HomeMy WebLinkAbout2000 Ordinance No. 007ORDINANCE NO .+
SERIES OF 2000
BY AUTHORITY
f.
COUNCIL BILL NO . 7
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING VARIOUS TITLES OF THE ENGLEWOOD MUNICIPAL
CODE OF 1:l85 RECOGNIZING THE ORGANIZATIONAL STRUCTURE OF THE CITY.
WHEREAS, this will coordinate the Code with Article VII of the En!llewooci Home Rule
Charter; and
WHEREAS , there are numerous plR <ao 1Il the Code that 11r0 d to be clarified to rci!rct the
spirit oftbe City and City Manager form of government and the current method of
operation of the City ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Sll:ilmLl-Title 1, Chapter 3, Section 4; Englewood Municipal Code of 1986, is hereby
amended by inaertion or deletion of the following amended definitions in alpbebetical
order, as follows :
CHIEF BUILDING OFFICIAL,
CHIEF INSPECTOR, CHIEF
BUILDING INSPECTOF OR
BUILDING OFFICIAL
TRAFFIC ENGINEER :
'Rlo Gaiof Blliltliftr Qlieial er •~•h ••"•
iMpellMN, "'11ntt.iea 11:1Hl aaaieYBII ill '8e Pul,He
Wa,ke Qep&nlllen~ • ha ■a, l,e a .. iM!i:tiell '8
eaiereo epeeiii, pre ilieeo efll,;e GeM.
WHERE THE'.:E TERMS ARE USED IN THIS
CODE OR ANY SECONDARY CODES ADOPTED
BY REFERENCE HEREIN, THEY SHALL MRAN
THE PERSON DESIGNATED BY THE CITY
MANAGER WITH THE TITLE OF CHIEF
BUILDING OFFICIAL.
'Phe • erd "eMlt" inehul-ee alirmaMn aerl \fte ward.
"Heu" Ulehulee ,he a,d afilll:, &¥P· .,........_
el'ti 118:lemen• ltftd:er ea,h er a8ina ;ee-t.
~ml,raeeel i:a \fte tel'l!l "leoti:fy" a, · ~
ea, STATEllE~l'l' in tohe '""" "~,;-
THE TRAFFIC ENGINEER, AS DESIGNATED BY
THE CITY MANAGER OR SUCH OFFICERS AND
ASSISTANTS DESIGNATED TO ADMINISTER
ENGINEERING , OPERATIONS, AND
MAINTENANCE OF TRAFFIC WHICH MAY BE
AU'l'HORIZED UNDER THE PROVISIONS OF
THIS CODE .
~-Title 1, Cbepter 4, 1.iection 6 • CITY JAIL ; CONFINEMENTS , Engl..,•ood
Municipal Code 1986, io hereby amended as follows :
A. Jail Record Book . The 8oielj 80.,,;001 PiNol• , 11 IHOpor •'i'!'• lli., jllil1 CITY
shall maintain a jail book in which ,hall be entend tho folloW\nl information
relative to each penon received, detained or ordend confined in the City jail: the
jail aerial number uoigned, the name, age, eex, residence, charge, .. ntenco, date
and time received , date and time released and the credits allowed for work
aoaiped or good behavior.
B. Penona Confined Required to Work. Any pereon committed to jail for a violation of
the Code may be required to work for the City at auch labor II may be desipated
by the 8afei, 8,., ·••• Direoler CITY MANAGER OR DE SIGNEE, within or
without the jail, not exce«ling ten (10) hours for each working day.
C. Credits Issued.
I. Credit on Jail Sentence. The Safei, 8er,,ieeo !Nooler CITY MANAGER aluill
have the power to reduce the eentence of a peraon confined under a jail
sentence imposed upcn him, where the person ao confined does all work
asaigned to him, abideo by the ruleo of tho jail and all inotructiona given him,
and othenme conducts himaelf in a proper manner. Such reduction of
sentence because of good conduct shall be computed one day for each two (2)
days eerved ao that each three (3) dayo ofhia eentence may thuo be aerwd in
two (2) days.
2. Credit on Fine. Any peroon imprisoned for nonpayment of a fine . who ii
required to work for the City aa provided herein, ,hall be allowed, excllllive of
his beard, the additional credit of two dollan ($2.00) per day for ear.h day's
work, on account of auch fine and coets.
~ Title I , Chapter 4, Section 7 • RESTITUTION TO VICTIMS OF ORDINANCE
VIOLATIONS, Englewood Municipal Code 1985, ii hereby amended by adding a new
Paragraph F to read aa follows:
F . ENGLEWOOD MUNICIPAL COURT SHALL BE RESPONSIBLE FOR
COLLECTING RESTITUTION PAYMENTS FROM DEFENDANTS FOUND
GUILTY OF ORDINANCE VIOLATIONS AND DISBURSING THE SAME TO
THE VICTIMS .
Smi1u1.J. Title I , Chapter 6, Section 2 • DEPARTMENTAL ORGANIZATION,
Englewood Municipal Code 1985 , is hereby amended aa follows :
A. The departmental organization of the City shall be divided under the City Manager
into the following derartments ... ~ ilifee'8ra lftepesr:
Adminiatrative Services
Fi:Ba11Ml Sermieeo E>ireeler ef f:maeeial
&Mtffieie Gi'J 'FPeaallfttt
•
•
Community Development
HUMAN RESOURCES
Libraey Service•
Public Works
PARKS AND Recreation 8etoieee
Safety Service s
Utilities
9ift-of s,-llllii,
De 11ie,■11a•
Direeter ef Reareahaa Sar :ieee
m .. eier af Ylililiea
B. Reference to a department director If dep-•■I he otl in thiB Code by ony title
other than oot forth in this Section ahall he conotrued to refer to the deparanent
ileatl DIRECTOR as set forth herein.
C. Qa o lomps,al'! hoeie Th e City Monoger ma,y , ON A TEMPORARY BASIS,
reassign duties and responsibilities to departments in the beat. intereeta of the City .
~-Title I , Chapter 6B . DEPARTMENT OF ADMINISTRA'T.WE SERVICES ,
Englewood Municipal Code 1985, is hereby amended ao followe :
ARTICLE B DEPARTMENT OF ADMINISTRATIVE SERVICES
l-6B-l : GENERAL RESPONSIBILITIES : The Department of Adminiatrative Semce1
shall be responsible for all maltera ,ele'-C '8 lia'6 JH ■e 1, eeaRal 1NNl1 rilk
ma,....eoenl, ,.,,hoeillc aad emplsi ee relalieoe, THE DMSIONS OF REVENUE ,
BUDGET, ACCOUNTING , INFORMATION TECHNOLOGIES , PURCHASING AND
CITY CLERK. IT SHALL BE THE DUTY OF THE DIRECTOR TO ACT AS EX OFFICIO
CITY TREASURER AND FINANCE DIRECTOR FOR PURPOSES OF STATE
STATUTES ; TO ACT TO PROMOTE , SECURE AND PRESERVE THE FINANCIAL AND
PROPERTY INTERESTS OF THE CITY IN ALL CASES WHERE THE DUTY IS NOT
EXPRES SLY CHARGED TO ANY OTHER DEPARTMENT OR OFFICE.
~ilul.J. Title 1, Chapter 6C, Englewood Municipal Code 1985, is hereby deleted.
P ll'l'ICbK Q lll!PIR'RQ;~J!I' QF FIN-.>ICIAL 81!1WIC88 .
I SC I . Ql!Nl!A Y, Rl!8PQ~l8111lbl'l'IES . 'l'he llop..-M of Fillaaeiol Se,.;oe, ehall ha
,ee19er1aihle fer Wte 1H ieiea ef Re e111:1e , 81:1.d,e1, i\eeeuati:Bf, ea Ci-,i Glerll . II 1hall 811 lhe
811"1 ef Hie Difener ef ~Hlaaeia:l Sep,~eee , e,. o&ieie C2i'7 'P.ee1ltl'er, '8 aea '8 prema'8,
eeetH'e. aad preoeP e '8e iweiel aad p,apell!, ia'8reaie artee Gi., HI til euea whe,e '8e
d.1:1:i) ie aet. e~reooh ehH1ed M an, eiher depaftlllefti er effiee .
lltmlla.1. Title I, Chapter 61), Englewood Municipal Code 1985, is hereby chanced to
Chapter 6C, as follows:
ARTICLE~ DEPARTMENT OF COMMUNI'IY DEVELOPMENT
1-&D C-1 : GENERAL RESPONSIBILJ'M&B: The Department of Communit> Derilopment
shall be reaponaible for the formulation, administration 11nd implementation of all
planning, environmental , ho111in11, health, sanitation and redevelopment program• within
the City 01111 ahell ellfe,ee eoliea ralelie1 le aai,i PHl'amu; ahall aeoist the City Planninc
and Zoning Commisaion in preparation of the Maater Plan for the phyaical, IIOCial and
economic development of the City; ahall inspect aubdiviaion plata for compliance with the
Subdiviaion Code; and ahall assist the Board of Adj111tment and appeals by providing
information and recommendations on msttere considered by said Bo~.
~ Title I, Chapter 6D, Englewood Mi:nicipal Code 1985, is changed to add a new
Department of Human Resources , as follows :
ARTI CLED DEPARTMENT OF HUMAN RESOURCES
l -6 D-l: GENERAL RESPONSIBILITIES : THE DEPARTMENT OF HUMAN
RESOURCES SlfALL BE RESPONSIBLE FOR ALL MATTERS RELATING TO:
RECRUITMENT AND SELECTION, ORGANIZATIONAL TRAINING AND
DEVELOPMENT, COMPENSATION AND CLASSIFICATION, EMPLOYEE AJl.'D.LABOR
RELATIONS , EMPLOYEE BENEFIT AND WELLNESS PROGRAMS, PERSONNEL
POLICIES AND RISK MANAGEMENT.
~ Title I, Chapter 6F -DEPARTMENT OF PUBLIC WORKS, Englewood
Municipal Code 1985, is hereby amended as follows :
l-6F-l : GENERAL RESPONSIBILITIES: The Department of Public Worka shall be
responsible for all matters relating to construction, management. maintenance and
operation of the physical properties of the City, including, without limitation, stnet and
•urface draina11e maintenance, traffic systema, central garage facilitiea, engineering, pMlte
and building maintenance; the administration, deoign, inspection and com-dination of the
capital improvement programs of the City, aa well as the contract adminiatration with
reference to the review of epecifications; the providing el-legal deacriptions and surveys
when nece&aary or required ;~ PROVIDING estimates of value relating to real
property and $he PROVIDING preliminary inveatigations relating to ownership of land
and building safety .
Sectjop JO Title 1, Chapter 60 • DEPARTMENT OF SAFETY SERVICES, Englewood
Municipal Code 1985, is hereby amended as follows :
1-60-1 : GENERAL RESPONSIBILITIES: The Department of Safety Services aha11
oversee all police functions, including patrol, investigations, THE RESERVE POLICE
FORCE , ad.L'llllistration , community relationa, APPOINTMENT OF SPECIAL POLICE ,
and animal control; and all fin functiona, including suppreBBion , prevention,
administration, rescue AND AMBULANCE services, ENFORCEMENT OF REGULATORY
PROVISIONS. FORMULATE AND CONTROL A HAZARDOUS MATERIALS
COMMUNITY RESPONSE PLAN, training and volunteers : and all central
communications.
The titles "Dir~ctor of Safety Services" and "Safety Services Director" are synonymous with
"Chiefof Police", "Police Chier, "Chiefof Fire", and "FiI-e Chier for all purpoaes under the
applicable la ws of the State of Colorado and the United Statea of America .
I &C a. PQLIC8 91¥1SIQN.
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SKWm..U. Title 1, Chapter 6G , S!Ction 10, Englewood Municipa! Code 1985, ia hereby
renumbered to Title 7, Chapter 7, Soction 7, aa follows :
~ 7-7-7 :EMERGENCYMEDICALTRANSPORTFEES:
A A fe<, shall be charged for any pera on transported by the Englewood Fire Diviaion.
The fee established shall be the usual and cuatomary charge for such service in tbia
community. The City shall contribute a twenty percent (20%) subsidy to EOllewood
relidenta.
B. "Tran8port" shall mean the actual physical tranri><>rt from one place in or near the
City to another place by the use of tranaport O<lllll)ment of the Englewood Fire
Department.
C. The City Manapr •hall cauae to have promulgated in writin& reuonable billinc
and collection procedures .
D. An ambulance billing n,view pan el, conaiating of membera of the community and
City stair, shall be established by the City Manapr to hear appeala and proteata ,
and to make ndjustmenta to transport fee billings when deemod reaaonable and
appropriate . Unle ss otherwise determined, failure to pay the fee eetablished shall
constitute a violation of this Section .
E. l'be •ifective date for implementation of this Section will be January 1, 1995.
~-Title 1, Chapter GG , Section 11 , EOllewood Municipal Code 1985, ia hereby
renumbered kl Title 7, Chapter 7. Section 8, as followe :
~ 7-7-8: VEfilCLE IDENTIFICATION FEES:
A fee ,ball be charged by the City for the servicea of conductinc certmed and noncertifled
inspections of vehicle identification numbera. The fee shall be aet by Council reeolution.
•
•
The Safety Services Da;;mment ehall estahU.h a policy for checkin1 vehicle idenlillc:alioa
numben.
StctiAR 18 Tille 1, Chapter 61 , Enaiewood Municipal Code 1985 , is hereby amended u
follow1:
1-6 1-1 DEPARTMENT OF PARKS ANO RECREATION~
1-61-1: GENERAL RESPONSIBILITIES : The De~artment of PARKS AND Re=ation
8MYieee shall provide recreation prollf1UIIS and services utilizin1 the varioua recreat.ion
facilities in the comlllunity and ohall operate and maintain the aol! rouree, BALL FIELDS,
SHELTER HOUSES , PLAYGROUNDS, BEACH , OR ANY OTHER OPEN AR~ OWNED
AND USED BY THE CITY DEVOTED TO OR DESIGNATED FOR ACTIVF. OR PASSIVE
RECREATION.
~ Tille 1, Chapter 10, Section 2, Subsection 3A · NATURE OF HEARINGS,
~.ngle\Vood ,vhlllicipal Code, is hereby changed u follows:
A. Quasi.Judicial Hearinga: The provisions of Section 1-10-2-7 hereofahall be
applicable only to thoae hearinga where the hearing b.xly iB called upon to ezemae
a power of a judicial or quasi-judicial nature, which, for the purpoee of thi., Section,
shall be deemed to include, hut not be :imited Ill , the following :
I. Hearings before the Liquor Licensing Aath-lrity upon application for the
iaauance, or hearings for the suspension or re ·.,ocation of liquor or fermented
malt beverage licenses;
2. Hearinga before the City Council upon ordinances which :r..,;,, or l'HOIUl realty,
ordinances which annex property to the City , and upon all appe.!• from the
decisiona of any City official, board or commission where such an •p~l iB
e uthoriud by Charter, Statute or ordinance, and which requires a, eviden,iary
\,earing to determine such appeal;
3. Hearings before the Board of Adjustment and Appeals;
4. Hearin&& before '8e Be&Nl a{ GMeer SeMee Genuaiseienere A HEARING
OFFICER upon appeaie from disciplinary actions against employees;
5. Hearings before the City Council or any board or commission or official
respecting the issuance , suspension or revocation of any license issued by the
City , or the imposition of any aaaesaments or penalties;
6. Hearings before other boards or commissions that meet the requirements of a
quasi-judicial hearing as established by the Colorado Supreme Court.
~ Title 2, Chapter 4, Section 3 · POWERS AND DUTIES , Enilewood Municipal
Code 1985 iB hereby amended ae follows :
The Parks and Recreation Commiasion ohall have the following powers and duties:
A. ~ '9!ilie ADVISE City Council in all matten ptrtalnin1 to rec:rutlan.
B. Prepare annually a parka and recreation muter pltll for the dc,velopment and
maintenance of a m:xtem and adequate parka and rterei.tion 1y1tem. 1
C. Act aa a soundinc board of the community and 1athe1· and &IHU the facte and data
neceuary to make &0und recom.mendationa to the City Council in Proyidlns
recreation aervicot . The Cornmiuion, with the approval of CliY Cowicil, ma, ,,rm
committeea made up of CC'mmiuion memben aa well u citizena u needed to
research programs that call for oxtenaive time and di1cuulon . Thue commi-
will be advlaory only to the Parka and Recreation Commiasio~. ·
D. Review the annual parka and rem,ation bud..,t ca aubmitted from the Department
.,: PARKS AND Recreation lieMeee to the City Manapr and make
recommendations to City Council if the Commiaaion deem, rxeaaary.
E. Adopt rules and regulatioru; for the co nduct of the Commission meetinp and dutle1
of ita officers and committee s.
F. Meet monthly.
Sectjog 18 Title 2, Chapter 7, MUNICIPAL EMPLOYEES ADVISORY BOARDS ,
Englewood Municipal Code 1985, ia hereby amended aa follows:
2-7: Municipal Employee• Advisory Boards.
a 1 1, G""""' s ... ~ .. 11.....i
a+a 2-7-1: Retirement Board
a 7 I . Gl.1111:i,R 8ER'qGK 119.'z.'ID .
There NI Be.eh, eaNl9lilheil a SMeer 8e~;ee Beutl fer tlle Qd5 1 1aili BaHll '8 11~ 111,1111iae4
ell '8 ha e $ee pe, era , d11tiea &BB Nfteliiene ae aet e111 itJ: 'Pille 3, Ge:a11ter 3 ef\hil
~
a+a 2-7-1: RETIREMENT BOARD:
There ia hereby eatablished a Retirement Board for the City, said Boo.rd to be organized
and to have the powers , dutiea and functions aa set out in Section 3-6-11 ofthia Municipal
Code .
~ Title 4, Chapter 1, Section 1, Englewood Municipal Code 1985, ia hereby
amended na follows:
4-1-1 : DEPOs,·~ OF MUNICIPAL FUNDS: Tbe ;g;,.,.., s(:l'H1aaeial Se.,~ees , e• elieis
Gil) 'l'Peae ... er CITY shall deposit all funda and monies of whatever kind that ahall come
into llielher ITS possession hi · '"'e s( lti9/l,er alliee aa s~el, 9ire,.., in the name of the
City, in one or more responaible banks located in the State of Colondo which have
theretofore been approved and designated by resolution adopted by a majority vote of the
City Council .
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9tGUpp 11, 'J'jtle 4, Chapter I, Section 2, En1lewood Municipal Code 1985, ia hereby
ameadadufollowo:
4•1•2: INVESTMENT OF MUNICIPAL FUNDS: The llif1111r of l'iftaaoiel 80.,,;001, ••
elioie Gw, 'l'Neo..,,, CITY sball lnveet all fund, and monie ■ not iml!'ediately needed Cot
the operatinc expenses of the City, except for the Firefi1hten Penaion Fund, the Volunteer
Firefishten Peiaion Fund, tho Police Officen Pension Fund, Non-Emercency Employees
Retirement P io n Fund and other City employee retirement plans, purauant to an
investment policy which shall ba adopted by Council reaoiution each year.
Scotiog l!I. Title 4, Chapter I, Section 3 · MUNICIFAL PURCHASE PROCEDURES,
Englewood Municipal Code 1985, is hereby amended as follow ■:
A. The City Council shall have the authority to authorize the City Manaser to
purchase commodities , equipment , devices , machinery, materials a.nd par:.:a upon
the oi>en market or through negotiations and witt.J.out receiving sealed , competitive
bida therefor, in the followin1 seneral aituatione:
1. In the purcllase of special equipment, devicea, machinery, mabirials and parts
provided that the same are available only from one aource and no similar
devices are available or able to satisfactorily serve the needa of the City.
2. In the purchase of materials, equipment, machinery or deVJ,-es ,.-:iere the
standardization of such materials and equipment ia necessary to ensure the
proper functioning of exiatin1 equipment, machinery or devices and/or to
prevent the duplication of existin1 equipment.
B. The City Manager ftM-llie OR desii:neeHball have tho authority to purcllase
supplies, materials and equipment in exceu of one thousand dollara ($1,000 .00)
upon the open market or through negotiatione and without receivinl sealed,
competitive bida therefor, in the followin1 situations o.nd subject to the following
conditions, provided that none of such purchases shall exceed ten thousand dollars
($10,000.00):
1. In the purchase of water meters, fire hydrants, gate valves and fire hose ,
provided that notice ia given to all tirms within the City offerinJ the identical
items for sale and eac1 i• given the opportunity to give informal price
quotations for the purchase.
2. In the purchase of sandgravel aggrepte and asphaltic materials to be used for
street f,ll, repair and maintenance, provided that all such purchases ,ball be
based upon a unit quantity basis.
3. In the purchase of special devices and machine repair parts for both movinl
and stationery mechanical devices, provided that the same are available only
from one source , and no other generally similar device is available from another
source .
4 . In the purchase of replacement parts and equipment, when furnished as a part
of a repair service to equipment owned or leased by the Ci!y .
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5. In the n,ntal of equipment and macliinery , provided that the period d(lliilth II
for an indeterminate time and the rental fee ie ne10tiated upon a wilt of Ume
buie.
6. In the purchaae of materiala and equipment when, the sl3ndardiza1ion of ■uch
material■ and equipment ie neceeaary to enswe the proper functiolilnt of
exietin1 t<1uipment and/or to prevent the duplication of -.xisting equlpm■nt ,
neceuitated by the award of a. low bid to alternate-make equipment when 1uch
purch ■■ee are expressly approved by the City Manali'!r ,
C. The City Manager &ll'i-lue OR desi1111eeo shall have the authority to purchaae
commoditiee , supplies and equipment under any general bid or purtha■e cl,l,tracf
of the Unitod States Govern men~ State of Colorado or other governmental
juriediction at the prices, tet."18 and conditiona contained therein, when, in the
opinion of the City Manager, the governmental unit is deem•d to be the ■ource of
the lowest and best bid .
D. Adminiatrative Decision. The City Manager or hie design.ee shall have the
authority to purchase goods that are for resale by the City, upon the open market
or through negotiationa and without receiving sealed, competitive bid■ therefor.
Sectlpg 20 Title 4, Chapter 2, Section 3 -ELIGIBILITY FOR DEFERMENT , Subsection
A, Englewood Municipal Code 1985, ie hereby amended as follows :
A. Property Owner's Eligibility . A property owner may be eligible for aueasment
deferral if:
I. The property owner is a senior penon, a disabled person or a handicapped
person, and that person or family unit which occupies the eligible residencu
property has assets and income less than the eligibility limita for thooe persona
establiahed periodically by the City Council.
2. The property owner who occupies the eligible residence property is a low
income person with assets and income less than the eligibility limits
establiahed for those persona and established periodically by the City Council
The asset and yearly income eligibility amounts shall be set periodically
(preferably yearly) by the City Council upon the recommendation of the ~
!ollttt.111eial l!e,.,ieee CITY MANAGER, who shall consider as advisory the income
level and asset level of fifty percent (50%) of the medisn income level of penona in
the m1.,tropolitan area.
