HomeMy WebLinkAbout2003 Ordinance No. 033•
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ORDIN ANCE N0 .J3
SERIES OF 2003
COUNC IL BILL NO . 28
IN TR ODUCED BY COUNC IL
Mt°:vtDER WOLOSYN
AN ORDINANCE AMENDf.\/G TITLE 1, CHAPTER 10, SECTION 2, •'ARAGRAP H 6, OF
THE ENGLEW OO D MUNICiPAL CODE 200 0 PEKT AlN ING TO PUBLIC NOTICES .
WHEREAS, City bodies authori zed to hold pu blic heari ngs include Cir, Council ,
Pl anning and Zo nin g Commiss ion , Board of Adjust ment and Appeals and l.~c Eng lewoo<l Liq uor
Li ce nsing Auth ority; and
WHEREA S, unl ess otherwi se allow ed by Charter, Ordi nance , or Statute , publ k notice
under the Eng lewood Municipal Code requires th at 11otice of a public hearing be i,.'JU bHsh cd at
least fifteen ( 15) days pri or lo th e hea rin g date; and
VII :EREAS , noti ce is published once in the Englewood Herald, th e ne wspaper
dtsignated by City Counci l as the official newspaper , whic h pape r is pu blis hed onl y once a week;
and
WHEREAS , Title 16 , Zoning Regulations , permit s notic e of he arings be fo re u,e Planning
and Zoning Commission or Board of Adjustme nt and App ea ls lo be publi shed at least ten ( I 0)
days prior to the heari ng ; and
WHEREAS , by Colorado Statute, the publication requirement for pu blic hearings before
the Liquor Authori ty is al leas t ten (IO) days prior lo the hearing ; and
WHEREAS, City Council feels th e publication requirements should agree for all City
bodies .
NOW, THEREFORE, BE IT ORDAINE D BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , CO LORAD O, TH AT:
Sec tio n I . City Council of the City of Englewood hereb y amends Tid e I, Chap1er I 0,
Section 2, Pr,ragraph 6, Publi c No tice, of th e Englewood Municipal Code 2000 to re ad as fo ll ows :
1-10-2-6 : Public No tice .
If required, publi c notice of the aate, time and place of the public hearing sha ll be give n
in the manner provided by the Chart er, Statute or ordinance pursuant to which sa id
he arin g is to be held . In the abse nce of !fl<!~ rrovisio n speeilie&!ly de lin eati ng
th e manner in whic h put.lie not ice is to be give n, not ice of th e date, time , pla ce and
purpo se of the hea ring to be held sha ll be publi shed once in that new spa per des ignat ed by
City Council as the City's official newspaper not less th an~ Im.!.L!l) day s prior
to the date of said hearing . In the eve nt the public hearing is postpo ned . noti ce shall be
given of the date , time and place to which th e hearing has been postponed , ei th er by
cau sing further notice to be publ ished , as above pro vi ded, or by publicly announci ng at
the da te, time and place se t in the original not ice, of the hearing 's po stpo nement , of the
new date , tim e and place when and where th e postponed heari ng shall be held .
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Section 2. Safety Clauses . Th e City Counci l hereby finds, determines , and declares that
this Ordinance is promulgated under the gene ral police power of the City of Englc \lood, that it is
prom ulgateJ fo r the health , sa fe~/, and welfare of1he public, and that this Ordinance is ne cessary
for the preservation of he alth and safety nnd for the protection of public convenience an d welfare .
The City Council further detcnnin f"s that the Ordinance bears a rational relation 10 the proper
le gislati ve object so ught to be obtained .
Section 3. Sevembility . If any clau se, sentence , para gra ph , or pan of thi s Ordinance or
the application thereof 10 any person or circumstances shall for an, reason be adjudged by a co urt
of compe tent jurisdiction invalid , such judgment shall not affect , impair or inva li date the
remainder of this Ordi nance or it application to other persons or ci rcum sta nces .
Section 4. In co nsis tent Ordinances . All other Ord inances or portions thereof inconsistent
or conflicting with this Ordinance or any portion hereo f are hereby repealed to the extent of suc h
inconsistency or conflict.
Section 5. Effect of repeal or modificati on. The repeal or modification of any provision
of the Code of the City ofEnglewood by this OrJinance shall not release , exti nguish , alter,
modify, or change in whole or in part any pen alty, forfeiture , or liability , either civil or criminal.
which shal l have been incurred under such provision , and each provision sha ll be treated and held
as sti ll rcmainin " in force for the purposes of sus1aining any and all proper actions , suits ,
proceedings , and prosecutions for the enforcem ent of the penalty , forfeiture , or liability , as well
as for the purpose of sustaining any judgment, decree , or order which can or ma.v be rendered ,
entered , or made in such actions, suits, proceedings, or prosecutions.
Section 6. Penalty . The Penalty Provis ion of Section 1-4-1 EMC shall apply to each and
every ·:iolation of this Ordinance .
2003
Introduced , read in full, and pa sse d on first reading on the 1• day of April , 2003 .
Published as a Bill fo r an Ordinance on the 11 • day of April, 2003 .
Read by title and passed on final reading on the 21" da y of April, 200 3.
Pub lished by title as Ordinance No. 33 , Series of 2003 , on th, 25 • da y of April ,
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I, Loucrisbia A. Ellis , Ci ty Clerk for the City
cenify the above and foregoing is a ttue copy of the O din c
publi shed by ti0e as Ordinance No. 2£, Series .
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COUNCIL COMMUNICMION
Dale I Agenda Item I Subject
Amendm ent to Tit le ·1 Regarding
Ap ril 7, 2003 11 a ii Pub li c Notice
INITIATED BY STAFF SOURCES
Community Deve lopment Departm ent Trici a Lang on, Se ni or Plann er
Fin ance & Administrative Servic es -Citv Clerk's Office Lo u Ellis Citv Cl erk
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
No previous Council ac ti on has taken pla ce rega rdin g this matt er.
