructed or adapted for t he pu rpos e of tran s po rt ing or
delivery of bulk ga soline , petroleum prod ucts, o•· hazardou s su bs tan -
ces or materials.
4 . A tow lr uck or automobile wre cker.
5 . A t hurc h bus or school bu s not us ed for scho ol or church purpose s .
C. No per so n s ha ll pa rk or sto r e any ve hic le on priva te property in vio la -
ti on of the fo ll owi ng re striction s :
I. No ve hic le sh a ll be parked in s uch a wa y as to bloc k the s id ewalk or
an y por ti on of t he publ ic s ide wa lk.
-13 -
2. No veh ic 1 e sha 11 be parked in front of the front set ba ck of the
principal structure unle ss located on a concrete, brick paver, as ·
phalt surface, gravel or other similarly finished ha rdened or dust
free surface.
3 . In no case sha 11 ~~re than one corrrnerc i a 1 ve hi c 1 e be parked or
stored on propert. in any resi dent i a 1 zone district, whether in a
private garage or carport, in an off-s treet parking space or in an
open -sp ace area, .nd the size of sai d corrrn ercial vehicle shall not
excee d empty vehicle weig ht of 7,000 pounds (70 C.W.T.).
4 . Detached campers shall be stor ed in the area i dentified as the rear
or si de yard and shall be s tored on block s or support s not more than
six inche s (6") i n height , or on its loading jacks or appa ra tus at
their lowest limits. All load i ng equ i pment shall be in good repair .
5. No per son sha ll occ upy any vehicle in violation of the following :
a. No motor veh icle or vehicles shal l be occupied or used for
1 ivi ng or hou sekeeping or s leep i ng purpo ses or f or the hou s i ng
and keeping of animals, excep t as provided in (b .) below;
b . Upon the appl ic at i on of a resident of the City, a special per •
mit may t r iss ued by the Department of Corrrnunity Development
for a non , esident journeying i n a recreational vehicle used for
housekeeping purposes and who is visiti n~ at the residence of
the app 1 I cant , to occupy the travel vehic 1 e at the appl I cant's
res i dence for not more than seven ( 7) days . The ',,eel a 1 permit
sha ll s pecify the locat ion of the applicant 's property or adja •
cent right -of-way in which the travel vehicle will be parked
wh 11 e occupied.
This sha 11 not be deemed to permit t he park Ing or storage of a
detached camper, trailer or small trailer in any public street
or right-of -way of any street de si gna t ed as an arteri a 1 or co 1 ·
1 ector street .
15-5-3 VEHICLES • DERELICT AND HOBBY :
It sh all be unlawf ul for any person to store, maintai n or keep any derelict oi-
hobby veh icle , as defi ne d by this Title, on an y re al pro perty or ad j acent
public right-of-way in the City except as follows:
-14 ·
• A. Vehic le s in Residential Zo nes:
B.
C.
1. There s hall be no more tha n one hobby ~r dere l ict ve h icle maintained
or stored on th e prn perty of an y r esidence in a resi dent la 11 y zon ed
dis trict, whi ch vehicle sha ll be stored in a fu ll y e nc l osed garage
or s im il ar structure. A person may s tore the ve hic le in a c arport
or open area 1f th e ve h icl e and its part s are ke pt ent irely covered
with a ti e -do wn canva s or other opaque covering . Storage or
covering is not required whe n th e ve hi cle i s ac t ua lly being worked
on .
2. No perso n s ha 11 store or wo r k on any hob by or dere 1 i ct ve h i c 1 e
within the r equ ired front yard set back or i n or on any publ ic
property or right s-of -wa y .
3 . Any pe rs on or party, with property whi ch ha s no adequat e ac ~ss to
the rear yard or who ha s no ga r age, who is seeking a var i a11c~ or
other hearing before the Englewood Board of Adjustment and \ppe al s
in any matte r relating to this Section shall no t be required t o pa y
any fee to the City for said procedure .
4. The ow ner of a d~rel i ct or hobby veh i cle as we 11 as the occ upant an d
owner of the property shall be responsible for the maintenanc e or
stor age of such ve hicle in compliance with this Chapter .
5 . The owner of a hobby or derel i ct vehicle shall register ~nd obtain
an Englewood storage permit and pay an annua 1 nontransferahl e
storage permit fee ~f SI00 for each and every hobby or derei let
vehicle wh ich is not stored at all times in a fully enclosed garage
in resident i ally zoned districts of Englewood .
Busine ss 7oned Districts:
1. No pe rson shall keep a hobby or derelict vehicle in a business zoned
district unless s uch vehicle is stored in a fully enclosed structure
or beh ind the pr incipal structure in an area screened from view of
adjacent properties and publ ic rights-of -way .
2 . No person who r esides in a busine ss or indu strial zone di stri ct
shall kee p more than one hobby or dereli ct vehicle on the property.
3 . Th e owner of a derelict or hobby vehic'.~ as well as th e occupant and
owner of the property shall be re spon si bl e for the ma intenance or
sto r age of suc h vehicle in crmplia nc e with t hi s Chapter .
4. The owner of a hobby or dereli ct vehicle shall register and obtain
an Englewood storag ·~ permit and pay an annual nontransferable
s torage permit fee of Sl00 for eac h and every hobby or derel let
vehicle which is not stored at all tim es in a fully e nclosed garage
in a Bu si ness Zone District of Englewood.
Notice to Remove Hobb y anu .'~r Derelict Vehicle .
Whenever any Ci t y employee charged with enfo rc ing this Title fi .. ds that a
hobby and /or derel let vehicle ex i~ts on real property withi n the City
· 15 ·
whi ch is in violat i on of th i s Ch~pter , th ey ma y post a notice of th e
viol ati on on s uch veh i cle req ui r i ng that the s ame be remove d , or br ou ght
into com pl i an ce with th is ordinanc e within fi ve (5) days. Wh e never prop -
er abatem ent or complian ce ac t i on ha s not bee n und e rtaken pu r s uan t to th e
afo rementioned Notice of Vio l ation , a placard contain i ng a notice i n sub-
st antially t he following fo rm may be pos t ed.
NOTICE OF VIOLATION
Noti ce is here by g iv e n th at there exis t s upo n t hi s property hob by
an d/or derelic t veh i c l es wh ich have not been remo ved i n accord an ce
with , or brought i nto comp l i ance wi th , th e provis ion s of Tit le
of t he Engl ewood Muni c ipal Co de.
No t i ce i s further g iv en that un 1 e ss the same are removed and di s posed
of , or brought into compl lance with thi s ordinance, wi t h i n five (5)
days from the date of th is not ice, the City of Englewood s ha ll take
all legal action nece ss ary to effect compliance with this ord i nnnce.
Date : ________ Ti me: ___ _ Off i cer _____ _
:J. Failure to comply with notices . If any occupan t wh o i s not t he own e r
of real property fails to compl y with a notice giv e . pursuant to thi s
chapter with 1• the time period s pecified, the City Manager or his
designee shal I no t ify the nonre s ident owner of the property, if any,
of the violation giv i ng him fiv e (5) day s to remove and dispose of
the hobby or derelict vehicle . All costs for abatement incurred by
the City plus an administrative co s t of twenty -five percent (25ll) of
the direct cost sha 11 be charged against the real property and its
owner .
E. Notice of costs. If the City incurs costs taking abatement action re -
quired by this Secti on , a statement shall be pr epared for the entire cost
plus twenty-five pe r cent (25ll ) admini s trative co s t s, and shall be mailed
by Certified Mail , Return Re ceipt Requested, to the property owne r with
in s truction s that said co s ts for abatement shall be paid i n full within
thirty (30) days of said mail i ng date. The s tatement shall also inform
the property owner that fa i l ure to pa y the cos ts for ab atement withi n
thirty (30) days shall re s ult in an as se s sm ent being mad e against the
property which shall con st it ute a lien to t he benefit of t he Ci t y pu r-
s uant to the ~rovi si ons of th is Title .
F. Ass e ssme nt of cos t s . If t he fu ll amo unt of the cost statemen t regard in g
hobby or dere 1 i ct veh i cle abateme nt i s no t pa i d with in thi rty ( 30) days
of t he statem ent mail i ng dat e, t he City Mana ger or his desig nee sh all
assess the en t i re amount of the st ateme nt pl us an addition a l twe nty five
pe rcent (2 Sll) pe nalty ag ai nst the srec if,ed real property. After ass es s-
me nt by the City Man2ger or his designee , a copy shall be sent to each
owner o f record of t he assessed property. The assessment s hall contai n a
l eg al description of the property . the ex pe nses and costs incurred, t he
date t ha t the ab ateme nt action occ ur red , and a notice •hat the City
cla i ms a lien for the s ti pulated am ount. The City Man age r or his desig -
nee shall certify such as sessment to the County Treasu r er w~o shall col -
lect such assessment in the same manner as ad valorem taxes are
collec t ed.
-16 -
G. Lten ass essment . Fr om the date of th e assessi ng s tat ement, all as ses s-
men ts s hall con sti tute a perpetua l l ie n agains t t he s pec ifi ed re al prop -
erty and s ha 11 have pr ior ity over a 11 1 i ens exce pting ge ner a 1 ta x 1 I ens
an d pri or s pec 1al as sessme nts . No delay s , mi s tak es, er rors or ir-
re gul ar iti es in any act or pr oceedi ng author i ze d herei n sha ll prej udi ce
or i nv al i dat e any f i nal as ses sment ; bu t t he s ame may be remedied by t he
City Man ag er or his de signee , as the case may r equire, up on appl ication
made by t he property own er or oth e r inte r es t ed per son. Wh en so remedied ,
t he same s hal 1 t ak e effec t as of t he da t e of th e ori g 'na l ass e ssment.
H. Ap pe al s. An y occup ant or own er of re a·1 property may app eal t he statemen t
of co s ts or l ie n as ses sment , i n wri ti ng , t o t he City Manage r within fiv e
(5 ) day s of hi s re cei pt of no t i ce . Th e appeal shall conta in t he appel -
lan t 's nam e and addre ss, th e dec i si on being ap pe al ed , and a bri ef ex-
plana t ion why t he appe 11 ant should not be required to comp 1 y with th e
do cume nt appeal ed . Th e City Manag er or his des ignee may me et info rmall y
with the appellan t to exchange nece ss ary in formation and sh all is sue a
dec is ion i n writing to the appellant at t he address stated i n t he app eal.
I . Ot her reme di es .
I. An y unpaid charge plus the costs and assessment s not resulting from
action by the Englewood Municipal Court shall constitute a debt due
the City . The City Attorney shall , at the direction of the City
Council, institute ci vil suit in the name of the City to recover
such charges, cost s and ass es sments . These remedie s shall be
cumulative with all other remedies , i ncluding prosecution i n
Municipal Court for each vi olat i on of this Chapter pursuant to the
provisions and pen alt ies establi s hed by Title 1, Chap t er 4 of thi s Code .
2 . The occupant or owner of the subject property may be cited into En -
glewood Municipal Cou r t for failure to comply with this Chapter
without receiving pr i or notice as allowed in th is Chapter . The i s-
suan ce of three (3) or more not i ces of violation of thi s Chapter
shall be prima facie ev i dence that the occupant or owner deliberate -
ly and will fu lly violated th i s Chapter and may be puni s hed within
t he di sc ret I on of the Court as provi d,.d i n Se ction 1-4 -1 of the En-
glewood Mun ic i pal Code of 1985 . Thi ~ r emedy shall be cumula t i ve wit h a 11 oth er rem edi es .
CHAPTER 6
15-6 -1 NUISANCES -DEFINED, PROHIBITED:
~-For the pu r po se of t his Code a nu is an ce is her e by def i ned as an y act or
cond ition wh i ch endanger s t he pu bl ic health or re sult s i n annoyance or
discomfor t t o th e pub 1 i c or da mage t o any prop ert y or in j ury to an y person .
B. Prohibited Act s.
I. It sha 11 be un 1 awfu 1 for an y person to commit or do any act co n-stituting a nuisance .
J 7 -
2 . I t shall be unlawfu l fo r an y per son to cr eate, conti nu e or suffer
the exi s tence of any nuisance on any pro perty und er hi s co nt r ol .
15-6-2 ABANDONED ICEBOXES, REFRIGERATORS ANr, FREEZERS: I t is hereby de -
e l a r ed to be a nu is an ce and s ha 11 be un l awful fo r an y per son to s tore . main -
t ain , ab and on or pl ace an y unu s ed i ce box , refrige r ator s. freezer or other com-
par t ment ca pabl e of bei ng tightly cl ose d i n an y place or l oc ati on wha t soe ver
wh ich is accessi bl e to chil dren or t he ge ner al publi c ,11thout fi r s t removing
t he door s of suc h ice box, re fr igera t or, free zer or co mpa r tm ent.
15-6-3 ANIMALS OR FOWL: It i s hereby decl ared to be un l awf ul for any per-
so n t o kee p or permit upon any premise s in t he City , an y anim al s or fo wl of
any ki nd wh i ch, by re ason of odo r, uncleanliness , di sease, so und or cry, shal l
dist urb t he pea ce an d comfo r t of any neighbo rho od or i nt erfer e with any ~ers on
in t he reas onable and co mfortable en j oyment of 1 ife or prop ert y, or in an y
other manner pre se nt a mena ce to t he pub l ic hea lth or sa fety .
15 -6-4 CESSPOOLS AND PRIVIES : It is hereby de clared to be a nui sa nce an d
i t shall be unlawful for any pe rs on t o con struct , keep , use or mai nt a i n an y
s ewage vault , closet , pri vy , ce s spool or septi c tank at any pl ace within th e
City , excep t as he,·e inafter pr ov i ded :
A. If there i s no sanitary sewer line in a bo r dering street, alley or ea se -
ment illlllediately oppo s ite to some point on the premises, a cesspool or
septic tank may be permitted to cont i nue i n operation; provided that if a
sanitary sewer line becomes installed and available at the afores ai d
location , the use of such cesspool or septic tank shall be di scont i nued
and the premises sha 11 be connected wit h t he sewer sy stem with i n six ( 6)
months after the sewer line is installed and available to t he prem is es .
8 . A portable toilet may be utilized or main t ained on a con s truction si t e
dur i ng the time of construction or du ri ng a s pec i al activi ty app r ov ed by
the Ci ty .
15-6-5 WATER RELATED NUISANCES :
A. Drain s and Di tche s. It is hereby de clar ed t o be a nui s an ce and it shall
be unlawful fo r any per son to cre ate , perm it or main t ain upon any pr em-
i ses i n the City any uncl ean , leaking , foul , un safe or dan gerou s , defec -
t ive or filthy drain , ditch , tank or gu t t er .
8. Ponds or Po ols . It is hereby declared to be a nu i s ance and it shall be
u11la wrul fo r any pe r s on to crea t e , pe rm i t or ma i nt ain up on any premi ses
i n the Ci ty any pon1 or pool of unwhole so me , im pure and offens ive wate r.
15 -6-6 ABATEMENT OF ~".SANCE :
A. The City Manag er i s he reby aut hori zed to ab at e or ,n jo in any nuisance
existing i n t he City , wh eth er or not such nuisance is specif i ca 11 y recog -
nized by ordinance.
8. Whenever any nuisance sha 11 be found, the Ci ty Manager sha 11 order the
occupant or own er of the proper t y upon which the nuisance shall exist, or
such person who shal l have caused or permitted suc h nuisance , al hi s own
expense to remove or correct the same within twe11ty -four (24) hour s . If
the occupa nt or owner or p:,r son who shall have caused or permitted ,uch
· 18 ·
9
nui s ance s hall not comply with the order of the City Manager, the City
Mana ger may cause the nuisanc e to be removed or corr ected and all expen se
in curred thereby shall be paid by the s aid occupant or owner or by such
other person who shall have caused or permitted the s am r,, and may be re -
covered by t he C1ty in an action against the occupant and /or owner.
In a 11 cases where the City Manager sha 11 incur any expense fo• abating
any nuisance found upon any lo t or premise s , the expense of such abate -
ment plus twenty -five percent {25 %) for incidental costs may be charged
against the lot or prem i ses upon or on account of which such expense wa s
incurred, or from wh I ch suc h nuisance was removed or aba led. A b 111 for
such expense shall be mailed to the person ~nd/or the owner who s hall
have caused or permitted the con dition to ex i st , and if the same s hall
not be paid within sixty days, the City Manager shall add another twent y-
five pe rcent (25%) as penalty and sha ll cause the same to be assessed
upon suc h lot or premises upon which the nuisance existed or from which
the nuisance emanated as pr ov ided i n the case of weed rem oval .
C. All remedies set forth ~~rein are cumulative, and the exerc ise of one
sha 11 not be deemed to prevent the exerci •e of another nor to ba r nor
abate any pro secution or pet : ti on for in ~ Jnct ion hereunder.
Section 3. §15 -5-3 A 5 and §15 -5-3 B 4 shall not be effective until after August I, 1991.
Introduced, read in full, and passed on first reading on the 19th day of ovember, 1990 .
Publ is hed as a Bill for an Ordinance on the 22nd day of November , 1990.
A Public Hearing was held on January 21, 1991.
Read by title, amended , and approved as amended on second reading on the 21st day of January , 1991.
Re -read by title and approved as amended on second reading on the 4th day of February, 1991.
Pub 1 i shed as amended and approved on the
At-t~t: (J
l.~(/;''({..w~__,,
Pat ricia H. Crow,CityCerk
1, Pat•ici a H. Cro w, City Cler k of the City of Engl ewood , Co lorado, here -
by ce rt ify that the above an d foregoing i s a t rue copy of a Bil 1 for an Or-
dinance re -re ad by ti t1 e ard approved as amended on second re ad ing on th e 4th da y of February , 1991.
-19 -
~-It.ct..(''(_. t.~v .c ~H t~
Patri c ia H. Cro w
• CJIDINANCE NO .
SERIES Of 1990--
BY Al!l'HORITY
A BILL FOR
COONCIL BILL NO. 63
INl'ROIXJCED BY CXXJNCIL
MEMBER ftac1Ltt.<A7
AN CJIDINANCE AMENDING ENil.ElOXl MUNI CIPIIL CODE 1985 BY REPEALING PARTS OF
TITLE 6, TITLE 11, AND TITLE 16 AND A!l!l lt-1-; A NEW TI TLE l5 .
WHEREAS, the restruct uring of the Eng le-.ood Code will provide for rrore
effective enforcement by the Code En forcerent Officer s and will be rrore con-
venient for the citizens as a whole; and
WHERFAS, a Task Force
nuisance issues; an<i
,. tal>lished • '> • ,,.,,1ew enviroorrcntal and
1.-HERF.AS, the Engle,ood Planning and ZOning Board and Envi rorurental Can-
mittee has reviewed the Task Force recam-endations and made ccmrents thereon;
and
WHEREAS, regulation o l derelict and hobby vehicles have been gpecifically
rrodif ied; and
\oflDIBA.5, 'l'he Cit y Council feels i t recess ary t o update the Engle-.ood Code
periodically ; and
I~, the City Colncil feels it is in the best interest of the health,
safety and .elfare of its c itizens to make the following c:h,>nge s;
NOi, THEREFORE, BE IT CIIDAINID BY THE CITY CXJUNCIL OF T!IE CITY OF ENGLE-
IOXI, COLOIWlO , AS FO!..La-15 :
Section 1. Chapters 3, JA , J B, 3C and 4 of Title 6; Section 4 of Chapter
l of Tt tl e 11.; Section 1 of Olapte r 4 of Titl e 16 Englewood Municipal Code
1985 are hP.r,;,by repe~led; and
Section 2. A new Ti tle 15 , Englewood Mun icipal Code 1985, relating to
health, san i t ati o n and envi r t a l protect i on , i s hereby added to read as
follows :
TI'lIE 15 REIIL'lll , S1\NITl\TICN /\Nil~ ~CN
15-1-1 APPLICAI!ILITY:
The persons to whan this Title applies shall be responsibl e to maintain their
pr q,erty in conformance with the provi sions of thi s Title . Such persons are
a l so respons ible to conform to the provisions of this or dinance fran the
boondary of their property to the center o f any abutting alley and to the
traveled !1(>rtion of any adjoininn s treet .
-l -
1.S-1-2 DWINITICNS:
For the purpose of the application of the prov isions of this Olapter, the fol-
lc,,,ing definitions shall apply:
GARAGE, PRIVl\TE
IIANDBn.L, C .:M-E\CIAL
IIANDBn.L, NCNXH-IERCIAL
JUNK
A public way l ess i n size than a
street , which i s not designed for
genera l travel, which is used primarily
as a ire ans of access to the rear of
residences and business establish-
irents, and which affords a secondary
means of access to property.
A building, or part thereof, attached
or detached and accessory ti) the mun
building, providing for the storage of
notor vehicles, an d in which no busi-
ness is conducted.
Animal or vegetabfo wastes resulting
fran the handling, preparation , cooking
and consunptioo o f f ood.
Any printe d or repro<hlced panphlet,
leaflet or similar rlocunent or sarrple
"'1ich advertises for sale any merchan-
dise, product , camodity or thing, or
which directs attention to or adver-
tises any ireeting, theatrical perfor-
mance , exhibition or event of arrt kind
for '>hlch an a.dnission fee is charged
for the purpose of private gain or
profit; or which proposes a service or
any other cxmrercial transaction.
Any printed or reproduced panphlet,
leaflet or s imilar device or satll>le, or
any other printed or otherwise repro-
duced original, or copies of any matter
o f s imil ar type literature not included
i n the aforesaid definition of cxmrer-
cial handbill; or any o f the forgoing
which sets forth a political or
ideological iressage.
Scrap iron, scrap tin , scrap brass,
<;C"rnp copper, scrap lead or scrap zinc
and all CJther scrap iretals and their
alloys, and bones, rags, used c l o th ,
used rubber, used rope, used tinfoil,
used bottles, o ld or used machinery ,
used tools , used appliances, used fix-
tures , used utensils , used l umber , used
boxes or crates , used pipe or pipe fit-
tings , used autcrrobile or airplane
-2 -
JUN!( 'lARD
IOUClJS MATI'ER
OOGANIC
PREMI SF.5
PRDU S..S , PRIVATE
tires, m d other manufactured goods
that ar.-e so worn , deteri o rated or cbso-
l ete a!' to make them unusable in their
existing oondition, but are subject to
beinq diSJrantled.
A pl ace whe.:e j unk , was t e , discarded ,
o r salvaged rn1teri a l s are bough t, sol d ,
exchanged , stored ,baled , packed , disas-
s errb led, or handled, including auto-
rrobile wrecking yards, house wrecking
a.~'1 structural s teel material s and
eq,,iprre'1 t , but not ir.cluding the pur-
er .ase or ~tor age of used furniture and
household equiprent' used CMS in
operable coodit ion , used or salvaged
materials as part of manufacturing
operations.
Garbage , refuse, and rubbish, as de-
fined herein, and all other waste
material which , if thrown or <lepos i ted
as herein prohibited, tendq to create a
danger to public heal th, safe .. y and
welfare.
Material which is capable of causing
inj ury to living organisms by chemical
re,ction or is capable of causing
detrimental effects upon the physical
or =nic well-being o f indiviciJals.
Referring to or derived fran living
organisms.
The record owner whether person, firm
or corporation, or a.,y agent or rep-
resentat ive of the record owner .
A lot , parcel , tract or plot of land,
together with the buildings and struc-
tures thereon.
Any dwelling , house , buildinq r ~ other
structure, designed or used , either
who lly or in part , for private .-esiden-
tial purposes , whether inh.,;.,ited or
tenl)Orarily or conti nuo usly uninhabited
o r vacant, and shall include any yard ,
grounds , walk , driveway, porch , steps ,
vestibule or mailbox belonging or ap-
purtenan to such dwell~ng, house,
bu ilding or other s tructure, and pri-
vate land on which no building exists.
Private premises includes business
property.
-3 -
PROPERI'Y
PROPERI'Y, BUSINESS
PUBLIC PU.CE
REX:REATictlAL VEHICLE
REFUSE
RUBBISH
SPEJ:IAL mBILE EX;l()IPMEN'l'
Land and, generally , whatever is erec-
ted , grCMing upon or affixed to land.
Real property on wh i ch is l cx:ated a
building. Pr operty that is zoned or
used for ccmrercial use wh ich is used
principally for the sale or lease of
rrerchandise , goods , or s ervices, or
i nterest i n land wh ich is generally
recognized a s being zooed for a retail
or wholesale business .
Any and all streets , sidewalks ,
boulevards , a lleys or other public ways
and any and all public parks , squares ,
grounds and buildings CMned or main -
tai ne d by the City o r other governrren-
tal agency provided for the benefit of
the general public .
capable of being deccJ1t,osed by micro-
organisms with suffici ent rapidity to
cause nui sances fran odors or gases.
A vet i cular-type, portable structure
without permanent foundation, .ru.ch can
be tol,ed, hauled or driven and pr.irnari--
ly designed as tenl)Orary living accau-
rrodation for recreational , c anping and
travel use and including, but not
limited t o travel trailers, truck canp-
ers, CaJ1t'ing trailers and self-
propelled rotor hares.
All putrescible or nonputrescible waste
including garbage, rubbish, ashes,
s treet cleaning , dead animals , offal ,
droppings , abandoned appliances and
vehicle parts .
Nonputrescible wast e cons isting of both
ccm:ms tible and nonc arbustible wastes ,
such as paper, wrappings, l eaves ,
branches , wood , waste building
materials, glass , bedding , c rockery,
household furnishings and similar
materials .
Means and c ons ists of vehicles , self-
prcpellE:,j or 0t.:1erwise 1 designed
prim:trily for ~~ation or use on or
off the str -L s and h ighway s and on ly
incidentally used or rroved upon such
stree• . .5 o r highways. This definiti on
st., 1 , include by way of exanq:,le , but
not hy way of limitation , snCMPlc,.;s ,
STl\ND Ql STl\NDING
S'I'CWlGE/mrcl\ vraICLE
CQ!\CH CR 11'.JfOR HO-IE
road construction or maintenance equip-
rrent, ditch digging or excavating ap-
paratus , well drilling or boring equip-
rren t, fire-fig ting equiprent , vehicles
designeJ to transport equiixrent and
vehicles used in oonn ec.tion with or for
the repair and ma intenance 'lf construc-
tion or maintenance eqdixrent ten--
porarily or permanently ircunted on such
vehicles , provided t hat such equiprent
is transported from yard to job, job to
job, or job to yard and equiprent
primarily designe d for hoisting, lift-
ing, rroving, loading or digging opera-
tions . The f or egoing definition is
partial and shall not include other
vehicles of unusual design, size or
s hape that are designe d primarily for
purposes other than transporting rrer-
chandise or passe ngers .