~ Title 4, Chapter 2, Section 5 -DETERMINATION OF ELIGIBILITY,
Englewood Municipal Code 1985, is hereby amended as follows :
Determination of Eligibility . The DiPeeter ef ~iftanee , in eeia,eraBon ~~,h ~e Dlfenor fer
Gomm..,;'! Ile eie,men~ CITY MANAGER OR DESIGNEE shall determine whether each
property owner who appliee for asseasment deferral is eligible. Upon determination that
the property owner is eligible and wishee said assessment deferred, the property owner
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shall execute a promis&0ry note and lien to the City fo r the aaseaament amount. plus •
neceasary recording fees. The promis■ory note and lien shall bear interest at the same rate
a, the bond.a , which finance tb,e aae.!ument tliatrict. The Qi.,eeter er Fitla111ial .81111 ii•
CITY shall , econ! ■aid lien u«I no1.e with th, County Clerk and Recorder for Arapahoe
County.
Eligibility for a£ae88ment defennent shall be redetermined by the City biannually.
~ Title 4, Chapter 2, Section 6 · PAYMENT OF ASSESSMENT BY CITY,
Englewood Municipal Code 1985, is hereby amended aa follows :
Payment of Aaseaament by City. Upon receiving and roairding the note and lien as
provided in this Chapter, the 9ilee,ar RFHIMleiel 81P1,iees CITY ahall pay to the
a88eUl'lent district fn>m a 1pecial fund of the City the amount of the deferrM UH88ment.
lie 'l'HE CITY shall then note on the aaaeument roll that such aaae11ment bas been
deferrM, and the ...... ment 1hall not be payable until the deferment expire• u provided
in Lhis Chnpter.
Sec:don 23 Title 4, Chapter 2, Section 8 -TIME OF APPLICATION: LATER
DEFERMENT, Englewood Municipal Code 1985, is hereby amended as followa:
Time of Application; Later Deferment: At · ·• time of publication of the notice of an
ordinance te establish a special district fo, ~ provement, published therewith aball be
notification that eligible property ownera may have their assessment defem,d by
complying with the proviaiona of this Chapter and by applying for the deferment not later
than sixty (60) day, after the 6nal publication of the ordinance. Concumintly, the ~
ef fi:aeeial 8eP1 iee ■ CITY 1hall cause to be publiehed at leaat twice in a new1paper or
general circulation within the City a news release informing City resident■ of the
availability of aueument deferment■ for eligible property ownera along with information
about applying for the deferment.
In the event an eligible property owner de1ires te defer an aseenment tranaferred to the
County Treaaurer for collection, the property owner may make application for said
deferral; upon meeting the eligibility criteria of this Chapter, the auenment shall be
deferred. The Difeeklr ef Fteueia:l Ser;ees CITY shall require the applicant to complete
all other necessary proc:edurea for deferral . Upon a determination of the property owner's
eligibility, the auessment sball be deferred and removed from the role a of the County
Clerk and Recorcler.
~ Title 4, Chapter 2, Section 9 · INTERDEPARTMENTAL COOPERATION;
RULES AND REGULATIONS; FORMS: Englewood Municipal Code 1985, is hereby
amended •• followa:
The llil'eeler of l'ifteeial Se,.,;eee CITY is directed and authorized to establish the forms,
rules and regulations and information as lie IT deem• neceBBary and proper to implement
this aueument deferral program and te engage t.be cooperation of such Miter department■
as may reasonably be necessary in carryini o·.:..:. dti.a Chapter.
Sm:1iPll..ll,. Title 4, Chapter 3, Section 4, Englewood Municipal Code 1985 ia amended aa
followa:
4-3-4: PARKS AND RECREATION FOUNDATION TRUST FUND : There ie Lereby
eatablished a special fund of the City, known as the "Englewood Parks and Recreation
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Fowidation Truot Fund", a Trw,t FllDd for the uoe and benefit of the Procram■ and
facilitie• of .i...En1lewood PARKS AND Recreation Department. and/or within Enpwood
parka.
A. 'l'ruatee1 Appointment. The Englewood Parka and Recreation Commisaionera are
appointed as trustees of the Parka and Recreation funds as part of their
Comuuu.ion duties and shall serve during their tenure ae Commissionera,
B. Trust FllDds . All gifta, bequests, contributione, grants and all invaatments thereof,
from whatever lawful 10urce1, to1ether with all accumulatione, accruaJa, aarninp,
and inoome with reepect thereto delivered to the Parka and Recreation Foundation
Tru,t F11Dd ■ball be held "in trust" for the use and benafit of providin1 improved
and •>xpanded program ■ and facilitiee for the Englewood PARKS AND Recreations
Department and/or within-Englewood parka-through the Trust FllDd hereby
established.
C. Management of the Trust FllDd.
1. The Diree'8r eiFtM:Beial Seri,ieee, e• officio City Treaaurer , shall manage tJie
day-to-a day investment policy of the Truet Fund.
a. a\a aeelieB, the W\Llleea ahtil ,eee .. eeli io '8e Ci.'5 CatHtllti perieaie
a11,,a11rie81111t1 fraa '8e 'Plw• F1111a r. tee et1elw,i,e 11■a ali lleaeit af'8e
Baclewaeli P,\BK:S Mr» Reeealiea 9e11artment; e!U11r,...... i9llew111i _..,
~sleee, Ype11 appPB •al sf lhe app,opPiali,ae ~! Gil! Gseeil ...i ill
aeeerl!luee wi~ eM:Bd:Ha •d · wen e proee1hH'ea af the Ci.'7 , ma, mHe
aiawilnttileno af ineame all eer,111 r.r '8e enelui. e 11 ■e aell lleaeit ef tha
iaclewaall Pt ... ?\KS .Y.lQ Ree,1at.i.1t11 9e118Alllen, e.Uer ,,;,MB iqleweaa _..,
4. The coats of servicing the Trust Fund shall be approved by City CollDcil u an
expe•!Be of the Trust Fund.
5. The trustees shall have such other power ns is necessary to carry out the
purpose of the Trust.
6. The :iuat Fund shall be managed in accordance with the applicable
.equirements of the Home Rule Charter, ordinance, of the City and State
Finance Law .
7. The Trust Fund may be terminated by City Council ; however, any funds in the
Trust Fund shall be distributed exclueively for the purpose of the Englewood
PARKS AND Re creanon Department and/or within Englewood parka .
D. Ge111rih1i1Uene tie ihe P:ecle• eed Parke and Ree,e0:iie11 ~a\lndaUen 'PNai Fed V.. he
'J:a 9e!l1teiilile . Gift.a, bequests, grants , donations, contributiona a11d devilP~ ~
property made exclusively for the public purpose herein described are considered
le!I ~•~Y1!9~le CHARITABLE CONTRIBUTIO NS under the Internal Revenue Code
and the lawe of the State of Colorado.
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~ Tit.le 4, Chapter 3, Sectioll 5 • SPECIAL SURPLUS AND DEFICIENCY
FUND, Suboection A. Englewood MUDicipal Code 1985, ia hereby amended a, follows :
A. Preliminary Special Improvement District Expenditures. Prior to the lepl
formation a! any apecial improvement dietrict and the issuance a! apec:uil
improvement dietrict bonds therefor, the iNeMr of FiBM• CITY ia hm,by
authorized to pay all nece11ary administrative, engineerinc or other 001ta incurred
preliminary to the creation of any such district from the funds standing to the
credit of the Special Surplus and Deficiency Fund of the City, established by
aection 108 aft~• Charter of the City .
~-Title 4, Chapter 3, Section 6 • SPECIAL REVENUE HOUSING AUTHORITY
FUND, En1lewood Municipal Code 1985, ia hereby amended as follows :
Thia Fund shall be used to receive monies from all aoun:eo for and on behalf of the City
Houain1 Authority and expended for authorized purpooea of said Houain1 Authority.
A. Monies from all souroeo shall be credited to the Fund and the 9e,-e11, sf
Finanaifll Servieea CITY shall maintain a proper system of accounting to
adequately fulfill the requirementa ohny city , a!ate, or federal law for the
existence a! such Fund.
B. Expenditures from the said special Fund may be made upon written authorization
from the proper officer of the Housing Authority as directed by such Houaing
Authority.
Section 28. Title 4, Chapter 3, Section 9 • MALLEY CENTER TRUST FUND , Subsection
C, Paragraph 1, Englewood Municipal Code 1985, is hereby amended as follows:
C. 1. The Di:reeNr el~eial Se~Pieea , e• etieia Ci-, 'PteaatH'er, CITY shall manage
the day -to-day investment policy of the Trust Fund.
Section 29. Title 4, Chapter 4, Section 2 · DEFINITIONS , Englewood Municipal Code
1985, is hereby amended to delete and insert the following definitions :
91111!:G'l'QR OF Fl>I • NGIAL Sl!R> 'IGl!S
OR 91-RKG!POR:
PARK :
'Ale 9i:fe!Mr ef~Hlaneial
8eP11'ieea af ,he Gi-, af EnwlH aaS or a11eh
a,her pe,een tieoicnated 1,,. •he
UOBieipalit.,, "9iPeelsP af Fil,19eiftl
Seru;eee"' o&all alne Yleh1de 111M 11enoe'a
tleeic,,ee.
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PARK SHALL INCLUDE ANY AREA
USED AS A PARK, RESERVATION,
PLAYGROUND, BEACH, BALLFIELD,
SHELTER HOUSE , OR ANY OTHER
AREA OWNED AND USED BY THE CITY
AND DEVOTED OR DESIGNATED TO
ACTIVE OR PASSIVE RECREATION,
EITHER ON A TBMPORAJlY 0& , I , I-!
PERMANENT BASIS.
Soctjop SO. Title 4, Chapter 4, Section 4 • SALES TAX IMPOSED, Su~ 3 •
EXEMPTIONS TO SALES TAX, Paraa ,ph C, Englewood Municipal Code 1986, ia hereby
amended u followo:
C. Burden of Providin& Exemptions; Diaputeo: The burden of proof that any retailer
is exempt from collectinc a tax upon any coods sold and payinc the aame to the
Ditieeter af Fifta.11eia:l S11P1'ieea CITY, or from making return for the ume, ■ball be
on the retailer under such reasonable requirements of proof as the DiNete, CITY
may preacribe. Should a dispute ariae between any purchuer and oeller u kl
whether or not any retail sale ia exempt from taxation hereunder, the Nller ohall,
nevertheleu, collect and the purchaser shall pay such tax; and the seller ■hall
thereupon iasue to the purchaser a ...,.ipt, or certificate, on forms preocribed by
the~ CITY to determine the question of exemption. In any cue where the
City refund■ any taxes, it ll'•V collect from tho retailer the amount of taxe■
retained by him/her as r ti!· ·,•hich is attributable to the trannction.
Soctjop st, Title 4, Chapter 4, Section 4, Subsection 5 • ITINERANT VENDORS; BOND
REQUIREMENTS, Englewood Municipal C..de 1985, is hereby amended as follow■:
Any retailer who does not intend to be activdy engaged in oelling for a period sreater than
three (3) consecutive months, shall, prior tc obtaining said license, deposit with the
Elifeeler 8' .....,Ml Sef'oieee CITY , a caoh or surety bond in the amount of lixty dollan
($60 .00) for the benefit of the City, in such form as may be approved by the oei,1 Elifeeler
CITY, which bond shall be conditioned upon and 1ecurity for the payment of the retail
sales taxes due or to become due. Such retailers ahall make reports of the amount of taxea
collected, shall pay the same to the City upon such forms and at such times as the DiNetel'
ef FHl&tHial Se.,~aee CITY may require. AAy failure to make such report or to pay any tax
due at the time specified shall e&Ule an immediate auspension to the license and the
forfeiture of the bond posted.
Sectjop S2. Title 4, Chapter 4, Section 4, Sub&ection 6 • BOOKS AND RECORDS KEPT,
Englewood Municipal Code 1985, ie hereby amended ae follows :
It shaJ! be the duty of every person required by the provisions of Section 444-4 to obtain a
sales tax lli:enae, to keep and prelerVe 1uitable records of all sales made by him/her, and
such other boob or account.au may be necessary to determine the amount of tax for the
collection of which he/she is liable for a period of three (3) years all invoices of coods and
merchanmle purchued for resale, and all auch hooks , invoicee and other recorde shall be
open for examination at any time by Wle Qire~er ef Fi:eanei&I SePrit!ee CITY
PERSONNEL.
Sectjop 33. Title 4, Chapter 4, Section 5, Subsection 3 ·PAYMENT AND CC•LLECTION
OF USE TAX, Englewood Municipal Code 1985, is hereby a mended as follows
A. Payment of Tax:
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I. All peraono who a.re required to obuii\ a aales tax lice nae punuant to the
proviaiono of Section 4-4-4-1 aball include within the return required t., be l!led,
purauant to the proviaiona of Section 4-4-4-7, such information u may be
required by the 9i,eeler el FiaHoiel Ser,;ee, CITY as may enable llimlllel' IT
accurately to compute the amount of use tax due from aaid retailer fnr
purcbaaes made by such retailer for which e use tax is due durin1 the period
for which such return ia filed .
2. All other penona shall pay to the Direeler CITY the amo1t1t rf any tux due
under the provisions of Section 4•◄•5-3, not later than fifte en (15) days after the
d,\te thet said tax becomes due.
B. Payment and Collection on Specific Items: The following apecial proviaions sball
apply to the payment of any use tax due on the us e, consumption o: storage of the
following itema :
I. Motor Vehicles and Trailers: Any persons who shall purchase any motor
vehicle, \railer or semi-trailer, whether new or used, outside the City, with the
intent to register the same at an address inside the City, shall immediately,
and prior .'.o regiaterin1 and obtaining lioonse plates therefor, make a return
abowing such tranaaction to the Diree•er-d Finaaeial i)ep,;ees CITY and pay to
eim/1,ep TH.'i: CITY the use tax applic:able ,·hereto as provided in subsection A
hereof.
2. Building Materials and Supplies: Any peno11 who does not maintsin a
permanent place of busineas within the boundaries of the City and who shall
build, co11&truct or improve any building, dwelling or other structure or
improvement to realty whatsoever within the City shall, upon applic:ation for a
building permit, pay as a deposit for payment of the tax levied by Section 4-4-5-
1 an amount equal to three and one-hal£ percent (3 .5%) of fifty percent (50%) of
the estimated cost of the improvement, or three ud one-hal£ peroent (3.5%) of
fifty percent (50%) of the total contract price, if tht1re ia a contract for the
building construction or improvement; provided, however, that if the estimated
coat of the improvement or the total contract price in in exceu of two hundred
thouaand dollan ($200,000.00) the 9i,eeler1 ia hiall>,r CITY, AT ITS diecretion
and upon applicatior to liimlllff IT, may authorize a waiver of said depoait and
accept the paym11 nt of said tax on a monthly , quarterly or other baais , bNed
upon actual purcha.es of materials, supplies and equipment for which ouch tax
may be due, subject to such rules and regulations as th,, said Direeler CITY
may adopt. In all c:ases where the deposit required by the provilliona of this
Section is made, if it ib determined at the time of the con.1pletion of the
building , dwelling or other sb'ucture of improvement front the invoices and
statementa reflectinit the purchase therefor , that the deposit made aa herein
required, together with the actual payments of the City as a salea tax, is in
excess of the actual tux due therefor, the person malting srud deposit or paying
said tax may make application to the 9i,eeler sf Fiaaaeial ~'ff>'ieee CITY for
refund of any amount paid in excess of the actual taxes due , in which event it
shall be the duty of the person making such application to fwuish all neceHary
bills and invoices evidencing over-payment of the tax, and , if the said~
CITY is satisfied that there has been such ove rpayment, he IT shall refund
auch overpayment to the taxpayer.
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C. Comtruction equipment which ia located within the boun iarie■ of the City for a
period of more than thirty (30) con■ecutive day■ shall be auhjected to the full
applicable 111e tax of the City.
D. With reaped to transactions conaummated on or after January I , 1986,
collltrllction equipment which is located within the boundaries of the City for a
period of thirty (30) conaecutive days or leaa shall be subjected to the City'a u■a tu
in an amount which does not exceed the amount calculated as follows: the
purchaae price of the equipment shall be multiplied by a fraction, the numerator of
which is one and the denominator of which ia twelve (1112), and the result shall be
multiplied by three and one -half percent (3.5%).
E. Where the proviaiona of subsection D of this Section are utilized, the credit
proviaiona of subsection 4-4-5-2B shall apply at auch time aa the anrepte sales
and use taxes legally imposed by and paid to other statutory and home rule
municipalities on any such equipment equal three and one-half percent (3 .5%).
F . In order to avail bimaelf of the proviaiona of aubaection D of this Section, the
taxpayer ahall comply with the following procedure:
I. Prior to or on the date the equipment is located within the boundaries of the
City, the taxpayer shall file with the ~• l'iBHeiel Ile'"••• 9e,aneoeM CITY
an equipment declaration on a form provided by the City. Such declaration
shall state the dates on which the taxpayer anticipates the equipment will be
located within and removed from the boundariea of the City, shall include a
description of each such; anticipated piece of equipment, shall state the actual
or anticipated purchaae price of each such; anticipated piece of equipment, and
ahall include such other information as reasonably deemed necessary by the
City.
2. The taxpayer shall file with the City an amended equipment declaration
reflecting any changes in the information contained in any previous equipment
declaration no leas than once every ninety (90) days after the eq•.ripment is
brought into the boundaries of the City or, for equipment which ia brought into
the boundaries of the Cit:· 'or a project of Jeu than ninety (90) days' duration,
no later than ten (I 0) day-after subetantinl completion of the project.
3 . The taxpayer need not report on any equipment declaration any equipment for
which the purchaae price was under two thousand five hundred dollars
($2 ,500.00).
G. If the equipment declaration is given as provided in subsection F of this Se:tion,
then u to any item of construction equipment for which the CU5tomary purchase
price is under two thousand five hundred dollan ($2 ,500.00) which was brought
into the boundaries of the Ci ty temporarily for uae on a construction project, it
shall be presumed that the item was purchased in a jurisdiction having a local
sales or 111e taxes as high as three and one-half pem,nt (3.5%) and that such local
sales or m:e tax was previously paid. In such case the burden of proof in any
proceedin6 before the City, the Executive Director of the Department of Revenue,
or the District Court, shall be on the City to prove auch local sales or use tax was
not paid.
II
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H. If the tupayer faiJ. to compl.y with chi proviaianl of 1W>IIClion r of thla Section,
the taxpayer may not avail bimMlf of the proviliona of euboeallon D of this Section
and lhall be aubject to the proviaiona of .,ubNetion C or thia Sec:t:ioa. How•-·
aubmntial compliance wilh the pnmaiona of aubNctioa F of lhil Section obaoll
allow the tupayer to avail bimMlf of Iha proviliona of aublection D of thla Section.
Section 34. Title 4, Chapter 4, Section 7 • TAX INFORMATION CONFIDENTIAL,
Englewood Municipal Cod• 1985, is hereby amended aa follow■:
A. Except in accordance with i•ulicial order, or u otherwiae herein provided, the Citr
shall not divulge any information gained from any return 61ed or u a result of any
investigation or hearing held pursuant to the proviaiona of thil Chapter.
B. Nothing contained in this Section shall be conatrued to prohibit:
I. The delivery to a pereon, or to hil duly authorized representative, of a copy of
any return 61ed in connection with hil tax;
2. The publication of atatilticl ao cl•ui.fied aa I<> prevent the ide.,tifiution of
particular reports or returna and Iha items thereof;
3. The inspection by the City Attorney, or any other legal repreaentative of the
City, of the return or other information relating to any tupay•• who may
become involved in litigation with the City in which the said information may
become material.
C Reports and returna shall be preserved for three (3) yeare and ther•after until the
Difs•• sf F " I $er, iees CITY CLERK, with the approval of the llMy Heese•
STATE ARCHMST, ,hall order them destroyed.
Sectjop 35 Title 4, Chapter 4, Section 8 • ESTIMATED TAXES AND ASSESSMENT
THEREOF, Englewood Municipal Code 1985, is hereby amend.ed u follows:
A. With respect to tra l88ctiona consummated before January 1, 1986, if any pereon
neglecta or refuses to make a return for, or payment of any of the taxes levied by
this Chapter when the aame become due , the Ditaeetar ef ~inatteial Se~ri:ee■ CITY
shall, at some date oubsequent to fifteen (15) days after the date for the makins of
such return or the payment of such taxes, give written notice to the person
responsible for making said return or paying said taxes or the l•ck of the filing of
such return or payment of allid taxea, which notice •hall notify the taxpayer, or
other person respooeible fort he return of the tax, that the same must be paid
within fifteen (15) days from the date of the receipt of said notice.
B. If the return is not 61ed, or the taxes are not paid, within fifteen (15) days after
receipt of said notice , the~ CITY may make an e1tin1ate, baaed upon such
information .,. may be available to him, of the amount of tues t\ue for the period or
periods for which taxpaye r is delinquent and shall add thereto a pen alty in an
am ,uot equal to ten percent (10%) of said estimated tax, toge ther with interest en
uid estimated tax at the rate of o~e percent (I,,. per month from ·the due date
thereof, and may 888088 said amount againat the delinquent taxpayer by civin1
■aid taxpayer written notice thereof, which notice shall require the taxi 1ycr either
19
to pay the 111101111t ...,_,.i by the ~ m'l'Y or to petition him for a •cornclilll
of 11id eatimate within a period o{twent)' (10) days thereafter. Arr, 1111!b petition
£or oornoti011 ahall be in writins and any facto or figuroa in support thenof 1hall be
aubmitted upon the oath o{tbe taxpayar. ,Tbellioeele,, CITY shall oonaider tha
mattera 1ubmitted by tbe tupay1>· and ahall make a deoiJion ..., to the proper
amo1111t of taxes, penalty and interest due, which decision shull be final and
binding, except as modified by State stati>tea.
The time period set forth in tbia Section may, in the absolute discretion al the
[}ifeeg,,. ef FiMRec CITY, be waived for good cause on written application c,! a
vendor or taxpayer.
C. With respect to transactions oonsummated on or after January 1, 1986:
I. 1£ a person neglect& or refuses to make• return in payment o{the aal•• tax or
to pay any tax when the same becomea due , the Qi.N"8r af:Flftaneial Se~ ilea
CITY shall, at IO'.lle date subsequent to fifteen (15) days ufter the date £or the
making of such return or the payment of such taxee, mal:e an estimate, beaed
upon such inlorme11 tion aa may be available , of the amount of tu.ea due Cor the
period £or which tbe taxpayer ia delinquent and shall ndd thereto a penalty
equal to the sum of fifteen dollars ($15.00) £or such failure to ten percent (10%)
thereof and interest on such delinquent taxes at the rate imposed under
subaection C3 of this Section plus one-half of one percent (.5%) par month from
the date when due, not sxceeding aighteen percent (18%) in the aggregate.
2. 1£ a person neglecta or refuses to mr.ke a return in payment of the use tax or to
pay any tax 88 required, the ~ CITY shall make an estimate, hued upon
1uch information as may be available, of the amount of tsxea due for the period
£or which the taxpayer ia delinquent and shall add thereto a penalty equal to
ten percent (lO"A.) thereof and interut on auch delinquent taxea at the rate
impoaed under subsection C3 of this Section, plus one-half of one percent (.5%)
per month from the date when due.
