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Home My WebLink About2004 Ordinance No. 014• • • ORDINAN CE NO . d SERIES OF 2004 BY Au i'HOR ITY C0l!NC!L BILL NO . 10 INTA OOU .ED BY COUNC IL MEM ER WOLOSYN AN ORDINANCE AMEN DING TIT LE 15, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL CO DE 2000 BY TH E ADDIT IO N OF A NEW SECTION 4. RELAT"-IG TO OUTDOO R STORAGE IN RESIDENTIAL , BUSINESS AND INDUSTRIAL ZONED DISTRICTS IN THE CITY OF ENGLEWOOD . WHEREAS. the storage of "junk" is regulated by 15 -7-2 EMC ; and WHEREAS, there is cu rrentl y no provision regulating storage of oth er personal prop cn y in the public view in Re si dential Di stric ts; and WHEREAS, the City Council , thro ugh its polic e powers, .,nJ; that it is necessary for th e health safe ty and we lfa re of the citizens of Englewoo d to regu late th e storage of personal propert y outdoo rs; NOW , THEREFORE, BE IT ORDA INED BY THE CI TY °>°'UNC IL OF THE CITY OF ENGLEWOO D, COLORADO , AS FOLLOWS : ~-Title 15 , Chapte r 7, Eng lewood Munici pal Code 2U00 , is hereby amended by the addition of a new Sectio n 4, to read a, fo ll ows : 15-7-4 : Outdoor Storag e of Personal Propeny : AH Rc sidcntil!IJlliltilli. 1 It shall be unlawful fc\!' 1ny per so n to s101~ ..... ir. Jlllil! ~ 1hc from yard as dpGJ .,d in J6-4-l7/cll 2ill~.. -,me nded from porch or are;; , . .-;;iblc from th e street of any re sid en:1ally zoned property in the City excep t as provided by sub sr.ct io n 3 of thi s section ~ Perso nal propcrtv is deflncd as items such .iS but no t~ g-=-~ocr tops ho usehold appliances household furniture househo ld fl xtur<.s bu ilding material s land sca pe materials and machin ery , i Th e following exc rptions sba 1I not vio late thi s provj s.i,Q_n.; ~ Pcrmaocntly installed facilities ~ Bicycle s and similar vehicles not powered by a motor -1- 11 bi ~ Goods offered in a 000 ::eo mm erc ial vard sn le may be stored fo r o. penod not to exceed foay•eight 14bl ~ ~ Lnwn fumiiur e inc ludirui,.__b_u_i_not limited 19 table s chair s umbrellas ;ind benche s co mmon ly nssociatcd with garden/lawn fiwlil= ~ Furn iture and oth er hou~cbold go ods asso ci;ucd with moving imo or out of any residentiol stru crurc may be stored for a perio d not ~seven (7) days , t Landscaping mat erials to be installed on the sa me lot(sl tha1 th ey are stored upon may be stcrcd for a period not 10 excee d fiOccn ~ i! Fencing materials to 12.LI.lsed tor the comaruction of fences on th~ rn iot(s) that t~are stored upon may be sto red for a period not to exceed tbiay (3 0) days ~ Building materials to be used for construction of struc tures or facilities on the same lot(s) that they arc stored upon may be stored for n period 001 to exceed ninety (90) days ~-Responsible Po.ny . The owner of the persono.l propert y as well as the occupant and own er of th e property where such personal prom•nv is stored shall be responsibl e for the maintenance of such prop;.rtv in compliance with thi s Chapter . ~ Safety Clau ses The Cit y Council hereby find s, determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewoo~. that it is promulgated for the health , safety, and welfare of th ~ public , and that this Ordinance is necessary fo r the prcscrvatior of health and safety an d fo r the protection of public co nvenience and welfare . Th e C:i ty Council funher determine s that the Ordinc.nce bears a rat ional relation to th e pro per le gis lati ve object sought to be obt,.med. ~ Sevr.rabjlj tv If any clause , sentence, paragraph , or pan of thi s Ordinanc e or the application thereof to any person or circumstances shall for any reaso n be adjudged by a coun of competent jurisdiction invalid, such j udgment shall not affect, impair or in valida te the remainder of thi s Ordinance or 11 app lication to other pe rsons or circum,;tances. ~-Inconsistent Ordinances All other Ordinances or ponions thereof inconsistent or co nflicti ng with thi s Ordinance or any portion hereof arc hereby repealed to the extent of such inconsi stency or confli r . -2- • • • • • • ~-~ r,;peal or modjficatjon . The repeal or modification of any provis ion of the Code of th e City of Englewood by this Ordinance sha ll not release , e<tinguish . alter. modify. or change in whole or in pan any penalty. forfeiture , or liability. either civil or crim inal. which shall have been incurred under such provision , and each provi sion shall be treated and held as still remain ing in force for the purposes of sus tai nin g any and all proper actions , suit ~, proceedings , and prosecutions for the enforcement of the penalty , forfeirure . or lia bility , as well as for the purpose of sustain ing any judgment, decree, or order which can or may be rendered. entered. or mad e in such ar.tions , sui ts, proce edi ngs, or prosecutions . ~-~ The Pe nalty Provision of Section 1-4-1 EMC shall apply to each and every vio lation of this Ordinance . Introduced , read in full. and passed on first reading on the I" day of March , 2004 . Published as a Bill for an Ordinance on the 5th day of March , 2004 . Read by title and passed on final reading on the 15th day of March. 2004 . Published by title as Ordinance No .F, Series of 2004. ,~o4 . CF· I, Loucrishia A. Ellis . City Clerk of the City of Englew oo d, Col orado , hereby cen ify that the above and foregoing is a true copz,,Jf the Ordin passed on final reading and published by title as Ordinance No . q , Series of d.~ Loucrishia A. Ellis -3- COUNCIL COMMUNICATION Date March I , 200 4 I Age nda Item I Subject: I I a ii Outdoor Storage Initiated by Safety Services Department I Staff Source Lieutenant John Collins 1.OUNCIL GOAL A ND PREVIOUS COUNCIL ACTION: At th e Febr uary 1 7, 2004 St udy Session, Coun cil and staff discuss ed this proposed o rdin ance that adds a new sec tion to the Englewood M unicipal Code to address the iss ue of Outd oor Sto rage. RECOMMENDED ACTION: Staff seeks Counci l support lor this ordi nance that adds a new sec ti on to th e Engl ewood M unicipa l Code (EMC) to ad dress storage of perso nal property in th e public view. • BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED : • A l the request of City Council, staff worked with th e Code En for~ement Advis ory Committee to deve lop requirements related to ou td oor storage. TI1 e current ordin ance ad dresses onl y th e sto rage of "j unk " and not othe r personal property visibl e to the publi c. This proposed o rdin ance addresses storage of pers o nal pro perty in th e public view, and prov ides rela ted definiti ons. fl"ANCIAL IMPACT Non e. LIST rn AlTAC HMENTS Pro posed Bill fo r an Ordinance