The halting of a vehicle, whe ther occu-
pied or not, other than rrarentarily for
the purpose of and while actually en-
gaged in receiving or discharging
passengers •
To leave, p ark , stand, or halt a vehi-
cle or noter vehicle in a certain place
for a period of seventy-two hours or
longer.
/'J!y public thoroughfare for the •ree
passage of persons , trade and ccmre ~Ce,
and which affords a principal rreans of
access to property abutting along its
l ength . This term does not include
private r oads .
/'J!y wheele d veh icle, without rrotive
pc,,,er and having an elll'tY 1o.,eight of
rrore than two thousand pounds , whic h is
designed t o be drawn by a rrotor vehicle
and to carry its cargo l oad wholly upon
i t s c,,..in structure and ,.._it,ich is general-
l y a nd c omrronly used to c arry and
transport property over the public
highways.
Any wheeled vehicle which is a single ,
sel f-contained unit, with notive p::Mer ,
which is designed and generally and
comrronly used for occupancy by persons
for residential purposes , in either
eT"pOrary o r permanent locations, and
-5 -
'm!ULER, SMALL
TRUCK
USABLE CFEll SPACE
which may occas ionally be driven =-
the public highways as a rrotor vehicle .
For the p.,rpose of Title 15, En,1""""'1
Municipal Cocle cnl y , a smal l trailer is
any wheeled vehicle , without rroti"e
pc,.,er and having an errpty weight of t1, 1
thousand pounds or l ess , which is
designed t o be drawn by a rrotor vehicle
and to carry its c argo load wholly upon
its am structure and wh ich is general-
l y and CCJTT110nly used t o carry and
transport property over the public
highways.
All putrescible and nonp utre scible
waste, both a:m:,ustible an d noncarbus-
tible, including without limitation:
animal and vege table was te resulting
fran the handling, preparation, cooking
and consmption of food ; ashes ; cans;
paper; wrappings; cigarettes; card-
board, yard clippings; )eaves,
branches; wood ; dead animals ; offal ;
drcppings; was t e and used building
materials; gl/\Ss ; bedding; crockery ;
abanooned or unusable household fur-
nishings; abandoned or unusable ap-
pliances; and abandoned or unusabl e
autaooti ve or other rrechanical parts or
objects.
A container of netal, Wood or plastic
with a top or cover that can be secure-
ly fastened or. the contdiner to prevent
the contents fran being carried or
scattered by the e lements or animals.
Paper or plastic bags are not pexmitted
trash containers except for grass clip-
pings and l eaves, if or~ly secured .
Any rrotor vehicle •·•:--,ped with a body
designed to carry p,CJ!..,.,rt y and which is
gener ally and camc:,ly ,sed l~ carry
and transport prcperty ~ver the public
highways .
On-site space which is absent of any
building or struc ure. Open space
could contain, but is not h.mited to
the follc,.•ing : sir'ewalks, rellises,
S'Wings, arOOrs, swinning p:x:,l s, t.ennis
courts, and landscaping . Surface park-
ing is 1,ot o be considered ns usable
q:,en space .
-6 -
•
• VEXICLE
VEXICLE, CXM-IERCIJ\L
vm!ICLE, DT'2IBLICT
VEXICLE, HOBBY
vm!ICLE , MJrCR
WEED
Means any device which is capable of
rroving itself, or of being rroved, fran
place to place upon wheels or endless
tracks; such term, for the p..u:pose of
this Titl-c , s hall not include any farm
tractor c,r • my inplerent of husbandry
de s igne d primarily or ext:lusively for
use and used in agricultural q,eration
or any device rroved by nuscular pc,,;er.
'1'lis definition also means any self-
propelled vehicle which is designed
primarily for travel on the public
h i ghways and which is generally and
camonl y used to tr an sport persons and
property over the public highways.
Any noter vehicle licensed by the State
of Coloraoo a s a camercial vehicle.
Any vehicle designed, maintained or
used primarily for the transportation
of property.
Any vehicle which is wrecked, damaged,
or substantially dismantled to the ex-
tent that such vehicle is inoperable or
is incapable of being m:,ved under its
a,m pc,,;er . It shall include any vehi-
cles missing crie or nore wheels and any
vehicle which lacks a current license
plate or emissions sticker or which
lacks insurance .
Any vehicle of the following t 1-pe in
the proces s of being b.lilt, resto1ed or
maintained as a robby or diversion fran
one• s regular occupation: boat, c las-
sie car, experimental car, off-10ad
vehicle, race car and derelict vehicle.
Any self-propelled vehicle which is
designed primarily for travel on the
public highways and which is general) y
and ccmronly used to transport persons
and property over the public highways.
Weeds, grass , brus h or o ther rank or
no: J.ous vegetation which has gra.m to
ma ur i ty or j ,; in excess of six inches
(6' I in he i gh·:.
An existing or required q,en space ,
otner than a co..rrt , on the S?'re l ot
with a principal building or struc t ure ,
open, unoccupied and unobstructed frcrn
the ground to the sky , except as other-
wise provided herein.
-7 -
'O.RD ,FRCNI'
YARD,RF.AR
Yl\RD , SIDE
A yard extending across the full width
of the l ot beb.een the front l ot line
and the nearest line or point for
buildings as required by setback
requirments.
A yard extending across the full width
of the lot between the rear lot line
and the nearest line or point of the
principal building.
A yard between the side line of the lot
and the nearest line of the building
and e xtending froo, the front yard to
the rear yard , or in the absence of
either of s ue·, yards, to the front or
rear lot line , as may be.
OIAPl'l!R 2
~2-1 TRASfl/JU«/SALWG!, -Gl!NERI\L RmllATIOIS:
A. No person shall throw, place or deposit any trash 01 any public street,
in a public park or place, or in any public building within the City ex-
cept in trash containers .
•
B. No person shall throw, place or deposit any trash in any foon t ain , lake , -
bay , stream or other body o f water wi thin the Cit y nor en any occupied or
vacant property within the City.
c . No person shall affix any post<.,:, notice or l ike device to attract public
attent i on, to any lanppost, pub.i.ic utility post , traffic oontrol <EVice ,
tree , public s tructure or oo.i lding except as may be authorized by law .
D. Every owner, leasee , or occupant of a busines s property is required to
keep the sidewalk adj acent to the prq:,erty or the prq,ortional share of
camon sidewalk, walkway, mall, o r parking lot free fran trash , except as
provided in Section 15-2-3 (E l .
E. No a.ner, leas ee , or occupant of real prq,erty shall sweep into , or
depos i t in, any gutter, s treet, alley or public place the accumulation of
grass clir:pings , leaves , branches or trash f ran hi s o~ her building,
s idewalk or driveway, except as provided in Section 15-2-3 (El .
F. No driver or passenger of an aut arobile, n-otorcycle, bicycle , airc:raf ,
or other vehicle shall thrc,.,•, place or de,x,sit trash upon a'ly real prop-
erty or any public street o r public are, wiU1in the City.
G. No person shall drive any truck, trailer , small trailer, special mobile
equiprren or like vehicle into or within the City un less its contents are
covered o r l oaded to prevent them f ran being scattered .
H. person shall drive any truck, trailer, small trailer, special mobile
equi!Jtent or like vehicle into or within the Ci ty and 1n so doing scat-
t er or track any rrud, dirt, trash,, 0 11 or other foreign matter into a
public street , al 'ey or other public place .
-8 -
I. No person shall thra,, or deposit trash within the trash cx,ntainer o f an-
other person without that persoo' s express or inplied cx,nsent.
15-2-1 'fflASE!/JTHC/SALWGE -RESIDml'IAL DIS'llUCT Rl'll.tU\TIOIS.
A. No person shall store j unk out-<>f-cloors.
B. No person shall oondl.lct or permit salvage or storage
facilities in any residentially zoned area.
15-2-3 PLl'CIM!Jl'l' Ml> RIMM\L CF 'ffll\Sll:
ations or
A. Every c,.,ner o r cccupant of r eal pre.pert s hall rerove, o r cause the re-
tTOVal of, all acctmJlations of trash fran such property , and , pending the
reroval, shall place the sarre in a trash container kept for that p.irpose .
Upon renoval, the same shall be taken to a site authorized f or disposal
of tras h.
B. The omer or occupant of real property within this cit y shall take or
place for collection all trash stored en the real property t o an ilU-
thorized site for the disposal of trash within a period of seven ( 7) days
after ac:currulation.
C. All persons shall store all trash in covered trash containers in such a
manner as to prevent it fran being carried or scattered by animals or the
ele11?nts and to prevent the anission of noxious or offensive ooors.
D. All owners or occupants of real property shall set trash oontainers back
at least fill'!! (5) feet fran the side property lines and conceal then with
an q,aq.,e or oon-see-through screen. No person shall stoce trash and
garbage in the fra,t yard for nore than twenty-f our (24) hours prior to a
scheduled collection or pick-up.
E. All persons sha ll place trash containers within the p.,blic right-<>f-way
only on regularly scheduled pick-up or collection days and in a manner
which will rot obstruct vehicular or pedestrian traffic and shall rerove
said trash containers fran the p.,blic right -<>f""""'Y not later than twenty-
four ( 24 ) hours after the pick-up o r collection.
F . No person shall engage in the rosiness of rerroving or hauling trash in
the City without first cbtaining a license therefor. A yearly nontrans-
ferable license shall be issued by the Director of Finance upon annual
payrrent of five oollars ($5.00) per vehicle.
15-3-l Meeds -c»fflRAL RIQJIREMl,Nl.'S :
A. cutt ing or remov ing of ..eeds . Every cwner and /or cccupant of real prc,p-
y shall cut, or cause to be cut, all weeds or grasses over six ( 6)
inches in height growing thereon an d shall rerove, or ca• ·e the reroval
o f, said weeds or grass to a s ite authorized for such disposal .
-9 -
15--3-2 ICl'ICE TO aJr Nil RfM'.JIB tll;2'JJS l'RJ/CJI. DISPOOB C, fl!ASII, JIHt CR
51\LVJ\GI!.
A. Whenever the City determine s that weeds and /or accumulation of trash ex-
ist on real property within the City which are in viol tion of this Chap-
ter , a Notice o f Violation may be posted on the property requiring that
such weeds and/or accmulations of trash be reroved within five (5 ) days .
1'1hcnever proper abaterent action has not been undertaken pursuant to the
aforarent i oned Notice o f Violation , a placard containing a notice in sub-
stantiall y the follCMing form may be posted t;,O!l such real property, for
a peri od of no t less than five (5) days nor more than ten (10) days .
TO Tfl! <Jlll!J!S IKJ/CR CXXlll'AlffS CF mIS l'IO'fm'll:
Notice is hereby given that there exists ~ this property accunula-
tions of weeds and /or trash which have not been rerov d and disposed
of in accordance with the provisions of ___ __,,----,--,· Notice
is further given that unless the sane are I'l!llOVed a, or before
, 19 , the City of Englewood
-shall,-,,..,--ca-u_,ie_the~----to,--.,.be-,--.,..rerove-=-ad and disposed of, in >lhich event
the CM!lers of this prq,erty shall be liable for all coots, mq:,enses
and penalties therefor as set forth in~---=-of the Eng l ewood
~Wlicipal Code of the City of llig lewood, including assessment of a
prq,erty lien for the oosts incurred.
B. Failure to catply with notices. If any occupant who is not the CM!1er of
real property fails to cx,rply with a notice given pursuant to this chap-
ter within the tine period specified, the City Manager or his designee
shall notify the nonresident CMner of the property, if any, of the viola-
tioo giving him five (5) days to moove and dispose of the weeds /trash .
If the trash /weeds are not reroved or disposed of as required, or if
there is no nonresident CM!1er, the City Mana ger or his designee is au-
thor ized to cause abaterent of the condition specified in said notice.
All costs fo1· abaterent incurred by the City plus an ad-,tinistrative oost
of tl<enty-five percent (25'%,) o f the direct cost shall be charged against
the real prq,erty and its CMner.
c . Notice of oosts . If the Cit y i ncurs oosts taking abatement action re-
qtured by this Section, a ~-tateient shall be prepared for the entire oost
p l us twenty-five percent (25'%,) aaninistrative oosts, and shall be mailed
by certified Mail, Return Rece ipt Requested , to the property owner with
instn ictions that said oosts for abatement shall be paid in full within
thirty (30) days o f s aid mai ling date . The s t a tement shall also inform
the p r operty owne r that failure to pay the oos t s for abatarent within
thirty ( 30) days shilll resul in an assess being ma de against the
property which shall cons t itute a lien to the benefit of the City p ur-
suant t o the provis i ons o f this Title.
D. Asse s nt o '-cos t s . If the full amoun t of the oost sta t ement regarding
weed and /or trash abat arent 1s not paid withi n tlurty ( 30) days ~-the
statement mailing dat e , t he City Manager or his designee shall assess the
entire anou.~t o f e statarent plus an additional wen t y f i ve percent
(2 5'%.) oenalty acai nst t.'1e specified real property . Af t er assessment by
the Ci y Mana e r or his desicmec , ii oqoy shall be sent to each CMner o f
record o f ;,e assessert property . The asses nt shall cont ain a legal
-10 -
description of the prq:,erty, the expenses and oos t s incurred, the date
that the abatemmt action occurre d, and a notice that the City claims a
lien for the stipulated arrount. The City Manager or his designee s hall
certify such assessrrent to the County Treas urer who s hall collect such
assessrrent in the saire manner as ad valorern taxes are collected.
E. Lien asses srrent. Fran the date o f the asses s ing staterrent, all assess -
rrents shall oonstitute a perpetual lien against the specified real prop-
erty and s hall have priori y over all liens excepting general tax liens
and prior special a s sessrrents . No del ays, mistake:!, errors or ir-
regularities in any act or proceeding authori zed herein s hall prejudi,.-e
or invalidate any final assessrrent ; but the sane may be reredied by t.he
City Manager or hfa designee, as the case may require, upon applicat:.on
made by the prqoerty cr.mer or other interested person. When so rerrediEd,
the saire shall take effect ns of the date of the original assessment .
F. Appeal s . Any owner or occupant of real property may appeal the statere11t
of costs or lien assesSll'l!nt, in writing , to the City Manager within five
(5) days o f his receipt of notice. The appeal shall contain the appel-
lant's nrure and acxlress , the decis ion being appealed, and a brief ex-
planation why the appellant should not be required to ocnply with the
a:,cuirent appealed. The City Manager or his designee may m;,et informally
with the appellant to exchange necessary information and s hall issue a
decision in writing to the appellant at the address stated in the appeal.
G. other rei,edies.
1. Any unpaid charge plus the oosts and assesmrents not resulting fran
action by the Engl!!l«Xld Munici pal Court shall oonstitute a debt due
the City . The City Attorney shall, at the direction of the City
Council, institute civil suit in the nan-. of the City to recover
such charges, costs and assessrrents. These renedies shall be
r:mulative with all other remedies, including prosecution in
Municipal Court for oach violation of this Chapter pursuant to the
provisions and penalt:ies established b y Ti\:le 1 , Chapter 4 of this
Code .
2 . The c,;mer or occupant of ct,e subject p~y may be cited into En-
g l""""-<l Municipal Court for failure to carply with this Olapter
without receiving pri or ootice as nllo,,;ed in th.is Chapter . The is-
suance of three (3) or trore ootices of violation of this Olapter
s hall be prima facie evidence that the owner or occupant deliberate-
ly and willfully violated this Olz,pter and may be punished withi n
the discretion of the Court as provided in Section 1-4-1 o f the En-
gl!MlO<l Municipal Code of 198 5 . This reredy shall be cunul.ative
wi th all othe r rerredie3 .
Oll\Pl'llR 4
15--1-1 DIS'JlUIJln'lCtl OF lwtll3Il.LS -RESTRICTICtlS:
A. No per son s hall distribu e, place or sell any ccmrerc1al or nor~armercial
handb i ll, a dvert iserent rir suni.lar lite r ature i n or u n dOY street ,
sidewalk , any privat•a park ing lot c:pen for p.iblic use , or any other
pub l ic place withi n tr1e Ci y ; prov i ded , ho,.; ver , a pe rson rray distribute
free handbills directly t o persons who are willing to accept them .
-11 -
B. No p!rson shall distribute any handbill or similar literature upon any
inhabited private pranises except by placing said i tems in a manner as to
prevent them £ran being blown ar drifted aboot said premises. Mail boxes
shall not be used for distrib.ition when such distribution is prohibited
by Federal regulations . No person shall distribute any han<!>ill ar simi-
lar literature at any vacant premises.
c. No person shall distribute any handbill, solicit funds, distribute
literature or sell an ·article upon any real prq,erty if requested not to
do so by any occupant of said property or by any sign posted on said
property instructing against such act or action .
1.5-1-2 IWDIILLS -ElCCf1"l'I(R;:
A. The provisions of this chapter shall rot apply to the prq,er distribution
of mail by the United States Post Office i t shall also not appl y t o the
delivery of newspapers wtiich are legal publicat ions, provided that news-
papers shall be distributed in a manner which prevents their being car-
ried a,ay by the eleirents and provided fur'-..her that the prq,erty has not
been posted instructing against such act ar IICtioo .
Clll\PD!R 5
1.S-5--1 'Vl!llla.l!S -PARKDE/Slt1111GB RID.IMI(IIS DI ALL DI8nUCTS:
A. It shall be unlawful for the q,erator or owner of an autarobile transport
trailer , road tractor, truck tractor , l!DYing van, transit-mix concrete
truck, trailer , semi-trailer ar truck with an Elflt)ty weignt in excess of
seven thousand (7,000 ) poonds (70 C.tl.T.) ar special m:Jbile equiµrent to
stop, stand ar park such vehicle ar to cause such vehicle to be stq,ped,
s tood or parked on any street or highway, alley or other public way
within the Ci ty for a period in excess of f our (4) hours at any tine,
except ..tien such vehicle is being expeditioosly loaded or unloaded or
such trobile equiprent is being used to perform the special q_,e.rations for
which it was designed.
B. No person(s) shall park any tank truck(s), tank trailer(s), tank semi.-
trailer (s) or other truck(s) used to transport hazardoos substances or
materials upon the streets , alley s or public or private places within the
City except when entirel\' E!lll'tY and t hen cnly far a period not exceeding
one ( l) hour . No person shall repair any c argo area or tank of such
vehicles within this City e xcept when such car:qo area or tank of such
vehicl es are OCIT!)l etely enpty o f flrurmable liquids, vapors, or hazardoos
substances or materials, and only after being thoroughly steamed or
washed to rarove all explosive vapor s. No person shall park or allow to
rE!Tlain on this City 's streets, alleys, o r public property, o r private
p rc.perty any tank true!<, tank semi-tra iler o r tank trailer used for
transporting liquefied petroleum or gas, whether l oaded o r ~ty, or any
truck carryinq hazardoos substances , except ,men ac:tually e ngaged in
filling stor age tanks o r ·•hlle under repair.
C. No person shall park any r vehicle or vehicle :u, excess of t wenty-tv,o
(22) feet in length, or e1cht (8) feet in width, rn the public right-o'-
way excent when such rrotor vehicle :.s be:u,g expeditiously l0<1ded o r
un loaded .
-12 -
•
D. No person shall park or permit to stand in any public right-of-way or ai
public property, any trailer or small trailer unless the trailer i s con-
nected to or attached to a irotor vehicle in a manner to be towed. The
vehicle and connected trailer shall not be parked in the public r ight-of-
way for rrore than seventy-t"-0 (72) hours within any one week .
E. No person s hall permit any snowplow designed to be truck rrounted which is
not hooked up or otherwise att ached t o a rrotor vehicle in a manner to be
used for its intended p.i.rpose, to be stored or parked ai public streets
or rights-of-way . All owners and/or operators of vehicles with snow
plows attached s hall not store them on PJ)>lic streets .
F . No person s hall store any truck or other vehicle loaded with trash , junk,
weeds, tree branches or linbs in a public right-of-way.
G. No person shall park or store any rrotor vehi cle in a manner so as to
obstruct the public s idewalk or right-of-way .
H. No person shall park a vehicle in excess of any tine l imit established
for parking at that location, which shall be the tine limi t for that day
and that block.
l.S-S-2 Vl!lllaZS -PNUmli/9l'CIWiE RJGJIATI<JIS FCR RESDBn'IAio DISmICTS.
A. It sJ,.all be unlawful for any person to store a vehicle designed and used
for recre,;tion purposes , including , bul not limited t c , one or irore irotor
limes, boats, calll'&S, trailers used for carrying boats, hobby or
derelict vehicles or racing cars, rroton.-ycles and other equipnent or iro-
tor vehicles ~ the public right-of-wz,y. The vehicle may be parked in
the r i ght-of-way for no roore than seventy-two (72) hours within any one
week while being expeditiously loaded or Wlloaded.
B. No person shall park the following described vehicles ai public or pri-
vate property in residential areas except while making normal deliveries
or being used to perform the special operations for which it Ls designed:
1. Any vehicle with an errpty .eigt:t in excess of seven thousand (7,000)
poonds (70 C.W.T.).
2. A road tractor, truck tractor or seni-trailer.
3. A truck constructed or adapted for the p.rrpose of transporting or
de livery of bulk gasoline, petroleum products, or hazardous substan-
ces o r materials.
4 . A ta,; truck or autarobilc wrecker.
5 . A church bus or school bus not used for school or church purposes .
C. No person shall park or store any vehicle ai private prq:,erty in viola-
tio n of the following restrictions :
1 . No vehicle shall be parked in such a way as to block the sidewalk or
any portion of the public sidewalk .
-13 -
2. No vehicle shall be parked in front o f the fratt setback of the
principal structure unless located at a concrete, brick paver, as-
phalt s urface, gravel or other siJnilarly finished hrrd surface.
3. In no c,,se shall nure than one cx:mrercial vehicle be parked or
stored on property in auy residential zon e district , whether in a
private gar,,ge or carport , in an off-street parking space or in :..,
open-space area , and the s ize of s aid ocmnercial ve:ucle shall not
e:o::eed ""l)ty vehicle WEight of 7 ,00 0 pounds ( 70 C. Ii. T . ) .
4. The following described ve hicles may be stor ed at private property
if they nect the following s andards :
a . l\ heat, trailer, small trailer, or detached canµ,r shall be
parked or s tored 0'1ly in a garage or other enclosed s tructure
or in the area identified as the rear yard of the property in
any resi dential zone district . No such vehicle shall be stored
or parked unless it is securely blocked o· res trained fran
noving, toppling or falling .
b Detached C""l)et"S shall be stored in the area identified as the
rear or side yard and s hall be stored on blocks or supports not
rrore than six inches (6") in height, or oo its loading jacks or
awaratus at the tr lowest liJnits . All loading equipnent sl-.all
be ifl good repair.
5. No person shall occupy any vehicle in violatior, of the following:
a. No rrotor vehicle or vehicles shall be occupied or used for
living or housekeeping or sleeping purposes or for the housing
and keeping of aniirals, except as provided in (b.) b..low;
b . Upon the application of a resident of the City, a special per-
mit n-ay be issued by the DepartJTent of Camtunity Devel<.prent
for a nonresidP.nt j ourneying in a recreational vehicle used for
hoosekeepi ng p.trposes and who is visiting at the residence of
the applicant, to cx:cupy the travel vehi c le at the applicant• s
res id:?nce for not l1'0re than seve.'l (7) rays . nie special pennit
shall specify the location of the applic ant 's property or adja-
cent right-of-w.1y i n whic h the travel vehicle will be parked
,.-t,,' le occupied.
This sha l not be <leemed to permit the parking or storage of a
detached ~=, trailer or small trailer in any public street
o r right-of~.ay o f any s treet c'esiCJll a ted as an arteri al or col-
lector street .
15-S--3 VEHICLES -DmELICT /\ND OOIIIJY :
It shall be u.rtl a·~-£\1 1 :('Ir 1 nv r,e r ~n to ston!? 1 rain i\in or keep ar.y derelict or
hobby ve"liclP, 1s dcfh,'i by this Titl~, on any real p r operty or adjacent
puh lic riqht-,""!f-Wn~' i n tlifl \1ty PXCPnt a~ follow-s :
-14 -
I
A. VlliICLES IN RESIDENl'IJ\L ZCNES:
1 . '!here shall be no n-ore than ooe hobby or derelict vehicle maintained
or stored on the property o f any residence in a residentially zoned
district, which vehicle shall be stcre<' in a fully enclosed garage
o r similar structure . A p,rson may stote the vehicle in a carport
or open area if the vehicle and its parts are kept entin:ly covered
with a tie-<l<Mn canvas or o ther q,ayue oovering. Storage or
covering is not required when the w.hicle is actually being l«lrked
on .
2 • No person shall store or l«lrk oo any hobby or derelict vehicle
within the required froot yard setback or in or era any public
property or rights-of-way .
3. Any person or party, with prq:,erty which has no adequate occess to
the rear yard or who has no garage, .tio is seeking a variance or
other hearing before the Eng l e-.ood Board of Adjustment and Appeals
in any matter relating to this Section shall not be required to pay
any fee to the City for said procedure •
4. 'nle a..mer o f a derelict or hobby vehicle as .ell as the a.mer and
occupant of the prq,erty shall be responsible for the maintenance or
storage of such vehicle in cx:r,pliance with this Olapter.
B. Business Zooed Districts :
1. No person shall keep a hobby or derelict vehicl e in a business zcraed
district unless such vehicle is stored in a fully enclosed structure
or behind the principal structure in an area screened fran view of
adjacent prcperties and public r ights-of-way.
2. No person who resides in a business or industrial zone district
s hall keep n-ore than crae hobby or derelict vehicle era the prq,erty.
3 . 'Ire owner of a derelict or hobby vehicle as well as the a..mer and
occupant of the prcperty shall be responsible for the maintenance or
s torage of such vehic-ie in oc:rtpliance with this Olapter.
c. Notice to Rem:we Hobl:l; ·.nd/or Derelict Vehicle .