3. The annual rate of intereet on delinquent taxes under subsectiona Cl nnd C2
above shall be that established by the State Commissioner of Banking
pursuant to section 39-21-110.5, C.R.S.
llllllaa.a Title 4, Chapter 4, Section 9 -SALE OF STOCK OR QUITTING BUSINESS,
En1lowoocl Municipal Code 1985, ia hereby amended as follows :
,\. Any retailer who ahall aell out ofbia buaineBS or stock of goods or who aball quit
buainttt, ahall be required to prepare and file a sales tax and uae tax return as
provided in this Chapter within fifteen (15) days subaequent to the date of the
completion of said aale, or the quitting of business and the purchaser thereof, if
any , 1hall be required to withhold aufficient of the purchaae money to cover the
amou.nt of said tax due and unpaid , until such time as the anid retailer shall
produce a raceipt from the DiPeeleP CITY showing that all such taxes have been
paid and that no further taxes are ::lnP
B. Uthe purchaser of a bUiin ... or •tock of aooda shall fail to withhold the purchase
money 88 above provided. and the tax ,ball be due anrl unpaid after the fifteen-(" ,,,
day period allowed , auch purchaser ehall be person •Li , \iah,e for the payment of the
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~ 11Dpai4 by tha formar owner and the liena created by Section 4-4-14 ahall
UIIIMdiate\y attach ta the pereonal property ao purchaaed; provided, how,.,.,, that
tha retailer ao aellin1 or quitting buainesa ball not be relieved in any manner or hia
liability for payment of any of said taxn due .
lilllaian. Title 4, Chapter 4, Section 10 • DEFICIENCY NOTI CES AND REFUNDS,
Bllllewood MllDicipal Code 1985, ia hereby amended aa follows :
A. Refund Procedure .
B.
I. A refllDd ahall be made or credit allowed for any tax paid 11Dder protea! by any
purchaaer or ueer who baa, or claims to have, an exemption a■ in thia C:11pter
provided. Such refund shall be made by the ~ CITY after co mpliance
with the following conditions precedent:
a . Application. Applications for refund must be made within ninety (90)
day, after the purchase or use of the goods on which the exe mption ii
claimed, and must be a up ported by the affidavit of the r, un:haaer or
user accompanied by the original paid invoice or sales receipt and a
certificate iasued by the aeller, together with ouch further information
as may be requested by the~ CITY.
b. With respect to transactions consummated on or after January I , 1986,
an application for ref11Dd of sale ■ or uae tax paid under dispute by a
purchaser or user who claima an exemption pursuant to this Chapter
■hall be made within sixty (60) days after the purchase, storage, uau or
conaumption of the sooda or aervices whereon an exemption is claimed .
c. With respect to tranaactiona conaummated on or after J anuary I , 1986,
an application for refund of tax monies paid in error or by mistake,
ahall be made within three (3) yean after the date of pun:haae, storage,
use or consumption of the sooda for which the refund ia claimed. The
ref11Dded amo11Dt will be net of any vendor fee retained and will not
accru, interest.
2. Deciaions , Upon receipt of such application and accompanying information, the
Dittctor CITY ■hall examine the same with all due speed and shall give notice
to the applicant by an order in writing of liie ITS decision thereon.
3. Hearin1 . An affrieved applicant may , within twenty (20) days after such
decision ii mailed to him, petition the ~ CITY for a bearing on the claim
in which ca11 the~ CITY shall, upon due notice to the applicant, bold a
hearins upon 1uch applications, taking such information or evidence as may be
material, and shall, thereafter, render hie ITS final decision upon such
application, which decision shall be ti,..:.!.
Deficiency Notice or Refund■.
I. With reopect to transactions conaummated on or after January 1, I 986, in lieu
of the procedUJ'I provided for in a uhaection Al above, the taxpayer may elect a
btarint or tho ~ CITY'S linal decision on a deficiency notice or claim
for refund puroua nt to procedur, oet forth in this Section .
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a. A;; I .rJC d in thia Section, "State hearilll" mearu, a hear1D1 bi..~ the
Bu,1u.:vo Director of the Department of Revenue or delq,ite thereof u
pM-;,J,,~ in aection 29-2-106 .1(3), C.R.S .
b. When the City aaaerts that sales or use taxes are due in an amount
...,ater than the amount pllid by a taxpayer, the City a hall mail a
deficiency notice to the taxpayer by certified mall. The de~ncy notice
ahall state the additional 1ale1 and use taxe1 due. The deficiency notice
,hall contain notification , in clear and con1picuoua type , that the
taxpayer has the right to elect a State hearing on the deficiency
pursuant to section 29-2-106 .1(3), C.R.S . The taxpayer ■hall also have
the right to elect a State hearing on the City's denial of 1uch taxpayer's
claim for a refund of salea or uae tax paid.
c. The taxpayer ahall requeat the State hearing within thirty (30) daya
after the taxpayer'• exhaustion of local remediea. The taxpayer 1hall
have no right to auch bearing if he baa not exhauated local remedies or
ifhe faila to request 1uch bearing within the time period provided. For
purpoeea of thia aubeection, "exhaustion of local remediea" moau.a:
(I) The taxpayer baa timely requested in writing a hearin1 before
the City and the City baa held auch hearing and issued a final
decision thereon. Such hearing ahall be informal and no
transcript, rules of evidence, or filing of briefs ahall be
required; but the taxpayer may elect to aubmit a brief, in
which case the City may 1ubmit a brief. The City shall hold
such hearing and iuue the final decision thereon within •
ninety (90) days after the City's receipt of the taxpayer's
written request therefor, except the City may extend auch
period if the deley in holding the hearing or isauing the
decision thereon was occaaioned by the taxpayer, but, in any
such event, the City shall hold such hearing and issue the
decision thereon within one hundred eighty (180) days of the
taxpayer's request in writing therefor; or
(2) The taxpayer has timely re~ueated in writing a hearing before
the City and the City has failed to hold such hearing or has
failed to issue a final decision thereon within the time periods
prescribed in subsection Blc(l) ofthia Section.
d . If a taxpayer baa exhausted his/her local remedies as provided in
subsection Ille of this Section, the taxpcyer may requeat a State
hearing on such deficiency notice or claim for refund, and such request
shall be made and auch hearing ahall be conducted in the same manner
aa aet forth in section 29,2-106.1(3) through (7), C.R.S .
e. If the deficie o•1 notice or claim for refund involves only the City, in lieu
of requeatint; r. ~·riW hearing, the taxp1lyer may appeal such deficiency
or denial of,, !aim for refund to the Diatrict Court of the County of
Arapahoe as 1•rovided in section 29-2-106.1(8), C.R.S., provided the
taxpayer comp 1ies with the procedures aet forth in aubaection B!c of
thia Section .
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f. Nothini in tbia Section 1hall prohibit the taxpayer from PV8IIUII
judicial review of a final deci1ion of the City aa otherwiN p.......i.d in
thio Chapter.
z. With nepect to tramaotiona conaummated on or after January I, 1986, within
fifteen (15) daya after filing a notice of appeal as provided in 1ubaection die o(
thio Section, the taxpayer shall file with the District Court a surety bond in
twice the amount of the taxes, intereat, and other charges stated in the final
deciaion by the~ CITY which are oonteated on appeal. The~
may, at his/her option, satiafy the aurety bond requirement by a aavinp
acoount or depoeit in or a certifioate of deposit issued by a Stat., or national
bank or by a State or Federal aav lll p and loan aaaociation, in acoordance with
the provieion1 of section 11-35-101(1), C.R.S ., equal to twice the amount of the
taxes, interest, and other charge, stated in the final deciaion by the Diteolel'
CITY.
3. The taxpayer may, at hialher option, deposit the disputed amount with the
~ CITY in lieu of poeting a aurety bond. If such amount ia ao depooited,
no further interest ahall accrue on the deficiency contested durin11 the pendency
of the action. At the concluaion of the action, after appeal to the Supnme Court
or the Court of Appeals or after the time for auch appeal baa expirec!, the funda
deposited shall he, at the direction of the Court, either retained by the~
CITY and •~•plied against the deficiency or returned in whole or in par, to the
taxpayer wit.:. interest at the rote imposed pursuant to auboection 4-4-8C3 of
thio Chapter. No claim for refund of amounts depoeited with the Director need
be made by the taxpayer in order for auch amounts to be repaid in ac:cordance
with the direction of the Court.
4. Any pereon claiming to have paid a tax for the purchase or uae of tangible
personal property in exceaa of the rotes eatabliahed by thia Chapter, may apply
for a refund of said exceaa in the manner prescribed above .
5. Refund Not Assignable: The right of llllY person to a refund under this Chapter
shall not be aaaignable, and applioation for refund must be nade by the same
person who purchased or used the gooda and who paid the l:ax thereon, aa
shown by the invoice oftbo sale thereof or other appropriate document.
6. The DiNoleP CITY M!u~AGER OR DESIGNEE shall have the authority to
waive part or all of any penalty and/or interest asaessed if the circumstances
deem auch.
Section 88. TiUe 4, Chapter 4, Section 11 · EXAMINATIONS OF RETURNS: REFUNDS,
DEFICIENCIES, Englewood Municipal Code 1985. is amended as follows :
As soon as practioable after 11ny sales or use tax return is filed , the ~ CITY shall
examine it, and if it then appeara that the correct amount of tax to be remitted is greater or
less than that shown in the return. the tax shall be reco mputed .
If the amount paid exceeds that which is duo , the excess shall be refunded or credited
against any auboequent remittance from the same taxpayer.
lftht amount paid ia lesa than the amount due, the difference, together with interest
thereon at the rate of one percent (1 %) per mon th from the time the return was due, ahall
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be paid by tbe vendor within fifteen (16) cia311after written notice and demand to bun flam
theDife-.CITY.
With re1pect to returna filed on or after January I, 1986, the annual rate of i"-on
delinquent tu .. 1hall be that Htebliabed by the e+,ate Commialioner of Bankin1 punuant
to aection 36·21-110.5, C.R.$.
lillailm.U. Title 4, Chapter 4, Section 12 • INVESTIGATION OF RETAILER'S BOOKS,
Englewood Municipal Code 1986, is hereby amended as followa:
A. For the purpoae of aacert.ainin1 the correctneu of a return, or for the purpoae of
determinin1 the amount of tax due from any taxpayer, the~ CIT'{
MANAGER OR DESIGNEE may bold inveatiptiona and hearing• concemin1 any
matters covered by I.his Chapter and may examine any relevant booka, ,oapen,
recorda or memoranda of any such peraon, requirin1 the attendance of 1uch
tupayer or any officer or employee of 1uch taxpayer, or of any peram having
knowledp of ouch aalea and taking 1uch teltimony and proof aa may be neceuary
to properly ascertain any tu liability. The~ CITY ■hall have power to
administer oatba to llllY peroon in the courae of ouch inve■tiflatinna or hearinc.
B. Coordinated Audit Procedures.
I. Coordinated AudiL
a. A».y taxpayer licensed in thia City pur■uant to thia Chapter of the
Englewood Municipal Code 1985, and bold.inc a 1imilar 1alea tax license in
at least four (4) other Colorado municipalitiea that administer their own
saleo tax collection, may requut a coordinated audit aa provided herein.
b W\:h fourteen (14) days of fteeipt of notice of an intended audit by any
r.,unicipality tba·: adminiaten1 its own ,ales tax collection, the taxpayer
may provide the QiNeier af~aial SePrieea afWM CITY, by certified
mail, return receipt requested, a written request for a coordinated audit
indicating the municipality from which the notice of intancled audit was
received and the name of the official who issued ouch notice. Such requut
ahall include a list of those Colorado municipalitiea utilizing local collection
of their salea tax in which the taxpayer holda a current sale, tax license
and a declaration that the taxpayer will ■ip waiver of any pas■age-of-time
base limited upon this City'• richt to recover tax owed by the vendor for the
audit period.
c. Except ao provided in aubeection 4-4-12Blg, any taxpayer that 1ubmits a
complete request fur a coordinated audit and promptly 1igna a waiver of
Section 4-4-17 of thia Chapter, may be audited by this City during the
twelve (12) montba after such request is submitted only through a
coordinated audit involving all municipalitiea electing to participate in 1uch
an audit.
d. If thia City deairel to participate in the audit of a taxpayer that 1ubmits a
complete requeot fur a coordinated audit purouant to oubaection B le of thia
Section, the ll~r of F' a · I Sop .,.. CITY shall so notify the D.....
af Fiw.eial Seri ieea el .aH mwricipality wboae notice of audit prompted
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2.
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,the taxpayer'■ requett within t■n (10) days after recdpt of the tupa1W'1
requeet for a coordinated oudit. The 9ioeeler af Filultieial Be .. iee■ CITY
shall then cooperate with other-participating municipalitiea in the
de>elopment of arranpment■ far the coordinated audit. lJ!cludinc
arranpmont■ of the time during which the coordinated audit. includinc
arrancemente of the time during which the coordinated audit will be
conducted, the period of time to be covered by the audit, anti a coordinated
notice to the taxpayer of tboae recorde moat likely to be required for
completion of the coordinnted audit.
e. lithe taxpayer's request for an audit was in response to a notice of
audit issued by this City, this Ci" 'a DU eeter ef ~inaneial 8er'iee1
CITY aball facilitate arrangementa between~ IT and other
municipalitiea participating in the coordinated audit unless and until
an official from some other participating municipality agree, to aasume
this responsibility. The l~ife"8r ef FiMaeial 8,,..;ees CITY shall
cooperate with other pr rticipating municipalitiea to , whenever
practicable, minimiz.e t 10 number of auditore that will be present for a
coordinated audit waa n reeponae to a notice of audit iaaued by this
City, on the taxpayer', premises to conduct the coordinated audit on
behalf of the participal ,ng municipalities. Information obtained by or
on behalf of thoee mun ,cipalitiea participating in the coordinated audit
may be 1bared only anu,ng such participating municipalities.
f. If the taxpayer's requesr for a coordinated audit was in response to a
notice ofaudit iasued by this City, this Q;t.,!s 9ireelar ef Fmeeial
8erYieee CITY shall, once arrangements for the coordinated audit
between~ IT B!Dd other participating municipalities are
completed, provide written notice to the taxpayer of which
municipalitiea will be participating, the period to be audited B!Dd the
recorda moat likely to be required by participating municipalitiee for
completion of the coordinated audit. The Bi!e"8r afFmaa,;al 8e,..;eea
CITY aball also propose a schedule for the coordinated audit.
g. The coordinated audit procedure set forth in this Section shall not
apply:
(I) When the proposed audit is a jeopardy audit,
(2) To audit& for\\ !ut:b a notice of audit was given prior tr '1 1! effective
date of this Section.
(3) When a taxpayer refuses to promptly sign a waiver of Section 4-4-17
of this Code , or
(4) When a taxpayer fail s to provide a timely and cvmplete request for a
coordinated audit as provided in subsect.ion Blb of this Section.
Intercity Claims for Recovery .
a. Claims for Recovery . The intent of this Sect::ln i• to streamline and
standardiz.e procedures related to situations where tax bu been
remitted to the incorrect municipality. It ia uot intended to reduce or
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oliminate tho 1111poD1ibilitiN of the tupayer or vendor to correctly pay,
aollect, and ntmit 1ale1 and UN talalo to the City.
b. Aa u,ed bentin, "claim for recovery" meano a claim for ntimbunement
of oah,1 and u1e taxes paid to the wronc taxinc juriediction.
c. When it ia determined by the 9iree'8r ef Piaaaaial lieririeee ellee City
that u.lea and uae tax owed to the City baa been ntported and paid to
another municipality, the City ■ball promptly notify the vendor that the
taxes are being ;.;;:;~roperly collected and ramitllld, and that u of the
date of the notice the vendor must ceue improper tax collections and
remittances .
d. Tbe City may make a written claim for racovery directly to the
municipality that received tax and/or penalty and interest owed to the
City or, in the alternative, may institute procedures for collection of the
tax from the taxpayer or vendor. The decision to make a claim for
recovery lies in the ■ole discretion of the City. Any claim for recovery
■ball include a properly executed releue of claim from the taxpayer
and/or vendor releasing ite claim to the taxe, paid to the wronc
municipality, evidence to aubatantiate the claim, and a request that the
municipality approve or deny in whole or in part, the claim within
ninety (90) days of its receipt. The municipality to which the City
submits a claim for recovery may , for good cause, request an extension
of time to investigate the claim, and approval of such extension by the
City shall not be unreuonably withheld.
e. Within ninety (90) days after receipt of a claim for recovery, the City
shall verify to its 88ti&faction whether or not all or a portion of the tax
claimed was improperlyn,ceived, and shall notify the municipality
submitting the claim in writing that the claim ia either approved or
denied in whole or in part, including the reuona for the decision. If the
claim ia approved in whole or in part, the City shall remit the
undisputed amount t, the municipality submitting the claim within
thirty (30) days of app1oval. If a claim is submitte<! jointly by a
municipality and a vendor or taxpayer, the check shall be made to the
partiee jointly. Denial of a claim for recovery may only be made for good
cause .
f. The City .nay deny a claim on the grounds that it bas previously ~aid a
claim for recovery arising out of an audit of the same taxpayer .
~-The period subject to a claim for recovery shall be limited to the
thirty-e ix (36) month period prior to the date the municipality that waa
wrongly paid th e tax receives the claim for recovery.
Scc;tlon 40 Title 4, Chapter 4, Section 13 · CONDUCT OF HEARINGS, Englewood
Municipal Code 1985, is hereby amended aa follows :
A. Subpoenas and Witneaa Fees . All aubpoenaa issued under the terms of this
Chapter may be served by a ny person of full age . The fees of witnesses for
attendance and trial 1hall be the aame aa the fee, of witnenes ht ~::, the District
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Court, auch fee1 to be paid "hen the witnet11 is excuaed from further attendanct.
When the witne11 is 1ubpoenaed at the illlistence of the GiNolef CITY, ouch re..
shall be paid in the aame 11WUJer u other expelllff under the term■ of thil
Chapter, and when a witaeu ia 1ubpoenaed at the inli1tence of any party to any
auch proeeedin1, the INeelef CITY m-r require thet the coat of aervice al the
subpoena and the fee of the witnesa be borne by the party at whoae inaistence the
witna11 is aummoned. In aucb caae the~ CITY , in w ITS diacretian, may
require a deposit to cover the coat of ouch aervioe and witness fee. A 1ubpoena
iuued as aforesaid shall be served in the same manne-r as a subpoena iaaued out or
a court of record.
B. Judse Compe!I Attendance. Any judse of the Diatrict Court of the Eifhteenth
Judicial District of the State oi Colorado, either in term time or vacation, upcn the
application of the DifeNI' CITY, may compel the attendance of witnesaea, the
production of books, papers, records or memoranda and the giving of testimony
before the~ CITY or any of hie ITS duly authorized asents, by an
attachment for contempt. or otherwial!, in the same manner aa production of
evidence may be compelled before said Court.
Section 41, Title 4, Chapter 4, Section 15 • ENFORCEMENT OF TAXES AND
FORECLOSURE OF LlENS, Englewood Municipal Code 1985, is hereby amended ca
follows :
A. If any taxes, penalty or interest impoaed by this Chapter and shown due by retuma
filed by the taxpayer, or as shown by assessment duly made as provided herein, are
not paid within fifteen (15) days after the same are due, the~ CITY 1ball
iaaue a warrant under w ITS oflicial aeal directed to any duly authoriled reven•,e
collector, or to the sheriff of any county in tbia State commanding him to levy upon,
seize and acll sufficient personal property of the tax debtor which is subject to the
liens created by Section 4.4.14 found within bis county for the payment of the
amount due , together with interest, penalties and coats .
8. Simultaneously with the iaauance of said warrant, the DifeMor CITY shall issue a
notice of tax lien, setting forth the name of the taxpayer, the amour:t of the tax,
penalties, interest and coats, the date of the accrual thereof, and th.it the City
claim ■ a first and prior lien therefor on the tangible peraor al prope1ty 11f the
taxpayer subject t,, said liens.
C. Such notice shall bu on forms prepared by the~ CITY, shall Ile verified~
him and shall be fi!,,d in the office of the clerk and recorder of any county in this
State in which the ~upayer own■ tangible personal property subject to said liens.
D. Upon the filing of said notice of lien, the effective date of said lien shall relate back
to the date of the first taxable transaction for which any tax is due.
Section 42 Title 4. Chapter 4, Section 17 · LIMITATIONS, Englewood Municipal Code
198:;, is hereby amended •• follows:
A. The taxes for any period, to11ether with intereet thereon and penaltiea with respect
thereto, i:npoeed by this Chapter shall not be aaae11ed, nor shall any notice of lien
be filed. or distraint warrant be issued, or suit for collection be instituted, or any
other action to collect the same be commenced more than throe (3) yean aftAor the
date on which the tax wae or ia payable. Nor •ball any lien contin111 after ouch
period, except for tue■ aueutd before the upiration or ouch period, notice of lien
with re■pect to which baa been filed prior to the expiration of 1uch period; in which
caees such lien shall continue only for one year aftAor the fillna of noti•" thereof.
B. In the case of a false or fraudulent return with intent to evade tu, the tax,
toaether with intereet and penaltie ■ thereon may be aaeessed, or proceedinp for
the collection of euch taxee may be bel!Ul1 at any time.
C. Before the expiration of euch period of limitation. the taxpayer and the IliNele,
CITY may aaree in writing to an exteneion thereof, and the period ao agreed on
may be extended by eubeequent agreemente in writing.
Section 48. Title 4, Chapter 4, Section 18 -SERVICE CHARGE ON RETURNED
CHECKS, Englewood Municipal Code 1985, is hereby amended aa follows:
If a check in payment of any •• !es or use tax is returned unpaid, a proceesina charge ehall
be added to any amount due and owing. The proceesing charge ehall be periodically
reviewed and set by the 9i,eeler ef l'iJIBBoial s,..,;eee. CITY .
Section 44 Title 4, Chapter 4, Section 19 -UNLAWFUL ACTS, Englewood Municipal
Code 1985 , ia hereby amended as follows :
A. Advertise Absorption of Tax: It eball be unlawful for any retailer to advertise, to
hold out or to state to the public or to any conaumer, direr'Jy or indirectly, that the
tax or any part thereof imposed by this Chapter will be auumed or absorbed by the
retailer, or that it will not be added to the aelling price of the property sold; or if
added, that any part thereof will be refunded.
B. Disregard for Rules; Penalty AsseBBed: If any part of a deficiency in tax payment is
due to negligence or intentional diaregard of authorized rules and regulations with
knowledge thereof, but without intent to defraud, there shall be added ten percent
(HI%) of the total amount oft he deficiency; and in such case, interest shall be
collected at the rate of one percent (1 %) per month on the amount oft he deficiency
from the time the return was due, from the person required to file the return,
which interest and addition shall become due and payable withio fifteen (15) days
after written notice and demand by the lli!eeteP CITY .
C. Fraud; Penalty AueBBed : If any part of the deficiency is due to fraud with the
intent to evade the tax, then there shall be added fifty percent (50%) of the total
amount of the deficiency , and in such case the whole amount oft he tax unpaid
including the additions , ehall become due and payable fifte en (15) days after
written notice and demand by the DiPeeleP CITY and an additional one percent
(1 %) per month on eaid amounte sball be added from the date the return wae due
until paid.