RECOMMENDED ACTION :
Staff recommends that City Co un ci l approve th e proposed amendment to Title 1 Administrative of
th e Englewo od Municipal Code pertaining to publi c notices.
BACKGROUND :
Ci ty bodies au thorize d to hold publi c hearings incl ude City Council, Planning and Zoning
Commission (Co mmissio n), Board of Adjustment and App eals (Board) and th e Englewood Liquor
Li ce nsing Authority. Occasionally oth er Ci ty depa rtm ents or agencies conduct public heari ngs (i.e .
Safety Serv ice s conducts annual hea rings for public input on th e distribution of grant money
rece ived by th e Department ).
Unless oth erwise allowed by Charter, Ordinance, or Sta tut e, 1-1 0-2-6 : Puu -'ic Notice of th e
Englewood Municipal Code requires that notice o f a public ;,earing be published at leas t fifteen (15)
days prior to th e hea ring date. Th e noti ce is published once in th e Engl ewood H era ld, the
newspaper des ignated by Council as th e officia l newspaper. Th e Englewood Herald publi shes on ly
once a week.
Titl e 16 (Z oning Regu lati ons) permits noti ce of hea rings before th e Commi ssion or Boa rd l o be
publis hed at lea st ten (1 O) days pri or to th e hea rin g. Lik ewise, by Co lo rado Sta tute, th e publication
requirement for public hea rin gs before th e Liquor Authority is at leas t ten (10) days prior to th e
hea rin g. City Co un cil and oth er age ncie s that require publ ic hea rings ad here to th e Titl e 1
requirement of al least 15 days pri or l o ,lie public hea rin g.
ORDINANCE PROPOSAL :
Th e propose d amendmen t redu ces th e minimum req uired number of da ys prior to a publi c hea rin g
th at a notice mu st be published . Th e proposed amendm ent foll ows:
1-10-2-6: Publi c No tice
If required, publi c notice of th e da te, tim e and pl ace of th e public hea ring shall be give n in
th e mann er provided by th e Chart er, Statut e o r ordinance pursuant l o w hi ch said hearing
is to be held. In th e abse nce of !Re any specific □rovisions ~ deli nea ting th e
mann er in whi ch public notice is to be given , notice of th e date, tim e, pla ce an d purp ose
of th e hea rin g to be held sha ll be publish ed once in th at news paper des ignated by Ci ty
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Cou ncil as th e City's offic ial news pap er nol less th an ~ ~ da ys prior to th e
dat e of sa id hea rin g. In th e eve nt th e publi c hea rin g is po stp oned, noti ce shall be give n of
th e date, tim e and plac e to whi ch th e hea ring has been pos tp oned, e ith er by ca using
furth er noti ce to be publi shed , as above pr ov id ed, "r by publicly ann oun ci ng at th e date ,
time and pla ce se t in th e origin al noti ce, of the he,,rin g's pos lponemenl , of the new dale,
tim e an d pl ace whe n and where th e pcstponed hea rin g shall be held.
ANALYSIS :
Th e pr oposed ame ndm ent reduces lh e requir ed nu .nb er of days prior to a hea ring that a notice
musl be pub li shed from fifteen to len days. Regular 1:ouncil meetings occ ur twice a month and it is
not possible to meet th e fifte en da y requirement within th e fourteen da ys typica ll y between Counci l
mee tin gs. Therefore all Co un cil busin ess that req uires a publi c hearing is dela ye d one additional
mee tin g.
Th e ten da y notice provides adequa te public notifi ca ti on of an up co ming public hearing and is
intend ed to:
1. Manage City busines s in a timelier mann er .
2. Shorten the deve lopment appli cation process. As recen tl y noted by th e Allian ce for
Comm erce in Englewo od, th e tim e it takes to co mplet e deve lopm ent proce dur es is costly
and hinders dev elo pment more than processing fees .
3. Keep issues in th e forefront by permitting a pub li c hear in g to occ ur at th e ne xt sc hed uled
Council meeting rath er than one month fo ll ow ing First Rea din g. and
4. Expedite adoption of eme rgen cy ordinances, when need ed .
Staff has discussed this proposed amendmen t wi th th e City Clerk as we ll as represent at ives of Safety
Serv ices and the Utility Department, who endorse thi s proposal. Pleas e see th e attached E-mai l
from Ci ty Clerk Ellis supporting this proposal.
FINANCIAL IMPACT:
No finan cia l impacts are identifi ed.
LIST OF ATTACHMENTS :
E-Mail : Lou Ellis
Bill for Ordin ance
Tricia Langon
e;From :
ant :
o:
Subject :
•····Orig ina1 Mess ,ge•····
r-rom : Lou Ellis
Lou Ellis
Monday. March 24 , 2003 1 :26 PM
Tr icia Langon ; Na nc y Reid
FW : EM C 1-10-2-6 Pub lic Hea ring Notice timeframe
Sent: Monday, March 24 ,, '103 1:18 PM
To : Tricia Langon
Cc: Nancy Reid
subject: EMC 1-10-2-6 Public Heanng NoUce timeframe
I understand you are propos ing a change to EMC 1-10-2-6, which would shorten the publication of the public hearing
no tice from 15 days prior to the public hearing to 1 0 days pr ior to ihe public hearing .
I am not aware of anyth ing this would impact negatively.
There have been situations where the shortened limeframe wo uld have allowed the iss•Je to be handled in a more timely
man ner .
The Code allows for situations where specif ic provisions would ove rride this requirement , which would be the case for
various types of Liquor Licens ing public hearings. So , I feel th is would be a very positive change .
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