Whenever any City errplo,;ee charged with enforcing this Title finds that a
hobby and /or derelict vehicle exists era real prq:,erty within the City
which is in violation of this Chapter, they may post a notice of the
violati on on such vehicle requiring that the sarre be rerroved, or brought
into caipliance with this ordinance within five (5 ) days . \o/t,enever prop-
er abateirent or catt>liance action has not been undertaken pursuant to the
aforeirentioned Notice of Violation, a placard containing a notice in sub-
stantially the following form may be sted .
!OI'ICE CF VICLATia.
Notice is hereby given that there exists upon this prq,erty hobby
and/or derelict vehicles which have not been renoved in accordance
15 -
with , or brought into OC1Tpli ance w1tJ1, the provisions o f Title
of the Englewood Mun :-ipal Code .
Notice is further given that unless thta san-e are raroved and disposed
of., or brought into OC1Tpliance with this ordinance, within five (5)
days fran the date of this notice, the City of Englewood shall take
all legal action necessary to effect COT!)liance with this ordinance.
Date: Tin-e: Officer ---------------------
D. Failure to CXJT\)ly with notices . If any OCCU()drlt who is not the a.mer
of real property fails to oatply with a notice given pursuant to this
chapter within the tin-e period specified, the City Manager or his
designee shall notify the nonresident a.,ner of the prq,erty, if any,
of the vio l ation giving him five (5) days to rem:,ve and dispose of
the hobby or derelict vehicle. All casts for abatement incurred by
the City plus an aaninistrative cast of twenty-five percent (25'X,) of
the direct cast shall be charged against the real prq,erty and its
owner.
E. Notice of casts . If the City incurs casts taking abatarent action re-
quired by this Section, a statement shall be prepared for the entire cast
plus twenty-five percent (25'X,) aaninistrative casts, and shall be IMi.led
by Certified Mail , Return Receipt Requested, to the prcperty a.,ner with
instructions that said casts for abal:etent shall be paid in full within
thirty (30) days of said mailing date. The statement shall also inform
the properl_" a.,ner that failure to pay the casts for abatement within
thirty (30) days shall result in an assessrrent being made against the
property which shall constitute a lien to the benefit of the City pur-
suant to the provisions of this Title .
F. Assessnent of casts. If the full atl'.lU!lt 9f the cast statement regarding
hcl:i>y or derelict vehicle abaterent is not paid within thirty ( 30) days
o f the staterent mailing date, the City ManagP.r or his designee shall
assess the entire ilrO\lnt of the statement plus an additional twenty five
percent ( 25'X,) penalty against the specified r eal property . After assess-
nent by the City Manager or his designee , a copy shall be sent to each
owner of record o f the assessed property . The assessrrent shall contain a
l egal description of the property, the expenses and oosts i ncurred, the
date that the abaterent action occurred , and a notice that the City
claims a lien for the stipulated am::xmt . The City Manager or his desig-
nee shall certify such assessrrent t o the County Treasurer who shall col-
lect such a s sessrrcnt in the saire nwmer as ad valorern taxes are
ccllected.
G. Lien assessrrent . Fran the date of t he assessing staterrent, all assess-
ments shall ccnstitute a perpetual lien against the specified real prcp -
erty and shall have prio rit y over all liens P.xcepting genera l tax lien5
and prior special assessnents . No de l ay s, mi stAkes , errors or i r-
requlari i es in any act or proceeding authorized herein shall prej udice
or i :walidat e any final assessrrent ; but the sarre 11\i!Y be r erredied by the
City Manaqer or his dt:signee , ?d the case may require , upon application
11\iide by the prq,erty a,mer or o ·.her in crested person . When so remedied ,
the sarre s ha ll take e ffect as of the dat e of the original ass ,sment.
-16 -
•
H. Appeals. Any a.mer or occupant of real prq,erty nay appeal the staterrent
of CX>Sts or lien assessment, in writing, to the City Manager within five
(5) days of hfa receipt of ootice . 'Ille appeal shall oontain the appel-
lant's narre and address, the <lecislon being appealed, and a brief ex-
planation why the ai:pellant s hould not be required to CXJll)ly with the
docurrent appealed. 'Ille City Manager or his designee rray n-eet inforrrally
with the appellant to exchange necessary inforrration and shall issue a
decision in writing to the appellant at the address stated in the appeal.
I . Other mredies .
1. Any unpaid charge plus the CXl6ts and assessrrents oot resulting f ran
action by the EnglE!'w\'.Xld Municipal Court shall oonstitute a debt due
the City. The City Attorney shall , at the direction of the City
Council, institute civil suit in the nane of the City to recover
s uch charges , costs and assessments . These reredl.es shall be
cunru.lative with all other remedies, . including prosecution in
Municipal Court for each violation of this Chapter pursuant to the
provisions and penalties established by Title 1, Chapter 4 of this
Code.
2 . 'Ille a.mer or occupant of the subject property rray be cited into Dl-
glewood Municipal Court for failure to CCJ1t)ly with this O\apter
without receiving prio r ootice as allowed in this Ciapter. The is-
suance of three ( 3) or nore ootices c, violatioo of this C,apter
shall be prima facie evidence that the a-mer or occupant deliberate-
ly and willfully viola t ed this Ciapter and rray be punished within
the discretion of the Court as provided in Section 1-4-1 of the En-
g lewood Municipal COde of 1985. This rerredy s hall be cumulative
with all other rerredier.
15-6-1 RlISl\lCES -DEFINED, P!OlIBI'lID:
A. For the p.rrpose o f this COde a nuisance is hereby defined as any act or
coodi tion wtu.ch endangers the p.,blic heal th or results in annoyance or
discanfort to the p.,blic or damage to any prq,erty or injury to any
person.
Il. Prohibited l\cts.
1. It shall be unlawful for any _person to ocmni.t or do any act con-
s titut ing a nuisance.
2 . It shall be unlawful for any person to create, continue 0 1.· suffer
the rud.stence of any nuisance on any prq,erty under his control .
15--6-2 IIBI\MX1IID IC:l!CDCES: It is hcrebv declared to be a nuisance and
shall be unlawful for any rso• to s ore, ra.i.ntain , abandon or place any un-
used icebox or other crnpartnent capable nf be111g tigh ly closed in any place
o r loca ion whatsoever •.-tu.ch is accessibll• o children or the general i:,.!blic
without first rem::ivi!l<] the rs of such 1ccllox or CXJ1l)artlrent.
15--6-3 ANilW.5 Cll RH,: It 1s hereby declared to unlawful for any per-
son t o keep or ;.:-erm.it uoon any premises in the City , any animals or fo.,d of
-17 -
any kind which, by r eason o f odor , unc l e anliness , diseP..se , s ound or cry, shall
dist urb the peac e and ocrnfort of any ne ighborhood or interfere with any person
in the reasonable and canfortable enjoynvant of life or property , or in any
other mann er present a rrenace to the public health or safety.
15--6--4 CESSPOCLS 1111) PRIVIES: It i s hereby declared to be a nuis anc e and
it shall be unl awfu l for any person to cons truct, keep , use or maintain any
sewage vault, closet , privy , cesspool or sept ic t ank at any p l ace wi thi n the
City, except as herei na fter pr ovided :
/\., I f there is no sanitary s ewer line i n a bordering street , a lley o r ease-
rrent imrediately opposite t o sare point al the premises, a cesspool or
sept ic tank may be permitt ed to continue in q,eration; provided that if a
sanitary sewer line becares installed and avail abl e at the a foresaid
location, the use of such cess pool or septic tank shall be discontinued
and the prenises shall be conne<:ted with the sewer sys tan within six ( 6)
lfO'lths after the sewer line i s ins talled and available to the prenis e s .
B. /\. portable t oilet may be utilized or l!lllntained al a construction site
during the t ine o f construc tion or during a special activ ity approved by
the City .
15-6--5 Wd'l,R Rl!lA'1'l!D ~:
/\.. Drains and Ditches. It is hereby decl ared t o be a nuisance and it shall
be unlawful for any person to create, pennit or maintain upon any prem-
ises in the City any unclean, leaking , foul, unsafe or dangerous, defec-
t ive or filthy drain , ditch, tank or gutter.
s. Foods or Pools . I t is hereby declared to be a nuisance and it shall be
unlMUl for any person '.o c reate , permit or maintain upon any premises
in the City any pond or pool of unwholesaie, inpure and o ffensive water.
)~ l\BMD4l:Nl' Cl' t«JISAIC!:
/\.. The City 1-lan ager i s hereby authorized t o abat e or enJ ol.ll any nuisance
existing in the City, whether or not-. such nuisance is specifically recog-
nized by o r dinance .
B. l·lhenever any nuisance shall be f ound, the Cit y Man ager shall o r der the
~ or occupant o f the property upon wh ich the nuisance shall exist , or
s uch person who s hall have caused or pennitte d such nuisance , at his ,n
expense to rarove or correct the withi n twenty-four (24 ) hours . If
the or occupant or person whn shall have caused o r permitted such
nuisance shall not catply wi h the order of t he City lanager , the City
Manaaer may c~use the nuisance to rerroved or corrected and al l expense
incurred thereby shall be paid by the said a.ner or occupant or by such
other person w:10 shall have caused o r perni tted t. '1e saire , and may be re-
r ed by t he i ty in nn action acrainst ti,e owner and/or cccupant.
In all cases •,here t.'1e City :1anager shall incur a-,y expense for abating
any nuisance found upon any lot or premises , the e>.i-oense of such abate-
irent plus twenty-five percent ( 25%) for incidental cos s may be charqed
against the l e t or prem.1 ses upon or oo account f \1.-hich such expense was
incurred, or fra, which such nuisance was removed o r aba ed. 'A bill for
such cxoense shall be mailed to t."1e o.ner and ·or the person who shall
-18 -
•
have caused or permitted the oondition to exist , and if the sane shall
not be paid within sixty days, the City Manager shall add another twenty-
five percent ( 25\) as µ,nalty and s hall cause the sarre to be assessed
upon such lot or premises upon which the nuisance existed or £ran which
the nuisance emanat"d as provided in the case of weed rerooval.
c . All reredies set forth herein are etm1Ulative , and the exercise of one
shall not be deened to prevent the exercise of another nor to bar nor
abate any prosecution or petition for injunction hereunder.
Introduced, reAd in full, and passed on first reading en the 19th day of
Novent,er , 1990 .
Published as a Bill for an Ordinance on the 22nd day of Novaroer, 1990 .
~~itll1~
Patricia H. era,,, City Clerk
I, Patricia H. era,,, City Clerk of the City of Englewood, Co1 ·,raoo, here-
by certify that the above and foregoing is a true cq,y of a Bill for an Or-
dinance, intro<ruced, ready in full, and passed on first reading en the 19th
day of Novenber, 1990.
Q~~o»-~
Patricia H. Crow
-19 -
DATE
November 19, 1990
INITIAT ED BY
STAP'P' SOURCE
ISSUE/ ACTION PROPOSED
COUN CIL COMMUNICATION
AOENl>A IT!ll
11 (b)
SUBJECT Title 1 5, Health,
San itation and
Environmental Protection.
Ci ty Pl a nn ing and Zoni ng Commission
Richa r d s. Wanush, Director of c ommuni t y Development
Rece ive the r ecomme nda tion o f the P lanni ng Commission and set a date f or a Public
He ar ing.
PREVI OUS COUNCIL ACTION
The City Council has rece ive d t he report of the Env i r onment al/Nuisan ce Codes Re view
Task Force, which incor porated the preliminary draft of the proposed Title 15. No
of fic1.al action was taken .
STAPP ANALY SIS
At the present time, the heal t h, sanitation and environmental issues are add ressed
in three separate sectiol"s o f t he Munic i pal Code and the authorit y and responsibi 1-
t y t o enforce eac h o f t hose sect i ons 1s ass igned to hree differen t divisions of the
City staff. Thi s causes con f usion in t he enforcement of the reg u lations and creates
con f u si o n in the n terpretation o f the regul a tions, as well.
By · ncorporat 1ng the substance o ! t ne three o r drnances \.:hich address the heal h,
san1tat i.on a nd envi.r onrr.en ta l r.-atters .n one ord1nance, and y ass1gn1ng he primary
responsibilit y !o r •~n f o r c~ment t o or:e Div1si.on, i"e Plann.ng ~iv1s1cn , the en f orce -
r-en c. program •,,al be strengthe ned.
:h e specific reguldt1ons ,,.,;hu:h have oeen incorporated ir. Title 15 an d the present
enfo r cing agencles are:
Sect .er-. :6-4-: o ! the Ccq:.r el-:e:-.s!.·.-e Z:in:.ng 0:-d.""lar.ce, ,,,;t:~~!". s~.:~ .c:; .s tn:ed
"'?eg..:lat1c:-:.s '. En !or.:ed t:y t!-.e ?.a-::-:.r.g :hvisi cn.
Cl"'.apt e:-~ 3 and~ c ! :.t:e E:, t!'-e ·..,;eed, :rash, ~1tter a .... ~ :,ere-,.!
d1:-.anc~. E:1 !cr::ed c~-:.re 3..;:...C.:1 9 & s~!e ·y D.v1s.;.r.-..
3 ) Cha pte r 1, Sec tio n 4 o f T i tle 11, the T raffic Ordinan-:e .
Division.
En f o r ced by the Pol ice .
The a me ndme nts to these three sections have been i nco rpo rated 1.n the p r o posed Ti.t e
JS , a r e minima , and have been recommended f or cla r i f ication or to avoid conflict
wit h other-regu lations .
Ther e was aom e misunde r stand ing a bout the effect o f the proposed o r din ance on the
Pa rka Div i sion. The Parks Supe rintende nt, Jim Ka v i.n sky , has reviewed the proposed
o rd i na nce and finds no regulations •Jhich woul d h ave a negat i ve mpact on the ope r a -
tion of the Pa r ks Division.
BACKOROlJND
The City council appointed the Envi ro nmen tal/Nu i sance Codes Review Tas k For c e ap-
prox i ma tel y 18 mo nths ago f or the p urpose o f reviewing all of the env i r onmenta l ,
h ealth and n ui sances o rd i nanc es cont.ained in t.he Municipal Code. The Council asked
t.hat t he Tas k Force r ecv mmend changes in those ordinances t.hat wou l d r esult ln more
effective e nforcement and which would improve t.he quality of life wlt.hi n t.he C i t y.
The Task Por ee submitted i t s report to the City cou ncil on June 27, 1989, includ ing
the in i tial d raft o f the proposed Title 1S, an ordinance which addresses health,
sanitat ion and environment ~l issues. A
A revi s e d draft of Tit le lS .-,aa dis-:ussed at a joint meet ing of the Task Force and •
Ci ty council o n Au gust 8, 1989.
YIN!IHC IAL
There will b e no direct fi nancial impact. P.. clea ner , mo re attractive envi r onment in
the reside n t ial and bu si ness areas in the City will indi rectly be o f financial b e ne-
fit to t h e City b y encouraging cleaner, more stabl e neighbo r hoods and by att r a c t ing
n ew buo i r.esaos to the Cit y .
• STAFF REPORT
CASE NO. 1·90
Sl AFF REPORT RE:
PUBLIC HEARING
AMEN DMENT TO THE COMPREHENSIVE ZONING
ORDINANCE, REPEALIN G SECTION 16·4 ·1,
RESTRICTIONS .
The repe al of Section 16 -4-1 of the Comp rehen sive ZQning Or di nan ce, which sec -
tio n is entitled "Rest r ictions", and the inc or po rati~n of th e regulations in
that section into a new T'tle 15 , [ng lewo od Mun icipal Co de , 1985, r ela ting to
health , sa nitatio n and environm ent al protection.
INITIATED BY:
H,e City of Eng lewood upon the recommen dat I on of the Envi r onmenta 1 /Nui sance
Codes Task Force .
NOTE : Members of the Task Force wil l at tend the Publ le Hearing and will ad-
dres s the Commission .
PROCEDURE:
The City Planning ar.d Zoning Comission is t o consider the propo se d rep ea l of
Section 16 -4-1 of t he Comprehensive Zoning Ordinance and th~ incorporation of
th ose reg ulations into the proposed new Title 15 at a public hear1ng . The
Co1111ission will forward the ■atter to the C1t.y Council with a reco11111endation .
The Ci ty Council will t he n be respon si ble fo r the final action on the
proposal.
BACKGROUND:
The City Council and Planning Comi ssi on me11ber s hav e been in creasingly con -
cerned about the qual i ty of l i f e in Englewood, espec ia lly in the resident ial
neighborhoods. The focus of these two bod i es and some of the cit1zens who had
contacted member s of the City Council , was on the code enforcement program and
on t he adequacy of the exi st i ng en viro nmenta l codes to support the desired
level of enforcement , while pro t ecting i nd ivi dual libert ies .
T~e City Cou ncil appo inted eight citizens und a representa tive of the City
Planning & Zoning Comm ission and the Board of Adju stment & Appeal s to serve on
an ad hoc committee t o re view all of the City codes an d ordina nce s that impact
citizens and th e residential area s. The City Att orney, Director of Communit y
Developme nt and the Chief of Poli ce were also assi gn ed to work with the Com -
mittee . The initia l ch arge to the committe e was to review th e ordinances
r el at i ng to derelict , hobby, commerci al and recreat i onal vehicles . The con -
s i de ration of ord i nan ces pertaini ng to weed s , tra sh, litter and nu I san ces
fo llowe d .
The Conrnit t ee's fir st meeti ng wa s on J anu ary 31, 1989 and t hey me t t wi ce a
mo nth fr om t hat dal e th r oug h Ju ne . The propo sed Ti tle 15 co nstitutes the re-
po r t of the Commit t ee.
One of the first prob lems t hat was id en tifi ed by the committee was that th e
re gula ions relative to ve hi cl es are addressed in three d iffe r ent sec ti ons of
the Engle wood Municipal Code, and th is c auses co nf us i on to citizens and en-
forceme nt off ici als alike. Restr i cti ons on th e weight and size of comme r cia l
and recreation vehicle s on cert a in s tree ts and on-s treet parking are i n Title
-1 -
STAFF REPORT PUBLIC HEARING •
CASE NO, 1·90 AMENDMENT TO THE COMPREHENSIVE ZONING
ORDINANCE, REPEALING SECTION 16-4-1,
RESTRICTIONS,
11, entitled Traffic Ordinance . Titl e 16 -4-1 of the Comprehensive Zoning Or -
dinance al ~a contains restrictions on the size, parking and storage of conner -
cial and n •cre!t·l on vehicles as well as on hobby and dereli ct vehicles. Title
6-3 of the Englewood Municipal Code also add1·esses vehicles, spec1f1ca11y the
number and storage of hobby and derelict vehicles. Both Title 16-4 -1 and Ti-
tle 6-3 address trash and/or junk and Title 6-3 places restrictions on weeds .
The objective of the corrmittee was to assimilate the regulations pertaining to
s imilar matters, i.e ., corrmercial, recreational, hobby and derelict vehicles,
into one ordinance, along with regulations relative to weeds, trash, and lit -
ter. The proposed Title 15 , relating to Health, Sanitation, and Environmental
Protection , is th e culmination of the Corrmittee's study .
The proposed Ordinance has been reviewed by the City Attorney 's staff and the
new sections (see surrmary) and the modified sections generally incorporate the
Attorney 's wording . The substance of the sect ion, however, is as recorrmended
by the ~orrmit tee .
The members of the Task Force met with resource people from the Building &
Safety, Planning, Code Enforcl!flent, Parks, and Police Divisions to discuss the
existing codes and any problems that the staff has encountered with either
interpretation or enforceaent of those regulations. The C011111ittee also 111et
with citizens who have been unable to comply with existing regulations rela-
tive to recreational and commercial vehicles. The input from the resource
people and citizens was weighed by the Corrmittee members in the preparation of
the prioposed ordinance .
The 111e11bers of the Envlrollllll!ntal/Nuisance Codes Task Force are : R. J. Berlin,
Jan Silo, Ruth Cole, Eva Eisenberg, Ron Fish/Thad Carson (Planning C0tm1is·
sion), Kitherine Fishbach, Roxy Haines, Paul Hendricks, Carl Welker (Board of
Adjus t inent) and Jack York . Al Stanley (Police Depart111ent), Rick DeWitt (City
Atto ·ney) and Rich Wanush (Director of Corrmunlty nevelop111ent) were also ap-
pointed to work with the Corrmi ttee by the City Council .
gw
June 27 , 1989
The Honorable Susan 'ianDyke
Mayor of the City of Engl ew ood
3400 South Ela t i Street
Eng l ewood, Colorado 8011 0
Dear Ms . VanDyke :
The Code Rev iew Task Force herewith respectfully se )mits for the Council's
consideration, the initial draft of Tit le 15 , Health , Sanitation and Environ-
me ntal Protection Codes, which Title would be an aa dition to the Englewoo d
Municipal Code .
Title 15 is designed to address the issues relating to health , sanitation and
th e environment which are now covered in three sections of th e Municipal Code .
Th e Co mm ittee is of the opin i on th at incorporating all of the regulations in
one section rather than three sections, will be a convenience t o the public
and will expedHe enforcement. The matters regulated un der Tit le 15 include :
1) Trash/junk/s al vage ;
2) Weeds;
3) Di st ribu tion of hand bills ;
4) P~rkin9 and storage of vehicles; and
5) Nuisances .
These to pic s have been extr act·d from Titles 6, 11 , and 16 ; and th os e Chapters
wi ll ha ve t o be amended t o reflect the deletions concurrentl y with the action on Tit le 15 .
The Comm it tee has considered the following :1,dions of the Municipal Cod e
whic h were re ferred to the m, and are of the opini on t hat t hey addr ess issu es
outside of the ch arge assigned to the Comm ittee:
Sec tions 7-6A -7 and 8 : 7-68-3 , 4, 5, 6 , 9 and I I; 11-2-1 throug h 9: 11-3-
1 through 5; l l-3Al through 8 ; 11-38 -1 through 10 ; ll-3C-1 through 8; 11-
4-1 through 4-5; 11 -5-5; 11-5-6 ; ll-5 -7 and 11-5 -8. (See attach ed fo r
descr ip ti on).
As to th e An im al Ordinance, the Committ~e is of the opinion it sho uld no , be
amend ed. As to t he Ordin ance r es tr ic t i ng woo dbur ning on high -po llution d,y '.
the Comm it tee agreed tha t the prese nt vo l unta ry com pl i ance sh ould sta nd. T ,:c
The Honorable Susan VanDyke
June 27, I 989
Page -2-
Committee also reco mm ends that the regul ations pertaining to aba ndon ed vehi-
cles not be amended .
A further recommendation would be to have escalating fines or penalties for repeat viol at ions.
The Committee has been meeting since January 31st , and the members have gi ven
very serious consideration to the matters before it. To broaden their per-
sp ective , the members took a tour of the City and invited citizens to meet
with them to discuss first hand the problems they have experienced under th ~
present regulations. The me mbers hope to finalize their consideration of the
environmental and nuisance codes in one or two meetings, and at thilt ti ml! will
submit a final report to the City Council. We understand that some of our
recommendations may be controversial, and would welcome an opportunity to dis-
cuss them with the members of Council at the City Council's convenience.
Very truly yours,
R. J. Berlin
Chairman
Environmental/Nuisance Codes Task Force
gw
•
• ENGLEWOOD MUNICIPAL CODE
PROVISION P_ERTAINING TO
ENVIRONMENT AL/NUISANCE
SE CTION NUMBER
l -6F -7
TITLE
ESTABLISHMENT OF MOTOR VEHJCLE ROUTES
(HAZARDOlJS AGENTS)
6-1-1 through 10
6-2-1 through 10
6-3-1 through 6
6-3A-l through 5
6-3B-l through 2
6-3 C-l through 2
6-4-1 through 7
7-lA-2
7-lA-4
7-lA-8-1
7-lA-8-6
7-l A-9-1
7-J C-2
7-lC-3
7-lC-S
7-6A -7
7-6A-8
7-6B-3
AlR POUU"DON CODE (COMPLETE CHAPTER)
NOISE CONTROL (COMPLETE CHAPTER)
LITIER, WEEDS AND OF.REI.JCT VEHJCLES
(COMPU:fE CHAPTER)
LlTIER, WEEDS AND DERELICT VEHJCLES, ARTICLE
A, LlTIER (COMPLETE CHAPTER)
LITTER, WEEDS P,ND DERELICT VEHJCLES, ARTICLE
B, WEEDS (COMPLETE CHAPTER)
LITTER, WEEDS AND DERELICT VEnJCLES,
ARTICLE C, DERELICT VEHICLES (COMPLETE
CHAPTER)
NUISANCES (COMPLETE CHAPTER)
RUNNlN G AT Lo.RGE (DOGS AND CA TS)
):,,.'UMBER OF ANlMALS MA INT AlNED ON PREMISES ;
LICENSE REQUIREMENTS
REMOVAL OF EXCREMENT; DAMAGE TO
SHRUBBERY OR PLANTS
BARKJNG DOGS, HARBORING PROHIBITED
DA.\1AGE TO SHRUBBERY OR PLA.'<"TS
PRE ~SES KEPT CLE A'' (ANIMAL HOUSING)
ZOOLOGICAL :'1:R.MITS
DlSPOSmON OF Dl:AD ANIMALS
THROWU\G OBJE~ S
TERRORISTIC THREATS
UNL AWFUL ASSEM:B LIE S
SECTION NUMBER
7-6B -4
7-6B -5
7-6 B-6
7-6B ;9
7-6B-11
11-1-4
11-1-5
11-1-6
11-1-7
11-lA-1 through 8
11 -2-1 through 9
11-3-1 through 5
l 1-3A-l through 8
11 -3 B-l through 10
l l-3C-l through 8
11 -4 -1 through 4-5
11 -5 -5
11 -5-6
11-5 -7
11-5 -8
WLE
ANONYMOUS PAPERS
ADVERTISING BY SOUND
OBSTRUCTING HJGHWA YS AND PUBLIC PASSAGE
BEGGING
EXPLOSIONS
RESTRlCTIONS ON SPEClAL MOBILE EQUlPMENT,
TRAILERS, TRUCKS, AND COMMERClAL VEHICLES
MOTOR VEHJCLENOlSE
VEHICLE EMISSIONS; VlOLA TIONS
P ARl<lNG MOTOR VEHICLES iN PRIVATE P AltKING
LOTS
ARTICLE A, AUIHORITY AND REGULATIONS FOR
TOWING, IMPOUNDING, DISPOSmON OF MOTOR
VEHICLES (COMPUTE OIAPTER)
PUBLIC IMPROVEMENTS (COMPLETE CHAPTER)
STREETS Al\'D SIDEW AI.KS (COMPLETE CHAPTER)
STREETS AND SIDEWALKS, ARTICLE A,
CONSTRUCTION PERMITS Al\'D REQUIREMENTS
(COMPLETE CHAPTER) ·
STREETS Al\'D SIDEWALKS, ARTICLE B,
CONSTRUCTION SPECIFICATIONS (COMPLETE
O!APTER)
STREETS Al\'D SIDEWALKS, ARTICLE C,
EXCAVATIONS (COMPLETE CHAPTER)
PAR.KS AJ'\'D RE.CREATION (COMPLETE CHAPTER)
PROP ERTY OWNER 'S RESPONSIBll.ITY FOR PUB LIC
RJGHTOFWAY
PRESERV A no::-i AJ\'D RE.MOY AL PROCEDl,"RE S
REMOVAL UXDER SPECIAL l!v!PROVEMEXT
DISTRJCTS
PROHIBITED ACTS, CONDmONS
•Th is Com~ndium of th e Code is n01 all inclusiv e and is 0 1''1"0 Wed · reno:1 this subj ect ma tttr.