D. False Statement,,: It shall be unlawful for any person to wil1fully make , prepare or
submit a tax rr!:urn , or other document, containing any false statement, or to
willfully make • false atatement in any investigation or hearing, which may affect
the tax liability of a,iy person.
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E. Annual Jntere■t Rate; D,Jlciency Amounta: Wilh re■poct to lraDlacwma
con■wnmated on or aftu January 1, 1986, that reoult io deficiency amount■ u
defiued in lhi■ Section , the annual rate of interut ■hall be that eatabliabad by the
St■te r,,mmiuion■r ,.>fB■nkins punuant to ■ection 39-21-110.6, C.R.S.
~-Title 4, (;1'!-,otsr 6 Section 3 · TAX IMPOSED. E111lewood Mu: icipal Code
1985, is hereby cbano,•i .. follow ■:
There is hereby levi,d JU and apinat all ut.ilitia■ buainee■eo and occupation■ maintaininc
facilitie1 or car:yi~r or. function■ and operation■, or both. within the City, except u
hereinafter excludrd J annual lox in the sum of one hundred twenty thouaand 'ollan
($120,000.00) f,·s •h , ·nod of October I, 1983 and one hundred sixty thouaand dollars
($160,000.00) /rol>l s.,rl. after October I , 1983 on the buaineH and occupation of installing,
maint■inina 1mJ Oi'•:utinr ouch utility within the City, and/or providina local exchange
telephone services to cuatomen within the corporate limits of the City.
The lox levied by tbi1 Chapter ■ball commonce and become effilctive on October 1, 1983,
and shall be due and payable in twelve (12) equal ... ,nlhly inltallment■, with the lint aucn
installment due and payable to the City &HI,_ olliee ef lhe Dife"'8r ef ~inoaeial So, ;eea,
thirty (30) clay• after the effective clai, li••'"'f.
~-Title 4, Chapter 6, Sectic1• •: • D:~"INITIONS, Englew ood Municipal Code
1985, is amended•• to the followinr o4ly :
LICENSE OFFICER OR
CITY LICENSE OFFICER
The~ ~;,,oaeial 8ar, ieea
~ CITY MANAGER of
of Englewood , or hie A duly appointed
deaipH.
Sectjop 47 Title 6, Chapter 1, Section 3 · DEFINITIONS , Englewood Municipal Code
1985, ia hereby amended by the insertion o; :.he following amended definition in
alphabetical order, aa follows:
The followinr amended words and phrases, when used in lhi■ Chapter, shall be construed
to have the followin( meaninp:
CHIEF BUILDING INSPECTION: The Chief Building--OFFICIAL for
the City of Englewood, Colorado, or hie
authorized designee.
Sectjop 48, Title 6, Chapter 1, Section 4 • BURNING AND FIRES, Englewood Municipal
Code 1985, is hereby amended u follows :
A. Permit to Burn Required. It shall be unlawful for any peraon to burn or permit to
be burned on any open premise■ owned or controlled by him or on any public street,
alley or other land or premises, any rubbish, wute paper, wood or other flammable
material, unleu a permit therefor shall lint have been obtained from the Air
Pollution Coi:trol Officer of the Tri-County District Health Department and
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:.ountaniped by the 9ifollor d i•lo'J Sor,oi111 CITY MANAGER or any
autbamod dnisnee --'·
8 . Condiliou ud Rootrictlona. All ouch open fires, includins bo~ and outdoor
traoh lino, ,hall be 1ubject to such conditions and n,1trictim,a u horeinafter set
forth u tblt ,W P1U11Moa 91ieer 11111 lh1 9ifee,er el 9ale'J i111•i-iee1 CITY 1hall
prucribo. The srantinc or denyinc of ouch permit ahall be baoed upon the location
end prolilni~. , .r ouch buminr to any building or other ltl'UctUNI, the p:itentw
contribution , s uch burning to air pollution in the an,a when the ame 'riolatet
emiuion au .:,~,rrl I established by the 1owa of the State of Colorado or n,gulationa
and -trk-r. ,no of the &ard of County Commiturionen af Arapahoe County State
ofColondo.
C. Exception be 'l<!,trlct..ono. 'l'hi8 Section shall not apply to:
I. Buminc ~• t.,e tuUrtle of any agricultural o;,,,ration in the crowinr of cropa u a
1ain.ful occupation;
2. Firn used for noncommercial cooking of food for human bein111 or for
inatructional or recn,ational purpoees;
3. Smokeless Oan,s or safety a...., for the comhuation nf waste paee; or,
4. Flan,s used to indicate some danger to the public.
D. Incinerator Bunting.
I. It ,bar. be unlawful for any person to burn any comhwltible refwoe in any
incinetator within the City e,cept in an approved multiple-chamber incinerator
or in equipment found by the Air Poll•ttion Control Oflicer of the Tri-Co,mty
District Health Department in advance of such uses, to be equaJy effective for
the purpose of 1•.'r pollution control as an appro·,ed multiple-chamber
incinerator.
2. It aball be unlawful for any person to operate or cauae to be operated, any
incinerator in su,h a manner u to create emissions which violate om.iaaion
standards ao eatablilhed by the law a of the State of Colorado 01 ,esulationa and
restricthna of the Board of County Commiasionera of Arapahoe County, State
of Color~do.
~ Titie 6. Chapter I, Section 7 · INSPECTION, ACCESS TO PREMISES,
Englewood Municipal C . .ie 1985, ia hereby amended as follows:
It shall be unlawful for any peraon to refuse to admit any member of the Tri-County
District Health DepartmEnt, er •e ~i:Pe Qi ieie11,:Pel:iee 9i ,iei1111, er the SWefRtti:18111
Oilieial a, 11,e ~leiphe,heeli lle.,.;eea llep8"'mea, er ,1,e Gill OR CITY PERSONNEL, or
any authorized deaicnee thereof, to any property, premiaea or place, at n,uonable times
upon presentation of identification credentials, for the purpoee of determininc whether or
not there ia a violation of any of the proviaii>na of tbie Code. If not admitted, an order from
a court of competent jurisdiction may be obtainad for ouch admitt,i;ice. A qualilled peraon
from the premiaea involved may aceompany the authoriud officer, provided that ouch
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peraon is made available without 1mneceoaary delay to u not lo obttruot the PIUpOII of the
inveetisation.
Sactjpp 60. Title 6, Chapter 1, Section 8 • SMOKING, SubHCt.ion G, Eqlewood
Mllllicipal Code 1985, is henby amended u follow.:
G. Areas Whers Smoking Is Prohibited. Smoking shall not be permitted and smoking
areas shall not be designated in those areas where smoking is prohibited by the
llifeeler efSafe" Se,.,jees CITY , State statute, ordinances or r.,ruiationa of the
City, or other applicable laws.
Sectjop Ill Title 6, Chapter 6, Section 1 • ENFORCEMENT OF ZONING AND
ENVIRONMENTAL CODES, Enclewood Municipal Code 1985, is amended aa followa:
A. The designated specialists who enforce specific Code sections as indicated below are
appointed limited and reotricted peace ofticera only for the purpose of iNuinc ud
serving summons and complaints for offenses committad in violation of the
particular codes they enforce:
Gede ♦ d · · we■,, Code Enforcement Officers, ZeaiBg EafeNemeM 9fiee.e eli
l'JeighlJerhaad 8~rieea Qfie119 of lee Dep&Plmeal ef Ge11111ul:IH" 9e •le,meat with
respect to Titles 5, 6, 8, 9, 10, 11, 12, 15, 16, and Title 7, Chapter 1, Sections IA. IB, IC,
and 2, Englewood Municipal Code of 1985, 8ll · alto the adopted secondary codea applicable
thereto .
The Chief Building Official, or such DESIGNATED officers, iaepeeMra, dep1taetHHtti
.....,._ 1 i,o I.he P11hlie Wsrht ll,,_ ,t114 with respect to Title 5, Chapter 7 and Titlee 8,
9 and 16, Enclewood Municipal Code of 1985, and also the adopted secondary codes
applicable thereto.
The aforementioned limited appointments do not permit these designated appointees lo
carry firearms , make arre1te and exercise any other duties of law enforcement officeta,
except u herein provided.
Sectilm.ll, Title 7, Chapter IA, Section I • DEFINITIONS, Englewood Municipal Code
1985, is amended u follows :
7-1 , · I: DEFINITIONS:
l'IW•~U,IM. 81,KJqGl,8
Ill~
l>ireehr of Finlllleiftl Serrieea
aal!l Gi"1 bieeaeing 9ffieer,
~I. Title 7, Chapter IA, Section 2 · RUNNING AT LARGE PROHIBITED,
Paragraph Al, Englewood Municipal Code 1985, is hereby amende~ as follows:
A. Dogs at Large. It sball be unlawful for any owner or person havinc the care,
custody and control of any doe to allow such dog to run at large in the City unleBB
such dog ia under the reuonable control of such owner or penon .
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I. For the purpoee of tbie Section, a clot thall be dNmtd to be 11111JW11 at 111111
when oft' or away from the premiee• of the owner, J)OIHUOr or k...,. lllereal
and not under the control of ouch owner, poeeenor or keeper, who ehall be
compatent to control such doe and wbo may be requirtd to demonelnt.l to a
member or the Bawlewoe• 9■p-••• 1f811N-, s ... ioo, CITY PEll80NNEL, •• ••! lllimal 1oa1rel e1&11r ohho Ci-,, hio or her ability to control ouda q
whenever such doir is not kept on or controlled by a leuh, cord or chain not to
exceed ten feet (101-
~ Title 7, Cha pter IA. Section 8-4 • RECORDS AND REPORTS , Eqlewood
Munici pal Code 1985, is hereby amended ae follow s:
The 9ep-■8' efSlliell SeP~eee CITY ahall maintain a record or all animala im!)01111de4
together with all fee o collected. • mnlhly Npo,. ohall he .,••• le Ille 11•••!11• aa,I all
feea &ane11H:,1eti '8 lee Treas ltl'er da~ .
Slmhm..AI. Title 7, Chapter IA . Sec-Jon 8-7 • POLICE DOGS , Englewood Municipal Code
1985, is hereby amended ao follows :
It ahall be unlawful for any person to will(ully or malicio111ly torture , torment, beat, kick,
mutilate, injure diaable or kill any dot used by tht 911,lll'tlllea• ef &afe"7 811 lliw CITY in
the performance of the functione and dutiee or, .. 9op-••• THE CITY.,......
MWHNBUhly HINtfere with er melijla 1111ials _,, w.eh. li1111 hile lleiat 111111 ~ Nill
9a,_.,a, er aa,-al.leer er mMllller ,tie,eaf'.the ,,mrm•ae ei..,. efllla Melia• er
llllhee aha-iii l}apaftlBen, er ef 1uaek alieer ar memller .
Sm:1imLU. Title 7, Chapter IA , Section 11 • DESTRUCTION HEARING, Paracraph D,
Englewood Municipal Code 1985, is hereby amended ae follow ■:
D. The Municipal Court will determine at the hearing whether the dog or cat, becauae
or its viciowi propenaitiea, preoento clear or preoent denirar to the oafety a( the
citimna of Englowood. When the dog or cat hae been the subject to two (2)
convictions of attar.knot reaulting in gr\evowi bodily harm, or property damap nf
five hundred dollar• ($500 .00) or more within a two-(2) year period, or it is
responsible fur inflicting death or gr:evoua bodily harm upon a human beinJ, there
is n presumption the dog o:r cat has vicious tendencit\s and preaenta a clear and
present danger to the safety of the citizens of Englewood . Thia preaumption can
only be rebutted by clear and convincing evidence to the contrary. Upon the c:ourt'a
determination that the dog or cat preeento a clear or preaent danger to the aafety of
Englewood citizens, the court will order the 811,:leweail Ele,Hteea• al Sefel)'
8eMeee CITY to destroy the dog or cat forthwith .
Section 117 Title 7, Chapter IA , Section 11 -DESTRUCTION HEARING , Parall""ph E,
Englewood Municipal Code 1986, is hereby amended &A follows :
E. If the dog or cat is not confined in the Englewood Animal shelter, the City may
petition the Englewood Municipal Court for a forthwith order le 9op-nl of
Seie~ to confine the enimal pending the outcome nf the deotruction
bearing, end the c:osto of said confinement will be asseaaed by the Municipal Court
at the termination of the hearing.
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~ Title 7, Chapter IC, Section I , DEFINITIONS, Enclewood Muqicipal Code
1985, is henby amended u follows :
The followina is the only chenae in definitions.
lllllEll'PQII . 9ifeeter af G11 ■■1H1i'7" 9e elepmeal el lhe
Gt-, ef laclew11111i, er hie .4111 .. ee
~ Title 7, Chapter IC, St,· thn G · DISPOSITION OF DEAD ANIMALS,
Enclewood Municipal' ,de 1985, is hereby amended 88 follows:
When any animal shall die within the City , it shall be the duty of the owner thenof to
remove the can:aaa of such animal and see that it is diapoeed of in a unitary fashion. It shall
be unlawful for an,y animal owner to fail or refuse tn remove such can:aaa, and such refusal or
failun shall constitute a nuiaanoe . When the anim d ClrCa88 shall be found in any,public
atreet, alley or place other than the property of the v°"""r, it shall he the duty of the~
&f8afe~ &e~,;eee , e'-• peliee elieer er ,\Rimel GeMnl Ofieer CITY, when knowledge
there<>f ahall come to a IT, to cause suchcarcau to be removed and dispORed ofin a
sanitary manner.
~-Title 7, Ch •<l:u.•,· :l, . ,noo I -PGYG8 CITY TO TAKE POSSESSION,
Enclewood Municipal Code i aJb . " hereby amended 88 follows:
7-2-1: PQLIGE CITY TO TAKE POSSESSION: ltahall be the duty of_,._ elioo,
THE CITY to take into !tie ITS poueuion, "'""" 4eli •• le \he llireeler d Sole~ s • .,., .....
le his 481ic,,ee every item of penonal property lost or abandoned within the City of
Enclewood. which item ahall be held by the lliresle, ar sate.,. s,,.;ees CITY fo r disposition
in acoordance with the provisions ofthia Chapter.
~ Title 7, Chapter 2, Section 2 · PROPERTY USED AS EVIDENCE, Enclewood
Municipal Code 1985, is hereby emended as followa:
It ahall he the duty of the llirel!ler sf Sole~ Se"••• CITY to hold, pending final diopoait10n
of any char&•• apinst the owner or p088eaoor thereof, all articleo of peroonal property seir.ed
as evidence for use in the trial of such c:haraes, Aft.er final disposition or said c:haraea, except
in the case of danaeroue or deadly ~ eapons, and except u the court may otherwise direct,
upon demand by the rightful owner thereof and the presentation or satisfactory proof of
ownenhip, said articles shall be returned to auch owner . In all other cueo, said articles
shall be diopoaed ol ;u aa:onlance with the provisiona ofthia Chapter.
~ Title 7, Chapter 2, Section 3 -DISPOSITION OF CONTRABAND, Enl!lewood
Municipal Code 1985, is hereby amended as follows:
No firearm nor any article or gamblin& equipment nor any contraband or confiscated article
of any natun whatsoever in the poaseaaion of the lle,-eM ,rSole'1'-8el'Yiee&-CITY,
~•bother abandoned, unclaimed or otherwise , will be dioposed of under the provisions of
S.iction 7-2· l, E.M.C. 1985. Such property shall be dispooed of aa followe:
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C. If the INeelof CITY receive, no written claim within the above thirtr· (80) ,daf claim
period, the property ahall become the aole property of the City ofEllllewood and any
claim of the owner of ouch property •hall be deemed forfeited .
D. If the~ CITY receivea a written claim within the tbirty-(30) daJ claim pniod,
the~ CITY ahall evaluate the claim and pve written notiai to the claimant
within ninety (90) daf• theroof that the claim la1 been ...,.pied or denied in whole
or in part. The DiNNt CITY may inveatipte the validity of a claim and may
n,quaat further supporting documentation from lb claimant prior to diaburainc or
refusing to diaburae the property.
E. In th, event that there is more than one claimant Co, •·•• IIUlle property, the DiNNt
CITY may, in lile lliNoler'a ITS aole ,iiacretinn, n<su,..,, ,aid claima BY FUJNO ""
interpleader action.
F. In the event that all claimo filed are denied, the prope;~, .. hall become the aole
property oftbe City of Englewood and any claim oft'•• ,-,ner ohuth property ,,..:i
be deemed forfeited.
G. AJ,,y legal action filed challenpng a decision of the 9iNeler CITY ,hall be filed
purauant to Colorado law within thirty (30) c!,.,ya of auch decision or ahall be forever
barred. If any legal action is timely filed, the pt oerty sbe.ll ho diaburaed by the
~ CITY pursuant to the order oF the Court having jlll-:liction over ouch claim .
H. The llioeeleP-CITY is authorized toe.· •.blish and administer procedure• f'or the
•dministration and disposition ofuncicimed property oonaiatent with thia Section 7-
2-4 , inclwlinc oomp!ian,e requiremente for other Municipal offic:era and employee• in
the identification and diapoaition of such property.
~ Title "/, Chapter 2, Section 4-4 • DISPOSAL Ok AbANDONED TOYS AND
CHILDREN'S ARTICLES, Englewood Municipal Code 1985, is hereby amended aa follows:
At the option of the 98'eetar af Ad · vali e 8ePtieea CITY, any toys of whataoever nature,
including bicycles and tricycles and other articles made for use by children which are tea
unclaimed for thirty (30) days or more, may be sold in accordance with Section 7-2-4 or in the
alternative may be given to such needy and unfortunate children within the City u the
llioe•• e( Id . ftli e 8eP>iea1 CITY MANAGER OR DESIGNEE deema appropriate.
In the event of diaposition of such articles withont aale, the '-eetar ei A d · ••e
8ePMeO CITY MANAGER OR DESIGNEE shnll , at least ten (10) days prior to ouch
disposition. cause a public notice of the description of suclt articles to be publiahed and shall
provide for a reaaonable op po rtunity for the rightful owner to claim the same.
~ Title 7, Chapter 6A, Section 5 • RESIST, INTERFERE WITH MUNICIPAL
OFFICERS, Englewood Municipal Code 1985, is amended aa follows:
A. It ahall be unlawful for any person to resist a peace officer, under color of official
authority, from effecting the arrest of any peraon, by the Ille or threat of phy1:cal
force or violence, or any other means which cn,atea a subotantial riak of phyoical
i.ajury .
JS
B. It ahall be unlawful to knowinaly obltrrn:t or interfen, with or binder• peace o!lcer
or fireman In the dill:bup of hil dull ...
C. AiHB••~m ahhe IMili• dPelioe CITY CF ENGLEWOOD EMPI..OYEBS who do
not have to be certified under the proviaiona of part 9 or Article ?9,5 of Title 14,
Co1m1do Reviaed Statute., aa a c:ondition of employment, ,ball be included within
the definition of 'peace ofllc:en enpced in the performance of their dutioa" within
the meanin1 of Section 18·9·201(2) C.R.S , even tbouah ouch penonneL by their
limited appointmente aa apecified in Section 6•5• l of thia Code , are without tbe
certification n,quiremente of part 3 of Article 39 .5 of Title 24, Colorado ReviNd
Statutes.
D. Ga&, J; d · Wtl'8r, r.ode EnfJrcement Officers, ZellHIIBaflreemeM Qliee11 _.
Jlleip8arheed Ger,-i11e191ie.N~e 9epl!NDeM efGeamMHf De el1,111at1rith
respect to Titles 5, 6, 8, 9, Ill , 11 , 12, 15. 16, and Title 7, Oh,pt•r I, Sectiona IA, m,
IC and 2 Enaiewood Muni<Jpal C'.ode of 1985, and also the adop ted oec:oadary c:odea
applicable thereto ARE AU!') '1'EACi!: OFFICERS" WIT!flN THE MEANING OF
TIIIS SECTION .
The aforementioned limited appointmente do not permit these designated appointees
to carry firearms, make aneste, and enn:iN nny other duties of law enforcement
of!icen, except as herein provided .
~ Title 7, Chapter 6B , Section 13 · SOLICITATION OF TOWING OR WRECKER
BUSINESS, 'Paragraph A. Enalewood Municipal Code 1985, is hereby amended aa follows:
A. It;. unlawf1tl li>r 81\Y penon to Jrive or cause any tow truck, or vehicle equipped to
p1<>vide towing service, to be dri,a:i to, or tD stop or pork any such nhicle, or cause
the same to be stopped or perked, at or neor the ec:ene of any fire, explosion, traffic
aoc:ident or other diautor with the intent to solicit towina or wrecker buainea, when
euch tow truck or vehicle has not be,n called to the ec:ene by the owner or operalOr of
the damaced vehicle , ortheownerofp,"'l),rty required to be towed from the ecene, or
by his duly authorized qent or inluranoe carrier, or by an agent or representative of
the Dep-elll ai 8alei, s.......,s CITY, er hf a &rem..,. CIT'i or other peace oflioer
attendinr the scene .
~ Title 7, Chapter 6C , Sections 3 · PROlUBITED USE OF WEAPONS,
Englewood Municipel Code 1986, is amended as follows :
A. It shall be illegal for.
I . Any person to knowingly and unlawfully aim a fireorm at another person.
2. Any person to n,ckleuly or with criminal negligence diacharge a firearm or
shoot a bow and orrow or blow-dart weapon .
3. Any person to have in bis/her po ..... ion a fireorm while under the influence of
intoxicating liquor or of a controlled subatanoe , as defined in Section 12·22·
303(1), Colorado Revieed Statutes. Po11euion of a pennit iuued under Section
IS.12· 10H Colorado Revised Statutea. is no defenee to a violation of thia
subeection A.
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4. Any penon to aim, 1wini, or throw a nllDl'hlU (nunchak111) or a tbzowi111
1tar, aa dofilwd in Section 7-60-0 oftbia Chapter, at another P8l'011,}'I' an,
penon to lmowinsly poue11 a throwins atar or nuncbaku (nuncbakua) in a
public place uetpt fur the pwpooe of pnoenlini a public domo~t.mQIID or
exhibition authori&ed by~ CITY, orpunuant to
inatruction in conjunction witb an orpni,.ed acboo1 or claaa. When
tranaporting throwin1 •tan or nuncbadu (nunchakua) for a public
demonstration or exhibition or for a ac:bool or cl ... , · ~"Y &ball be traneportad in
a cloaed, nonacce&1ible container.
5. Any perac:q to hit. •wine, or uae any ci.a •,il"~ " ?r.r,o;: A r,f leather or other
materials imph.' ltt t.ed with spike •:.• . ..i.r..:t.~~ ·, 1t'80n, 11r any penou to
knowing), r pou,11 any device com po• ~ ,,; : ., ' '" or other material
imprefllll "'d witb epikea as defined in , ,.ct · 7-GC-0 in a public place except
for the purpoae ofproaenlini ~ demonatntiun "'eltlllbi..ion autborized by tb9
Direeur alieeli) Se~••• CITY. When t:ramportin .: any device comp.>1ed or
lea tber or other materi&l impre(DB.ted wi..!i 1pilu;1 for a public de:.iow,tration
or exhibition, tbey abalJ be tranaported in._ cloaed, nonaa:eaaible container.