16-4-1
SEC TION :
CHAPTER 4
ALL ZONE DISTRICTS
Restrict io ns
R-1-A Single-Family Res ide nce Dis1rict
R-1-B, Single -Family Residence District
R-1-C, Sin gle -Fam ily Res lde,,ce Distric t
R-2 Medium-Density Res idence Dis tr ict
R-2-C Med ium-Density Res idence District
16 -4-1
16-4-1:
16-4-2:
16-4-3 :
16-4-4:
16 -4-5:
16-4-6 :
16-4-7 :
16-4-8:
16-4-9 :
16-4-10:
16-4-11:
R-2-C iS.P.S. Medium-Density/Specie! Permit System Residence District
R-3 , High-Density Res idence District
R-4 Res idential/Professional District
B-1 Bus in ess Dis trict
Des ign Guide li nes for the Rehabilitation of Ex isting Bu ildings in the South
Broadway Incent iv e Area
16-4-1 2 : B-2 Bus iness District
16-4-1 3 : 1-1 Light Industrial Dis trict
16-4-14: 1-2 General Industrial District
16-4-15: Planned Development !P .O.) District
16 -4-16: Flood Plai n Dist rict
16-4-17 : Fences and Reta ining Wells
16 -4-1 ,3: Land sca pe Ord inance
16-4-1 :l : Sign Cod a
16-4-HI-1: Ge noral Statement
16-4-19-2: Scope an d Applicat ion of th is Section
16 -4-19-3: Permits
16-4-19-4: Permit for Group Signs
16 -4 -19-5: Signs Not Sub ject to Pe rmits
16-4-1 9-6: Signs Sub ject to Temp or ary Permit
16-4-19-7 : Signs Subjec t to Yea rly Reg istration
16-4-1 9-8 : Signs Prohi bited in All Zo ne Districts
16 -4-19-9 : Signs Permina d in Res idential Zone Districts
16-4-19-10: Signs Permined in Commercial and Industrial Zone Districts
16-4-19-11 : Sign Are a Measu rement
16 -4 -19-12 : Maintenance
16-4-19-13: Nonconforming Signs
6-4-19-14: Proh ibit ed , Hazar dous and Abandoned Signs: Enfor cement Procedures
6 -4 -20: Condomin ium Con versio n
16 -4-21 : Sate lli te O,sh Anten na s
16-4-1 RESTR !CTIO\' :
A o building . structure , or land shall be us ed ; anrl no build ing nr structure shall
16 -4 -1 16 -4 -1
Al be erected, constructed , reconstructed , structurally altered, repa ired, conve ned ,
en large d or ma in1a ine d exce pt as pro vi ded herein .
B. The f ollowing restrict ion s shall apply in all zones of the City unless otherwis e
spec ifie d .
1. No junk shall be store d ou t -of-do ors . Th is shall no t ap ply to lic ense d jun k
yards .
2 . Trash shall be stor ed in closed conta iners se t back at le sst five fee t 15'1 from
the side property lines and concealed with an opaque screen . Trash end garbage
shall not be stored in the required front yard for more than twenty -four 1241
hours .
3 . In residential districts , any outside storage of household commodities ,
vehicles , equipment , construction materials or supplies , or firewood will be
limited to a max imum of twenty pe rc ent 120% I of the usable open space of
the rear yard . This outside storage is limited to the rear yards only .
4 . Salvage or storage oper~tions or facilities shall not be perm lned in any
residentially zoned area .
C. Storage of vehicles .
"'
1. Storage Proh ibited . Thi following vehicles shall not be sto red or parked on
public streets or rights-of -Nay except while making normal deliveries:
e. A vehicle w ith an empty vehicle weight as defined In the Englewood
Municipal Code 1985, Sect ion 11 -1 -4, in excess of six thousand 16 ,000)
pounds 160 c .w .t .).
b . A road tractor, t ruck t ractor or sem i-tr aile r.
c . A truck constructed or adapted for the purpose of transpo11ing or
del iv er in g bu lk ga soline, petroleum pro duct s, or hazardous subs t ances or
ma teri als.
d . A tow truck or automob il e wrecker.
e. A churr.,. JS , scho ol bus , or any other type of passt l"'ger bus .
f . A trailer not hooked up or otherw ise anached to a motor vehic le in
a manner to be to wed e)(ceot as provideu he rein .
g . A sn owplow des igned to be truck m ounted which is no t hooked up
or otherwise anached to a m otor veh icl e in a manner to be used for its intended
ourpose .
h. A truck or other vehicle loaded with trash , Junk . weeds , tree branche s
or li mbs.
18-4 -1 16-4 -1
CJ 2. The follow ing descri bed veh icles sha ll not be parked on pr ivate properiy in
res ident ial areas :
, ..
a. A ve hicle w ith an empty weight as defined in the Eng lewood Mun icip al
Coda 1985, Se ct ion 11 -1 -4 , in e>cess of six thou sand 16 ,0001 pou nds 160
c.w .t .J.
b. A road tra ctor, truck tractor or se mi-trail er.
c. A truck constructed or adapted for the purpose of transp oriing or
dellv•rv of bulk gas oline, petr ole um pr oducts, or hazardous subst ances or
materials .
d. A tow truck or automobile w recker .
a. A chu rch bus or school bus not used for school or churct,i,urpo ses .
3. Storage Prohibited . No vehicl e des igne d an d used fo r rec re at ion purpos es,
includ ing , but not li mited to , one or more moto r homes , boats , campers , trail ers,
t ra ilers used for carrying boats , hobby or racing ca rs, mo torcycles and other
equipment or motor vehicl es, snalrtie stored in t he publ ic right •of -w ey .
4 . Storage and ~ark ing Restr ictions. No motor vehicle, sha:1 be pa rked or sto red :
e. W ithin ten feel 11 O' I of :he pro periy lin e adjacent to any stree t in a
res ioential zone district .
b. C'~structing the •ldewal k or public right-of-way.
c. In front of t he front setback of the principal struc t ure unless loc at ed
on a co nc rete , br ic k pave r or an asph alt surfa ce.
5. In Res idential zone district s, t he following rest rictions sh all ap ply :
a. A boat , t rail er, sma ll t ra il er , or par ke d or sto red de tached camper shall
be parked or st ored only in a garage or other enc losed structure or in the area
ident ified as the rear yard of the property in any re siden t ial zone district .
b. De t ache d campe rs sha ll be stored on blocks or suppor1s no t more
than six inches (6 ") in he ight. or on rt s load ing jacks or app aratu s at the ir lowest
limit s. All loading equ ipme nt sha ll be in goo d repai r .
c. No boat , detacher' "mper . tr ailer, sma ll trail er or ve hicl e othe r than
a motor vehicle shall be · ?d or par ked un less it is sec urely blocked or
restrained from moving , ···;li ng or fa lli ng .
6 . Except as provided herein , no mo tor veh icl e or vehicle shall be occupied or
us ed for livin g or housekeeping or sleeping purposes or for the hous in g and
keep in g of animals .
16-4-1 16-4-1
Cl 7. Upon the epptlcetion of e r11ident of 1he City, a specie! perm~ mey be issued
b~ the Department of Community Development for I nonres ldant, journeying
in a recr eat ional ve hicle used for housekeeping purposes and who is visiti ng
at t he res idence of the app licant , to occupy the travel vehicle et the applicant 's
res idence for not more than seven (7) days . The spacial perm~ shall spec ify
the location of the epplicent 's property or ad jacent ri ght-of-w ay in which the
tra ve l vehi cle will be parked while occupied .
Th is shell not be deemed to permit the pe rkin g or storage of e deta che d camper,
trail er or small trailer In any public street or right-of-way. A special perm it shall
not be Issued to park the travel vehicle in the public right-of-wey of eny street
designated as an enerial or collec tor street.
8 . Tr aile rs or small t railers not hooked up or otherwise attached to motor vehicles
in a manner to be to wed shall not stand , be par ke d, or stored on public property
or right-of-way. (Comprehensive Zoning Ord . 1985; amd. Ord . 30 Serie s 19871
fsee foll owing page for Section 16 -4 -2)
TITLE 6
HEALTH AND SANITATION
Subject Ch apter
A ir Pollution Cod e ............................................. 1
Noise Control.. .................................................. 2
Liner, Weed• and Derel ict Vehiclu ....................... 3
Lintr ............................................................. 3A
Weeds ........................................................... 38
Derel ict Vehicl,~ ..................................... , ........ 3C
Nu isances ................ , ......... , ................. , ........... 4
6-3-1
SECTION :
6-3-1 :
6 -3 -2:
6-3-3:
6 -3-4:
6-3-5:
6-3-6:
CH APTER 3
LITTER , WEEDS AND DERELICT VEHICLES
Dec laration of Purpose
Definitions
Notice of Violation
Assessment of Costs
Appeals
Other Reme d ies
6 -3-2
·--~---DECLAR.\TI0:-1 OF Pl'RPOSE: !tis the purpose of thi~ Cha pter to
set fonh laws which are require d for the clean living , beauty , health and
w ei!be,ng of the citizens and the City by prohibiting accumul•tions of liner, w eeds or
unsightly vehi cles w ithin the City, The persons to whom thi1 Chapter apply shall be
resp onsible for maintaining their prem ise.s free of t he prohibit\:::ns from the cente1 of
the alley abutting their propeny to the traveled ponion of the adjoining streets , {Ord.
7 5 Se ries 19611
6-3-2: O[Fl~ITIO~S: As used in this Chapter, unl•!ss the context otherwise
req uir es :
BUSIN ESS PROPERTY Real prcpeny su ch as a st ore which is use d pr incipally
for the sale or lease of me rchandise , goods . services or
in tere st s in land and which is generall y re i:ognized as a
retail or whole sa le busines s .
COMMERCIA L HA D9 1LL Any printe d or rep1o duced pamphle t , leafl et or simil ar
doc ument o r sample which advertises for sale Dny
mer chandise . produ ct . c ommodity or thin g or wh1c'i
directs attent ion 10 or adv en ises an,• meeting . theatrica l
performance, exh1b1t ,cn or event of any kind , fo r w hich
an adm ission fee 1s ch arge d for the pur po se of pr ivate
ga in or pro fit ; or which proposes an y ot her commercial
tr ansact ,on !Ord . 3 5 Ser ies 19 61 I
DER EL ICT V EH ICLE Any vehic le wh,ch ,s w1eck ed , d am aged , 01 substant iall y
dismantled 10 t he extent t hat suc h veh icle is ,n operab le
I
6-3-2
Dorelict Veh ic ie !cont .I
GARBAGE
HOBBY TYP E VEHICLE
IJTTEA
NONCOMMERCIAL
HANDBILL
OWNER
PRIVATE PREMISES
PUBLIC PLACE
REF USE
"'
6-3-2
or is incapable of be ing mo ve d under its own power. It
•hall include all vehicles mis sing one or more wheels . It
shall not include those vehicles whose only deficiency
is lack of a current license plate or em issions st icke r and
those vehicles in the process of be ing modified or that
have been modified as hobby type veh icles . !Ord . 38
Ser ies 19851
Putrescible animal and vegetable wastes resulting from
the handl ing, preparation , cooking and consumption of
food . (Ord. 75, Series 19811
Any vehicle of the following type in the process of be in g
built, restored or maintained as a diversion from one 's
regular occupation for the purpose of relaxation : !a ircraft ,
boats , classic cars, experimental cars, off-road vehicles ,
race cars or derelict vehicles). !Ord . 31 Series 1987)
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 .
Any printed or reproduced pamphlet , leaflet or similar
device or sample, or any other printed or otherwise
reproduced original or copies of sny mane, of similar type
literature not included in the afores •1d definition of
commercial handbill; or any of the for egoing which sets
forth a political or ideological message .
Includes the record owner , whether person , firm or
corporation , any agt'nt or representativ e of the record
owner.
A ny dw elli ng, house , bu ilding or other structure, designed
or used, e ither w holly or in pan, for priv ate resi dential
purposes, whether inhabited or temporsrily or
continuously un inhabited or vacant, and shall include any
y ard, grou nds , w alk , driveway , porch , steps, vestibule
o r ma il bo x belonging or appurtenant to such dw elling,
house, bu il ding or other structure , and privat e land on
which no buil din g ex ists . Private pr em ises inc lude s
busine ss pr o perl y .
A ny and all streets , sid ew alks, boul evar ds , all ey:s or other
public ways and an y and all publ ic r:-a rks , squares ,
grounds and build ings owned or ma inta ined by the C ity
f..:,r the benefit of the general public .
A ll putresc ible or nonputrescible w2ste including garbage ,
rubbish , ashes , stre et cle an ing , dead anim als, o ffa l,
d ropping s , abando ned appl ianc es and vehicle pans .
6 -3-2
RUBBISH
Tf\ASH CONTAINER
WEED
6 -3 -3
Nonpvtres cible waste cons isting of both combustible end
noncombustib le w astes , such as paper , wrap pin gs .
le aves , branches . wood, weste bu il ding mater ials, glas s,
be dd ing , cro ckery , household furn ishi ngs and sim il ar
mater ials .
A closable con ta in er of metal , wood or plas t ic .
Weeds , gra ss , brush or other ra nk or noxious vegete·
tion which is In excess of six inches 16") in heigh t and
shall specifically include : Bindweed iCon v olvulusl , Leafy
Spruce IEuphorbia Esule), Canada Thistle ICircium
Arvense), Russian Knepweed iCanteurea Piari s), Peren-
nial Sowthis t l e ISonchus Arvense ), Puncture Vine
fTr ibuius Terrestris), Silver Leaf Poverty Weed iFransar ia
Discolor), Mousseear Poverty Weed fThlaspl) Arvensel.
Mustards iBrassiea), Purple-Fl owered Ground cherry
I0 •1incul1 Lobate), Ru ss ian Thistle iSalsola Pestifer),
F::·w~d fKoehie Scoperia ), Redroot Pigweed IAmaran-
thus Retroflexus), Sandbur iCenchrus Tr ibuloides). Hairy
Stickweed fLappula Occidentalis), Buffalo burs iSolanum
Restvatuml , Common Ragweed !Ambrosia Elat iov),
Cocklebur (X anthium Commur ie ), Common Sunflo wer
(Hellanthus Centi cularis). Dandelion ILeonthodore
Tavazacuml . or other pl ant or offending vegetation which
is regarded as a common nuisance. Th is list is not in-
tended to be exclusive , but rather is intended 10 be in-
dicative of those types of pl ants which are considere d
noxious and a detriment to the public health and safety
but sha ll not include flower gardens , plots or shrubbery,
vegetable gardens and small grain plots !wheat , barley,
oats end rye ). (Ord . 75 Ser ies 198 11
6-3-3: :-iOTICE OF \"IOLATIOS:
A. Notice Posted . Whene ver it is fou nd that weeds , accumulat ions of li ner or
ve hicles exist within the City in violation of this Chapter, t he City Manag er or
his designee shell ha ve posted upon the rea lty or vehicle an app ropri ate notic e
in subSlentielly the following form :
(See foll ow in g page for not ice)
•
6 -3-3
Al 10 THE OWNERS ANO oq OCCUPANTS
()F THIS PROPERTY
N() ICE
6 -3-4
rn ere exists upon tt:,s /Jf()Dt:rt~ 11 ,-,,P<.''-' ,and'" h:1t!rl 1ancf 11·
derehcr ;-md.01 hn!:Jhv v Ph1c1e:;1 ,vt11 c11 11,,vp nnt h (:en 11Rmt,vtu/1
td1.r:;l)O.'ied ofJ or 1a11 enderl ,nl III drrv,rl,mre ,wth T,;Je 6. Ct,;,,p1 e,
3 o f :he Eng le1vot1d ,\ 11,ric,,-,?I C, •i"!e
Nuuce ,.r:; fu,;ti er g,v,-11 t ha1 111 ;,t • .. , :he si111 1r: ;oe lf('1t1tJ1 ~t/1 1and
disposed o r, ror IJ/ie rideri 10 1 \;,1th m t,ve 1f;I rltu·s !;on, •rla:e 11 I
pas1 ,ng uf nouceJ, 1hr Cu\. o f Enplt!wood n .av c.a1 ,.'-e Ihe ,;une :1 ·
he •remm•edl tand cfo,pos ed ull 111r ;m~nded t('I} ,,, rnmpl:anlP
WHh .'-Btrf chapte r, tn wh,r.h P1•t"111: the II\\.T1i',S a n(! :.JCC':1 1(\i!IJ:S of
thi.r:; re11hv or vehicle \nvner m,,v :ie l:11h le fo r 11/1 cr-s:.<, e,·pen.,rs
and penafues as ser forth 111 fi:tr. ti, Ch!lpter 3. Ill th~ M11n1c!r.a1
Code o f th e City of Englewoflf.1, 111cl,u fmg the as _,;,e.~sr.1em of rt
propenv lt t!n for 1h e r.ns1s i,..cur:erl
B. Fa ilur e to Comply with Notices . If any o wner or occupant r,f rM I p rc~env or
vehicle owner fails to comply with notice given pursuant ~o t td~ ~~;.1 p 11er within
the time specified , the Ci,v Manager or hi s designe~s are ;r ihv, "ad ,1, cause
and the action requ ired by ordi nance t o which such notice had refe:ence. All
cost s incurred by the City plus an administrative cost of twonty five percent
125%1 of the direct costs sha ll be char g ed aga inst the real proper ty and its
owners or the vehicle o w ners .
C . Notice of Costs . If t he City incu rs cost s taki ng acti on requ ired by th is Chapter ,
a statement shall b e prepared for the enti re cost pl us twenty f ive percent 125%1
administrative costs , and be ma il ed by certified mail , re turn re ce ipt requ este d,
to the vehicle owner or property owner or o ccu pa nt w ith ins tructions that sa id
sta tement w il l be paid in full plus costs within thirty 1301 d a\'S o f sai d m aili ng
dat e. The notice shall also inform the oroperty owner that the fa ilur e to pa y the
sta te ment for costs for li tter o r w eed removal within six ty l 60 ) da\•S shall re sult
in an asses sme nt be ing made aga in st the pr op erty which shall constit ute a lien
pursuan t t o this Chapter. !Ord . 75 Se ri es 19811
6 -3 -4:
A . If the full am ount of the sta tement re la11n g to we ed or l11ter removal from reahy
is not oaid within si)..ty 1601 days the City Ma nager sh all di rec t the D 1rec1or of
Fi:iante to assess 1he entire amount o f the stat ement plus an add1t1onal f1heen
per cent i1 5°b I pena lty aga ins t the spec if ied real ty After as sessm ent by t he
Dir ector o f Fi nance, a copy sha ll be sent t o each owner o f record of the
assessed realty . The assessm ent shall con\a 1n -3 legal desc ription o f the
premises . the expenses and costs incurred and the date for htter o r .. veed
remo val, and a notic e t hat the City claims a li en for this amount The Director
of Finance sh all cenify such as sessm ent to the County Treas u1e r who shall
collect such assessment in the same manner as ad valor em ta>c es are collected .
6-3-4 6-3 -6
B. From the date of the ass ess in g statement, all a59e ssmant1 shall constitute a
pe rpetual lien again st th e spec ified r•,alty and shall have prior ity over all liens
e•cept ing general ta• liens and pri : special assessments . No de lays , mistakes,
errors or irr egularit ies in any act or pr oceedi ng au1horized herein shall prejud ice
or inval idate any fina l assessment: but the pme may be remed ied by the
Director of Finance , as the case may requir e, apon applicat io n made by the
propeny owner or other interestAd person. When so remedied , th e same shall
ta ke effect as of the da te of the orig inal assassrnant by the Director o f Finance .
!Ord. 75 Series 19811
6-3-5: APPEALS: Any vehicle owner or property owner or occupa nt may
ap peal, in writing, to the City Manager within five 151 days of his re ceipt
of notice, statement of co sts or assessment . The epp!al shall contain the appellan t's
name and address, the dec isio n being appealed , and a brief explanatio n why the
appellant should not be required to comply with the document appealed . The City
Manager or !,i s designee may meet informally w ith the eppellant to ••cha nge
necessary Information and shall issue a decision in writing to the appellant at !;is
address stated in the appeal. (Ord . 75 Series 19811
·,· ': :.' :· . · ..... ,
,, •. ~-3 ..:._s: . OTHER REMEl>IES :.Any unpaid charge plus all costs and pena ltie~
shell conatltute e debt due the City. The City Attorney shall, 0 1 :-,,
direct ion of the City Menagar , institute civil suit in the name of the City to recover ·•• :h
charges , costs and per.elties. This remedy shall be cumuleti,,., with ell other rem~~-os,
including prosecution in Municipal Court for each violation of this Chapter pursuant to
the provisions and penalties established by Title 1, Chapter 4 of this Code . !Ord . 75
Series 19811
I
6 -3A-1
SECTION :
6-3A-1 :
6-3A-2:
6-3A-3:
6-3A-4:
6-3A -5:
6-3A-1:
6-3A-2:
CHAPTER 3
LITTER , WEEDS AND DEREL ICT VEHICLES
ARTICLE A UTTER
General Proh ibition
Litter on Property
Liner From Vehicles
Distribution of Handb ills
Pleceme nt and Removal of Litter
6 -3A-2
CESERAL PROHIBITI0:-1 : No person shall throw, place or depos it
liner in or upon any publ ic place within the City ucept in trash
containers . !Ord . 75 Series 19811
LITTER 0~ PROPERTY:
A. Pub lic Property.
1. No pe rson shall throw or de ;,osit any litter on an y public street , in any public
park , or i n any publi c bu il ding w !thi n the City exc ept in trash co:-,ta iners.
2 . No person shall throw or deposit an y liner in any fountain , 1 ko. uu,•, st ream
or other body of wate r with in the City.
3. No person shall attix any poster , notice or like device to attra ct public
att en tion, to any lamp ~ost . pu bl ic lJtil it y post . traff ic control de vic e, tree.
public structu re or bu ilding except is m ay be au thor ized by law .
B. Private Property .
1. The owner o r occupant of pr ivate p ro per1y sha ll cause the rem oval of all
accumula ted anicles of line r and place said litter in a trash con1a1ner . Line r
shall be taken t o an authorized site for disposal.
2. The owner or occupant of priva te p rem is es w it hin the City shall mainrn in
said premise s free of l1tter an d provide trash conta iner s therefor .
6 -3A-2 6 -3A -4
Bl 3. No person shall throw or deposit litter on nnv occ upied or va c an t priva te
~roperty wi1hin 1he City .
C. Bus i ness Pr openy .
l . The owner or lesse e of busin ess property is authorized and re quired to
provide 1rash con1ainers at conv enient pla ces f or the depo sit o f lin er by
business patrons. The owner or occupant of business property may ,. ::uire
that all litte r deposited i n h is premises , si de walk or commo n area be placeo in
trash containers he has provided .
2 . T he o wne r or lessee of business property is requ ired tc ~eei:, tr1,;e f rt .~, 1:, M
the sidewalk adja cent to his business or his propo rtional sha re a , cu ·· non
walkway or mall. No person owning or occupying busiress p ropr11ty _.:;all
sweep in to or deposit in any guner, street or public place the accumulation of
lin er from his bu il ding, sidewa lk or dr iveway.
3. The owner or lesse e of busin ess propeny may prohibit the so licitation of
fu nds , selling of anicles and distri bu tion of lit erature by any pe rson upon his
bu siness premises or in the com mon area . IO rd . 75 Se ries 19811
6-3A-3: LITTER FROM \ EHICLES :
A . No driver or passenger in an automobile, motorcycle, bicycle , ai rcraft or other
veh icle , shall throw, place or de posit litter upon the public streets , other public
place or pr ivate property.
B. No pe rson shall drive any truck or like veh icle in the City unles s i ts conte nts are
covered or loaded to pre vent 1hem from be ing scatte red or if the w hee ls or tires
carry any mud, dirt, !ticky su bst ance or like ma tter into a publ ic street , alley or
othe r public place . !Ord . 75 Ser ies 19811
6-3A-4: DISTRIB UTJO:,.. OF HA:,..DBILL S:
A . No pers on shall diS\r ibute or sell any commerc ial or non co mm erc ial handbill.
advertisement or sim il ar lit erat ur e in or upon a street , si de walk , parkin g lot or
other pu blic place wit hi n t he City; prov ided . however , a person may distribute
free to t he receiver a noncommercial handbill to a person w il li ng 10 acc ept it .
B. No person sh all dist ri bute any han db ill or similar lileratu re upon inhabned
private prem is es e•ce pt by plac i ng sa id items in a mann er as t o pre ve nt t hem
fr om be ing blown or d rifted about t he prem ises . Mail b0 1te s ma v n ot be used
w nen p roh ibited by Fe d era l regul ations . No perso n shall d istr ibute any han dbill
or sim il ar lit er aturt! to t empor ar il y or cont inuously vacant prem ises
C . No person sha ll distr ibute any handbill upo n pr ivate prem ir.~s if req uested not
to do so by any pers on there or by a sign bear ing th e wo, 1\1:-, Trespa ssin g ",
··No Ad venlsements ", "No A gen ts " or simil ar language .