6. Any peroon lo discbarre an air IUD anywhere in thil City except in ahoolioi
galleriee or on any private gn,unde or in any reaidence where 1ucb jnm-ument
can be fired , discbarfed or operated in sucli a manner tbat tbe projectile d-
not travel outaide tbe limits of such fallery, ground&, or reaidence; and,
provided further, tbat 1!-te instniment shall not be diacbarged or 0!)8rated in
aucb a manner as lo endanrer persona or proper y. Nothing herein contained
ahall be construed to prevent tbe concealed carrying of any air IUD when
unloaded and properly caaed lo and from any ranre or fallery.
lllaiRa.J&. Title 7, Chapter6C,Section 4 -FORFEITURE AND CONF1SCATIONOF
WEAPONS , EDilewood Municipal Code 1985, is hereby amended aa followo:
A. Forfeiture. In eveey caae wbere a person is charred witb a violation of this
Chaptar involvi"i a weapons ofl"enae, he/she abalJ forfeit lo the City ouch
dan(Oroua or illep.l weapon .
ll. Confiacation. It ahall be tbe duty of e ,.., palioe ellieer THE CITY, upon
THE maltiDi OF any arreat and taking OF a concealed weapon, offensive
weapon or inatrwnent of crime , from the pel"IIOll of the offender, lo deliver the
same ID the CUBIDdian of the 9i ieien ei Pelioe CITY property room, lo be
held -,.llialher until the final determination of the prosecution for aaid
offenaa; upon the finding of (Uilty, the Municipal Judie mey order forfeiture
of such weapon or instrument hell!. h! Nll!lher TO THE CITY until the final
determination of the proaecution for aaid offense; upon the finding of guilty,
tbe Municipal Judre may order forfeiture of such weapon or inatrument and
deliver said weapon or instrument to the Qireet.ar o{Sa:f.e" SePll'i:eee , er
hiolher illlli •~lheMOli ap1a,, Cl'IY for deatruction or other lawful usea.
lllmilm...U. Title 7, Chapter 6E , Section '.
Municipal Code 1985, is hereby amended~
·:~BORING OF MINORS, Englewood
.!Iowa :
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l , r b4ll be unlawful for auy perolOn '.o Y!'lowln~ly harbor, keep ....,..™1, cohabit with, or
provide shelter, lnr any 1111111&rriftd 1:.,1f.,11 und,1r the ap of eishteen (18) yean without the
conaent of the parent, cuardian or sth,i' ~•l'l<'u having legal cuatody of oucli penon.
A. It shall be unlawful for an)' l"''°" to harbor, keep aecreted, cohabit with or provide
shelter, for an7 unmarried perio11 under the age of eillhteen (18) yean when ouch
peraon lmowa IUCb minor peraon to be a parole violator or a fugitive from lepl
prooeaa . Provided, however, that thi ■ Section ohall 11ot apply to any orsanization
recognized by appropriate re,olution of the City Council which ia providing
counseling services for any ,u,a minor; and provided further that ■uch officially
recognized organization ahn d o•>t pn>l'ide shelter, or harbor such minor for more then
forty-eigl,t (48) hours nor ■hal l t.hey ,helter or harl>or 111ch minor after demand baa
been made on them by the 8Brlend 9epa, "'•eel dllolei, i;., ••• CITY for
delivery of such minor to t.i ,e Ei,gle..-...t-9ep-eftl e(Solei, Se.,oee, CITY.
B. Any person found guilty oh 1·i,1la bon ofthi, Section shllll upon conviction thereof,
be fined in the sum of not bu 1),an one hundred dollan ($200.00) or more than three
hundred dollars ($300.00) or be impriaoned for a period of not leaa than thirty (30)
daye or more than niru,ty (90) daye or both sue.h fine and impriaonment.
Sm:sism...7ll. Title 7, Ch apter 6F, Section 10 • SAFEGUARDING ENGLEWOOD IJBRARY
PROPERTY , Paragraph C, Englewood Municipal Code 1985, ia amended u fi>llowa :
C. Authority to Stop and Inquire.
1. If any person conoeale upon hia peraon or otherwise carries away any
Englewood Public library reading material or other library property thet wu
not properly charged out by the proper agent or employee of the Englewood
Public Library or was otherwise taken without permission, the~
Pelie bihNl'I s,,...;.,., 9ifs•r er-any Englewood Public Library
employee/agent, or any peace offioer, acting in good faith and upon probable
cause based upon reasonable grounds therefor, may detain and question auch
peraon, which includes asking him to empty pockets, handbags, knapucka,
briefcases, etc., in a reasonable manner fur the purpose of uc:ertaining whether
such person ia Mlilty of unlawfully removing or aaiating in removing library
reading material or other property belonging to the library. Such questioning
of a person by iJ te Bacle~ eed Puhlie LH,,er, Be~rieee 9ireeter said libruy
employee/apnt. or said each oflioer civilly or criminally liable for slander, false
arrest, false imprisonment. malicious prosecution, or unlawful detention.
2. Within thirty (30) days after the passage of the provisions ofthi, Section 7.
6F-10 and before any action ia taken thereunder, there will be signa
permanently posted within the Eng]awood Public Library and on the front
door thereof informing the public that mere entry into the Englewood Public
Library grants consent to the 811cle• ••• P•hlie bil!••l'I llep;oea m,eeler
CITY, library employees/agents and peace officers to detain and question
such person , in a reasonable manner for the purpose of ascertaining whether
such person ia guilty of unlawfully removing or assisting in removing library
reading material or other library property when the Eecle• ••• Pulie
bihrlll'I lle,..,;e,a 9il'eelsr CITY, library employees/agents, or peace officers
act in good faith and upon probable cauae. Thia entry also constitute&
38
•
CODHl11 for the pereon empt.Yin& clolhins pockets, handbap, lmapucb, b,;.f
cues, etc., wbtn uked to do to. ~•-, _,
~ Tille 7, Chapter 7, Section 2 • DESTRUCTION OF PROPERTY, Eqle~
Municipal Code 1985. is heN!by amended a■ follow a:
When a fire is io progre11, the llileBler ef 8oie11 Ser,~eee CITY MANAGER, or io his
abaence the hisbeat rankios paid officer io attendance, may or,ler an,y buildins or
buildinp, fences or other 1tructure1 that an io clo1e proximity to auch fire lo be torn
down , blown up or otherwise diapceed of, if he deem• it neceeaary for lhe purpoae of
controllins the pro~H or preventing t!ie opread of auch fire .
~ Tille 7, Chapter 7, Section 3, MUTUAL AID AND AUTOMATIC AID
AGREEMENTS , EnsJewood Municip, -Code 198b, is hereby amended ae follow,:
The City Council ma,y enter iolo -mente with other cities, towna, fire protection
districts, corporsliona, or iocorporated area■, relatins lo the mutual and/or aulomstic
exchange of aeaiatance io figbtiq lites, but the 9; ;.;ea oi l'ile CITY sball not answer any
call which ia out.tide of the City BOUNDARY unleas such fire ia one which is covered by
such an agreement for mutual and/or automatic u■Ultance .
~ Tille 7, Chapter 7. Section 4 • EMERGENCY RESPONSE AUTHORITY,
Enslewood Municipal Code 1985, is hereby amended as fol!ows :
A. Tbe Eme....,ncy Responae Authority for the City aball be the llile"'8r e{ Safe-,
8-lieff-CITY MANAGER OR DESIGNEE who aball exercise continuins
supervisory authority for lhe cleanup and removal of the hazardous subatance
iovolved in a hazardous aubotance incident.
B. Tbe City is hereby authoru.ed to clam: reunbunement Crom the pa--tie.1 or P',rson
responaible for a hazardous auhstance iocident for the rea s•·· ,ble and docmn,•uted
coots resultins Crom action taken to remove, contain, or oth wise mitiple the
effects or auch iocident not iocludinc costs neceBBar'J lo extinguish a fire.
Sectjog 7' Tille 7, Chapter 7, Section 5 • ESTABLISHMENT OF MOTOR VEHICLE
ROUTES, Enslewood Municipal Code 1985, is hereby amended as follows :
For vehicles transporti.nii explosives, blasting agents , hazardous chemicals or other
dangerous articles, the routee for vehicles tnlDll-orting explosives , blastins qents,
dangerous chemicala or other dange,oua article> a r-. hereby established as follows :
Santa Fe Drive
U.S. Hisbwa,y 286 , exclusively between the houn, commencing at 10:00 P .m . and
endiog at 6:00 A.M.
All opera lore of vehicles trsnaportiog explosives , bla1tins asents, huardoua/dangeroua
chemicala or other hazardoua/dangeroua articles on a route other than aa set forth in lhia
Sec.ion aball have documentation io their pouession 1howin1 the poiot of orisio and
39
de1tination or the vehicle and ita content. in ■uftlcient detail to j111tify the u■e of• route
other than u ■et forth in thia Section. It it a violation or thi■ Section to fail to produce
aucb documentation to nu officer of Qe-En1lewood 9i ~1i111 ef Poliee arid it ahall allo be a
violation to be on a route ot~er than •• ■et fnrth herein without 1ai<i documentation.
~ TiUe 7, Chapter 7, Section 6 · ESTABLISHMENT OF FIRE LANES:
A.
B.
C.
Fire lanes shall be established on private property devoted to public u se where the
parking of motor vehicles or other obstructions may interfere with the ingreu ond
egress ofDM-~ lire vehicles for the protection of persons and property, IUCh
ae, but 1101 1:mited to, shopping centers, bowlin11 establishments, theaters,
hospitals, schools, churches and other similar location where firefightin1 apparatus
and equipment cannot be used effectively from public acceasways.
The Pl,,eeier sf Safei, SeP¥iees CITY MANAGER OR DESIGNEE 1hall eatablilh
said fire lanes on premises heretofore set out by filing a plat of said private
premises WKft .ate 9epenmeM efMlie We,H aali W!lh ,he Di ~1i111 ef Paliee el
IN the City, specifically dellillft•tinc thereon the width and route or such lire lanet
aa shall be essential for the necessary ingresa , egresa and movement of lire
equipment and apparatua within and upon said private premilea. Slid plil• ■hall
hear ,he elat.e sf app,e al ef Ute E>ireNr ef Safe',, Ser1rieee .
Upon fJin1 the approval plat designating the nec,saary lire lanes and widths
thereon with the Qep-•111 sf Jlw,lie mONII aad Ille Qi ieisa sf Psliee CITY, as
provided herein, the Qifeeter ef8elei, Ser, ieea CITY MANAGER or bi& deaignee
shall forthwith deliver a copy of the same to the owner, operator, tenant or leaaee in
posaesaion of said private property with written notice, and order to proceed to
make and post said lire lanes in conformance with the Manual and Specificationa of
the State Department ofHig,,.ays . Within forty.five (45) days after notice, or
auch additional time as not to exceed forty.five (45) additionnl days, the owner,
operator, tenant or lessee in posaeasion shall complete the necessary markinf and
signing as required herein .
D. Failure of the ow ner, operator, tenant or lessee in possesaion to comply with the
requirement as set out in subsection C hereof shall be considered to be a violation
of thls Code and may subject the owner, operator, tenant or lessee in poaaession to
the penalties prescribed in the Englewood Municipal Code .
E. The owner, operator. tenant or lessee in possession may appeal the order of the
Qifeeler ef Sal'ell s,.,,;eeo CITY MANAGER as provided in tbi& Article .
F. Appeals. When it is claimed that the provisions of this Article do not apply in the
manner in which the Qifeeler of Selei, s,.,,;cee CITY MANAGER determines, or
\en it is claimed that the true intent and meaning of this Article have been
. ,construed or wrongly interpreted by the Qi eeler ef Safei, Sep,;eee CITY
11,{ANAGER, any owner of property agrrieved thereby .Jay appeal from the decision
of the Qifeeler of Safei, Se,-,; ,ee CITY MANAGER OR DESIGNEE to rhe
Englewood Board of Adjustment and Appeals within thirty (30) days from the date
of the dec ision appealed. which Board shall review the decieion of the~
8ol'ei, SeP.;eee CITY MANAGER and render a final and binding deci sion
thereupon. In considering such appeals, the Englewood Boarrl of Adjustment and
40
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•
• •
•
Appealo aball have the powers granted to the Qifeelor ,i Salei, ~TY
MANAGER by thil Article .
~ Title 8, Chapter 1, Section 4, Enalewood Municipal Code 1986, ii hereby
amended by deletina the entire Section 4, u followa:
Ql''ISIQtl QF HIJILQUJG MID 8.• FE'l'1' ~HnllSTRATJQN GQQE
8 I I. GR&' TJQtl QF Ql'i'181Qtl 9F HIJILlmlG ~ 8 • RET1'1
~•aio11 E1'8hlieheli
1. 'Phe,e 1fted:I lie a,ul ill he,all, 1111M.hli1hed lftthie the Depuime11t ef PHlie IUeM a
9l ;aien ef B clHaieg aeel S&ftel'J .
~-The Qi ieio11 ohall ho alieoilliolereli hi Ille Ghid Hllilliillc Qllieial appoittleil hi Ille Gii,
Hanacer in aeea,deftee witih lhe Qa,eer &efflee , ... ieiene eeatMBeli ia'Pitle a ef._
~Ceieipal QNI ed. wbeae ,.._ Ha aad autie1 ■N hereiea&er dei:eeli, 'Ale QhiefBwilllillt
91ieW ■hall lie 111M:lileiJ .,-eli11eali11a Hiller e11pefteae1 ta '81 le ela eaW,liahul ill the
appre irt1d jell deeeripMea fer lhe pe■i■en
a The Gi.,_ lleM1"rohall he e111poure1h1 eppoittl liep•lie■ ehhe GhieHlllilM1119Mtial
Hit '81 e eat ef'8e Qlud ' .ailaiet Qffieiel.11 Haeaee, llieallili.,. er hie aeell fer••-••
...,, ettt hie Naetieu. 'Rle dep111tiee ■hall lie 11e1tetl 11 ite 1111h a1Hhel'M!9 IHI•~ •
lhtiHia1 9f&Ml lrawfetlly llllll!IHI. 1
8 . Jdeaefiealiea ef Dl iaiea imple, eea . Eaeh emple:,ee ef '-Qi iaie111ftell lie, .. ~tie ■
e, ,be Gi-, wi'8 Ml hientii••ea ... Naliac. ,ee•cr•,h ef Wte 11111,111, H ...
infermolioa .. ,llireil h, Ille GhieiBllilllit,g Qllieial. heh iilealiioolion -11 ohall aloe hoer
'8e 1u1,ft11My Cf9:11:letl be,eia. SttM emi• 1ftall li11 WMtl 97 •he 1111P1a1111 i•B11tii11• ••
shall he u11II wftea aeee11u,: • IIPllletlf illeaafy '8:em1el ea~ hie 11erfermiB1 alillial
flvlie&,
Section 77 TiUe 8, Chapter 1, Section 6 • GENERAL POWERS AND DUTIES ,
Englewood Municipal Cocie 1986, is hereby amended ao follows :
A. The lli ioioa ef BllillHIII Mil 8afelj CHIEF BUILDING OFFICIAL shall
administer and enforce the Enalewood Build.in, and Safety Code . .,,,1 all llher orliillHeea
and: eed:ea hieh ma, hereaAer he aeeipied Ml 4 .. e Qi isieo fer eaia,eemen, at1d
admiltieffltijea. 'Phere He ftereh, ,eated te the Di ~eien the thtliea of eMlreiec all
n,I · · leri11r ,he Eoglewaeli Hoilm11r oali Safe.,. Galle 011,I all pa" ere 11eee11..,. fer e11eh
enieree111e11,.
H. The Ghief B llilmng Qffieiol ahall manage ,he speralisn ahhe d; ;sis11 sf H.;J,i;,,g oali
~
G. lnepeeklre, \eehnieiane . &eeiet.81116 and elher e111ple, eee ae refl:til'eli and attthorieed. HI
tfte annu&l l,1:1llce1 . shall he ap110U'l1eli and aeeig,eeEl ta t:he Di R:eien HI aeeertleeee i,h ,he
,,e isiene ef:lillie ra,eer oer1~eee rules as eentamed HI ~"e 3: ef•hie )(1:1ftieipal Golie .
1--,ee,o,a ahaH ha e e11eh a1:1tlt.ePi., aa $fte GhiefRBIMllg Qllieial la~ f...U, p111e11111 ill
-~!l,eif aasi,.,,d ~111iee.
41
Q.. Reeo,u, 'l'he Shief lloilliier Qffieial ol,all maift'8itt ,oee,u of oppl "mlo1111 fer ,ol'llill,
pePm:ile iea\ted:, oeniiee:No ef eeeupa:ae,, HlepeeMeaa anti ill e11i19:1.i1ae, appli•M•u fw
liee11ae1, lieeftHI Hla111ed, ■ea eeUeet:ell aft!l elfter iafermaM:e11 M11,--, he nq.-e'3 &J.lliae
ehalH!teeeueh repaN le tile t;)ifee'8r ef PullHe U<ar:H ar.l!l •he Dire•• af.Eafet, ....... ,
e@11t1ePIHBC ihe aeM riUee ef '8e Qi iaieft , ~alat:ieae efthe Engle" 01ul B..:i:ldiac aafl SHI"
Code , aniJ. 011ell elher maHe,a aa ma, be FCftL!U'ed .
E. P11ldi.e la.epe ebe& KeeorM . Geaer&l file reeerrio ofihe Qi ioion ah.a.Y. he apen. fer pHlie
lftapeetiion httl ma, no, he reme ell . 811eai:ie illvi9'fd satiee reea,!11 a11 i:aiii llitl._ •111 aall
1iee111e 3ppHeaheaa a,e net ope a kl t;ho p Ltbl:i.e e11aev1 h, t,he llireelio11 af ~a Gi., Hw1er
er er!ler af lhe Ge lift.
I'. ,\olherily le l111peel . 'l'he Saief lluilliie1 Qffiaiel 098 his ••lli1ri1ea •r••• ■hall ha e
Mle-a1:1:ihaPi" '8 tlltlfleeli or eal¼Se le he Hlapeelied fer eemplteaee ¥1 iih ilte Eftlleweell
8oilliiar 09a SafelJ Seae, all hoilliiago, elNel11Pee , p,emioe, er olilit.ieo • ilMII lhe Sil¥.
C. &ice• ofiaw,. Uf.aeae er aeeeeau, 'H mHe Ml iaa11setian ie eale,ee-, a('8a
pre ili1ae ef '8:ie Galle, er , ~ eno er lfte Seid BWtiltg Qfi.lMI a· ae a11'81Mlli
re,H11M8ti e Ml p,ehal,le eaw.e U hetie e ._, ~ere aMitM ilt ae, II ·it· 1 • llll••-,
premieeo a:a~ ee,uH,iaa or Code l'ialatian Melt mH:e -: &'Ith hlrliiM111 er 11raH11 waft,
elaacere11e, or fta&11.rdo11:e, tihe Gh.iefB'ltidiftc Qfieial er 8fl a11:tiharm!ft repft!aealati o ma,
enter awiB 1,ttilfBIII er 11remilea a, aH ,ea11uhlie ltmaa ,a iupee, .ate...,,•'-,.....
..., ••ll ia,oooa opea lhe Shieilluilliia1 Qffiaiel hi laio Soso,,.,•••• IBM if111ol,
hl:lil--C er prelNlee 8e eee11pieti, ahe)ha ekali i,oti pHNBti ,,.,., e11eMaliola Hll ,1,11:mt
eat.Py, and if e11:eh li!JH!Ullg or p,emiaee lie 1c1eeee11pied, ahelee aM!l:l met aUe a r1ae111alde
eifeft '6 leeate the B9t&er er a,her peraene lta ing eh&flle er eoa&el of the lnlilding er
p,emie111 anti 1e,11e1ti oaV, U111eh eaW, ie ,eNleel1 _..o (;:hiefBIIUIHIII ~ IPIM.t
a11:tfteMlli HpH1e11'8ti a allall he e ,eeo111Ne .. o ,., ,emeS, '" ritie,j..,. 1M ta 11--..
enB'} t Ta a,i111er er eeie11p1.111ti er ae, eleer ,e.une he Hie ehHca, we ■r •••l af-,
~-f,ri,Sliee1 ehtil fail. 11 aealeei, aAer preper HltW:Hl ti made M ,re ill.ea.,, law,
&8 pram11U, 11el'lllii e11W, ieenill 11, iee Saief lhttitillc Qlieial er &B a11i88PiNll
repreaeatie:B e fer lhe Plll"IIB&e efi.Bepeeliea e!l emuainaliiaa p~BW:&nl is~ Ce4&r
W. Ia eeiiratioae aa!l SuP" e) a. Iaei!lenia:I ie an, ef tkeoe !l11Hea anil pH ere, 8.al "lfitih:111,
limilet.ioa ohwe, lhe Shieflluilliiar Qffieial ehall eoadoel itt eet.igot.ioao ea eoo e,1 II
de'8rmine eempH.anee er aeaeea11H.aaee iWl tihe pro rioieae ef1he Ena:1891 eall B.ulMll1 ••
Sale" Qe!le eft eMU tit eeiicaR> er eaw,ae \e be i:B: ealiga~d all aeeideal8 pertaiHinc '8
bliti:Mllp, ea\l:oMea, p,emisee er 11lil:tl!eo fer Wle pW:Ppeae ef&aeEtrt · 1 w88'8er ihe
reitliiremeale afihe Segle~ aod Biai:&di:eg aetl SMe-, Qede ha e ltee11 iela .. ,i:
I. '!'he Shief lluilliiac Qffiaiel •• on) emplo, •• MHged ill, lhe erlfo-meel ohhio Saoie,
Ul ifte aieehure af iheir aiieial tlwliee, ehe:Y. eel. lihereh) •enller iee .. el II lie.Ille
pe,aeaalli and ie he•eh, ••Ii • ed ffoeo all pePBenal liohilill fe, ••l d..cHge lhal _,
eee,tte &a pereene er prepert, as a reetielt efaa, eet reqU:H'ed.~ ,an ere, aei er
emiaeiaa, ill Mte IUaeharce wh heir ft,diee .• 'kn, e~i hrewghi ae~~B111·Wiag
Qffi.eie:l er emplo) ee heea1:1ee efew,eb aei er emieaien itt ihe eafenemeni of e, pre ieiell8-ef
1hie Seae eholl l,e defended h! 1h, begal llepOP!meBI ef 11,e Ci11 •alil '"""""•lioe of lhe
p,eeeeeliltfl.
~ TiUe 8, Chapter I , Section 7 • ALTERNATE MATERIALS AND METHODS.
Englewood Municipal Code 1985, is hereby ,mended as follows:
42
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•
•
A. The proviaiona of the Eaclewood BnildiDf and Safaty Code an DDt iDladed to
prevent the UH of any material or method not apecifical)y preacribed by the Code,
provided any alternate OT moclilication to the Code bu boon approved ud ill UN
aurhorized by the Chief Buil<liDI Offioial.
B. The Chief BuildinJ Official may approve any alternate material or method,
provided that the propooed de&iJD, UH, or operation ia utiafactory and compliu
with the intent of thia Code and that the material, method of work pedormed, or
operation ia, for the purpooe intended, at leaet the equivalent of that praocribed in
thia Code in quality, strenrtb, effectiveneaa , fire resiatance , durability, aafaty and
sanitation.
C. The Chief lluilding Official shall require that 1uflicient evidence of compliance with
the provi•ions and intent of ,his Code be provided when alternate materials or
method& are intended to be utilized. When new technolo11M>S , Proc:e&MI, producte,
n.aterials and/or uses present technical problems which the~ nail ia not
trained to adequately evaluate, the Chief Building Official may require the tests be
conducted to 1ubatantiate compliana, with the intent and proviaiona of thia Code.
Such evidence shall be prepared by qualified eQJineera, specialiats, laboratory or
fire-ufety organizations, or other approved agencies acc,~ta ,le to the Chief
BuildinJ Official and al-all be provided at the expeDIP af the pt raon reqW!ltinJ
approval of tbs alterDJ .IA! material or method.
D. All details of any action granting modification of this Ox'.e shall be recorded and
entered into official records of the Di¥iliee CITY.
~-Ti.Ue 8, Chapter I , Section 9 ·UNLAWF UL ACTI, Englewood Municipal Code
1985, is hereby amended as follows:
It shall be unlawful for any penon to do or cause to be done , or perform or cau, to, be
performed any act contrary to or in-violation of any of the prov.sions of this Caci., or any
other code , ordinance, rule or regulation pro.D£ulgated therew.-der, "'hieh ie eale,eell 1t118
aamiaiale,ed h! lhe lli · siea eE lillilliiBc alNI s.r..,-sE Ille llep-eal siP •hlle WsNt1 ef
tihe Qep&:Amen, ef Ga .. e.i-, Qe ele,mea• •ll •~ Qe11B.PMBea, ef B&fe" 8e~riw, k
sHll l,o llllla'""'• INCLUDING THE FOLLC,WING :
A. Alternete Metboda, Materials and Equipment. For any p,.reon to UH= method,
material or equipment ae an alternate to the metboda, 11,ateriale or equipment
permitted by tois Code without firat having obtained approval in the manner
provided.
B. Licensing . To e:<cavate, erect, construct, enlarge , remodel , alter, repair, move ,
improve, remove, convert or demolish any buililing, structure or utility in the City
without firat obtaining a licen.ac or a,rtificate in accordance with the proviaions of
this Code.
C. Lla,nsee and Certifir.ate Holder Reaponeibility . For any licensee or certificate
holder to commit any violation of the reF."t1onsibilities as enumerated elaewbere in
this Code .
43
D. Drawin1 and Specification1. To make application for a permit without lint havin1
111bmitted drawinl" and IJ)eCificat;one u ~uincl by pnmoiom of thia Code.
E. Ptnnita. To excavate, erect, c:onotruct, enlarge, mnodel, alter, repair, move ,
improve, remove , convert or demollah any buildiq, atructure or utility in the City
wit'Jout lint obtaining a permit in accordance with the proviaiona of thia Code.
F. Cntificate of Occupancy. For any penon to occupy any buildiq or atructuro
without 6rat having obtained a certificate of occupancy aa requil'ed by the
provision• of thia Code. The Chief Buildinr Official may L aue a temporary
certificate of occupancy .
G. Unaafe Buildings. For any person to maintain or permit to be maintained, any
huildiq, atructure or utility when aucll building, atructure or utility is unaafe in
accordance with the proviaions of tbil Code . These requirementa shall apply to
buildinp, structures or utilities n"" existing, under cor A ruction or being
demollahed.
H. Wrecking. To sell or to advertise for sale used buildinr materials at the aite of
wrecldng operationa
I. Burnin1 of Waste Material. For any contractor to burn paper, refute, waste or
other materials at the site of any wrecldng or building operationa without lint
having obtained the required permit aa provided for in this Code .
J. Excavation and Fill Materiala. For any penon to allow any excavation to be left
open, or any fill material to be piled on site, for a period in excess of sixty (60': days.
The Chief Building Oflical may extend thia perioo if necessary due to unusual
conditions .
~-Title 8, Chapter 2B , Section 2, SPECmC MODIFICATIONS TO ADOPTED
CODE , Paragraph J, Englewood Municipal Code 1985, is hereby amended aa followa :
J . Section 902.J . add a second paragraph u foll""8:
Applications for permita to conatruct commercial incinerators must be approved by
the State of Colorado, the Tri-County Health Department and the i:e1le• ssli ~iPe
ge,-eel CITY OF ENGLEWOOD prior to con1truction.
~-Tille 8, Chapte r 2F, Section 2 -SPECIFIC MODIFICATIONS TO ADOPTED
CODE, Englewood Mu"icipal Code 2985 , is hereby amended as follows:
The following specific changes, modificationa and amendments are hereby made in the
proviaiona of the Unifonn Code for the Abatement of Dangerous building, 1994 Edition,
hereinabove adopted :
G. Replace chapter 9 with the foll owing:
Section 901 . Notice of Coat. When any coata are incurred :,y the City in cauaing
the repair or demolition of any building done puraww1 ti ... l e provision.a of section
701.3 ofthia Code , tile City Manager shall cause a ataw:o•nt to be prepared~
44
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•
•
g;,,_ al Fit-1bowin1 the whole COit of repair to, or dl,molition of, any
buildin1, pluo fifteen pen:ent (!5") for acimlniotrative eo1ta, and 1uch atatement
,hall be mailed to the property owner(e) with inotructiono that oaid 1tatement will
be paid in full pluo coota, within thirty days of 1aid maiJinc.
Section 902 • AaaeesmenL U, after thirty daya from auch mailinc date, the full
amount of ouch otatament ia not paid, the City Manqer ahall inform City Council
of such f'act, and the Council shall thereupon enact an ordinance aue11in1 the
whole amount of such atate.ment, pluo an additional ten pen:ent (10%) of aucb
amount, acainot the Iota or traeta of realty to which such 1tatement ahall pertain.
Upon final p1188ge of such ordinance. a copy thereof shall be sent to eaeh penon
having a record interest in any realty upon which an a.....,ment ia made, and ti..
llil'eOler of f'if,-~ such aaaeBBments SHALL BE CERTIFIED to the
County Trf.ai1 11rer who shall collect such aaaeuments in the same manner aa ad
valoren: taxes are collected.
Se<1ion 903 • Lien Aaaeument. All such uooasments shall cunatitute, from the
effective date of the aaaeaaing ordinance, a perpetunl lien in the several amounla
aaaeued acainot each lot or tract of land, and shal1 rtave priority over all liens
exceptinc pneral tax liens and prior apecial asses ,.nenta. No deley1, miltakea ,
erron, or irrecuJaritiea in any act or proceedin1 au,J,orized herein shall prejudice
or invalidate any final uooas,r,snt; but the aame n:oy be remedied by oubaequent
amendmenta, acta or proceedinp, as the cue may require. When ao remedied, the
aame shall take effect aa of the date of the original act or proceedin g.
Section !KM -Other Remedies. The amount of any unpaid charge, pluo all penalties
added thereto, shall constitute a debt due the City. The City Attorney ,hall, at the
direction of the City Manager, i,,_stitute civil suit in the name of the City to ..;,..,ver
such charpa and penaltiea. Such remedy shall be cumulative with all other
remediea, including proaecution in Municipal Court for each llJld every vWation of
this chapter.
~ Title 8, Chapter 3A, Section 3, PERMIT REQUIREMENTS, Englewood
Municipal Code 1985, ia hereby amended aa follows:
A. Conatruction and Maintenance.
I. No private residential swimming pool shall be constructed without first
obtainina a construction permit therefor from the 9i. Mien af H IIMlfflll aalll
~!TY. Application for permit shall be made by the contractor who ia
to perform the construction work or by the property owner, if the property
owner ia to perform the work. The application ahall be accom panied by
duplicate sets of ~lans, specificationo and plot plana ofthe property. The plot
plan shall show ,i e accurate location of the propoaed awimmiq pool on the
property, together wir.h the typo? 1:~d eight of such fencing or enclosure as
mPy be required by Section 8-3A-7 hereof. The plans shall alao show the
location of exiatinc utilities, the location of proposed utility connections, and
the location of plumbina appurtenance, such as bacldlow prevention devices
and air caps .
2. No construction permita 1hall be ia&ued hj Ille Di ioisft erlhliWief HS
~ until the plana, specifications and plot plan have been approved by the
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Tri-County District Health Department and by the 9iPeelor ef Ytllilie ■ CITY
and ouch approval bu been properly certified on the plane .
3. All material UHd in the conetrw:tion of private reoidential ■wimminc pool■
ehall be waterproof and eaaily cleaned . Conetruction and duicn of oaid pool■
ehall be ouch that they may be 10 maintained and operated in a clean and
unitary condition at all timee . The ownere of every private re1idential
swimming pool ehall be reaponeible to maintain each pool in such mnrtition
aa to prevent breaks in the pool chauia or water from the pool overflowing
into adjacent public or private property.
B. Diacbarce System. !JI private residential swimming pools conotructed within the
City ■hall be provided with one drainalll' outlet with a maximum outlet me of two
incheo (2") and a maximum diameter of thn!e inches (3") which is attached to the
sanitaJy sewer syatem or a lawn sprinklin1 system on the premise,. The dilcharp
of water from such awimmin1 pools into a brook or storm ■ewer syotem ■hall be
permitted only by approval of the property State, County and City oflic:ialo u each
case requires. The QifieeMr dl:Jlili■H 11r We ae,Mtmaatel emple,ee CITY ehall
inlp8Ct the premise■ on which ouch a pool is planned to be conetructed in order to
determine the proper place and type of connection with the drainalll! oyotam prior
to tile isouance of any conetruction permit. Approval ■hall not be given to
discharge water from a swimming pool at the curb or upon the ourface of any
street.
~ Title 8, Chapter 3B , Section 4 • PLANS AND SPECIFICATIONS, Englewood
Municipal Code 1985, is amended as follows:
It shall be neceua.ry to .,Jbm.it to the »e,--., .. ar s, .. 119:it, De 119lep ■IB'i .,
Ilep-eal of Pohlie ll<■PH , lhe Ytililieo 9ep-eal CITY OF ENGLEWOOD and the
Tri-County District Health Department detailed plane and specificatione before any public
or semi-public swimming pool is installed, conetructed, modified, remodeled, extended or
enlarged. Before such work is commenced, ouch plane and specifications ■hall be approved,
in writing, by '1,e 9epllftlllea, ,,,,: Mlte Qtal'H, Sammulli-,i De elapmenl Iha Ytilitiee
IleperleoeM THE CITY OF ENGLEWOOD and the Tri-County Diotrict Health
f\epartment with respect to the layout and arrangement of all areas and the materiala to
be used in construction of the swimming yool, bathing areaa and aSBociated equipment.
~. Title 8, Chapter 4, Section 1 · NUMERICAL SYSTEM FOR NUMBERING,
Englewood Municipal Code 1985, io hereby amended aa foll ows :
The numerical syotem of numbering house■ and buildings is hereby adopted . One hundred
(100) numbera shall be assigned to each block, or in the ca se of any unplatted territory, to
each one-eighth (1/8) of a mile running north and south and one -s ixteenth (1/16) of a mile ,
running east and west.
A. All streets running north and south shall be numbered southerly commencing at
Yale Avenue at nu.ruber 2700; and all streetl running eaat and wett shall be
numbered each from Broadway as zero and west from Broadway aa zero.
B. While one hundre (100) numben, are allotted to each block , the division of
numben to the fro -..talll' thereof shall be one num •• to each twelve and one-half
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feet (12 1/2~ or other aliquot part of a lot or block frontap, /u to the 1treeta
runnin1 north and oouth, e~en number ahall be on~ eut 1ide oftbe ■treet and
odd numbers on the weot aide of the street. Al, to the 1treeta 1'UIIDUll eut and
weal, the even numbers ■hall be on tbe oouth ■ide of the ■treet and odd numbers an
tbe north 1ide.
C. In order to preserve the pneral uniformity of numberinc throuchout the City, it
shall be the respo111ibility for the 9e,&ftmen, ef Gem•lffli" De elep ■111t CITY to
establiah proper numberin1 for all buildinp and premiaea within the City.
~ Title 8, Chapter 4, Section 2 -OWNER'S DUTY TO NUMBER, EnsJewood
Municipal Code 1985, is hereby amended as follows:
It is hereby made the duty of every owner and occupant of every building, and the apnts of
all auch owners , upon all 1treeta and avenUN of the City upon which a systam of
numbering has been adopted, and in which official numbers have been provided by the
City, to number their eaid buildinge in accordance with auch numberin1 syatem, and it
shall be unlawful for any such person to retain or UN, or to permit to remain upon such
building, any other number than the number officially de1i111&ted by the City for auch
building. It shall be the duty of every owner or occupant of any building, upon notice from
the 9epartmeal ef Gem:JBIHH-, 911 eh1,melM ere, JUINH, deaigMteli e, '8e CW,
Mea.,,, CITY, to cauae the official number to be plaoed on ench buildinc oo owned or
occupied by auch person, within thirty (30) deys after receipt of such notice . Failure or
refusal to oomply with euch notice lhal1 cr,nmtute a violation of this Code .
~-Title 8, Chapter 5, Section I • MOVING PERMIT REQUIRED, Englewood
Municipal Code 1986, is hereby amended u followa:
A. No person shall perform any of the fo · owing without lint having secured a moving
permit from tbe lli ieiea sfBoillliag,MSafeli,lflhe llep-•al dPoelie
lNeti&. e& NBMM!a• le• Qep.,..eel ef'Ga .. 11:9:i" Qe ele,mea,. CITY :
1. Move or raise any structure from its foundation .
2. Move any structure to a site withln the City .
3. Move any etructure along or acroea any public etreet of the City.
~ 'l'itle 8, Chapter 5, Section 2 ·APPLI CATION .FEES AND TERM, Englewood
Municipal Code 1985, is hereby amended ae follows:
A. The form for an application for a mover'• permit ehall be furnished by the~
afBIHiliiac 1111,! Safei, of.lee~ CITY and ehall contain
the following information :
I. Name , address and telephone number of the applicant.
2. Addre1S of preaent location of atructur.: .
3. Address of proposed location to which the etructure ia to be moved .
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4. Dale 8"" time o(propoHd movement or 1truc:ture.
5. l'ropoNd route to be u1ed in movement of otructure.
6. Deocription and aw, of the truck and other equipment propooed to be UHd in
the movement o( the 1tructun,.
B. A moving permit tee for a structure to be moved to a 1ite within the City tball be
fifty dollan ($50 .00) and for structun,s to moved through or out of the City tball be
twenty five dollars ($25 .00).
C. All moving permits shall expire sixty (60) day1 after date of iBBuauce .
Section 88, Title 8 , Chapter 5, Section 5 • INSPECTIONS REQUIRED , Englewood
Municipal Code 1985, is amended u follow,:
All structure, propoeed to be moved into the City sball be inspected by the ~
llllillliat ea Sole.,. CITY prior to iuuance of any permit.
Section 89, Title 8, Chapter 5, Section 6 • GENERAL REGULATIONS, Subaection 2 ·
STRUCTURES IN COMMERCIAL DISTRICTS AND FOUR OR MORE DWEWNG
UNITS, Paragraph B, Englewood Municipal Code 1985, is hereby amended u followa:
B. Twenty-five (25) copies of the aforementioned application and plant 1ball be
submitted to the PIHBiag lli. ieio11 CITY . The Pl c lli ieie11 CITY 1taff 1ball
refer copiea of the application and plant to all other appropriate ageuciea and 1ball
trantmit a report to the Planning Commisaiou baaed on the information 1ubmitted.
Section 90 Title 8, Chapter 5, Section 6, Subaection 3 • STRUCTURE MOVED TO
ANOTHER JURISDICTION, Englewood Municipal Code 1986, is he1eby amended u
follows :
If a structure is proposed to be moved from a site in Englewood to a eite in another
jurisdiction. the lli Mis11 sr llllilliinr 011a Sole'! CITY shall give written notice to the
appropriate official in the juriodiction exercising control over the site to which the
structure is to be moved . Such notice shall be given aa soon as poasible after the permit is
issued to insun, that the timing of the move can be coordinate,! between the two (2)
jurisdictious.
Sec;tjop 9) Title 8, Chapter 5, Section 7 • PREPARATION FOR MOVING A
STRUCTURE. Pe.ragraph B, Englewood Municipal Cole 1985, is hereby amended r.a
follows :
8 . 1'0 structure shall be raised from its foundation in preparation for moving earlier
than forty -eight (48) hours from the approved time of moving. The Chief lloilliinc
~ CITY may, upon show of due cause by the structure mover, iseue written
approval for an extension of the above time .
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S,ctlpg 91, Title 8, Chapter 5, Section 8 · SITE M,tj"!TENANCE , PROHIBITED
CONDmONS, Parqraph A, Enrlewood Municipal Code 1985, la hereby amended u
follows :
A. The structure mover shall clean or cauae the cleaninr of the lite from w~ the
structure wu taken by removing all debris, material or equipment. F.;;.u._r, aaid
mover shall fill all hole• and irrerularitiea of the lite within forty-eirht (48) houn
after the removal of the 1tructure. Sucll lite cleaning ahall be to the satiafactlon of
the Ghid lluil1U111 !u,.-CITY.
Sectjog 93 Title 8, Chapter 5, Section 9 • TIME OF MOVEMENT, En&lewood Municipal
Code 1985, is he re by amended as follows:
TIME OF MOVEMENT: The time of movement of a structure shall be approved by the
1Pwdie Di iaiea, •e Peliee Qi =ieiea ea ahe Fit-e Di Won CITY, and if the structure ia to
be moved over a State highway, the time of such move sbnll be coordinated with the State
Department of Transportation. The structure moving permit ■hall become null and void
unless the move ia completed within the specified time approved on the permit; provided,
however, that the {"dieflluilliillc Qflieial CITY may extend the time period of the move for
forty-eiaht (48) hour■ after conaultinr with the appropriate apncies when the oririnal time
for the move ia rendered impractical due to inclement weather, atrikeo or other cauaea
beyond the control of the atructure mover.
Sectiop 94, Title 8, Chapter 5, Section ll · ADVANCE PO~TING OF ROUTE , En&lewc,¢
Municipal Code 1985, ia hereby amended aa follows :
ADVANCE POSTING OF ROUTE : When it ia determined by the 'l'l'alliio Sa11H1eeM1
DiWliea CITY that the movement of a atructure along an approved route would be
impeded by vehiclea parked within the pubw: riaht of way, the 'l'l'aii, Eapaeeftlll Di, ioiea
CITY shall post "No Parking" oirna along such rights of way at lea1t forty-eiaht (48) houn
prior to the moving of the structure. The strurture mover shall pay the cost of posting as
determined by the '1',aiie EB11H180MC Di ioie11 CITY. The 'l'l'alliie EBIIHIHftlll Iii ioie11
CITY shall notify tbs State Hiahway Department of the proposed move on the day the
moving permit is issued.
Sectjog 911 Ti ~Je 8, Chapter 5, Section 12 • USE OF STATE lllGHWAY, PRIOR
APPROVAL REQUIRED , En&lewood Municipal Code 1985, is hereby amended as follows :
It a strocture is to be moved from a site in Englewood and tht. mover propose■ to '.!tilize a
State highway as part of the route, the Gede Eafe,eomeal Ili,ieioa CITY ■hall notify the
Swte Highway Department of the propooed move on the day the movin1 permit ia i11ued.
Sectjog 96. Title 8, Chapter 5, Section 13 -TRAF!'IC HAZARD PREVENTIVE
MEASURES , Englewood Municipal Code 1985, ia hereby amended as follows :
A. If, in the judcment of the 'l',alliie EallHle•M! Iii ieisn CITY, the movin1 of a
structure &uay create a traffic hazard, a police eBCOrt , or other escort, may be
required to be provided by the structure mover for the purpoae of reiulatini traffic
along the route oft he move . Where such escort is required, the expense ahall be
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borne by tbe structure mover. The ucort shall not have the authorit;J to waive or
vary any of the require,;nenta of the permit or applicable aectiona of the ,~-'
B. A flaahinc red light shall be required at each main comer of the 1tructuie beins
moved and at tho end of any projection thereon when the atructure ii locatod
within a puhlic right-of-way .
SlmlmLl7. Title 8, Chapter 6, Section 1 · DEMOIJTJON PERMIT REQUIREMENTS,
EnaJewood Municipal Code 1986, is amended aa follows:
A No 1tructure within the City shall be demolished unle'8 and until a permit
therefor has been ilsued by the Qi ••i•e sf Bllilliillr .,.,1 Safe!! ahhe 9op-M
el 11,ihlio ms,.. CITY .
B. A eeparate demolition p,rmit shall be required for each structure to be demoliahed.
Tiw permit shall be kept on the premises during t he demolition, and shown, on
demand, to any authorized apnt of the City.
C. The permit to demolish aing•..,.rui:.1 MllidenwiL ,e,.-i.o1, •i .luplex and ....,.."'Y
atruct=• ■ball be fifty dellan ($1',0.00). The penni! ·;,. to demoliah multi-family
and nonre,idential structures shall be two hundred dn'•:ara ($200.00). No fee ahaJI
be required of an owner of a sinaJe-family dwelling doing work on hil own pramieel
or of the O'f/Der of a builrling for which a demolition order has been pven by the
City.
D. Detiolition permits aball expire sixty (60) Jayo after the date of issuance.
E. A aurety bond ahall be poeed with the City by the peraon or contractor applying !or
a demo)jtion permit. Such bond ahall be ill an amount determmed by the Gllief
Bllil,i;,,c 91ioiel CITY based on the estimcted cost neceesary to complete all
demolition work and to clean and level the demolition aite. Such 1:ond ,ball be in
an amount not leas than one thouaand dollars ($1,000.00).
~ Title 8, Chapter 6, Section 2 • APPIJCA'rION FOR PERMIT, EnaJewood
Municipal Code 1986, is hereby amonded as follow ■:
Persons properly licensed for demolition work can obtain an application for a demolition
permit from the 9i ieiaa afBllilliill1 aa,I Safe!! afllte 9ep-ea, sf Pelio 111.,., CTl'Y.
The application aball contain the following information:
A. Name, addrees and telephone number of the applicant.
B. Name, addrees and telephone number of the owner of the structure to be
demolished.
C. Addrese of the proposed demolition.
D. Starting date and propoeed time period during which the demolition would oa:ur.
E. Deacription of the propooed method of demolition and propoeed methocb of public
protection (duat control, eecurity, eu:.).
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~-Title 9, Ch■pler 1, Section 4 • DEFINITIONS, Enslewood Mww:lpal Code
1985, ia hentby ame•.ded u follows:
DEFINITIONS : For the purpoee or thia Title, the followinc definitions only an chanpd:
APPROVED :
CHIEF BUILDING OFFICIAL :
Approval by the 8 oilliiet Di iii•• CITY u a
re1ult either of inveatiptiona and teota
conducted by it or by application or accepied
princtpl•• or testa establiahed by nc:l)llliaed
authorities or in accordance with atandarda
eetabliahed within the Houaina Code.
laekuiee -, at1'8aftllell •Hi.-ee
THE PERSON DESIGNATED BY THE
CITY MANAGER WITH THE TITLE
CHIEF BUILDING OFFICIAL
Section 100. Title 9, Chapter 38, Section 1 • LOCATION OF WINDOWS , Englewood
Municipal Code 1985, is hereby amended as follows :
Windows, alr:ylighta or transparent or translucent panels uaed for providinc natural J.icht
or ventilation to any habitable room, ,hall open directly on a street, coutt or yard;
provided, however, that the Chief Buildinc ~ OFFICIAL may approve an indirect
means or ■upplyin0 natural light to habitable room■ without direct c,peninp on the above
specified areas if tha, ventilation aa required by Section 9-3B-3 is supplied.