•
• 6 -3A-4 6 -3A-S
The provisions of th is Sectio ,, shall not apply to the p1<,~or dlSlribution of mall by the
Uni,rd Statea or to delivery o ; ne,J!papers which are lag ul nu bl icationa , prov ided that
newspapers shall be pieced on p,openy to prevent the ir be ing carried away by the
el ements . IOrd. 75 Series 19811
6 -3A-5: PLACE~IE:-(T A:\O REMO \'~ L OF I ITTER :
A . Pl&-:ement in Trash Con tain ers.
l . Pers ons shall place li tter in trash con ta iners to p•event it from be ing carried
or r,cattered by the elemen ts upon pub lic or pr ivato propeny .
2. ~ersons shall place tra sh containers on any pu blic street , alley , sidewalk or
oth iJ r tl'v,roug:,fare only on regularl y schedul ed pk k•up or coll ecti on days and
or,y in a manner not to obstruct vehicular or pe de t,rian traffic .
3. No person shell throw or deposit his litter w i th in the trash container of any
other person without that per son 's exp ress or impli ed consen t .
B . Removal to Authorized Sites . All litter collected by any person shall be taken to
a site authorized for litter disposa l or be placed on regular trash collection days
for collection by trash haulers licensed by the City . No person shall engage in
the business of rem oving or hauling litter In the CitV without first obtaining a
license . A nont ransferable license shall be issued upon the annual payment of
five dollars 1$5 .00) per vehicle . IOrd . 75 Series 19811
6 -3B -1
SE CTI ON :
6-3B-1 :
6-3B-2:
CHAPTER 3
LITTER, WEEDS AN D DERELICT VEH IC LES
ARTICLE B WEEDS
CuninQ and Removal Required
Notice to Remove Weeds
6 -3B-2
6-aB-1 : Cl.:TTl~G A "D R[MO\'AI. REQl'IR[O: Eve ry owner or occupant
of r!alty shall cause to be cut all weeds exceeding six inches 16"1 in
height growing the re. The weeds shall be removed to some site authorized for the
disposal of litter . tord , 75 Serles 1981)
6-3B-2: ;\OTICE TO RD10\"E \\ [EDS : When t he City Manager determines
it to be necessary , the Director of Finance sha ll cause to be publi shed in
a ne w spaper of general circulat ion i n the City a notice which shall be substant ially in
the following form :
TO 4 LL O •\,NfRS M\10 OCC UP~I\ ;5 OF L,W:J
:'I/THIN ;h'E CITY 0• EN GL El \'COC,
No:,ce ,s ne,eb y gwen t.'"lar al: ,-.e~.:s 1•.·1:hm ·-e c,,., c,f E..,9,e.••':',:d n·.,s:
be c;;r d c~vn. o·esrro••eC rMd 1emr.11Pd on ur !Jefc •.·e :"e ,f:i ·e1 .\, , ;~
ms e--,~c !,~• i e [J:recro, of Fina •ite fJ().' le.'-~ rr.an t,.e 5: ::a,.t-nf·t:· ·,.,,
ca:e uf ;:wbhcaflom of th,.c vea,
~a,lwe -~ :on·_:;ly ,·.-,th . .,,s ,,_,:,c t .~, u, ht::l\.•·e -'"e ca 1e, p ·--f·, --. .;·'
rraJ.e 11:e ~a.-r,es ·es:J0f'51ble :,e•.t :im;,'•\ .:,r :i '~1, ., -2 .-'\\: ,, r.
:.:~s:rr. '?; ar,C ·e-nc ..,1119 ·rc c:,:,·~·e'. c,,.r ·.· ..... ,.\ ' . .:i • -:·rt · ·
,.,:,l1e ,.,·a1 c.:...r, nn:i .'d _•f-~ri ;,f;•c:·i: ·5 :•·a '\ ~ .... ·•:·!"-·t.•· .· •
c1s:s. r.t··alr,es af";;; ·,e:·es: na , ."e ·=--i:~•-t:·~J ..., . =-·~. ·, •
a!-;a,rs• .~vcn :;ar:1es 1r n·av :;~ 2.,,e:f and c _ .. , ec·eu ,,g,;,•• ,1 .r::..,1 1.' ,,,. :
•f e .nn•e n:anrt:r ~5 (,;ie.• ·a •A" n't:' le\ Pd a..,J [°i.,"c-t ·e:J
'-".:,--:,es ·a 11,'J a 10 r-:•m,?lr 1...,,,-, ,., , -,()r,ce 1; a. ; p ~11r. :::t .• ., ,, '··:-
1"p•,sr.,ri en: no, e ... ceec!r;i · ,r,e •. ,gJ, crh r;, : ro;, :11 .,-..CJ, 1,, ,...
m;.,.· _r;,ori,.-.enr as ,r, .. 1Q.CC·d .?\ r,· · Ct-:.a;,:r:r .J 0 1 ·n .r;, •• 111•1,r •: ,I L 11
(t,,s. ., .. ·.ce I;' g11c-n ,,, ccn•o1,,-,,,i:_e 1, ,,n s~•c11r,1• :; .:.a ~ ..
fng,e,\ J.'O Mur-!,[1/1ifl Cr-ide l Ord 75 Series 1981 1
•
6-3C -1
SECTION :
6-3C -1:
6-3C-2:
6-3C-1 :
CHAPTER 3
LI TTER , W EE DS AND DERELICT VEHIC LES
ARTICLE C DERELICT VEHICLES
Vehicles 1n Reside ntial Zones
Vehicles i n Bu siness Zones
YUflCLES IS RESIDE.'\TI-U. ZOSES :
6-3C-2
A . There shall be no more than one hobby or derel ict vehicle ma intained or sto re d
on the property of any residence in a residentially zoned disuict . which vehicle
shall be sto red in a full y enclose d garage or similar structure . A perso n may
store the vehicle i n a carpon or open area if the veh icle and its parts are ke pt
covered with a t ie-down canvas or other opaque covering . Storage or covering
is not requir ed when the vehicle is actually be ing worked on .
B. No person shall store or w ork on any hobb y or de rel ict vehicle w ~hin the requ ir ed
front yard setback or in or on any pu bl ic property or rights -of -way.
C. An y pe rson or party. with oro perty wh ich has no adeq uate acces s 10 the rear
yard .. who h as no garage, who is see ki ng a va riance or other hear ing before
the · Jlewood Boar d of Adj us tment and A ppe c,!15, in any man er relating t o t his
Sec{ i.::1 shall not be requ ired to pay any 1ee to the Sit v for said proce dure. !Ord .
31 Series 198 7)
6-3C-2: VEHICLES l'\ Bt.:SISESS ZO\ES:
A . No person sha ll k eep a hobby or de relic t vehic le 1n a bus iness zoned district
unless such vehic le is sto red 1n a f ully enclo sed s·.ructure or beh in d t he pri ncipal
structu re in an area scr ee ned fr om vi ew of ad1ac ent p1 oo en 1Ps and public rights·
of .wa y .
B. No person who res,des in a bus in ess or 1ndus t r1 al zone district sh all keep more
tha n one hobby or derehct vehicle on the property . !Or d . 31 Se ri es 198 71
"'
6 -4-1
SECTION :
6-4-1 :
6-4-2:
6-4-3:
6-4-4:
6-4-5:
6-4-6:
6-4-7:
6-4-1 :
CHAF'TER 4
NUISANCES
Nuisances Defined , Proh ibited
Abandone d Iceboxes
Animals or Fowls
Cesspools and Privi es
Water Related Nu isances
Rats
Abatement of Nu isance
:-.1J1SA."CES DDl.._ED, PROHIBITED:
6 -4-3
A . For the purpose of this Code a nuisance is hereby defined as any act or condition
which endangers the pubric health or results in annoy once or discomfort to the
public or damage to any property or injury to any pe rson.
B. Prohib ited Acts .
1. It shall be unlawful for anv pe rson to commit or do any act con st ituting a
nuisance .
2. It shall be unlawful for any pe r son to create , continue or suffer t he existence
of any nuisance on an y property under his control. 11969 Code § 6-4-1 I
6-4-2: A.B.-..'\DO:-ED ICEBO XES: It is here by de c'are d to be a nu isance and
sha ll be unlawf ul for any person to stor e, m3intain , abandon or plac~
any unused icebox or other compan ment capable of be ing t ightly closed in any place
or location wh atsoe ver which is accessible to children or the general publi c w ithout
f ir st remo vi ng th e doors of such icebox or compartment . J 1962 Code § 20. 1-31
6 -4-3: _.._._N.,LS OR FOWLS:' It is hereb y declared to be u,olawfu l for any
person to keep N perm it upon an y pre mise s ir, the Cit'( any ani mals or
fowl of any kin d wht.:h , by rea!i on of od or . uncle anli ness , di sease , sound or cry . sha ll
d ist urb the peace and comfort of an y n eigh borho od or interi:!re w ith an y person in
the reasonab le and comfortab le en jo ym e nt of life o r propen v, or in any other mann er
pre sent a menace to the cubli c hea lt h or saf ety . 11 962 Code § 20.1. l I
, See also Sec1ton s 7-1 A -8 ·6 ar\Cl 7-l C -6 ol 1h1J Cod e
, ..
6 -4-4
6 -4 -4 : C[SSPOOLS A'.\'D PRJ\"IES :' It Is here by declared to baa nuisance
and it shall be unlawful for any per10r to eo 1istruct , keep , use or
ma inui n any sewa;e v ault , closet , priv y . cesspool or septic t 1Jnk at any place w ithin
th e Cit y , u :ce pt as he re inaher provided:
A . If no sanita1y sewer line is in a bnrdering str ee t , alle 11 or easement immed iatel y
opposite to some point on the premises , privies may be used or ma intaine d
only if they are equ ipped with an approved , chr,m ically controlled fa cili ty .
B. If no srnitary sewer lin e is in e bordering street , alley or easement Im m ed iately
opposit e to !ome point on the premises , cesspools may be installed or permined
u, cont inue in operation: but the u se of such cesspools shall be discontinued
and the premises shall be connected with the sewe r system within six 161
months after a sanitary sewer becomes inM alled ar,d available at the aforesa id
location .
C . If no san~arv sewer line is in a liorderin;i street , alley or eesement Immedi ately
opposite to some point on the premises, sept ic tanks may be installed or
permitted to continue in operation ; provided that tt a saMary sewer line becomes
installed and available et the aforenid location, such saptic ten~s sha ll not be
permitted to continue in operatior. lor more than f ive 151 yea,s after the date
of original installation of the septic tank or six 161 months after the sewer line
is installed , whichever period i t longer . 11962 Code§ 13 .161
6-4-S: WATER RELATED '.\'UIS.-\'.\'CES:'
A . Drains and D itches . It is her eby declared to be a nu isance and it sha ll be unlawful
for any person to cr eate. permn or ma intain upon any premises in the City any
unclean , leak ing, foul , unsafe or danger ous, defective or filthy drain , d itch, tank
or gutter . 11962 Code§ 20 .t .5)
B. Po nd s or Poo ls. It is hereby decl ared t o be a nui sance and it shall be unlawfu l
fo r any per so n to cre ate , pe rmit or ma intain upon an y pr em ises in the City an y
pond or pool of unwholes o e, impure and offens ive w at er. 119 62 Code
§ 20.1.61
6-4-6: R~TS : It i s her eby declared to be a nuisance and it sha ll he unlawful
fer any person to keep or m aint ain any premise s which are infested with
rats . or keep any uncove red garba ge o r waste material s of any kind which will anract ,
susta in or :au se an ,n festat ion of rats . 11962 Code§ 20.1.41
6-4-7:
A Th e C ity Manage r is hereby a uthorized to ab ate or enjo in any nuisance existing
1n t he C . w h ether or n ot such nu isance 1s specifica ll y 1ecognized by ordinance
11969 Cod e l 6 -4 -2!
1 S" a1s0 Sti;1 ,ol"l s 9 -3:, -6 a n o 12 -2 -2J of 1h s Cod e
2 See a so Src1,on 1 '2 -• -S of tl"I 5 Coae
6 -4 -7 6 -4 -7
B. Whenever any nuisance shall be found , the Chy Manager shall order the owner
or occ upant of the property upon wh ich the nui san ce sh3II exi st , or such person
who sha ll ha ve caused or per mitt ed such nu isance , at his own e xpens e to
remov e or correct th e sam e within t w enty fo ur 124) hours . If the owner or
occu par· or person who shall hav e cau sed or perm ined such nu isan ce sh all
not co, ,ply w ith the ord er o f t he Ci t y M anager , t he Cit y Manager may cause
the nui 11nce to be removed or corrected and all ex pense incu rred there by s',all
be pa id by the sa id o wner or occup ant or by such other per son w ho sh all have
caus ed or per mined the same , and may be recover ed by the City in an action
aga inst the person or oc cupant .
In all cases where the City Menage, shell incur any expense for abat ing any
nuisance found upon any lot or prem ises , the expe nse of such abatement plu s
twenty five percent 125%) for incidental costs may be cherged aga i nst the lot
or premises upon or on account of which such expense was incurred , or from
which such nuisance w as remov ed or abated . A bill for such expense sha ll be
mai led to the owner or the person w ho shaU have caused or parmin ed the
condit ion to exist, end if the same shell not be pa id on or before September
1 next following , the City Manage, shell add another twenty five percent 125 %)
as penalty end shall cause the same to be assessed upon su c h lot or premises
upcn which the nu isance existed or from w h ich the nuisance emanated as
prov ided in the case of weed removal.'
9. All ,emed ies set fonh herein are cumu lative , and the exerc ise of one shall not
be dee med t o pre vent the exercise of 1oother nor to bar nor abate any
prose cut ion or petition for injunction hereunder . (1969 Code § 6•4 -3)
•
TITLE 11
PUBLIC WAYS AND PROPERTY
Subje ct Chapter
Traffic Code ..................................................... 1
Authority and Regu lations for Towing .
Impounding . Dis position of Motor Vehicles ......... 1A
Public Improvements .......................................... 2
Streets and Sidewalks ........................................ 3
Construction Permits and ReQuir ements ............... 3A
Construction Speciflcations ................................ 3B
Excavations .................................................... 3C
Parks and Recreat ion ......................................... 4
Trees and Shrubs .............................................. 5
11 -1-4
11 -1-4 :
11-1-4
Rf.STRJCTIQ'l;S 0~ SPECUL ~IOBILE EQUP~rE:'\T, TR-\ILERS ,
TRL'CK S .-\:SO CO~I.\IERCL-\L \'EHIClf.S:
A . l11hall be unlawful for 1he opera1or or owner of en au1omob il e tra nsport tra il er ,
mov ing an , tran,it •mix conc rete truck , tra iler , sem i-tra il er or truck with an empty
we,gh1 ,n excess of six thousand 16 ,000) pounds 160 C.W .T .) or special mobil e
1qulpmen1 10 stop, s1 and or park such vehicle or 10 cause such veh icle 10 be
11oppe d, st ood or parked on any street or highw ay, alley or other public way
w 11hin 1he City for a pe riod in excess of lour 141 ho urs at any t ime, exce pt when
1uch vehicle is bei ng expedi1 iou sly loaded or unloaded or such mobile equipment
11 bein g used 10 perform the special operations for which ii was des igned .
B . Tank trucks , tank trailers, tank semi-trailers or other t rucks used 10 transport
hazardou s subs1ances shall not park upon the streets , alleys or publi.: or private
places w ithin the City except when entirely amply and then only for a per iod
not exceeding one hour . No cargo area or tank of such veh ic:les shall be repaire d
except when comple tely empty of flammable liqu ids or harardo us substances
and on ly after being thoroughly s1ean1ed or washed 10 remove all ex plosive
va pors . No tank truck, tank se ni-trail er or tank trailer used '.or transporting
li quefied peuoleum or gas , whether loaded or empty, or any truck carrying
hazardous subs1a nces shall ba parked or all owed to remain upon the streets ,
alleys or other public property or upon an y private property w ithin the City,
except when actually engaged in filling storage tanks or while under repa ir.
C. It than be unlawful for the operator or owner of any automobile, bus, transport
tra iler , mov in g van , tra nsit•m ix concrete truck, trailer , semi-trailer, truck trailer
or truck whose ampty weight is In excess of six thousand 16,000) pounds 160
C.W .T .) or special mobile equipment, as defined herein, 10 stop, stand or park
such vehicle or 10 cause such vehicle 10 be stopped , stood or parked in any
residentially zoned area of the City and on any street adjacent to said residentia ll y
zon,d area of sa id City 11 any time, except when such veh icle is being
expeditiously loaded or unloaded or su ch mobil a equipment i s being 1Jsed to
perform the spe cial ope ration for wh ich it was de signed , on anv ~treet or
highway, alley or other pu bl ic way within the City.
D. No motor vehicle or veh icle in excess of twen1y -1wo feet 122 '1 in len gth, eight
f eet 18 ') in w idth, or se ven feet 17'1 in height shall be park ed in the public right •
of-way excl!pt when such motor Vfh icle is bein g exped itious ly lo aded or
unloaded .
""
11 -1-4 11-1-5
e. 11 shall be unlawful for any tra iler or small ,railer to stand or be parked in the
pub lic right-of-way or on public propeny unlesa the trailer is connected to . or
anached 10 a motor vehicle in a manner to be tow ed . The vehicle and connected
tra il er shall not be parked in the publ ic right-of-way for more than twenty-four
1241 hours w ithin any one week .
F. The term or phrase "specia l mobile eQuipment" shall , for t he pu rp ose of this
Chapter, mean and consist of vehicles, self-propelled or otherwise, des igned
p,imarily for ope rat ion or use on or off the s\feets and highways and only
incidtnt1lly used or moved upon such streets or highways . This definition shall
include by wey of example, but not by way of limitation, snowplows , road
construction or ma intenance eQuipment , ditch-digg ing or excavating apparatus .
well-drill ing or boring eQuipment , firefighting eQuipm ent and vehicles des igned
to transpon eQuipmant and vehicles used in connection with or for the repair
and maintenance of construction or maintenance eQuipment temporarily or
permanently mounted on such vehicles, provided that such eQu ipment is
transponed from yard to job, job to job or job to yard and eQu ipment pr imar ily
designed for hoisting, lifting , movi ng , loading or digging operations . The forego ing
definition is pan ial and shall not include other vehicles of unusual design, size
or shape that are designed primarily for purposes other than transponing
merchandise or passengers .
G. Empty weight means the weight of any motor vehlcl~ or trailer or any
combination thereof, including the operating body and accessories rounded to
the nearest hundred weight as set fonh under the "C .W .T." section of the
Colorado Depanment of Motor Vehicle Reg istration or comparable veh icle
reg istration of other states . Any motor veh icle solely owned by a Colorado
governmental agency !State , County. or Municipality) is exempt from this
Section .
H. Small trailer is II def ined in section 16-8 oi the Comprehensive Zon ing
Ordinance.
I. Trailer is as de fined in the Model T raffi c Code . !Ord . 26 Ser ies 19871
11-1 -6: MOTOR Yr.HICLE '.\OISE:'
A. General Restrictions.
1 . It shall be unlawful f o r any pe rson t o drive or move, or for the owner to
caus e or knowingly permit t o be drh en or moved , within this Municipalit y , an y
motor vehic le which em its a so u:--d pre ssure level in excess of the dB IA I as
here inafter establi shed .
, SN Trtl1 6 c, 1::1111 2 cl 1"'' Coe• ....
B) 1. 11 is unlawful for any pers on 10 dr ive , slop, pal1<, or for lhe owner or person
in charg9 ol any veh icle to caase or know in~ly p!rmll lo be driv en, '1opped or
par1<ed on any stre!I or high way wit hin the Clly, any vehicle which is requ ired
under !he lav,s ol 1he Slate of Colo rado to be in sp ecled pu :su anf 10 the
Automob il e lr.speclion and Read ju sIme n1 Program, eslabli shed pursuanf lo
seclions 42-4·306.5 to 42 ,4-~16, Colo rado Rev ised Stalules , unless such
vehicle has been inspected al an aut horized Inspect ion sl3l ion and has
attached lherelo . i n pro per posh ion . a vali d and unexpired cenmcal lon ol
emissions conlrol, as requ ired by me laws of !he SIBie of Colo rado .
2. In any prosecu fl ,n of l ht provis ions of th is Section, proof lhal 1he veh ic!e
descr ibe d In lhi complaint was drl,1en. par1<ed or slopped in vio laflon of lhis
S ection, 1oge1her wtth procf thal the defe n:lan1 named in tht complaint was at
the lime ot such driving , &lopp ing or pal1<in g, a registered owner of the vehicle,
shall conllhut a pr ima facie evidence that the delend anf was the person who
drove, pirked, s10pp~d or know ingly permined lo be driven , stopped or parked ,
such unaue nd ed vehicle at th e place where and ior the lime which such
violation occurred. (Ord. 24 S!ri!S 1286)
11-1-7. PARKING , 1OTOR \'EHICLES IS PRIVATE PARKL'IG LOTS: Wh111
pr iva1e propeny or port io n 1hereot , is devoltd 10 the purp,se of parklfl\•
molor vehicles , and where the owner or olher authorized pe rson has tslabllsheo
parking restrictions on said property, which reslri.lions are prominently posted so as 10
give notlct !hereof, tt gt,aq be unlawful l or any person to pall< or 10 s:and a vehicle ,
whelher occupied or no1 , in violalicn of the parking resu icli ons so posted . (Ord. 41
Series 1978)
11-1-8: RESIDENTIAL ON -STREIT PARKING PERMITS AND FEES:
A. Perrnhs. \'✓hen !he Ctt y 'l'raff ic Eng ine.r, pursuar.1 10 article XII and sect ion 9,
article XXIII, of the Model Traffi: Code for Colorado Municipaltties, 1977 Edit ion ,
has designaled and es1abtished 1im1 limltalions on vehicle parkin g on s1reeIs in
reside ntial a,eas , lhe Director ol Finance , or his designee , may , upon
applic alion . issue up to 1wo (2) own ers' perm ,1 s l o re siden1s ol such areas who
own and/er operate a mo,or ve hi cle ailow ing s;;id vehicle 10 be parke d in fhe
block on wh ich lhe ov.r.er uf sa id veh icle resides as if 1here were no 1ime
limhat i,n restr iclions on sa I:I pa ri<ing. Th e perm il shall be fo r a two-ye ar pe ri od .
Th~ permit shall be allixed 10 th e lower lelt-hand corner of !he re ar window ol
said veh icle , or in ?. loc alio n on 1h a \'ehicle approved by lhe Direclor of
Finance , or hi s ce sign ee. Th is p1ovision shall not app ly to metered parking
spaces where park ing me t,r zones hav e been eslablishe d. A res idenl ol such
area may ob:ain two (2) vi sitor park ing permil s l o be issued by 1he Cily. The
permit sha !I be lor a two •y!ar period of l ime and shall be Issued tor no lee .
The ptrmil shall bd issued lor a specific block and address and shall on ly allow
a visi1 or 10 come to \h e t lock 1ri a1 has been issued the vi silo r pan<ing perm 11.
T 1e perm it shall b e Cisp12y~d on t~e \'i sito r vehicle in \he front lett hand
(c ·iv er's) ·11 ind shieid II a ,ermi1 is Ic sI , stol en, or a re side nrs veh icle is so ld . a
• ,,i1acerrien1 ;:,ermi1 ma)· t-e ~~rchased , and in 1!'le ca se ot visi1or s' per mit s, two
(2) rep1aceme n~s will be allowe d e a:h ye ar.
B . Fe es. No fe e sha ll be charged tor a perm11 issued l or a veh icl e owne d by a
res 1den1 at the-ar5'a . No lee stia ll be charged for lwo (2) visitor pe rm its . All
rep tacemaot v,sito r perm,:s sha ll cost I,neen do ll ars ($15 00) each . (Or d. 28
Ser ies 198 8)
11-1-8 11-1-10
C. Upon the appl ication of a res ident, a special perm it may be issued by the
Depanment of Community Development for I nonres ident , journeying in a
housek eepi ng veh ic le who is visiting at the res idf.nc e of the appl icant , to occupy
the housek ee ping veh ic le at th e applicant 's res ,idence for not more than seven
171 da ys. The spec ial permit shall specify the location on the applicant 's property
or edj ecent right-of-way in which the hou se keepi,,g vehi cle w ill be parked while
occupied . Th is shall not be deemed to permit the perking of a detached camper ,
trailer, or smai l tra iler in any street or righ t•of•way. A special permit shall not
be issued to park ths housekeeping veh icl e in the public right -of-way of eny
street des ignated i s an aneria l or co ll ector . (Ord. 26 Series 19871
1 1 -1 -9 : USE OF UNMARK£0 Cm' VEHICLES: It is the policy of the City that
police vehicles used for regular routine traffic patrol will be marked
prominently as Eng lewood police vehicles . Failure to comply with this policy will be
no defense to any violation of law . !Ord . 31 Ser ies 1981)
11-1 -10: S.~fETY BELT SYSTEMS: ~t\.'-0.HORY USE: CHILD RESTRAL'-T
S\'Sff:.MS; EXL\fi>TIO:-S:
A . MOTOR
VEHICLE
SAFETY
BELT
SYSTEM
A self-propelled vehicle intended pr imarily for use and
operation on the public highways, including passenger
cars , stat ion wagons , vans , taxicabs, ambulances , motor
homes. and pickups . The term does not include
motorcycles . motorized bicycles , ~•••anger buses,
school buses, and farm tractors and implements of
husbandry designed pr imar il y or ••elusively for use in
agricultural operations .
A system utilizing a lap belt, a shoulder bel t,
or any other belt , or comb ination of belts ins1alled in a
motor vehicle 10 restrain drive n, and passengers, which
system conforms to Federal motor vehicle safety
standards .
B. i. Unless exempted pursuant to subsection C of this Section , every driver of
and every front seat passenger in a mo tor vehicle equ ipped with a safety belt
system shall w ear a fastened safety belt whil e •he motor vehicle is bei ng
opetated on a street or highway in this State.
2. Any pe rson operat ing a motor vehic le w hile he or any passenger is not in
complia nc e with th is Ord inance vi olates th is Ord inance , and is subject to be ing
punished as pr ovi ded in Section 1 -4-1 , Eng lewood Municipal Code 19 85 .