Section 101. Title<, Chapter 5, Section I • DEFINITIONS , Engle,,ood Municipal Code
1985, is amended as follows :
For the purpoee or this Title, the following definition., only are amended to read:
CHIEF BUILDING OFFICIAL.
CHIEF INSPECTOR, CHIEF
BUILDING INSPECTOR or
BUILDING OFFICIAL :
PERMIT:
'R,e llhief 8 oilMBC Qllieial ou llolt alioaefl ,
iMJ!eMen1 , ile1111tiea ell aFeiaMll'8 iB •• PHlle
lUaNI Bep..,..eea ~ he ma, Be 111•aaiaeil '8
eaf'a,ee epeeiie pro, ieiane ef ahia Gee..
THE PERSON DESIGNATED BY THE CITY
MANAGER WITH THE TITLE CHIEF BUILDING
OFFICIAL
A written permit issued by the Geief D l.tillliBJ
1--CITY to construct or alter the mobile
home park under these rules and regulations .
Section 102, Title 9, Chapter 5, Section 13 • FIRE PROTECTION , Englewood Municipal
Code 1985, is hereby amended a ■ follows :
A. Littering Prohibited. Mobile home areas ■hall be kept free oflitter, rubbish and
other flammoble materiala.
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B. Finl Extiquiahera. Mobil& boDl!I parka ahall maintain in ,.,n~,nj1nt place,,1 ,
approved by the Ci~1 llo,u>mea, dB tie.,-s,., iool, hand i!.re ei~n,ulahol'l in the
ratio of one to •ach eight (8) unit& of mobile bomee.
s,etlpp 101. Title 10, ChaplA!r I, Section 3 • DEFINITIONS , En1lewood Municipal Code
1985, ii heraby amended aa follows:
For the purpoee of thia Title , the following is the only change in Defimtions:
lll&EG;QR.
Sil;~ Title 10, Chapter 2, Section I · SUBMISSION OF PRELIMINARY PLAT,
Enpe1'ood Municipal Code 1985, ara hereby amended u follows:
The owner of any raalty required to obtain approval of a 1ubdiviaion plBt •ha'' firot prepare
a preliminary plat of the propoNd subdiviaion, aud shall eubmit to the lliNelel' CITY IA!n
(10) print& of the 11,;ne, together with a written aubdiviaion application and requited feee .
Upon approval of the~ CITY, however, a prelimina:ty and final plBt may be
aubmitted eimultaneoualy if the aubject realty ha• been previoualy plotted and C0118ieta of
le11 than four (4) Iota.
Sectlpp 10§. Title 10, Chapter 2, Section 4 -REVIEW OF PRELIMINARY PLAT,
Paragraph A, E.:.glo-,ood Municipal Code 1985, ii hereby amended aa follows:
A. Upon receipt of the preliminary plat and the vicinity sketch together with the
required feee, the ~ CITY shall submit one or more print& of the praliminary
plat to each of the followins for their recommendations in connections therewith:
1. 'Rle9epll.ftmea1efPL1hliel!tafM .
.a, 'Rio 9eplftmeal ef \:Jttii~ea .
3. 'Rle Dep&ftmeal ef&lle-, 8er'ieea .
+. I. Urbau Drainage and Flood Control Diltrict ..
6. 2. All affected utility companies.
G. 3. The Colorado State Highway Department, where the realty borden a State
or Federal hi1hway .
;, 4. Adjacent municipalities , if the realty borders or impact& any adjacent.
municipalFy.
Saia a.,Miea sfl The City, and~ oee,,,ieo aa may ANY OTHER AGENC.,'Y,
wish!NG to be represented, ahall discuas the preliminary plat at a technical raview
meetin1 held within fifteen ( 15) day• of th• receipt of th• preliminary plat.
Recommendation of the Technical Review Committee will be forwarded to the applicant.
The preliminary plat should be amended accordinsly prior to aubmilaion for Plannin1
Com.miuion review .
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lkmtjpp 108 Title 10, Chapter 2, Section 5 • FINAL PLAT, lntroduclOJ')' Para11n1pb,
En1lewood Municipal Code !985, is hereby amended ao follows :
Upon receipt by tba applicant of tba 'Commisaion'• written statement, the appllcan& eball,
within lix (6) montba thereaft.er, aubmit to the Commisaion the final plat, toptber with
ouch accompanying papere and documents as may be required. An additional lix-(6)
month au.naion may be sranted by the~ CITY for cauae. Tbe final plat •ball
reflect the 1ubdiviaion plat considered at the public bearing and u previou.ly apprond ~y
t.1u, Commiuion and sball co??!llin not less than the following information:
Sm:li,QR..101, Title 10, Ch,ipter 2, Section 6 · ADDITIONAL DOCUMENTS TO
ACCOMPANY FINAL PLAT, Paragraph C, Englewood Municipal Code 1985, is hereby
amended II followa:
At tho time that the applicant submits the proposed final plat, it shall be accompanied by
the following documents, ii the same have not pre.viously been provided:
C. A statement from the Qite8'sr of P11hlt1 ll<orlio CITY a pprovini the profiles oftbe
streets and alley■ ohown on the preliminary plat.
Scctjop 108. Title 10, Guapter 2, Section 8 • FEES, Englewood Municipal Code 1985, is
hereby amended ao follows:
FEES : The Qit, Pl c •• ZaM111 Cam111iaaiaa ia he,ell, empH e,ell Hll a11'411Mem-!e
eeUeM Mr eaeh applieat.iea fer a1111!di ilien a. \HIHePm. fee , ~ · welllll ef wlueh ia '8 lie
APPIJCANT SHALL PAY FEES AS determined b, City Council lo ,....ii, lie&.,-Ille
e"°fi ■Me ■ • ._.._. w,aa the Gemllli.aliH'o eeuitleNtti.aa ef$11.a Nma BY RESOLUTION .
A. Where it is nece!l8&r)' to acquire right-of-way for Municipal purposes aaaociated
with 1t:reeta and utilitie1 through purchaae or eminent dombin, the coot thereof
shall be recovered by a developu,ent fee equal to the coat of acquisition. Tbe
development fee a hall be applied to the property adjo. "ling the acquisition and from
which parcel the right-of-way was acquired and shall be paid at the tim• of
development or construction by the Jwner of the property. No fee shall be imposed
for .-ight-of-way dedicated to the City .
Sectjop 199, Title 10, Chapter 3, Sections 1 • PURPOSE AND APPIJCABILITY,
Englewood Municipal Code 1985, is hereby amended•• follows:
The purpoee of this Chapter is to provide fo ,· a p:-oceBS I.hat accomplishes the pW'l)ose
outlined in Section 10·1·1 aa it appliea to small residentially, commercially and inaustrially
zoned p,opertico. To that end, th• proviaiono in this Chapter mny be applied to the
anbdiviaion of ,·esidentially zoned property into three (3) or fewer lots or the subdivision of
commercialll· or indu.trially zor <! property of one-hill! (l/2) acre or leas: provided, that no
dedication for public right.of-wa; rr other public purpose is required .
Upon approval by the liHr11Mr 1IQ1•■Mit3 9a elep ■ent CITY, previoualy platted lota of
one acre or 1011 may be reaubdivided without ll'Jinl Uuou1h either the m~r or the minor
subdiviaion proceu.
Section 110. Titl6 10, Cbtpter 3, Section 2 · SUBMISSION OF MINOR SUBDMSION
PRELIMINARY SKETCH , Enc!ewood Municipal Code 1986, 11 hereby amended u followt :
The owner of any realty required to obtain approval of a Minor Subdiviaion plat •ball lint
prepare a preliminary aketch of the propoeed aubdiviaioo, and shall aubmit to the 9iN-.
CITY five (6) printa of the l&Dlt, toptber with R written eubdivilion application and the
required fees .
!jectjop 111. Title 10, Chapter 3, Section 3 -CONTENTS OF MINOR SUBDMSION
PRELIMINARY SKETCH , Parasraph C, En1lewood Municipal Code 1985, is hereby
amended as follows :
The preliminary ■ketch shall contain not lea• than the followin~ infnrmatioo:
C. Additional Information. At any time .Jler aubmiaaion of the Minor Subdivision
Preliminary Sketch, the Diteelol' CITY may require the aubmiaaion of al>Ch further
and additional information u may aid in the conaideration of the Minor
Subdivilion Prellininary Sketch.
Section 112 Title 10, Chapter 3, Section 4 • REVIEW OF MINOR SUBDMSION
PRELlMINARY SKETCH, Ena)ewood Municipal Code 1985, is hereby amanded ae follows :
A. Upon receipt of five (5) copiee of the Minor Subdivision Preliminary Sketch,
together with the required feee, the~ CITY ..,,1 Ille P......,. 81eli' ahall
review the sketch .
B. Upon completion of coneideration of the Minor Subdi·liaion Preliminary Sketch, the
~ CITY may approve the akttch in concept and parmit Minor Subdiviaion
Final Plat aubmittal, may state the conditions or change s required for approval, or
may disapprove it.
After completion of co,aideration of the Minor Subdiviaion Preliminary Sketch and
determination of whether any of the further conditione or requiremente should be
imposed. the ~ CITY ■ball present to the applicant a written atatement
which ■ball state to the applicant whether the~ CITY bu unconditionall,r
approved , conditionally approved or disapproved the preliminary akttch for &na1
plat submittal. In the event tbet the~ CITY conditionally approves the
Minor Subdiviaion Preliminary Sketch, this written atatement aball aet forth the
conditiona and requirement& to be met by the applicant and the reaaona for the
imposition thereof. In the event of a disapproval of the Minor Subdiviaion
Prel,minary Sketch, the written statement of the~ CITY shall ect forth the
reuona therefor. and the applicant may appeal to the City Planning and 7.onins
Commisaion .
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• Sogtigp 118. Title 10, Chapter 3, Section 6 -MINOR SUBDIVI!'ION FJNAL PLAT,
En1lewood Municipal Cod~ 1986, ia hereby amended aa follow■:
Upon receipt by the applicant or the~ CITY'S written etetement, the applicant
shall, within a reaeonable period or time thereafter, submit to the~ CITY the Minor
Subdivision Final Plat, together with auch accompanying papers and documenll aa may be
required . The final plat shall reflect the Minor Subdi~ion Preliminary Sk,tch aa , '
previoualy a.pproved by the llifee'8f CITY and shall contain not leas than ti.. rollowiq
information:
A. The name or other deeicnation of the Minor Subdivision and the le1al deocnptio.1
or the land contained therein.
B. A notarized certification and dedication executed by the owner or owners.
C. A certificate exec uted by a registered land surveyor certifying that the Minor
SuLdivision Final Plat represents a e1irv ey made by hlm, that any monuments
shown thereon actually exist at the loc.,tions indicated and that all dim ensions and
other details are correct.
D. True bearings and diatancee to the nearest established street Ii.nee or of6cial
monuments shall be acc urately described on lhe plat; municipal, township, county
or section lines shall be accurately related to the lines or the Minor Subdivision by
diatances and bearinp
E. The boundary lines or the area proposed to be subdivided with accurate &n&lee,
bearin1e and dietancea and tba widths of all presently existiD1 or dedicated streets
intersectin& the boundary of the tract. All dimensions reflected thereon muat have
been determined by accurate fi eld survey which must balance and close within
limit of one in ten thousand (10,000).
F. All lot lines and other property line• with r,ccurate dimensions in feet and
hundredths of a foot with bearing of angles to street and alley lines. Lot
dimensions shall close to one in ten tbo.l881ld (10,000).
G. Location, widths and where appropriate, name& of all existiDg rights-of-•IIY for
streets, alleys, bicycle paths or other public ways and all existing and proposed
easements , either public or private , for utilitiee , drainaae or other purpoaee, within
the area proposed for subdivision and at least one hundred feet (100? immediately
adjacent thereto.
H. Flood plain, drainage channels, stream channels, irrigation ditches, and any other
significant natural features within the tract, and at least one hundred feet (100;)
immediately adjacent thereto.
I. ExistiD1 and proposed sewers, utility mains, culverts or other under&round
■tructures within the area propoaed for 1mbdiviaion and within at least one
hundred feet (100? from the boundary lines thereof.
J. Names and addresses of all persona , corporations or other entities havin1 any
interest. legal or equitable, in tbs property propoaed to be divided and tba :1amee
and addre•ee• and eicnaturee of the subdivider and Colorado license~ anrl
registered land surveyor who prepared the final plat.
K. Space !or nototion of action of the~ CITY and date thereof and aipaturea of
the Dife-. CITY MANAGER OR DESIGNEE . 11M 9ite11Mr el P•hlil Warllll ,
Section 114. Title 10, Chapter S, Section 7 · REVIEW OF MJNOR SUBDMSION FINAL
PLAT, En&}ewor,d Munici pal Code 1985, ia hereby amended as fo:.!ows :
Upon r,ceipt of the Minor Subdivision Fioal Plat, towether with the requittd feea, tha
Diree'--.1 CITY Planning Staff ahall submit on e or more prints of the Minor Subdiviaion
Fuv.d Plat to each of the following for their recommendationa in connection therewith :
8. 'Rte J;lepanmen, ef Yt:itiEiee .
De A. Urban Drainage and Flood Control.
& B. All interested gaa , electric, telephone and other utility companies.
J;: C. The Colorado State Highway Department, i! the realty borders a St ,te or Federal
highway.
Sr rid agencies of the City, together with all private agencies aa may wiah to be repreaented,
shall diacusa the preliminary desip at a Technical Review Meeting held within fifteen (15)
days of the receipt of the Minor Subdivilion Final Plat.
Sectjon 115, Title 10, Chapter 3, Section 8 • APPROVING THE MINOR SUBDMSION
FINAL PLAT, Englewood Municipal Co,\e 1985, ia hereby amended u follows :
A. U1on submission to the~ CITY of a Minor Subdivision Final Ph,t meeting
the requittment.s and conditiona of these minor subdivision regulations , the
~ CITY shall approve, conditionally approve or disapprove a Minor
Subdivilion Final Plat within twenty (20) days after receiving th• Minor
Subdivilion Fin&! Plat. The baais for the ~ CITY'S conditional approval or
disapproval of a Minor Subdivision Fioal Plat ahall be stated in writing.
B. The 9iteewt'e CITY'S approval of any Minor Subdivision Fioal Plat shall b<, in
writing and the Minor Subdivision Fioal Plat, together with the lliNeletle CITY'S
approval thereof, the due execution of all certificates appearing upon the same, the
final plat and all other required documents shall be re(Orded with the Clerk ar:d
Record .• of the County of Arapahoe by the City Clerk, the expenae of which shall
be bome by the applicant and which shall be paid prior to the recording thereof. No
approval of any Minor Subdivision Final Plat shall be effecti\'e until the same is
recorded.
s,ct!on 116, Title 10, Chapter 3, Sectio11 9 • FEES, Englewood Municipal Code 1986, is
hereby amended u follows :
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•
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The applicant 1hall pay fffl aa determin,<i by Ci17 Council to partially dafray the •XJHJMM
attendant upon the Commiaaion'• conaide,•ation oftha application. A acbedule offee1 is on
file with the 9ep-•11• of Se111111 ollil,j 9•~ Cl.TY.
Section 117. Title 10 , Chapter 4, Section 1 • PLANNJNG PRINCIPLES , Paragraph B;
Engle-,,ood Municipal Coda 1985, is hereby amended ao follows :
B. The proviaions contained in thuo Chapter are general guidelines and standards for
pr<paration of preliminary and final plata. Whenever the tract to be subdivided is
of such unuswJ eJze or ahape, or ii surrounded by such development or conditions
that the strict application of the provisiona of these sectiona may result in
sub stantial bardanipa, the Commiuion may vary or modify ouch standard to the
end that the subdiviaion may be developed conaietent with public welfare and
safety u approved by tle DiNeter ef Pal9lie\U,oNe CITY .
Section 118 Title 1,. Chapter 4, Section 3 • RAILROAD RIGHTS-OF-WAY, Englewood
Municipal Code 1985, is hereby amended as followa:
Where a suodivision is adjacent to or adjoins a railroad right-of-way , proviaion of space for
grade separationa, buffer strips and other protective treatment shall be made t,, the extent
and type aa ahall be determined by the 9ileel8I' sf P..i.lie ms,lie CITY in coon!' ,ation with
the railroad.
Section 119 Title 10, Chapt.er 4, Section 4, Subsection 1 -STREET GRADES, Englewood
Municipal Code 1986, is l,eff.by amended aa follows :
A. Unless otherwise determined by •.he llift8'e, af P..hlie me,loe CITY, street grades
shall conform in general with the terrain and should not be lees than three-tenths
of one percent (.3%) nor more than aix percent (6%) for arterial and collector
otreete, and not Jeao than three-tenths of one percent (.3%) nor more than ten
percent (10%) for local etreeta and cul-de-aacs .
B. Minimal grades are preferred from fifty feet (50? to one hundred feet (1001 away
from an intersection, but in no case ahall llfades exceed four percent (4%) for a
distance l.eas than one hundred feet (JOO? from all intersections.
C. All changes in street 11fadca shall be connected by vertical curvea cf a minimum
length of one hundred feet (100).
~II.. Tit!, JO. Chapter 4, Section 4. Subaection 2 • STREET INTERSECTIONS
AND CURVES, Englewood Municipal Code 1985, is hereby amended aa followe:
A. Intersections. Street intersections sbo.ll be at right angles or nearly so and no point
on a curve shall be in the intersection unle1& ~riusual circumstances dictate
divergence .
B. Radii of Curvature. The minimum radii of c-.11nture of street&, on center linee,
ahall be approved by the Depllri111e111 af Safei., s,,.~ee• CITY and ahall be :
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1. Fffi!ways -shall be opeclfically desirnated.
2. Arterial streete • 400 feet .
3. Collector street, -300 feet.
4. Local streets • 200 feet .
5. Cul-de-sacs -150 feet .
C. Reverse Curves . Between rl!verse curves on all streets there shall be a tangent at
least one hundr-.d feet (1001 long .
Soctjog 121 Title 10, Chapter 4, Section 4, Subsection 3 -CUL-DE-SACS, Englewood
Municipal Code 1985, is hereby amended as follows :
The ovorall length of a cul-de-sac or "dead-end" ■treet ■hould not exceed three hundred feet
(3001 a&d shall be designed with a turnaround of not leas than ninety feet (90') in diameter
of richt-o:,way at the closed end and with curb diameter of not leu th!-.11 seventy feet (70)
unless oth ol'wi.ae determined by the 9epanm■al o{Soielil s,,.,;,e, CITY.
Sectjog 122 Title 10, Chapter 4, Section 5 (SIDEWALKS), Englewood Municipal Code
1985, is hereby amended as follows:
AU sidewalks shall be located as required by the l:li,eeler sfll•blie mo,IY CITY, whoee
dt'8ignationa ae to the setbacks shall be baaed upon the public safety and convenience .
Soctjog 123 Title 10, Chapter 4, Section 11 • EASEMENTS, Parac,aph B, Enclewood
Municipal Code 1985, is hereby amended as follows :
B. Whenever any stream. irrigation ditch or other watercourse is located in a
subdiviaion , the subdivided, at hil expense, shall provide and rese"e euements
along such streams, ditches and waten:ourses in such widths as approved by the
Bifeeier e(Pl!bl:ie \llterB CITY £or the purp ose of widening, improvin~. protecting
and maintaining same and for drainage and recreational purpoeea. The subiivided
shall submit any data, including plats of profiles and contour,,, deailJl&,
calculations, etc ., which may assist the Qtfeet.er sf Pwhlie 1t"erlte CITY in the
preparation of any statement required of him regarding drainage conditiollll in the
proposed subdivision and any drainage facilities proposed by the subdivider to
serve the aubdiviaion .
Soctjon 124. Title 11, Chapter IA, Section 2 -IMPOUNDMENT OF MOTOR VEHICLES ,
Enclewood Municipal Code 1985, is hereby amended as follows:
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A vehicle, under any of the circumatances set forth below , is o ,nsidered to be an
obstruction to trAffiC or a puJlic nuisance. Any police officer or Code enforcement officer, at
th e direction of 1 , 9ireeler sf Soielil Se,.~ees CITY, is hereby authorized to remove or
cause to be removed, such obstruction or nuisance fro r '1.Y public or private way or place
whenever such vehicle : •
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A. II loft Wl<endtd upon any bridp, viaduct. 1ubway, tW1Del, or where 1uch vehicle
con1titutes an ob1truction to tn.111:;
B. a loft unattended upon a public way, and ii ao diaoblod a1 to conetitute an
obltruction to traffic, and the penon in chars• of that vehicle i1 incapacitated by
reaaon of intoxication or phy1ical iitjury to the extent u to be unable to provide for
its custody or appropriate removal;
C. Io left unattended and illegally parked upon a 1treet or elley, illeplly parked 10 u
to conetitute a hazard or obstruction to the normal movement of traffic;
D. Ia left unattended on any public street with the engine running, or with the key1 in
the ipition awitch or lock :
E. Ia parked in violation of any traffic ordinance, and ii ,n actual or potential
obotruction or hazard to any lawful function or limits the normal acceea to a W10 of
any public or private property;
~•-Ia left without an operator, the operator who hao been taken into cuetody by the
J;lep-eal er Safe&, SePYieea CITY and the vehicle, or motor vehicls, would,
thereby, be left unattended upon a street or hi1hway or restricted parking area, or
other public right-of-wa.y .
0. Ia being operated upon the street or other public way of the City, ii apparently
unsafe due to the mechanical condition or ii in ouch a condition that it could not be
lep.lly operated upon the City 1treete or other public way;
H. Ia being operated upon the streets or other public way by a penon without a
current and valid operator's or chaufft:\lra license, or in violation of the restrictions
impooed upon their licenee, or while the peraon'e operator's or chauffeur's licen ..
hu been euapended, denied, revoked, or canceled by the state of ilsuance and there
ii no licensed driver present and capable to opt<Ste the vehicle;
I. Is found to be puked unattended on any public way in violation of the registration
requirements of the State of Colorado, or hu no visible registration number plates
attached.