C . The requ irem en t of subsec tion B of this Section shall not apply to :
,u
i . A ch ild requi red by su bsection E to be resuain ed by a ch ild restraint system ;
2 . A membe r of an ambul ance te am. other th an the driver, whil e invo lved in
pat ient care ;
M C M O R R H D U M
TD:
fROM:
DATE::
SUBJECT:
Kell~ Wag goner. Director Public Uork:s
K~v i nsky. ~~pc ri ntcndcn t of Perlt s
fcbruery ZB. 1990
Hui:1ar,ce Ordine1 •r r:
I h&vc rcuic..,cd the propo:scd r evision to the ""Hui:sancc Ortlinencc ..
and I cannot find ony por ti on of this ordinencc which would hlluc
a negative iMpoct on th e Perks Divi s ion.
As I discu:ssed "'1th you on Monc!cy MOr'.rdn'g., 2/26/90., I ues un,3uarc
of this particular ordinance chongc. therefore uas unable to
forMelly respond.
The conclus•on et City Hell that I ua:s ogoin:st this ordinoncc una
generated b y 11 outside (interested) third party; Mr. Gary
Kozacek.
Cerlicr this nonth I attended e nccting on the Plozo ~1th Polly
Heyes end Gery Kozocck regarding the propo s ed fishi ng derb y to be
held in August. At thio nccting., e ftcr discu ssi ng the
porticulcrs for the fishing derby. Mr. K~zccck began discu ssion
concerning the Ci ty i n general a nd it's c urrent directi o n. It
bccanc very obv i ous that Gary hos a n ox c to g rind becau se he lost
in the electi on for City Counc il. Given the opportunity end c
socp box to stand on. Gary continued in n akin, h i~ po si tion
evident.
During thi:; c o nvcrsotion. Gory brought up "Th e Ordinance " 3leting
that Mul c h. liltc uc u~e ir1 our lcnd~ca pc beds. M~Y be in
uiolotion. I ~t~tcd that a ny t y pe of restriction in u sing nulch
uould i npect the Porl(5 Divi si on en d if I no l ong er cou ld u ~c
nul c h I uould be opposed to th i~ o r dinance.
At th<>t tine.
ncling lo
•
I ha d not ~e cn the ordinance ond I u os only
t his coMncnts .
CITY OF ENGLEWOOD PLANNING AND ZONING COHHISSION
February 6, 1990
I. CALL TO ORDER ,
The reg ul ar meeting of the City Pl ann ing and Zoning Comm is sion was called to
order by Vice -Chairman Ron Fish in the En glew ood City Cou ncil Chambers at 7:00
P.H.
Members Pre se nt: Becker , Covens, Fi s h, Schult z, To~i n, Bau mgartne r , Daviet
Member s Ab se nt: Gerl ick, Glynn
Wanush, Ex-off ici o
A 1 so Prese nt : D. A. Rom ans, Plann in g Adm i nistrator
H. J . Stitt, Pla nner
Dan Brotzman , Assistant City Attorney
Patricia Crow, City Clerk
Lt. Ron Medford , Department of Safe ty Services
Members of the Env i ro nmen ta 1 /Nuisance Codes Task Force
Eisenbe r g,· Fishbach, Bilo , York , Hendricks
Hr. Fish stated that City Clerk Crow is present to swear in new members of the
Commission.
Ms . Crow admin i stered the oath of office to Ms . Linda Baumgar t ner , Ms . Connie
Daviet , and Mr. Lloyd Covens.
Hr. Fi sh stated that a quorum of the Commissi on is present, and out1 i ned the
duties and responsibilit i es of the Commission . Mr. Fis h sta t ed that the Com -
miss i on will follow adm i nistrat i ve vr oce du res in t he co nduc t of the Public
He ari ng scheduled for this even i ng .
II. APPROVAL OF MINUTES
January 16 , 1990
Vice-Chairman Fish stated that the Minutes of J anuary 16, 1990 wer e to be con-
s idered for appr oval.
Tob i n move d :
Becke r seconded: The Minutes of January 16 , 19 90 be approved as writ t en .
Mr. Co vens noted that the word "Hyundai" was misspelled on page 2 of thl• Mi-
nu te s. The correction was duly noted, and th e vote was call ed:
AYES:
NAYS:
ABSENT:
ABSTAI N:
Covens, Fi sh, Schultz,
None
Gerl ick, .;Jyn n
Baumgart ner , Da v i et
Tob in, Becker
Hr . Cove ns as ked that hi s vo te be chan ge d lo "Abstain ". This wa s so ordered .
. l -
The mo tion car r i ed, and th e Min .i t es ,'rn d appr~1·P.d with th e corre ction of th e
mi s~p el led wor d.
III. TITLE 15 1 ENGLEWOOD HUNICIP ,.L CODE
He a 1t h, Sa nitation and Env t. o-'nm"'e'"'n:;t'-a~l ~P~r-o~t -ec~t~i-o-n
CASE 11 -90
Mr . Fi sh de cl ar ed the Pu bl i c Hear i ng on Ca se #1 -90 vµeri , and s tat ed that he
ha s i n han d a cop y of the noti ce o f Pub li c He aring which wa s pub li s hed in the
~ Sentinel on J anu ary 18, 19 90. Mr . Fis h outlined the procedure to be
fo ll owed inthcconduct of the Publi ~ Hl!a r ing , an d no ted that persons wi shin g
t o address th e Commission will not be ;worn in for this Fact finding Hearing.
Mr . Fi sh staled that City Co unt 11 ha; ask e d that the Cammi ss i on conti nue the
Hearing to a later date in l ight of th e fa ct. there is al so a Town Meeting
schedul ed this evening, and this ma_v ha ve cr eated a co nflict for some res i -
den ts who want ed to at tend both mee t ing s an d cou ld not do so. Mr . Fi sh stated
t hat this request will be conside r ed by the Commission late r in the meeting.
He then asked that s taff pres~nt the h ue be fore the Commission.
Mrs. Dorothy Roma ns, Planning Ad mi nistrator , address ed the Commission and dis -
tti ssed the proposed Title 15, Health Sanita t ion and Environmental Protection.
Mrs. Ro ma ns ack nowledged the at t endance of En vironmental /Nu is ance Code Task
Force members Bila, Eisenberg , Fishbach , Hendricks, and Yo rk . ,he noted that
Lt . Medford , who had served as a resou r ce person, was a 1 so pre s ent. Mrs. Ro -
mans stated that the provisions propo sed In Title 15 are presently contained
in §16-4-1 , Comprehensive Zoning Ord in ance , in Title 11, and in Title 6, all
in the Englewood Municipal Code, as well as pro visions found in the Model
Traffic Code adopted by the City . Mr s. Rom ans review ed the c 'ncer hs which 1 ed
to the formation of the Task Force to con s ider the existing ordi nances per-
ta i ni ng to environmental issues, and quoted from the "Co:.irses of Action" which
are cont ained in several sections of the Comprehensive Plan. The first meet-
ing of the Task Forc e was on January 31, 1989, and the committee met every two
weeks from that time through June , 1989 . The Task Force heard input from
staff advisory member :. as well as from ci tizens who had experienced problems
i n complying with some of the provi s ion s of the exis ting codes .
Mrs . Rom ans reit erated that the pro visions contained in the proposed new Title
\5 ar ~ pre sently contai ned i n §16-4-1 of tt.e Comprehensi ve Zoning Ordi nan ce,
which has be en enforced by the Pl an ning Division ; ir, Ti tle 6 , which is enfor-
ced by Building & Safety, and i n Title II , enforced by the Poli ce Depart ment.
The f act that the restrictions were conta i ned in seve r al differ ent ordinan ces,
each ordi nance enforced by a d iffe r en t depa rtme nt of the City , has resulted in
confli ct i ng provis ion s and confusion i n the enforcemen of the re s tri ction s .
The Task Force was of the op in i on that the res tri ctions per t aining to environ-
ment al and nuisance codes, an d the enfo rcemen t t here of would be cl ar i f ied if
they were co mpiled in one docum en t ; thus, the development of t he new Title 15
enlitlerl Health, Sanitation an d En vi r onmental Protection . ,,rs . Romans s tat ed
that lh i> i s sue is before th e Commis s i on becau s e of t he ne cess ity t o repe al
§16 -4-1 of th ~ Co mpieh en s i ve Zoning Ordina nc e, and th e inc l us i on of those pro -
v i s ion s in the new Titl e 15.
Tit l e 15 wi ll be a "s e lf -co t ained" ordinan ce , and def ini t io ns from Title 6 ,
Tit l e 11 , an d §16-4-1 are ,n c Jded, in add it io n to the act ua l r e st ric ti ons.
Mrs . Rom an s i de nt ifiea some e" def i ni t ions, s uch as "t r ash cont a i ner", an d
po i nt ed out t hat, as propo sed , t ~i s woul d r equi re con t ai ner s of me tal , wood ,
or plast ic with a l op ar co1 e r t han can be sec ure ly f ast en ed; pla st ic ba gs
-2 -
would no longe r be acceptable for the storage of trash except for gra ss cl Ip -
pings or leaves, and th en onl y if th ey are prop erly sec ur ed.
There were some typograph i ca 1 correct Ions to Title 15 noted by Mrs . Rom ans,
one being the addition of the word "or" in the last definition on Page 6 in
the second line; another being the elimination of all verbiage followin g
" ... rear l ot line, as may be" ... on Pag e 8 .
Hrs . Roman s then reviewed each chapt er of the proposed Title 15. She stated
that the provisions of Chapter 3 , We eds, were di scus se d at length by the mem -
bers of the Ta sk Force, and the maj ority opin io n was that the maximum he ight
shou l d remai n 6". Chapter 5, pertaining to vehicl es , was al so the s ubje ct of
lengthy discussion by the Task Fo rce . The maximum weight of veh i cles allowed
in resi dential di stricts was in creased from 60 cwt to 70 cwt to conform with
the sig nage posted throughout th e City. Th e size of re cr eational vehicles was
modif ied to eliminate t he height re strictions , hut l en gth and wi dth res tric -
tions are unchanged. On-street parki ng restrict i ons for recrea tional vehicl es
and trailers has been i ncreased to 72 hours maximum rather than 24 hours maxi -
mum ; this provisi on is in response to probl ems experienced by residents who
may keep their vehicle at a storage l ot, whi ch lot may not be open on
we ''ends; it also allows additional time for th e loading or unlo ading of the
cle .
Mrs. Romans discussed §15-6-1, Nu isance s, which has been ·add ed to Title 15 .
Mrs. Tobin asked if the se ction pe rtaini ng to abandoned "Icebox e s" Included
refrigerators, also. Hr s. Romans replied In t he affirmative . Mr s . Tob in
stated that some people do keep operating refrigerators stored out-of-doors.
Hrs Tob in al so suggested that the proh I bi ti on include freezers . Hrs. Romans
stated that this provision would apply to any appliance that has doors, and
which children may get into but can not op en from the in side . Hrs . Roma ns
stated that the City does have ,~ ag reement with Va rdeman's whereby they will
pick up abando -,ed refrigerators at no cost to the City .
Title 15 al so requires properties to be ho ok ed up to a s anitary sewer 1 ine
within~ months after a sanitary sewer lin e bec omes available t o the property .
This does not preclude t he use of port-o-1 ets during speci al fu nctions suc h as
a Parade .
Hrs. Ro mans discuss ed another issue which was considered at length by the Ta sk
Force, that being the issue of snowblades on trucks parked and /or stored on -
street . The provi s io n will requi re the removal of the blade from the vehicle
which is pa rked or stored in the public right -of -way, within 72 hours from the
time of the last snow fall , and the blade may not be stored on -street .
Hrs. Romans stated t hat this co nc l uded her pre se nta t ion on Tit le 15.
Mr. Fis h asked if t here were t.cchn i cal quest i on s of Hr s. Romans from mern be rs
of the Commissi on. He tharked her for t he pres enta tion , and sta ted that he
wanted to thank membei-~ ,r' the Task Fo r ce fo r th eir work on Title 15 . Hr.
Fi sh slated that the hear i ng would now be ope ne d to comments fro m members of
the audien ce . Hr su gg ested that perhaps member s of the Tas k Fo rce would wa nt
to designate or, mem be r as spokesperson , bu t i f not , all members of t he Tas k
Force wou ld ha ,e an opp ortun ity to speak.
Gary Kozat ek
1260 Wes t Oxfo rd -commen t ed that he had o s tay at the Commissi on meet ing
-3 -
l onge r t ha n he had pl an ned bec ause the Comm i ss i on did not
t ake act ion t o co nti nue th e Hea ri ng t o ano th er dat e ; he wan t ed t o att en d th e
To wn Mee t in g curre ntly bei ng condu ct ed, al so . Hr . Kozacek s t at ed that he wa s
a memb er of t he City Cou nc il ,;h~n the Ta sk Force was app oi nt ed an d kn ew wh at
t he charge l o the comm itt ee was ; he ad vi sed t he Commi ssio n to care fully r evi ew
the prop os ed Ti t1 e 15 , and c it.ed se ve ra 1 ar eas wherein he felt th ere was a
confli ct suc h as in t he defi ni ti on of "truc k" and "commerc ial ve hi cle ", an d
be t wee n "dere l ic t ve hic l e" and "hobby ve hi c le ". Mr . Koz ace k di scussed th e
r es trict i ons pe rtaining to sno11blad es ; he agr eed th at bl ades detached from
vehi cl es and le ft on-s treet ar e l,az ardous. He did d isag r ee with t he f act that
blad es ar e to be de t ac hed from ve hic l es with in 72 hou r s of the l as t snowfall ,
noting t hat he has a l and sc apin g busines s and make s use of t he blade dur i ng
the enti re year . Hr . Koz acek fu rther s tat ed t hat t he r e are City vehicles th at
kee p the bl ad e att ache d and use t hem to ch i p ice l oose lo nger than 72 hours
afte r a sno wf all . Mr . Koz ace k sta t ed that he i s aware of 8 oth er fi rms wh o
are of the opinion that th i s restri c tion is "obno xiou s'. If it is acceptabl e
for City vehicles to ke ep the blades attach ed longer than 72 hour s , why is it
re s tri cted for pr i vat e residents . Mr . Koza ce k th en addre sse d th e i ss ue of t ow
trucks parking on-street. He st ated that the re s tri ction s in Title 15 are
affecting people who are trying to make a living ; if it i s legal to drive on
the street s, wh y cannot they park on the street .
Hr. Kozacek then discussed the li mi tation of one de relict vehicle per proper-
•ty, and not ed that in t oday's economy, chi 1 dr en are returning home and there
may be se veral vehicles belonging to residents of a specific address . One or
more of these vehicles may be in need of repair , and if only one "derelict"
vehicle is allowed, these residents would be in vi olation of the ordinance .
Hr . Kozac ek stated that he feels the City is becoming too restrictive, and
proceeded to discuss the requirement prohibiting parking in front of the front
setback un l ess loca t ed on a concrete, brick paver, asphalt surfa ce or other
similarl y finished hard surface . Hr . Ko , ,eek discussed his property and noted
that the drive in fr ont of the house i s gravel embedded in dirt , that is prob -
ably as hard or harder than the surface s c i ted. Mr . Kozacek pointed out that
th e re ar e pe ople who cannot afford to provi de the concrete parking ar ea, or
r esidents who do no t hav e vehi cu lar access t o the i r bac k yard and th i s
restricti on i s discr im ina t ory. Mr . Koz acek f urther stated tha t t here i s noth-
i ng tha t fully defines "front yard ", and agai n advi sed the Commi s sion tha t
they really had to take a good objective look at the proposed Ti t le 15. Mr .
Kozac ek stated t hat he doe s not want to see an ordinance ena cted whic h in-
hi bit s acti vit i es of r esi dents , wh ile al lowing the municipal en t ity t he right
to act i viti es whi ch ar e no t t he righ t of all .
Mrs . Secker cited the defin i tion of "Front Yard " cont ained on Page 8 of the
proposed Ti t le 15 . Mr. Kozacek stated that his prope r t y i s 80 ' x 18;', an d
quest i oned what would be considered th e 'front " of his pr ope r t y i nasmuch as it
"fr ont s·" on two street s. Hrs. Roma ns poi nt ed out that the property i s ad -
dress ed on Oxford ; therefore, t hat would be considered the "front " t' the
proper ty.
The prov i si on restrict i ng on-st reet parking/s torage of vehicles with sno w-
blade s was furthe r d'scussed. Mr . Kozace k re iterated his opinio n that a ve hi -
cle ~iith a blade at ached should be allowed t o be parked on-s tree t during the
day. He stated t hat he has no problem wi th requi r ing off-st re et parking over -
night for vehicles with blade s atta ched. Mrs. Tobin asked if som e of the
snowbla de s are permcnently attach ed t o the vehicles. Mr. Kozacek stated that
-4 -
thi s is t rue in moun t.a in commu niti es , but in t he met r o are a they are
rem ov abl e.
Mr s. Becker qu es tioned Mr . Kozace k's cont e ,tion th at t ow tr ucks should be al -
low ed t o pa rk on -street in res i dentia l ana s. Mr. Koz acek pointed out that
somr tow t r ucks are pi c kup tru cks th at have bee n conv ert ed ; he s ugge s ted that
the Co 1M1 i ssion might want to in clude a weight differ en t i al t o indi cate a dif -
ference betwe en conv er ted pi ck ups and co1M1e rcial tow trucks.
The issue of hard s urfac e park i ng area s was f urt her con s id er ed . Mr . Koz ac ek
;ugges t ed t hat gr ave l be in clu ded . He sugges t ed t ha t this provi sio n i s only
"appearan ce ba sed", and con s id er ati on shou ld be give n to wh ether it i s a
"dr iv eway " or only an area used to park vehi cle s to ge t th em off th e stree t .
Mr . Fi s h aske d i f th e Comm i ssi on want ed t o cont i nue to Hea r ing to a later
date . Mr s . Beck er s ugges t ed t hat it i s s till early i n t he discove ry pha se of
t he hear i ng , and su gges ted that th i s de termi nat i on be mad e l ater i n the eve -
nin g. Mr . Fi s h stated that the hearing wou l d co ntinue as of now. He ask ed if
anyon e el se wi s hed to s pe ak .
Mr. Jack York
4070 Sou t h Grant -su gg ested that the problems with der elict vehicles is not
caused by children mov i ng back home . He suggested that the
l lne must be drawn so me wher e on t he nu mbe r of inoperable vehicles that may be
allowed on any one prop er t y . Mr . Yo r k ag reed t hat the i s sue of sn owblades is
a tou chy s ubject , becau se the use of the blades do es affect the livelihood of
someone ; how ever , he stated that the Commis sion must con s ider the impact the
on -street parki ng of these vehicl e s has on the residential nei ghbo r hood s of
t he City. Hr . York stated th at he did serve on the Task Force.
Mr . f ish as ked Mr. York about the definition of "weeds " contained in Title 15 ,
wh i ch he feels is pretty vague. Mr . York suggested a non-flowering plant 6"
in he i ght or more should be cut . Hr. York discussed the process of notifica-
t i on that i s followed , and noted that by the' time the City cuts the growth if
the prop erty owner does not compl y, t he growth is at least 12' or more in
heigh t . Mr . York then discu ss ed the general overall deterio ation of the
quality of life i n Englewood ; he ack nowledg ed that the economy i s bad , but
this is not the sole reas on for th e pro blem s t hat t he City i s fa ci ng . He
s ta t ed that the poor ma 1ntP.nan (e of propert i es anu t he po or economy go hand •
in -hand , and people arr, , ,>,;ing out of Eng l ewood . Mr . Yor k stated tha t every -
body needs to work t or,E•t1,.r fo r tl•e good of the commu nity .
Mrs . Beck e r ask ed i f the T,,k l'orc,, in requi ring the parking of larg e r ec re-
ational vehicles in the back yard, gave cons i deration to tho se properties
whos e front yard _ma y abut a neighbor 's rea r yar d. Mr . Yor k slated t hat it wa s
conside red, but questioned whet her there i s a so 1 ut ion to t hat particu l ar
pr obl em. Mrs. Becker s tated t hat there must be some sort of compromise t hat
can be re ached .
Mr . Fis h H~ed Mr . Yo r k wha t hi s interpretation of the int ent of the Ta sk
For ce wa s •· to add ress s pecifi c tro uble spots , or to po l ish the image of En-
gl ewood. 1-!r. Yo r k s tated that the in tent ad ,lre sse d both issues, but th at
overa 1 he fe ll tho in t ent was lo poli sh the image of th e City. Mr . York
slated tha t he f e ll restricti ons are importan t to people , ad cited t he peop l e
who purchase in areas ,hat are gov erned by st r ic t covenants. Mr. Yor k s la te~
t hat he did not want to see En glewo od turned into a ghetto .
. 5 .
Paul Hendrick s
4001 South Elal I -Haled that he served on the Task Force and that the com -
rnit •.ee did accomplish some good things, s uch as eliminating
the conflict in weig ht limitations ,nd the height restrictions for recreation -
al vehicles. Hr. Hendricks stated that in today 's eco nomy our citizens must
be competitiv e wi th the world at large, and the City should not create a cli -
mate that is hos tile to busine ss. Hr. Hendricks stated that it is his opinion
that the re s tri cti ons again st snowpl ow s and tow trucks do di s play a hostility
to bu s in ess. Hr. Hendri cks s tated that t here are "some peop 1 e who want to
live in a sterile atmosph e re; who have made th e ir mo ney and sit in glass
hou ses and throw ston es."
Hr. Fish asked Hr . Hendrick s whether he felt the the intent of the Task Force
wa s to address troubl e spots, or to polis h th e image of the City. Hr . Hen-
dr ic ks stated that in his opinion , the charge of the City Coun c il was "to get
the City 's boots off people's necks ." The attitude of some of the appointees
was "get tough". Mr. Hendricks stated that there were two Task Force members
who were in r eal estate, and they approached the charge from the angle of what
would se ll Engl ewo oJ. Mr . Hendricks stated that he considers Englewood a good
place to 1 ive . Mr. Hendri cks reiterated that there are problems with the
economy in general, and felt that the City s hould attempt to make it easier on
people to make a liv'lng . Hr . Hendricks stated that In hi s opinion the 6"
height limitation on vegetation is unreasonable, but the co mm ittee did vote to
recommend the 6' limitation .
Katherine Fi shbach
4425 South Acoma -stated that she has 1 ived in Englewood for over 40 years
and considers the City a great place to 1 i ve. There is a
ne~d to clean up the appearance of the City. Ms . Fishbach stat ed that she
wan•s to see ordinances enacted that are fair to pe op le and that can be enfor-
ced . Ms. Fishbach stated that she is not against business, but she spends a
lot llf time walking through the residential areas, and the on-street parking
of Hhi cl es with s nowb 1 ades or tow trucks ioes detract from a neighborhood.
Ms . Fi sh bach stated that anything that. is 11one that affects one's neighbors
must be cons ldered, and one has no right to ,,lo som ething that wil 1 ultimately
1 ower the va 1 ue of a neighbor's property. When peop 1 e choose to 1 i ve in a
metropolitan area, there are re s ponsibilities that are attendant on that
choice. Ms. Fishbach stated that i n her opinion the i ntent of the Tas k Force
was to clean up some problem spots, as well as to improve the image of the
City . She stated that she agrees with Mr. York that there is a need to im -
prove the general character of the City . Ms. Fishbach aske d that if the Com-
mission felt the Ta sk Force wa s unfair in any area, to please point it out to
the commit tee .
Mr . Fish as ka d if there i s someth i ng in the gene r al characteristics of Engle-
wood, i n th e infras t rl't ture of t he Cit y, that creates prob lems nec es sitating
th e imposit i on of tig ht er r es r ic t lo ns. Ms . Fishbach d i scussed a tour that
member s of th e Tas k Force we nt on, and stated that it i s clear there are four
separate, di st inc t sec t ions of t he City . Ms . Fishbach s tated that in her
opinion there i s a nee d for th e tight er r estr ictions t o preve nt fu r ther
deteriorat io n i n all are as . Ms. Fi sh bach stated t hat it is po ss ible the im-
position of t igh t r est ri ctions now i s necessitated by th e wa y th e City
de ve 1 ope d.
f va Eisenberg
4955 Sou th Galapago -stated that she ha d served on the Task For ce, an d spo ke
6 .
to the issue of sno wplow bl ades and tow t rucks. She
stated that her Inten t In serv ing on th e committee was to cl ean up t he City
and make It more attractive. Mr s . Eisenb erg stated that no one want s to look
out thei r front window an d see snowplows, t ow t ruck s , and la r ge recreation
vehicles parked In front of or across from their pro perty every day. Mrs .
El!e nberg stated t hat th ere is a need to cl ea n up the tr ash and alleviate the
storage of equipment on the s l reet s in the City . Mr s. Ei se n berg stated that
t he need for tight re s t ri cti ons Isn't unique to En gl ewo o~. She ackno wle dged
that Englew oo d has a l ot of ol der hom e s, but th er e is nothing wrong with an
older home if it Is well maint ain ed . Mr . Eisenb erg empha s ized the need for
all re s idents to work to keep up th e ir property.
J anic e B 11 o
4095 So ut h Ja so n -s tat ed t ha t she also had se rved on the Ta s k Force , ar '
addr ,is sed t he matter of l ow trucks . She st ated that as she
recalled when the issu• of t ow trucks wa s discussed by the comm ittee , th e con -
verted pi ckups were not a matter of consideration; it was the large , comm er-
cial vehicles use d specif i cally for towing purpose s that were ad dr essed . Mr s .
Bilo agreed that a weight differ ential should probably be Included to di f -
f erentiate betwee n the conve rted pickup and the commercial t owi ng vehi cle .
Mrs. Bllo stated that s he is a life -long Englewood resi dent , and she ;s of th e
opinion there have been probl ems wi th enforcem ent ; the City appr rs to be
going down -hill, and that s he wants to do som ething to stop the det~-i oration .
Mrs. Bilo stated that she fo un d ser ving on the Task Force to be very informa -
tive, and Is pleased to see the spirit of cooperation that ha s developed
betwe en the Pol ice Depar tme nt and Code Enfor ceme nt staff. Mrs_ Bilo stated
that If the citi zens want ord i nances and codes t o be en forc ed, th e means of
enforcement (p ersonne l) has to be pr ovided to do it . Mrs. 8110 stated that i t
appe.r s some of the r estri ct ions that are pre s ently ena ~t ed but in three dif -
ferent sections of the Code , work aga Inst each oth er. The deve 1 opmen t of Ti -
tle 15 ;•hlch would have all restrictions pe r tain ing to Health, Sanitation and
Environmental Protection in one ord i nance should allevi ate conflicting pr uvi -
sions. Mrs. Bilo stated that she felt the i nt ent of the Ta sk Fo rce was to
lo ok at trouble spo t s , and to zdd res s those problems .
Eric a Byrne
3963 South Cherokee -stated that she i s a former memLer of the Englewood City
Co uncil an d wa s a Cour.cilmember at t he t i me the Task
Force was appointed . Ms . Byrne disag r eed with Mr. Koz ace k's alleg ations that
the proposed Title 15 I s to o restrict i ve. Ms. Byrne cited are as t hat are de -
vel op ed with extremely rest ri ct i ve covenants, and po inted out th at pe opl e do
buy In and 1 ive i n th ese ne ig hb orho ods . Ms . Byr ne s tated t hat duri ng he r
te nure on the City Counc i 1 more comp 1 a i nts we re received about the decline of
the r esi de nt ia l nei ghb orh oods th an any th i ~g el s e . Ms. Byrne agr eed t hat there
I s noth ing wro nq wi th a smaller , ol der home as lo ng as t he home s are well
aln t alned. S~e po i nted out th at some peo pl e no w park rec re at ion al vH,i cle s
In fr ont of th~ir home that are larger tha n th e pr i mary r eside nce itse lf. M!.
By rn e ci t ed t he par king of arge comme r c ia l vehi cles , s uch as "Sn ap-on-Tool"
t ru cks, whic h are pa rked in re si dentia l ne i ghb orhoo ds, and disc usse d the dif -
f i culty the se la rge vehicl es pr es ent to mot or i sts try ing t o s ee on-c om i ng
t r aff ic be for e tu rning i nt o or cro s s i ng a s lre~l when t he la rg e tru ck is
pa rked at the corne r . Ms. By r ne agreed th at the eco no my is bad , but t hi s i s
no t an excuse o let the deterio ra ti on of t he Ci ty go on. She suggested th at
this Is the ine , i n f act, t o do everyt hi ng po ssi~le t o pre serve the value of
the fam ily's major in vestmen --the hom e. Ms. Byrne refu t ed the cla im that
-7 .
the ti ght er res tri ction s co nt ai ne d in Titl e 15 are "anti -bus in ess ", and poin t•
ed out th at business i s not to be conduc t ed fro m t he re sidenti al di stri c t s
anyway .
Ms . Tobin point ed out t hat per sons who pu rcha se homes in areas r ul ed by co ve-
na nt s do so knowi ng th ose cove nants arc in pl ace; it is not r eal is ti c to i m-
pos e stri ct covenan t s afte r the f ac t.
Mr . Cov ens asked ho w Ms. Byr ne would s uggest paying fo r additiona l perso nnel
to handle i ncrea se d enforcement. Ms. Byrne stated t hat at the la s t budg et
retreat she att end ed as a Co un c il me mbe r, it was her under s tanding t ha t t he
comm itm ent had tl en made t o i ncreased enfo rcemen t, and th at th e sta ff had been
bee f ed up t o ha ndl e t he enf orc em ent.
Mrs . Romans st ated tha t t here ar e t wo code enfo r ceme nt offi cers; th i5 numbe r
was not Inc r ea se d when t he re s ponsi bil ity of code enforcem ent was t ra ns ferr ed
from Building & Saf ety to th e Pla nni ng Di vi s ion .
Ms . Daviet s ugges t ed that Englewood does have a high level of rental property ,
and that some of t hese people may be drivi ng a commerc i al ve hicle as their
sole source of t r anspo r tation as well as their l i velihood.
Ms . Byrne stat ed t hat in her opin io n t he over a 11 goa 1 of the ordinance is t o
improve the re s idential area s of t he City . She aske d that the Commission con •
s i der wheth er th e park i ng on -s tre et oi a tow t ruck in a re si den tial area i m•
prove s t he r es i dent ial bea uty of that nei ghb or hood .
Mr . Hendrick s aga i n address ed the Commission, and stated th at the Task Forc e
also discus sed the issue of a recycling program for Englewood . He stated that
me mbers of t he Ta s k For ce wer e una nim ous in th e ir s upport of such a program ,
and stated that a better trash di s po sal system wo uld help in the overall ap •
pearance of the Ci ty. ·
Mr . Sc hult z stat ed tha t he , as a member of t he Commissio n, is a me mber of t he
Waste Ma nage ment Task Force , which grou p is contact in g compan ies engag ed in
t he business of recyc l ing to obtain informa t ion prior t o determ ining what
cour se of ac ti on to r ecomm en d .
Mr. Yor k s ta ted t hat a large part of t he pro blem comes dow n to th e amoun t of
re nt al pr ope rty i n t he Ci ty ; many of t he pro pe r t y own ers do not check on th e
conditi on of thei r pr ope r tie s so 1 ong as th ey receive the i r mont hly rent
che ck. He sugges ted t hat po ssi bly th i s is sue sho uld be ex plo red i n an e ffor t
to upgrade the ap pearance of the residential neighborhood s . Ms. To bin stated
that she is a me mber of the liousing Ta sk Force which ha s been meeting for some
ti me. She sta ted that one of t he s ugges i ons of th is Task Force i s annu al
i nspec t ions of rent al proper ie s, and in s pection s at such ti me as th e prop er -
t i es are sol d.
Mr . Schultz i nq ui red of Lt. Med ford what r ole the Pol i ce Depar t ment ha s in
co de enforcem en . Ll. Medford st 'led tha t t he Po l ice Departm en t addres ses t he
mat ter of veh i cles on -s ree t . su ch as abando ne d, illegal , der elict or ill eg"l-
ly parked vehicl es . Co de Enfo rcemen t addresses on-s ite probl ems of dere l i ct
vehic l e5, we eds, trash, etc . Hr . Sc hultz ask ed if th e Po lice Dep artm ent r e-
s ponded on a complaint bas i s, or wh ethe r they were "ag gr ess ive" in citing of·
fenders . Lt. Medford sta t ed that th ey do hav~ c iv il ian personnel as sig ned t o
han dl e ma tt er s su ch as aband oned or der el ic t •ehicles . Mr s . Becke r ask ed if
• B •
• the enforceme nt is In respon se to com plaint s or random c itations as a resuH
of patrolli ng neighborhood s . Lt . Medford stated that the majority is in
response t o comp l a int s unle ss it Is a life threatening s ituat ion.
Mrs. Romans stated that one of the problems expres se d by reside nts concer ned
about the parking of tow in g vehicle s in residential neighborh oods is th at
there may be a c?. ll in the 1 at e evening hours or during the night, and th e
lots to which t he da mag ed ve hi cl e i s usually t owed is closed. Th erefore, the
hauler lows the damag ed veh icle ba ck to his ho me, so there i s not only the tow
truck but the damag ed vehicle parked on the street.
Mr . Fish sugges ted that on page 2, th ere is a r epet it ion of §15 -4-1 Defini -
tions and the following l ead sentence. Mrs . Ro man s agreed, and thi s r epeti ·
tlve stat emen t would be del et ed . Al so on Pa ge 10 , the words (C ommitte e's
recomm en dat io n) should be s tricken. On Page 14 , §JS-5-2A, th e wo rd "expedi -
t i ous 1 y" wa s bothersome to me mbers of the Commission . Dis cuss ion ensued.
The matter of continuing t he Hearing was agai n r ai sed. Mr . Fis h stated th at
he was going to dec l are a r eces s of the Commission, and this matter would be
considered followin g re sum ption of the mee!ing.
The meeting reconvened at 9:25 P.M.
Pr esen t : Fish, Schultz, Tobin, Baumga r tner, Becke,·, Covens, Daviet
Absent: Gerl ick, Glynn
Mr. Fi sh declared a quorum present.
The issue of continuance of the Hearing was disc ussed . Mr s. Becker stated
that there are a number of matters that the Commission needs to consider, and
that no decision could be made at this evening's meeting. Mr . Schultz agreed,
and po in ted out that there may be other members of the community who would
li ke to addre s s the issue but who cou l d not be in attendance at this meeting .
Mr. Fis h stated that if the cons ensu s is t o con tinue , it mu s t be to a date
ce rtain .
Becker mov ed:
Sc hultz se con ded : The Publ ic Hea ring on Case #1-90 be contin ued to March 6,
1990, at 7:00 P.M. in the City Council Chambers.
Di scu ssion ensued . Mr s. Becker , with th e con currence of Mr . Schultz, withdr ew
her motio n . Mr . Fi sh stated that it i s the conse nsus of the Comm i ssi on that
the He aring will be co ntin ued, and that formal ac tion will be taken la ter i n
the eve ning.
Covens moved:
To bin se co nded: That discussio n on Tit le 15 be cut off at 9:50 P.M .
AY ES:
NAYS:
ABSENT:
ABSTAIN:
Tobin, Bau mg artner, Covens
Schultz, Becker, Daviet, Fi s h
Gerl ick , Glynn
None
The mo ti on fa i 1 ed to car ry.
-9 -
Mr . Fish s t ated that he would now restrict di scuss ion of Tit l e 15 to mem ber s
of the Convnlssio n and staff, and that additional pub lic t es timony will be
heard at the time of the co ntinu ed hearing .
Mr . Schultz di sc us sed the 6" max imum height of weed s. Mr. Fish expr essed hi s
concern on the defin ition of "weed ", and Ms . To bin did not like the inclusion
of the word "noxi ous" i n th e de fi nition. Mr . Fi sh al so raised for consider -
ation the is sue of 's torage of weeds on t he property" for co mposting, and
stated that he keeps all hi s le aves and grass cl ip ping s t o use on his flower
beds in the Fall . Mr s. Romans sugges t ed that an exclu s ion f or comp osting pur -
poses could be written into the ordinancr-. Mrs . Becker emp ha s i zed that
kitch en garbage mus t be excl ude d fr om ma t eri 1ls use d in com pos t pi l es .
Mrs . Dav iet questio ned §15 -2-0, requiring th,i screeni ng of tra s h con tain ers by
means of an op aq ue f ence or screen. Is ni s a new provision? Mr s. Rom an s
s tated th at it is not; th is provision is i ., the pre sent ordin ance, and has
been for some ti me. Disc ussion ens ued on thi s provision, and the pos sib ility
of deleti on wa s co nsidered.
Mr s. Davi et al so disc ussed t he is s ue of su rfa cing for dr iveways. She agr ee d
that gravel an d hard packed di rt ca n provide a surface as hard as concrete,
and suggested t ha t well ma in ta i ned gravel drives should al so be included . Mr.
Schultz pointed out that in some rental prop erties, pa r king was occurring in
the front yards, and th is is possibly a means to r equire parking only where
there is a perman ent provision for pa r king .
Mr . Fi sh asked that the Commissi on consider wheth er the provisions in Title 15
are an att em pt to impose city -wide covenants .
Mrs . Becker stated 1t i s good to get some form of s tructure in place , and that
a Qood structure allO'ols the City staff enforcement powers to address the con -
cerns of the ci tizenry. Mrs . Becker stated that i f we want to mainta i n a good
quality of li fe , the structure must be in place to sup port that maintenance .
Mrs . Becker stated tha~ parking of bu s iness 'iehi cles sh ould not be allowed on
residential streets.
Mrs . Davi et agreed t h~re is a need for good gu i del Ines. She staled there is a
ne ed for better def ini tions, and f lexibility. Mrs. Becker staled t hat the
enfo rcem ent mus t be consistent.
Mrs. Becker stated that the Comm i ssion mus t co nsider the imp act of these pro -
vision s s uch as s t orage in the r ear yard where that yard abut s the fro nt yard
of anoth er property . Dis cussi on ensued.
Mr . Cove ns pointed out that ove r six months of time. and work wa s put into th e
de velopment of Tille 15 by t he Committee, which must be weighed against wha t
th e Commission want s done . He slated hat there seems t o be no disagreement
"th Chapters!, 2, and 4, and suggested that debate be l imi ted to the matters
of vehi c les and weeds . Mrs. Becker poi nted out that if the Hearing is to be
continued, the debate mus t be open on all issues. Brief discussi on ensued.
Schultz moved:
Beck er second ed: TMe P"blic Heuing on Case #1-90 be con tin ue d t o Mar ch 6,
199 , tl 7:u0 P.H. in he Englewood Counci l Chambers.
-JO -
AYE S:
NAY S:
ABSENT:
ABSTA ltl :
Sc hultz ,
None
Gerl l ck ,
None
Tobin, Baumgartn e r, Becker, Covens, Oav let, Fi sh
Glynn
The mot ion carried .
IV. SPORTS CENTER
3978 Sou t h Br oadway CASE #8-89
Mrs. Roman s s lat ed th at wh en the Plannin g Commissi on co ns id er ed th e Foo s Ba l I
Sports Ce nter in Augu s t, 19 89 , they r eques t ed t hat a repo rt be made t o them on
t he operation, inc luding the po l ice ca ll s to th e es ta bli s hm ent , six mont hs
followi ng appro val. Hr s. Roman s stated that th e r em odeling of th e pr emises
has be en a bigg er und ertaking tha n i nit ially thought, and the Sport s Cente r i s
not yet ope n for bus iness . Hrs . Roma ns suggested that , inasmuch as no report
can be made at thi s time, t hat the Commissio n might want to request a r ep ort
six mo nt hs after the dat e of opening, whe ne ver that da tl might be. Brief dis -
cussi on ensued .
Schu ltz move d:
Covens seconded : A report be made to the Comission on the operation of the
Foos-Ball Sports Center six months after the date of open -
ing of the Center.
AYES:
NAYS :
Tobin, Bau mg artner, Becker, Covens, Oaviet, Fi sh, Schultz
None
ABSENT :
ABSTAIN:
Gerl ic k, Gly nn
None
The motion carritd .
V, PUB LIC FORUM.
Ther e was no one pr esent to address the Commission.
VI. Ol~ECTOR'S CHOICE .
Mrs. Ro man s asked that new members of the Comm i ssio n gh e their social se cu ri-
ty number s to t he Secretary who wi 11 then forward th e number s to the Finance Department.
Mr s. Rom ans sta t ed that the City Co uncil has changed t he date of the ir Apr il
2nd meeting lo April 3rd , t hus nec essit ating the Commi ssion to reschedu l e
their meeting of April 3rd t o an ol her date . Hr s. Romans s ug ges t ed t hat the
Commission could meet on ll e.dnesday , Apri l 4, or move t he mee t i ng to April 10 .
Di scussion ensued. The consensus of the Comm i ssio n was to meet on Apri l 4.
Ms. Tobi n adv i se d that sh e mi ght not be in att endance at th at meeti ng.
Mrs. Rom an s stated that th e nation al conference of th e Ame ri can Plann i ng As-
soci at io n (APA ) will be held i n Denver Aril 21-2 5. There are suffici en t f unds
in t he budget to cover the regist r at i on f ees for three mem bers of the Commis-
sion. All ot her expe nses (special tours and s pecia l event s ) woul d have t o be
paid for by the Commissioner. One of the t ours is of Little Ory Creek Plaza
and Lit le Dry Cree k . Bri ef discussion ensued. Hr. Fish asked that this ma t -
ter be inc I utied on the agenda or the next meeting.
11 -
VII. COHHISSIOHER'S CHOICE
Mrs . Tobin stated that the Hou s ing Ta s k Force has the final dra ft of thei r
rep ort In hand. Mrs. Romans stated that thi s will be ~e nt lo the Comm i ss i on
for discussion on their mee ting of Marc h 20. Mr . Sc hul '.z a'.ked If It would be
possible to re ce i ve t he report earlier than w: th the r,acket for that par ticu-
lar me eting . Mr s. Romans stated that the report wou 1J be se nt earlier.
Mrs . Becker Inquired abo ut an educationa l program for new Commission members.
Hrs . Romans s taled that th e three of the new mem bers had met ear 11 er this eve-
n Ing with Community Development and lega l staff, and tha t a t ou r of the City
wi ll be plann ed.
Mr. Schultz stated that th e Wa ste Manag e~,en t Task Force met ear l ier this eve -
ni ng. They are schedul Ing presentati ons by representatives of the six la rgest
trash companies in the metro area and will be making a recommendation on the
way to proceed In the near fut ure .
Mr. Fish stated that the electi on of officers will be schedu led for the next
meeting .
Hr. Schultz stated that he would like the record to refl ec t his commendation
of members of the Environmental/Nuisance Code Task Force . Mr . Schultz stated
that It is evident a lot of ti me and work was devoted to review i ng the codes
and ord I nanc es and compll i ng them Into one docu ment, and he thought the Task
Fo r ce had done a very good Job.
The meeting was declared adjourned at 10:15 P.H .
~(&~A £4-ctertrue G. We ty
Re cording Secretary
-12 -
CITY OF ENGLEWOOD PLANNING AND ZONING CO HHJS~JON
HARCH 20 , 1990
I. CALL TO ORDER.
!1...!..!..l...
The regular mee ting of the City Planning and Zoning Commission wa s called to
order by Chairman Tom Ger l ick at 7:00 P.H.
Members pr esen t : Fish, Covens, Dav i et, SchuHz, Tobin, Becker, Ger l ick,
Glynn
Wanush, Ex -off , -•o
Member absen t : Shoop
A 1 so pre se nt : D. A. Ro mans, Planning Admini s trator
H. ,l. St itt, Planner
Dan Brot zman, Assistant City Attorney
Env i ronmenta 1/Nu i sance Task Force Members Berlin ,
Eisen berg , Fischbach , Hendricks, We lker , York
II . APPROVAL OF HINUTES.
February 21, 1990
Cha i rm an Gerl ic k stated that the Mi nute s of Feb ruary 21, 1990 we re to be con -
s i dered for approval .
Fi sh moved :
Schult z sec onded : The Minutes of February 21 , 1990 be ap pr oved as written .
AYES:
NAY S:
ABSENT :
ABSTAI N:
Co vens , Oaviet, Glynn ,
None
Sh oop
Gerl ick, Bec ker
The mot ion carried .
111. EL ECTION OF OFFICERS
Chairma n
Vice-Ch ai rm an
Fis h, Schultz , Tob i n,
Mr . Gerlick stated th at officers for 1990 are to be elected, and asked for
nominat i ons fo1• t he position of Cha irm an .
Hr . Schultz stated that he wo uld like to contin ue t he leadership of the Com -
mission Hit :; presently, and nominated Mr. Gerl i ck as Chairm an and Mr . Fi sh
as Vice -Cha i rm an . Ms. Beck er secon ded the nom in ation .
The vote on the nominations wa s called :
AYES : Daviet, Gerlick, Gl ynn, Fish, Schultz , Tobin, Becker, Cove ns
NA YS: tlone
-I .
ABSENT: Shoo p
AeSTAIN : r/one
n.~ motion carried; Mr . Gerlick was elected Chdirma n of t he Comm1ss 1on and Mr .
Fish Vlce -Chairm!r..
IV. 'IEHBERSHIP CHA NGE
Mr. Gerl1 ck anno unc ed that Ms. L' nda Baumgartner had submitted her res I gnat i on
from the Commiss i on due to a pending move from the City. Mr . Roger Shoo p has
been appointed to the Convnissior, to fill her unexpired term , but had a pre -
vious commitment th is evening and could not be i n attenda nce.
TITLE 15 1 ENGLEWOOD HUHICIPAL.~CO:..:Dc::.E ____ _
Hea 1th, Sanitation and Env i rnnmenta 1 Pr otection
v. CASE 11-90
Chairman Gerl ick stated that the Public Hearing on the repeal of §16-4-1 of
the Englewood Municipal Code , and in cor poration of those provisions into a new
Title 15, which Public Hearing was begun on February 6, 1990, and continued to
March 6 and then to March 20, will now continue .
Fish moved:
Becker s econded: The Pub 1 i c Hea ri ng on Case #1-90 be reopened and continue .
.',YES:
NAYS :
ABSENT:
ABSTAIN:
Gerl ick ,
None
Shoo p
None
Glynn, Fish, Sc hul tz, Tobin, Becker, Cov ens , Oaviet
The motion carried .
Mr . Gerl ick stated that members of the audience who have not previously ad·
dress ed the Commissi on on this issue will be allowed to speak first. Members
of the aud ience who ha ve previous 1 y addressed the Cammi ss ion wi 11 then be a 1-
1 owed to sp eak to present new information. Mr . Gerl ick asked that members of
the aud i ence wishing to add r ess the Commission r aise their hands; five persor•s
indicated they wished to speak before the Commi ss io n . Mr. Gerlick then asked
Planni ng Adm in istrator Romans to review the is s ue before the Commission .
Mrs. Roman s stated that Title 15, as appr oved by t he En vironm ental Code Review
Committee , is a compil at ion of provisions present ly co ntain ed in Title 6, Ti -
tle 11 , and Se ction 16 ·4·1. These prn visions are located in three separate
ordinances and enforced by th ree different divisions··•Build ing & Safety,
Police Department , and Code Enforcement . This has res ulted in con fusion fo r
th e enforcement personnel .. Title 15 will be enforced by the Code Enfo r cement
Qivision of the Communi •y Development Depa rtmen t. Mrs. Rom ans stated th?t th e
Code Review Commit te e tried to clarify some provis i ons in their review, and
the City Att orne y's Office clarified other provisions when they comp i led th e
prov isions into one docum ent.
Mrs. Ro mans pointed out th at restrictio ns on weed he ig ht , as well as the i ssue
of derelict and hobby ve hicles have be 0 n contained in t he Munici~al Code since
1981. Title 15 is generally not ena cting new pro visi on s, but pro vid ing
cl arif icat i on of exis ting provisions and compiliny all restrictions on health,
san it.t ion and environment into one doc ument.
. 2 .
Mrs . Romans . tated that the Planni ng Commission's charge is to consider the
repea 1 of §16 -4-1 of the Comprehe ns ive Zoning Ordin ance, and th~ incor pora ti on
of those provisions i nto the new Title 15 . The Co mmissi on must al~o be aware,
however, of all the provisions that t he new Title 15 will encompass from Title
6 and Title 11 .
Mrs . Ro mans stated that members of the Environmental Code Review Committee
s pent a great deal of time reviewing all the codes and ordinances pertaining
to health, s anitation and th e environment . Mrs. Romans stated that this con-
cluded her presentati on, but she wou l d be availa bl e for qu estions .
Mr . Gerlick asked if members of the Commiss i on had ques ti ons of Mrs. Ro ma ns.
No quest ions were pose d to Hrs. Romans .
Mr . Gerlic k then ask ed proponents of Title 15 who had not previously addressed
t he Comm issio n to come forward to speak.
R. J . Berlin
2132 Eas t Dartmouth Avenue -stat ed t hat he had served on the Environmental
Co de Review Committee, and had served as Chairman
of that committee. Hr . Be rlin stated that his service on this c ommittee was
one of the more pl ea s ur able activities he has don e i n the past ye ar ; the com -
mittee had go od attendance , and while there was a divers ity of opinion on a
number of is s ues, everyone was heard and a con se nsus reached on a majority of
those iss ues . Mr . Berl i n stated that Title 15 provides for the quiet enjoy-
ment of their homes by the citize~s of Englewood . Mr. Berlin spoke against
t he infringement of one 's lifestyle on a neighbor's lifestyle or enjoyment of
his premises. Mr. Berlin s tat ed that to encourage people to 11ove to the City ,
and to retain existing residents, we must provide an environ111ent that i s
satisfying to exist ing and prospective residents . Mr. Berlin acknowledged
tha t there are some provis ion s which are di ffi cult to enforce , and which were
diff icu lt lo write restrictions on such as t he height of weeds The co11111ittee
addre ssed issu es that could be dangerous, such as large vehic l es parking on
residential streets which may obstruct views at intersections ; or snow blades
which may protrude into the ro adway . Mr. Be rlin stated that •he committee
he ard from owners of recreational vehicle s who had been cited because of the
si ze of the vehicle park ed on the street , and who could not make provision to
park the vehicle on the rear of their pr operty . Mr. Berl in suggested that
there are park in g lo ts or storag e yard s where these vehi cles may be parked fo r
a fee .
Mr. Berlin stated that he unders tand s it is Mr . Kozacek 's contention th at the
City of Englewood is and will be in violation of some of the provisions of
th i s ordinance if it is ena cted . If th is allegation is , i n fa ct , correct ,
then the City mu st compl y wi t h the _intent of t he ordinance.
Mr . Berlins ated :hat he ha s l ive d in Englewoo d for 16 years , and fe els tha t
the City is a beautiful place to 1 ive. However, the to ur of the City on which
member s. of the committ ee were taken rel'eal ed som e severe problems, and Mr .
Berl in stated that he was 'appalled " at some of the things he s aw on thi s
tour . Some of t~e problems hav e been and are being corrected , and the Code
Enforcement personnel are worki ng on the enforcement of the restrict ions as
presently wr itten . Mr. Berl in stated that all residents must realize that it
is only by example that Engle wood as a whole wi ll change, and that the City is
refiect , .n of ·he cit i zenry itself .
-3 -
Mr . Fish inq uired as to the philosophy of the committee in addressing the en-
forcement of res trict i ons that may be unenforceable or violat ions whi ch may be
so wi despread t ha t it is a norm . Did the committe e addre ss thi s possibility
and try to elimin ate pr ovi si ons which may be commonly vio lated.
Mr. Berl io sta ed t hat no one person or gr ou p ca n be al lowe d to impo se their
wi shes on the co mmu nity as a whole; people should not in trude on or interfere
wit h the quiet enj oyment by a neighbor of his pro perty .
Mr . Fi s h cited the r equiremen t that trash con tainer s be cove r ed, and concealed
from publi c vie w by an opaque screen or fence . Is this provision enforceable?
Mr. Be rli n sta ted t hat in hi s opinion , this provision can be enforced .
Mr. Fish then ques tioned the 6" maximum height of we eds vs . 4" maximum height.
Mr . Berl i n acknow l edged that determining the max i mum heigh t of ve getation wa s
one of th e t oug her issues that had to be addre ssed by the convn ittee. Mr . Ber-
l in s t ated that the majority of citizens do make every effort to comply with
re str ictions, and only ha bit ual offe nd ers are cited into court. Mr . Berl i n
stated that It is hi , opinion that when you choose to 1 i ve in a convnun ity , you
owe that comuni ty a debt of complying with the restrictions--it is not an
entitlement to do whatever you wish to do . Mr . Berl in fu rther acknowl ed ged
that there may be some provisions that need further modif i cation or poss ibl y
de 1 eted in the future .
Mr. Covens ask ed if Mr . Berlin envis i oned the Code Enforc eme nt officers con -
centr~ting efforts on a particular problem or section or the City , or trying
to police the entire City . Mr. Berlin replied that there are only two Cod e
Enforcement Off i cers to police a comunity of 30 ,000+ residents. It is his
understanding that these two individuals try to cover the entire city once a
month . If a citation is issued in a par tic ular block , they try to determine
if there are other problems in that imme diate area and c ite those as well .
Mr. Covens then inquired if the penalt ies should be in cre ased. Mr. Berl in
stated that penalties are at the discretion of the Judge ; a fine may be
1 evi ed, but sus pended if the property i s cl eaned and maintained to acceptable
s tandards . Mr. Berlin emphas ized that or dina nces are needed to regulate ac-
ti vit ie s and prevent the infringement on ri gh ts of ne ighbors.
Lois Lightha ll
2945 South Logan Street -stat ed that prog ress on the matt er of Code
Enforcement is being made, and that the Co de En -
forceme nt Officers are covering t he City on a regul ar basis . Ms . Li ghthall
stated that members of th e Co de Review Convnittee worked devotedly to ge t rid
of unenfo rc ea ble provisions . Ms . Lighthall stat ed that sh e would l i ke to see
ordinance s e·ncted that can be enforced, and th at are enforced . She urged the
Planning Co r,'111 · s s io n to exert every effort to get Tit 1 e 15 through the City
Council. Tnis new ord in an ce is for the betterme nt of Engle wood.
Ca r l Welk er
4611 South Cl ark so n Street -s tated tha t he al so served on the Code Review
Commit tee . The Comm it te e was trying to set
standa r ds tha t are enforceable bu t also tried to l oo k at standards that the
co mmunit y wa nted. Mr . Welker staled that the cove red trash co ntainers are an
attempt to pr event garbage from being strewn down the all eys. The issue of
weeds and maximum heights may r eq uire a "judgmen t ca ll " on the part of some -
one. I f the 6" maxim um is acc epted , by he t im e steps are aken to ga i n com-
pl i an ce oy an i ndividual the y may be we ll ,n excess of 12" in height. Mr .
-4 -
Welker addressed the matter of snow removal and th e use of blades on trucks .
It seems re ason able to allow suc h blade s to be on the trucks for a period of
time following a snow storm, and thereafter to be removed or not par ke d on
public streets . On-street parking of recreational vehic les was al so discussed
by the committee at length . The restrictions imp os ed against the on -street
parking of these vehicles are reasonable . Mr. Welk er stated that in this past
year the r e has been a serious effort by the Code Enforce ment Officers to clean
up the City and enforce the provi s io ns of the various codes .
Sam Cloth ier
Bob 's Auto Service
500 We st Yale Avenue -addres se d the Co11V11issio n regarding the matte r of tow
trucks. Mr . Clothier staled that companie s with
towing con tra cts with the Pol ice Department are r equired to have their tow
trucks at their place of res i dence overnight to fulfill the obligations of the
contract i n regard to response time . Mr . Clothier stat ed that he has dealt
with 13 cities with towing contracts, and Englewood is the only City with the
problem of keeping the tow trucks at the pla ce of residence .
Hr. Wanush acknowledged that there is a response time written into the con -
tract, but it would not require that the tow truc k be kept overnight at the
place of residence if the i ndividual resi ded in Englewood and the towing con-
tract was with Englewoo~.
Mr . Covens stated that one of the problems cited at the previous phase of the
Hearing was tow trucks with damaged vehicle attached being parked overnight on
residential streets. Mr. Clothier stated that his company does not do that;
they have t he i r own tow yards, which are open 24 hours/day .
Mr . Gerlick asked if there were other proponents who wished to address the
Convnission. No one else spoke to the Cormiission i n ravor of Title 15 . Mr.
Gerlick then stated the Commission would hear from opponents to Title 15 .
Gary Ko zace k
1260 Wes t Oxford Avenue -stated t ha t there ls a resp·inse time for tow
trucks, and that a greater hazard can be created
If a damaged vehicl e is not removed from a street in a timely manner. Mr .
Kozatek s tated that he would agree that a ha zard is created by vehicles left
hanging in tow parked on publ ic streets, and th is should not be permitted.
Mr. Ko zatek stated that the re can also be a problem with flat-bed trucks with
vehicles on them. Mr. Kozate k stated th at if the tow trucks are not allowed
to be par ked on resident ial streets overn ig ht, this will force the companies
t o be i n nonco mplian ce with the contract be cau se they cannot meet the r esponse
time.
Mr. Kozatek addre ssed the de finition of Tr ash which inc l udes "y ard clippings ,
leaves , and br an ches". Mr . Koza cek s ated that this provi s in n , if enacted ,
will affe ct the abi lity of t he City of Engle wood to use brar.ches , leav e s, and
grass cl ippi ngs in the "thatch " that i s put a,·ound trees and on flower beds i n
the City parks . Mr . Fis h s tat ed that the is sue of composti ng has been dis -
cu ssed by members of the Cormiission at '.h e inil i al phase of the Hearing , an d
wi 11 be further addressed.
Mr . Koz acek the n disc ussed the pr ovisions or. Page 14 E, pertaining lo s now -
plows or blades on trucks . Hr. Kozatek all eged that the City of Englewood is
• 5 .
in violation of the 72 hour provision, because City vehicl es w'ith blades at -
tached are frequently used to break up accumulation s of ice 1, week or more
following a storm. Mr. Kozacek stated that the phrase "re~1ove them from
public streets" me ans to him that vehicles with blades attached cannot have
access to a publ le street. r . Kozacek further reiterated his stateme nts from
the previous phase of the Hearing that he makes use of the bl11de on his tru ck
on a year-round basis ; he also pointed ou t that the City has grader blades on
vehic les to grade a 11 eys on a year -round bas Is. Mr . Kozacek stated that the
intent of the pr ovisi on is good, but if it impacts people i n business who can -
not com ply , and if the City won 't comp ly, then he will complain.
Mr . Kozacek reiterated his obje ction to the provisions pertaining to derelict
vehicles, again noting that grown children are moving back into the fa mi ly
ho me with their parents, and that more than one vehicle may not be operable at
any given time, whi ch would, in his opinion, bt in vi olation of the provisions
of this ord i nance . Mr . Kozacek stated that he agre ed with the intent of the
provision, but felt it could be imposing a hardship . Mr . Kozacek then ad-
dre ss ed the issue nf parking of vehicles in rear yards, and stated there are
propert i~~ with no alleys, and that may not have the mea ns to park vehicles in
the' bark yard. The requirement that driveways and parking areas be of con-
crete , br ic~. paver, asphalt surface or other similar hard surface was dis -
cussed by ~,r. Kozac;;k . He stated that he has a gravel driveway, with the
gravel embedc.lcrl in dirt that is hard packed. If this is not acceptable, he
and other property owners would have to "take a financial hit" to comply with
the orcinance .
Hr . Ko:.acek isked that the COlll!lission look at the provisions of Title 15 and
evalua\.e whether the provisions are hurting someone, or whetl.er the problem
they are supposed to "correct" is hurting anyone . Mr . Kozacek stated that he
would co mme ,d the members of the conrnittee who put the Ordinance together,
'but they we re under time constn1nts and they threw things together to meet
the ti me lim i t."
Mr . Ger l i ck asked if there were ques tion s of Mr . Koz acek .
Hs . Becke r stated that t he block she l iv es in is a small block, and there is
more than one ve~ i cl e with a snow blade parked in t hat bl ,ck , and 1 eads to a
ve r y ccngested situat io n . She asked if vehi c 1 es with b 1 ades were permitted to
park on -street would the number per block be restricted , or how would Mr .
Koz ac ek sugge s t addressing this situation. Mr. Kozacek stated that the en -
force ment officers would have to determine if the vehicles were impr operly
parked , or i' the vehi c 11,s were parked too c 1 ose to the co rner . Mr . Koz ace k
noted t hat th1 park i ng r ~stric t i ons at corners are not marked on the streets.
Mr. Ko za ce k ag•eed that some ha zards can be created ~Y tow truc ks with vehi -
cle s in tow, or elevated; he also poin t ed out th at veh i cl es with win ches a'.·
tached ca n be hazardous t o vehicles backin g i nto a parking sp ace on-s treet.
Hr. Cov ens st ated t hat t he ~revision s tates that the vehicles with snow bla des
must be of f-street ; this does not mean that t he veh i cle cannot be parked on
privat e property with the blade att ached. Only that the vehicle with blade
attached cannot be pa r ke d on or s tored on a publi c st reet. Mr. ~ozacek
r e1terated hi s perceived problem of the 72 hour ti"1e limitation and the fa ct
t hat t e veh icles cannot be parked on the public street.
6 .
•
• Ms . Tobin inquired on the types of blades --pe rm an ent ly attached vs . tem -
pora r ily attached. Mr . Kozatek stated that blades are not permanently at -
tach ed to one -half ton or three-quarter ton vehicl es. Hs. Tobin inquired
about th e width of the blades . Hr . Koz atek stated that nine foot wide blades
must be on a one -ton vehicle; he pe rs onally has a seven foot blade, which does
not protr ud e be yond the sides of the veh i c 1 e. Th e major i ly of b 1 ades are six
and one -half feet in width.
Ms. Tobin asked if Mr . Kozatek used the s ame blade fo r snow removal as for
soil leveling. Mr. Kozatek stated that some comp an ies do use the same blade .
Mr . Gerlick asked if there were ot her s who wi shed lo speak In opposition to
Title 15 .
Paul Hendricks
400 1 South Elati Street -stated th at he had new in formation to present to
the Co1m1is sion . Mr. Hendricks stated that he has
been at the State Capito l where consideration of a weed law which would apply
state -wi de ha s been under consideration. The 1 aw pa ssed the House on a 60 to
5 vote , but has been s 1 owed down in the Senate. This 1 aw would give a proper -
ty owner 10 days to comply with the law if cited, or the state would clear the
property and assess a 15% adm i ni stration fee. If this law is approved, it
will apply to the entire state and will sup er~ede any provisions enacted b;
the City. Hr . Hendricks stated there is a 1 so a provision t hat this 1 aw may
not be brought to bear on private citizens until the go vernmental entity is in
comp 1 i an ce . Mr. Hendricks stated that this standard of fair treatment for
governmental entities and private citizens should be applied to any ordinance
enacted by the City.
Mr . Gerli ck as ked if t here were further opponents who wished to speak . No one
else spo ke in opposi ti on .
Mr . Ge r lick asked if the proponent s wanted to rebut any connents made by the
opponents . No onP. spoke .
Becker moved:
Fi sh sec ond ed:
AYES:
NA YS:
AB SENT:
ABSTAltl:
Glynn ,
None
Shoop
None
The Public Hearin g on ,Case #1-90 be closed .
Fis h, Schultz , Tobin , Be cker, Covens, Daviet, Gerli ck
The motion carried.
Hr. Gerl ic k thanked members of the audience for the i r attendance and input,
and sta ted t hat the Commission will recess for a short tiir.e .
The Co1m1ission meeting rec onvened at 8 :30 P.M.
Prese nt: Fish , Schultz, To bin, Becker , Covens , Daviet, Gerlick , Glynn
Abse n : Shoop
-7 -
Chairman Gerli ck dec l ared a quorum present. Mr . Ger l ic k asked for d isc ussion
on the prop osed Ti t l e 15 . Member s of the Commission re vi ewe d t he pro po sed
Title 15 page-by-page.
Pag e 1 : 15 -1-3 --i nsert th e wo rd "th e" in th e first l ine before "Eng l ewood
City Cou nci 1".
Page 2 : De l ete lh e se cond 15 -1-4 De f i nit ions ard th e followi ng tw o lines.
Page 3 : No change.
Page 4: No cha nge.
Page 5 : No change.
Page 6 : The prohi bition of pla sti c bag s wa s di sc us sed. Mr . Wanu sh stated
th at pla st ic bags are to rn op en by animal s , and the trash and garbage
s t rewn ar oun d . This i s the reason for the requirement of the trash
contai ner with a top or cover that can be f astened or closed sec ure -
ly . Discus sion ensue d . Mr s. Romans po i nted out that Denver requires
cl os ed contai ner s, and that the En glewood Housing Code ha s a spec i fi c
proh 1 bit ion against use of plastic bags fo r the storage of tras h or
garbige. Mr . Wanush also pointed out that t he requirement that trash
conta iners be con ce a 1 ed by an opaque fence or sc reen is not a new
pr ovision . Discus si on en s ued. Mr. Wanush suggested that the wording
'or if in a closed container as described above " be add ed to t he end
of the definition of "Tras h Container' on Page 6 . This was accept -
able t o t he Commi ssion .
Page 7 :
The Co rrrn issi on di scussed Mr . Kozac ek 's concern about the use of yard
c lipp i ngs, l eave s, and branc hes as thatch i n parks , or for mulching
i n pr i vate yards . Mr. Wanush stated that this provi sion is not
c hanged , an d the operable word is "waste". Yard clippings, l eaves ,
e tc . used for compo sti ng or mul ching wa s not waste, and wou ld not be
in vi ola tion.
Mr . Fish questioned t he '1e fin ition of "truck" noting that it is to
carry 'pro perty", but nothing 1s said abou t ca r rying peop l e. Mrs.
Rom an s stated that thi s is the exist i ng de f init ion .
Mrs . Rom ans s tated t hat th e word "or" should be added to th e sec ond
l ine of the definiti on on Usable Open Sp ace.
The def i nition of "v ehicle" was co nsi de red.
use of th e word "vehic l e" i n defini ng s ame.
th ·s def i nition is from the Hodel Traffic
def\ni ion would cre ate a con f l \ct.
Hr. Fish questioned the
Mrs. Romans st ated t hat
Code , and to change t he
The defini t ion of weeds was co11sidered . The inclusion of heigh t
limita ion i n the def1,,iti on wa s of concern l o membe rs of the
Commis,;on. Mr. Fish s t at ed tha t a "weed is a weed no matter what
height 1 is". Hr . Fish further questioned the definition of weed ,
suggesting "D and el ions , t~orns, or th is tle bearing plants th at grow
wild wi ho ut maintenance or care" be used as a definition. Discus--
sion ensue d. M~. Becker suggested that a "weed is a plant where it
does rct belong."
-8 .
Pag e iJ:
Page 9:
The Corm,ission de t erm in ed that the defin 1lion of Weed would read :
"Weeds, gr as s , bru sh or othe r r ank or noxio us vegetation ."
Mrs . Romans s t ated that there shou l d be a se parate paragraph , not
par t of th e de fin it i on of Yar d , Si de, beginning w1lh ... be . "A. The
def in itions ... "
Mr . Schult z as ked i f the r e nee ded to be further clarif ica ti on of th e
definit i on of fro nt yard . Mr . Wanush stated that a fron t yard is
cl ear l y defined i n t he Cod e .
Mr . Fis h di scu s sed 15 -2-1 H. The way the provision read s , anyone
dr iving t hro ugh a mudd y all ey wou ld not be allow ed to exit to a
pub l i c s tree t beca use mud would be tracke d onto t he street . Mr.
Wanu sh s lated that this provisio n is ge ar ed to const ructi on tr u~ks
and s i tes . Enfo rcement of th is prov isi on was di scus sed.
§15 -2 -1 C was di sc uss ed . Ms . Oa vi et i nq ui red about si gns po s ted ad -
verti si ng garage si gn s , or for lo st animals . Mr . Wanush stated that
t here are s pe ci al pr ovisions governing garage sales , bu t ge nerally
s i gns pos t ed on ut111ty pol es, etc . are pro hi bited .
Page 10 : Mr . Fish stated t hat he questioned whethe r ther e were many r es i dents
whos e trash conta i ners are concea 1 ed beh in d opaque or non -see -through
sc r een s or fences. He asked if this provision is enforceable . Mr .
Wanu sh stated that i n his opinion , it co uld be enforced . Hrs . Romans
stat ed that this is not a new provi si on, and was instituted a number
of years ago to add r es s concerns about trash cans and baqs being left
in a'lley right -of-way . Mr . Wanush ~uggested that stri~t enforcement
of this provision wou ld be a good way to ensure cl~an up of alleys .
Ms. Davi et stated tha t she could f oresee prob 1 ems 1f this was t o be
s tri ctly enforced, in that a number of people on fixed inc om e would
have to expend fu r.ds t o creat e or i mpro ve such an ~rea. Ms . Oaviet
suggested that i t is a us eles s provis i on and should be el i mi nated .
01 scu s s i on ens ued .
Becke r mov ed:
Coven s se cond ed : Sect i on 15 -2-1 0 shall be re tai ned i n Title 15.
AYES :
NAY S:
Schul t z , Becker , Co vens , Gerl lc k, Glynn , Fish
To bi n, Oaviet
ABSEN T: Shoop
ABSTA I N: None
Th e mot i on carr i ed .
Ms. To bin spoke aga inst select i ve enfo r ce men t of s pec if i c pr ovisi ons of th1•
code s and ordin anc es .
Fage 10: §15 -3-1 A, Cutt i ng or remo ving of weeds, wa s con sid ered . Mr. Schult z
sta t ed th at he di d contact several munici palit i es , an d 6" was an
ave r age he i ght .
Covens mo ved :
Fi sh seconded: The ma ximu he ig ht for wee ds and gr ass e s i n §15 -3-1 A be
r ai se d fr om 6' to 8' .
• 9 .
AYES :
NAYS :
ABSENT :
ABSTAIN :
Tobin, Co vens, Davi et, Glynn,
Becker, Gerlick, Schultz
Shoop
None
Fi s h
The motion carr ied.
Mr. Fi sh sug gested that "or to a compost pile" ba added at the end of
§15 -3-1 A. This sugg estion met with th e approval of the Commission .
Ms . Tobin expre sse d co ncern that Xerisc aping ha d not been 3ddressed,
and wanted to make s ur e that t hi s was not prohibit ed.
Mr s. Ro mans stated that the last paragraph on Page 10 an d t he top of
Page 11 s hould be deleted .
Mr. Fish i nquired about the appeal process . Hr. ~anush s tated that cas es are
cited into Court where the a 11 eged offender has an opportunity to question t he
judgment or interpretati on of the Code Enfo rc ement Officer .
Page 11 : No change.
Page 12: No change.
Page 13: Hr . Schultz inqu i red whethe r the di stri bution of political handbills
would be permitted . Mrs . Romans stated that hand bi 11 s may no t be
placed in mailbo xes, and may no t be placed so they can be blown
about, but the r e wou l d b~ no proh i bition against polit ical handbills .
Mr . Fish inqui red ab out §15 -5-1 A. He stated that the maxim um tim e
of 4 hours for ve hicle s in excess of 7,000 pounds to pa r k on re si den -
tial s treets seems excessive. Mrs. Romans stated that thi s provision
is from Ti tle 11, and sh e knew of no problems that ha ve res ulted fro m
t hi s maximum ti me . Discu ssi on ensued. No ,:hange was made .
Page 14 : §§E was di sc ussed at length. Mr. Wanush s ugg ested that the wording
of the la s t sen tence be as follows: "All own ers and/or operators of
ve hi cles with snow pl ow s attached s ha 11 not stor e them on public
streets." Mem bers of the Commissio n felt that th is was a good
res olut io n to concer ns th at have been exp ress ed durin g the cour se of
the hear ing .
Th e recreational vehicle iss ue was dis cu ssed at length. Mrs . Becker
stated that 72 hours seems a long tim e to all ow recreational vehicles
tp be parked on-street. It was pointed out that somet imes vehicles
cannot be unloaded and moved to a storage yard, if that is wh ere the
property owner choo ses to keep i t, within 24 hours and that the 72
hour limit i s a reasonable time. Mr . Glynn a,ked ~nether a citation
i ssued for recreat io nal ve hic les is a "wa rning " or a "tidet ". Mr .
Sch ultz stated that it i s an ac ual "ticket".
§15-5 -2 B 4 wa s then di sc ussed. Ms . Oav1e t aske d ,f the issue of
concern was the parking of t ow trucks in residentia areas, or the
tow trucks with damaged vehi cles i r, tow that is the pro blem. Hr .
Wa nush stated th at ,t is his op inion th at the con cerns were ba sed on
· 10 ·
•
t he parking of the tow trucks themselves --this si gnifies a comer -
cial use in the minds of residents . Mr . Clothier 's allegations
reg ardin g the requirement t hat tow truck s be at the resi dence over -
ni ght was cons i dered . Mr . Wanu s h s tated that he would che ck the
wor di ng of the contract, and he would like to contact other comuni -
t i es to de termin e how t hey handle this iss ue. Mr. Gerl i ck s poke of
personal ex peri ence of owning pr operty next door to a resident who
had two tow trucks coming and going all ho urs of the night. Mr .
Co vens sug gested that tow truck s ~~ pro hib ited from park in g on-
stree t; if they were to be park ed on private pro perty , he would not
objec t lo their be ·lng in a residential area . Mr s. Tobi n expresse d
conce rn about "singling out tow tru cks", and discu sse d a problem in
her ne ighbo r~~od wit h a property owner giv ing mus ic l essons and re-
ci tal s, and the en sui ng tra ffi c congestion from this type of opera -
t ion . It ,ias po in t ed out to Mr s . Tobin that tow trucks are not being
s i ngled out ; that there is, in fact a list ing of f i ve types of vehi -
cl es which are proh ibited in residential areas . Furthe r d11cussion
en •u ed . Mrs . Becker slated that sh e wasn't co n vi need the response
l ime argument advanced by Mr . Cl othier justified I.he parking of
to,~in~ vehic les i n re si dential neig hborhoods. Mr . Fish agreed that
cor'l!lercial acti vit ie s in residential zones s hould be di scouraged, and
the tow in g busin ess does ha ve larger vehicle s that can cau se prob-
lems . Mr . Schultz inquired of Assistant City Attorney Brotzman
whether the t ow ing companie s were being "singled ' out . Mr. Brotzman
po in t ed out that the weigh t limitation of over 7,000 pounds of any
vehic le would al so apply to towing vehicles .
Th e Commission did not ma ke an y recomend ation on this issue, but
wil l defer it to the City Cou nc il.
Page 15 : Mrs. Becker expressed her concern that on som e bl ocks, one property
m;iy be surrounded on three sides by "ba ck yards" of the adjo ining
prop ert ies, which would mean that rec rea tional veh i cles could be
parked in the back yards of those three proper ties , but impact the
enj oyment of the front yard of the fourth property . Mrs . Romans
s uggested t he following statement : 'If there 1s no vehicular access
to the r ear yard , and 1f the rear yar d adjoins the front yard of an
adjacent prop erty, an alternate loc ation on the property ma y be ap-
pr oved by the di rector .•
This issu e wa s di scussed al len gth with no resolution. It will also
be re fe r red to th e City Counci l for det ermi nation .
§C 2 was considered by the Comissi on , and Hr . Coven s s uggested the
addition of the word i ng "dus t -free hardened " sur fa ce. It wa s also
suggest ed that gr av el be i ncluded, so tha• t he provision ~,oul d r ea d
" ... as phalt sur face . ur av e l , or ot her si .. :i larl y finished dust free
ha rden ed su rface."
Page 16 : No chan9e.
Pag e 17 : §15-6-2 was d is cussed, and the addition of refr i ge rator , freezer wa s
added 1n the t hird 1 ine after the word icebox.
Page 18: ll o ch ange .
-ll -
Mr . Gerlick asked the pl e asure of the Commission .
Schultz moved :
Covens seconded:
AVES :
NAYS :
ABSENT:
ABSTAIN :
Bec ker,
None
Shoop
None
The Pl anning Commission r ecommend t o City Co uncil that Sec -
ti on 16 -4 -1 of th e Comprehensive Zeni ng Ordinance be
rep e a 1 ed , and those pro vi si on s i ncorpora ted into the pro -
po sed new Title 15 as writ ten by the Environmental /Nuis an ce
Co de Task Forc o, and as am en ded by the Plann i ng Commissio n .
City Council is asked to gi ve par ticular co nsi deration to
the issue of overnigh t parking of t ow trucks in re side ntial
d istri cts, and the storage of recreational vehic l es i n rear
yards wh ere tho se re ~r yards may abu t the front yard of
another pr operty .
Covens, Dav iet, Ger li ck, Glyn n , Fi sh , Schu ltz, Tob in
'i i,.: motion carried .
VI. DIREC TOR'S CHOICE.
Mr. Wanush stated that two registrations have been made fot ' the APA Confere nce
i n Denver, one in the na me of L. Coven s, and one in the na me of H. Tob i n . Mr.
Wanush urged membe rs t o bring a l ist of ses sions they are interested i n 1t -
te nding to the office for coordina tion so t hat the regi st rat ions may be used
by as many members as pos si ble.
Mr s. Romans st ated that she would arrange a tou r of the City for new memb ers
of the Commissi on, and asked lf a Saturday mo r ning would .be conve ni ent . Mem -
bers wer e aske d to check their c alenda rs and notify Mrs . Ro mans of ava ilable
dates .
Mr s. Romans stated that s he has cop i es of "The Jo b of t he Pl ann ing Commi s -
si oner " for new member s who hav e not received a copy.
Vil. COMHISSIOHER 'S CHOICE.
Mr . Gerl ic k thanked members of the Comm i ssi on for their con cern du r ing the
time he was no t f ee ling well.
Mr. Schultz r eported that the Wa ste Manageme nt Task Force i s sti 11 working on
a number of i ssues, and hop es to have a report soon .
Mr. Cove ns i nq ui red about the agenda for April 4 . Mrs. Roman s s ta ed that a
s peaker fr om RTO has been sc hedul ed, and discus s ion on the Hou si ng Tas k force
Report is also sch ed uled . Di scu ssion e nsued .
The me et in g adjourned at 10 :35 P.M.
•