Section 126 Title ll, Chapter IA. Section 4 · DISPOSITION OF UNCLAIMED
IMPOUNDED VEHICLES, Englewood Munic;p,,l Code 1985, ii emend,<! ae follows :
Whenever a vehicle has been impounded in accordance with provisions of this Article
and no claim of ownRnlhip or right to poaaeosion hu been made, or, if made, hae not been
established to the ••t.isfaction of the J;lifeeler er Safe&, Se.,oieee CITY or Hearing Officer
and no suit or action to determine such claim hu been instituted and pending, the~
er Safe&, Se.,oieee CITY may dispose of ouch vehicle by the following means:
A. The J;liree\er er Saie&, Se.,,ieee CITY eball cauae notice to be given to all penons
known by the J;lireeler er Safe&, Se.,;eeo CITY to claim an interest in the vehicle,
within thirty (30) dayo a..'u!r impoundment of the veb.i:le. Thi.I notice oball be
penonally delivered, or sent by registered or certified mail, to the laat known
addreu of tha buaineoe or home of the penon to be nomie<"I. If not otherwioe
known......., J;litee1er el Sole&, s .. ilH, the identify of sud, pera<.n• will be
59
obtainea from the Motor Vehicle Divi1ion of the ■tate in which s uch vehicle ii
licen1td or registered. The notice will contain:
I. An itemized 1tatement of the amount of money due for removal o.nd 1torep of
the vehicle as of the date of notice , ond the coat of atorall" per day for continued
atoreae ;
? A description of the vehicle to include , but not be limited to , the VJN number
'Ind the 1tate licen1t/regiatretion;
3. A demand that the amount duo, •• stated in the notice, and all additional
claims that should accrue, muat be paid in full , and the right of poueaaion of
the vehicle shall be established to the satisfaction of the 9inel8refWei,
~CITY;
4. A statement that unls1e the amount of the towing and atorell" due ia paid, and
the richt to possesaion of the vehicle ii eatablished to the satiafldion of the
61,iof er Psliee CITY within fifteen (15) days after receipt of tbia notice, tJ,•
vehicle will be diapoled ofby public auction or otherwiae, u determined by \;l,a llito••· .r s""'i, s ....... CITY.
B. The llitoe•r er&""'i, Ser,;eee CITY, either in accordance with the terma of the
notice eet forth in the preceding subparagraph A, or without giving any notice if no
pereon claiming any intereet ia known to the 9iteel8r ar 8""''!' Se..,_ CITY after
diligent aearch, will declare the vehicle abandoatd and shall immediately
thereafter transmit to the City'• purcbaeing officer the cuatody of auch whicle,
to110ther with a transcript of information and proceedings concerninc the vehicle.
The City's purchasing officer may then diapole of the vehicle either by:
C.
I. Public auction ;
2. Sealed bid;
3. Or, when in the best judgment of the purcbaeing officer, any bids are
diaadvantageoua to the City, no bida are received, or the vehicle may better be
disposed of in other ways, the purchasing officer may diapoae of the vehicle to
the best advantage of the City, for example:
a . Exchange for payment due to the towing agency for tow and atorap fee ;
b. Appropriate the vehicle to the City for uee as a City-owned vehicle;
cauee all coate of tc:,wing and storage to be paid; and have the vehicle
regi1tration and owuenhip trBD1ferred to the City;
c. Conversion to ,crap metal.
All such dispositions li:ited here under subparagraph B shall terminate the City
from any further reaponeibility or duty to further retain or 1tore the vehicle.
When diapoeition ii by public auctic<i , the place of 1ale ■hall be the location where
the vehicle ii stored or impounded. However, if 1ucb location ii patently
UD1uitable for that purpoee, the vehicle will be tranaporttd to a more ■uitable place
delipated by the City'• purchaaing officer. The City'• pun:halin1 officer shill
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pllhliab at leut onco , but pnferably man ofatn, in tho local official new,,paper, a
notice of the oale , which aball contain the followina:
I . Description of the vehicle to be oold;
2. Statement of when and where the oale will take place.
The aale will be held not leaa than fifteen (15) day, from the date of t.bia notice.
D. The City'• purchuing oflicer aball pay the amounts due for Ulwing and atorage of
the vehicle, the nuonable expeDOe for the notice or advertisement, and any
auction fees, from the proceed& of the sale. The balance of the proceeda, if any, will
be paid into the City Tn!asury General Fund.
E . When any vehicle ia offered for sale at auction or sealed bid purauant to the terma
of tbia Section, the City'• pu:chaaing officer may announce the total alUOWlt of
charges or expenae& of notice, advertisement and sale, and declan that all bida
must be in exce11 of bia total amount. If DO bida are received in ...,. .. of thia total
amount, the vehicle eball be doclared aold to the City for the amount oft be
cbargea; likewiae, if any vehicle ia offered for oale at auction purauant to the tenna
of t.bia Section and there ia DO bid for u_me, the vehicle shall be declared aold to the
City for the amount of tho charges. ID either event tho vehicle aball be placed in
the cuatody of the service center, pw,lie ePB Iii ieiee, for the eole benefit and uae
of the City.
F. There aball be no richl Ul redemption or recovery from any &ale or other diapoaition
made pureuant Ul the terme of this Section and, after a vehicle bu been aold or
disposed of pursuant to ouch terms, neither the City, nor any officer, agent or
employee thereof eball be liable for a failure to deliver such vehicle to anyone
claiming a right of redemption.
Sectjon 126, Titie 11 , Chapter lA, Section 5 · DISPOSITION OF IMPOUNDED
VEHICLES WHEN OWNERSHIP HAS BEEN ESTABLISHED, Englewood Municipal
Code 1985, is hereby amended as follows :
Whenever a vehicle bu been impounded in accordance with provisions of thia Article, and
ownership bas been establiabed Ul the satisfaction of the lli>eeter ef Saie'! SN oieee CITY
or Hearing Officer, or legitimate claim baa been made, the owner or claimant will be
notified of the location of the vehicle and the owner's or claimant's liability for all fees
pending against the vehicle, and the owner's right to request, within ten (10) days aftA!r
receipt of this notice, an administrative bearing I<> determine the legality of the t,iw.
A. No vehicle will be released from storage or impound until all fees accrued for
Ulwing and storage are paid.
B. If the vehicle is not claimed within fifteen (15) day, after notice baa been given to
remove the vehicle, the provisions of Section 11 -IA-4 of this Article shall apply and
the vehicle may be disposed of in accordance with the provisions of aaid Section 11·
lA-4, Disposition of Unclaimed Impounded Vehicles .
61
S,ctlgn 127. Title 11 , Chapter IA, l!ectlon 6 -0WNER1SOPPORTUNITY TO RBQUEST
HEARING , En1lewood Municipal Code 11186, iii hereby lilllellded ao tblloWI:
A. Whenever a vehicle has been Impounded purauant to the pnwmona af thia Article ,
the reauotered owner or otbor individual havin1 riJbt to pouesaion or the vehicle
ha■ the richt to request a poet-1ei1ure adminiltrati.., hearinc to determine
whether there waa probable cauee to impound eaid vehicle, i! 1uch pereon filea a
written demand, on form, IO provided for 1uch a hearin1, with the City
lloplflmeM af 8afel! 8e,.oi,e1. Such hearinJ aball be requeated within ten (10)
daya after such pereon hae learned said vehicle bu been impounded. or within te'n
(10) daya of the poetmarked date of aendinc 1uch notice of impoundment,
whichever occur• lint. Such notice ahall be aent by certified mail to the addrea■ of
record of the registered owner.
B. If the vehicle haa been impounded aa an abandoned vehicle, the Paliee Ile,_,.,.
CITY ehall follow the requirementa aet forth at title 42 , article 4, part 16, Colorado
Revieed Statute, 1984, 111 amended, for the pwpoee ofnoti.6cation of the regiatered
owner of the vehicle's etatm and the richt to requeat hearin1.
C. If the vehicle baa been impounded for a violation of motor vehicle regiatration lawa,
inapection law,, or traffic laW8, the lle,-1111 of 8....,. 8,,..,., CITY ahall
notify the reauotered owner ofhia ri11ht to request a hearing within forty-eis),t (48)
hours of impoundment, exduding weekends and City holiday,. Such notice shall
include the followin1 mformation:
I. The addreae and telephone number the i:111iowoa• ll•p-•M af8""'1
S......CITY;
2. The location of storece of the motor vehicle;
3. A description of the motor vehicle, which shall include, i! available, tho make,
model. license place number, mileage, and vehicle identification number;
4. The reaaona for which the motor vehicle waa ordered impounded; and
5. That, in order to obtain n hearing concerning the validity of the impoundment,
the owner must requeot auch hearing from the City llepotlme111 af 8alot,y
8eMeee within ten (10) day& after the postmarked date appearing on the
notice.
D. Failure of the owner to requeat a hearing within the above time frames, or failure
to appear for a acheduled hearing, shall be deemed a waiver of the rig.it to such
hearing.
St,_~ Title 11 , Chapter IA, Section 7 · REFERRAL TO HEAR!NG OFFICER,
Englewood Municipal Co<l_e 1986, ii hereby amended u follows :
A. The Hearing Officer ■hall be deaignated by the City Manapr.
B. Upon receipt by the lle,-eal of8afelil 8e,.oieea CITY ofa "· ,tten re queat for a
hearing, such hearing ■hall be conducted by the "•aring Officer wit hin forty-eight
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(48) hours, excludin11 weekend& and City holidays , unleu 1ucb pel'11'.)n req~ 1
the bearin11 waiv~s the riibt to a speedy bearing.
C. The aole issues before the Hearin11 Officer shall be (I) whether there was probtlble
ca111e to impound the vehicle in question. "Probable cause to impound" •ball mean
er ab a state of facts as would lead a person of ordinary care and prudence to
believe that there waa sufficient breach of locnl . State or Federal law to if Ult lepl
authority for the removal of the vehicle ; (2) the peraon requestuli the be&n!!I is the
registered own ,r or other individual having right to possession of the vehiale .
la~ Title 11 , Chapter IA , Section 8 -CONDUCT OF HEARI NG , Enclewood
Munici pal Code 1985, is hereby emended as follows :
A. The Hearing Officer shall conduct the bearing in an informal manner and shall not
be bound by technical rules of evidence . Such hearing shall be tape recorded.
B. The !;lep-0111 of Solei, Se" iees CITY shall carry the burden of establishing
that there was probable cawie to impound the vehicle in question.
C. The Hearing Officer shall only determine that, as to the vehicle in QU\'-' ;DD, the
penon requesting the hearing is the registered owner or other individual bavinr
rirbt to possession, and either (I) there was probably cause to impound the vehicle,
or (2) there wao no aucb probably cause .
D. At the conclwiion of the bearing, the Hearing Officer shall prepsre a written
decision. A copy of such decision shall be provided to the individual roquaoting the
bearing and the 9ep-e111 of Sole" Se .. ~ees CITY. In the event that the
Hearing Officer determines that there was no such probable cau se, the Hearing
Officer shall prepare a "certificate ofnn probable cause", copi es ofwbicb shall be
given to ti__· owner of the veb:.cle , the 9ep-eM of Solei, Se" ieee CITY, and the
garage storing ~he vehicle. Upon receipt of the owner's copy of such certificate, the
police garage having cwitody of the vehicle shall release the vehicle to ita owner.
R. Upon a finding of no probable cawie, towing and storage fees shall be paid by the
City in accordance with arrangements made between the City and police garages.
F. If the owner fails to present such certificate to the police garage having cwitody of
the vehicle within twenty-four (24) hours of ita receipt, excluding such day, when
the garage ia not open for busine ss, the owner shall assume liability for all
subsequent stora ge charges. Such certificate shall inform the owner of such
requirement.
G. If the Hearing Officer determines that the impoundment was valid and if the
owner does not comply wif 1 the appropriate ordinances within ten (10) days of the
Hearing Officer's decision and refuses to remove the motor vehicle by means other
under ita own power on• public highway, the CITY OF Englewoo d ~
Solei, Se,.;eeo ohall have reasonable grounds to believe the motor v2hicle bao boon
abandoned and the provisions of Section 11-IA-4 of this Article shall apply and the
vehicle may be disposed of in accordance with the provisions of said Section 11 -IA-
4, Disposition of Unclaimed Vehicles .
63
ff. The Hoarlnr Officer'• docialon ll, no woy ~ any criminal Proceeclins i"
connect.ion with tho im pollJld in qu .. tion, and any criminal charpo involved in
1,·.ch proc.odinc may only be challen11ed in tho oppropriate court.
I. The doclolon of the Hearinc Officer is final .
Section lSO. Title 11 , Chapter 2, Section 10 · DIS COUNT ; ASSESSMENT ROLL
RETURNED , Enclewood Municipal Code 1985, is 1,ereby amended ae followa :
A. Payment may be made to the 9ireetar afFiweial 8e~ri,ea CITY at any tiu:e
within t!,irty (SO) daya aft.er the final publication of the a11e11ing ordinance and an
allowanr · of five percent (5%) ahall be ,iade on all paymenta made during 1uch
period but not thereafur.
B. At the expiration of said thirty (30) day period, the~-• af Rin1nrie] 81..-Pieea
CITY ahall return the local aaaeaament roll to the Clerk, therein ahowinc all
paymenta made with the date of each payment. Said roll shall thereaft.er be
certified by the Clerk under the seal of the Municipality and dalivered by the Clerk
to the County Treasurer of the s,.me County with the Clerk's warrant for the
collection of the same,
C. If the Di<eNr of Fieellial Beniooe CITY is directed by ordinance to collect
..eaeument paymenta aa provided in aubaection 11-2-l0A, in lieu of the procedure
specified in subsection B of thla Section, the Ditiee'8r ef Finaaeial 8eP1'H81 CITY
may keep the asseJtament roll numbered for convenient reference in IUCh a manner
as to beet facilitate the collection and recording of asae;ament paymenta .
Section 131. Title 11 , Chapter 3, Section I -DEFINITION[!, Enctewood Municipal Code
1985, is hereb7 amended ae follow■:
The following definition only is cieleted from t1:i, S.."ction:
~ The 9i,eeter af P\fflli:e We,h.e er Direet.er'e deaipee
Sectlon 132, Title 11 ," .apter 3, Section 3 · OBSTRUCTIONS AND HARMFUL
SUBSTANCES, Paragreph A. Enpewood Municipal Code 1985, is hereby amended as
follows :
A. Materials. Except as otherwise provided in this Code, it shall be unlawful for any
penon to obotruct a atreet, aidewalk or gutter with any debris, lumber, ■and,
grovel, dirt, abandcned or wre .:ked automobiles or other material of aubatance,
without first obtaining writte.· permisaion i'rom the Dioeeler CITY, Such permit
may be granted only where the< bstruction is necesaary for the construction,
alteration or repair of the adjoin DI property, and such permitted obatruction a ball
be limited to u shor' • time u ir, reasonably po11ible . Each day that such an
unlawful obstructicn is permitted to exist ahall constitute a aeparate and distinct
offenae .
64
S,ctigp 133. Title 11, Chapter S, Se<:t.ion 4 • ENCROACHMENTS, Parqrapb C.
En5lewood Municipal Code 1985, i.o hereby amended aa follow ■:
An encroachment into the public ripit-of-wa.y for the followinc st,:ucturea may ~ f,!'&llted,'
provided rhe followinc terms and conditions are satisfied:
C. No encroachmen, un<er this Section shall be effective until an encroachment
permit and indemnity a'1'0ement have been si,:-,;::i by the property own•~
requesting the encroachment and recorded in the oflio, of the Clerk and Reairdar
of A cupahoe County. Said encroachment permit nnd indemnity acreement ■hall be
prepared by the Difeoler sr Ss111eo1UH'J De eiapmenl nil; il meelint-all
re~oiremo•le . appre e,1 h! him. ar her eftli lhe Qi,eeler o{F..i.::..w..i. CITY. The
encroecluuent permit and indemnity e,reement shall contain tht· leca1 description
of the property ownec! abuttinc the public right-of-wey to be encroached, the
purpose of the encroachment, that the encmachment permit and indem.,ity
acreement i.o a re,·ocable license , revocable by City Council at will, and that the
p1operty owner or h.ia or her heirl and aaaigna shall remove aaid atructuro within
thirty (30) "-Y• after notice of revocation; that the property owner is eatopped to
deny the richt of the City to revoke the encroachment ac-ment, and that the
property owner •Ill'••• to reimburse and indemnify the City for all expenses of
revolrinc the acreement or removing the encroachment. The property owner
rt1uesting the encroachment aball pay all reasonable expenses of preparing ,nd
recording the encroachment permit and indemnity agreement.
~li. Title 11, Chapter 3A, Section I -ENFORCEMENT t :"10 INSPECTIONS,
Englewood Municipal Codu 1985, i.o amended as follows:
It shall be the duty of the~ CITY to see that the pro, '&ions of thi.o Article are
enfo.-.-ed, und lot euob purpose be ahall have the ripit to m • ..:.:e inapections at any time, to
reject o.uy wor) or materials wnich are detective or do not conform with the requirementa
of thia Coci!e.
5.cl:1iPILlaA.. Title 11, Chapter 3A, Section 2 -PERMIT REQUIRED, PERMIT FEE:S ,
Paragraph A, Englewood Municipal Code 1986, is hereby amended as followa:
A. It •h•·ll be unlawful for any penon to construct any sidewalk , curb, gutter, curb r,ut
or driveway within the City limits without first obtaining a permit therefor from
th"~ CITY . Such r<rmits will be isaued only to regularly licensed and
bonded concrete contractors who poet with the City each year a performance bond
effective for two (2) years in the amount of five thouaand dollars ($6,000.00) unleso
the total value nf the concrete construction for the calendar year shall exceed five
thousand dollars ($5,000.tlO) in ann,gate, then the wtal bond shall be ten
thousand dollars ($10,000.00); or to a homeowner for the property in which he owns
and resides . The permit shall expire ninety (90) days after the day of isauance .
Sectjgp 136. Title 11 Chapter 3A, Section 3 -SURVEY REQUIRED, Englewood
Municipal Code 1986, is hereby amended u follow;;:
No permit tor the inatallation of any 1idewalk, curb, 111tter, curb cut or driveway ,hall be
iSBued until the applicant baa / resented to the~ CITY a certificate of survey by a
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repatered en1P11Hr or repstered 1urveyor e1tabllthin1 the srode and location of the
propooed construction and 1howln1 that it con!ol'IDB with the sradeo and typN aat forth in
thn offidal street and alley profile map ■ which an kept on iilt in the CITY olllceS .,...
Diter.e,; provided , however, that thia may not be required when the nece11ary information
is ava ila ble in the CITY offices altha Oiftate,.
Sectjog 187. Title 11 , Chapter SA , Section 4 · STANDARDS , Englewood Municipal Code
1985, is hereby amended aa follows :
Sidewalks, driveways , curba and guttera shall be constructed in accordance with the details
shown on the plaus submitted. Any sidewalka that are to be t'O nstructad over buement
areas proje.ting out into the confines of streete ■hall have detailed plans of construction
submitted to the Difeelel' CITY and his approval•~ before work is started. Sidewalb
must have a minimum thickne11 of four inches (4"). Driveway, must have an averase
minimum thickness of six inches (6') and must be constructed for the full wid(h ~f the
driveway from the bac:lt of the curb or back edge of sidewalk or combination curb, gutter
and sidewalk to the property line. No ribbon driveway■ will be permitted within the
co nfines of public righte of way. The lli,,eatep CITY shall have authorit:; to allow minor
deviations from the standard.a herein required. Appeal from any decicJon of the~
CITY pertaining to this Section may be made to tho Board of Acijustment and Appeals .
Sectjog 188 Title 11 , Chapter 3A , Section 5 • GRADl!.S , Englewood Municipal Code 1985,
is hereby amended as follows :
When curbing is in place at proposed sidewalk site, the grade from the top of the curb back
to the edge of the sidewalk shall rise at a rate of not leBB than one-fourth inch per foot
(¼"/I l The rate of any rise in e,cesa of this shall be approved by the lli,,eatep CITY before
construction is commenced . Sidewalk proper shall slope toward the curb at the rate of
one-fourth inch per foot (¼"/11 of width . Ground between bac:lt edge ofaidewalk and the
property line shall also slope toward the curb at the rate of approximately one-fourth inch
per foot (¼"/11. A grade survey shall be secured from the elliee sf the 9ioeeta, CITY before
work is undertaken, which shall establiah the correct elevation for the bac:lt edge of the
sidewalk . Such grade survey will not be furnished in connection with issuance of permit for
construction of sidewalks but must be requested separately.
Section 1S9 Title 11, Chapter SA , Section 6 • STANDARDS SPECIFICALLY SET,
Englewood Municipal Code 1985, is hereby amended as follows:
A. Curb Cute . At curb cute, the contractor shall remove so much of the curb and
gutter as is necesaary to permit proper construction of the driveway entrance and
maintenance of the gutter.
B. Downspout Drainage. Downspoute and other drainage ilowing into streete must be
carried under sidewalks and parkings in suitable pipes and discharged through the
cubing into the gutter. Such pipes shall not be less than four inches (4") in
diameter. Other methods of can-yins water acrosa sidewalks an~ parkings must be
approved ir. ,.:lvance by the~ CITY.
C. Contractor to Set Mark. All aidewalb, curba, guttera and driveways ■hall have the
name of the contractor and year of construction impressed therein , uains block
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llden oaa inch (I") hiah and thne-eifhtlui inch (318") deep . One impnuion lhall
be made In each driY9way . lmpreaeionJ ahall be mada In lidewalb, curbe and
ptliln at each end of conatruction or at one hundn!d foot (100') intervala and •t
-.It uteneion to curbing.
D. Traffic Control !N;vicea. At the time application ii mado for permit to con•truct
aidawalkl , aorvi ,"ff walb and drivewaya , the Traffic Engineer ahall be adviaed of
aey traffic control device■ or atreet aicna that may be affected by the propooed
conatruction , and no aucb devicea or aign" shall l::! removed or \'ttlocated until
approval of the Tl aflic Engineer ia aecured . The coat ofany n,location a hall be paid
by the contractor.
E. Power Line Polea . Whenever power line polea are locate d within limit., of propoaed
conatroction , the ollieo or !he 9iPe"'8r CITY ahall be ao adviaed at the time
applica tion ii made for permit. Arranpmenta will then be made for relocatin1 auch
polea outaide the area to be concreted if relocation ii feaaible . Concrete ahall not be
placed at pole location• until auch polea have been moved or the~ CITY hae
adviaed the contractor that it ia aatilfactory to proceed without moving the polea .
F. .Tree■. When tree• are located within the area to be concnoted, and the~
CITY ha• approved ouch treea being let\ in place, an open apace eighteen inchea
(18") wide ahall be Jen around each tree. It will not be n.ceaaary to lea,,, ouch open
apace between a Ire-. and the edp of a walk ntendin1 alone only one lide of a tree.
G. Water Stop Boxes . Water atop boxeo located within area to be concnoted ,hall be
adjuated by the contractor to be Ruah with the aurface of the lini.ahed concrete .
S,ctlop HQ Title 11, Chapter 3A, Section 7 • BARRICADES AND LIGHTS, Englewood
Municipal Code 1985, ia hereby amended as followo:
The contractor ■hall provide and maintain proper barricade■ and lighta at all conatruction
locationa until such time ae concn,te ia ready to be opened to uae . If the~ CITY doee
not consider auch barricades and lighta proper or aufficient, the contractor will be adviaed
and requested to correct the situation promptly . Maintenance of proper barricades and
lighta shall in no manner relieve the contractor of liability for injuriea to peraona or
damap to property incurred aa a reault of the conatruction . Lighta shall be lit before duok
and shall remain lighted until at\er daylight the next morning.
ll!ictiPP..lil-Title 11. Chapter 38, Section 2 • SIDEWALKS AND SERVICE WALKS
WID'ni AND LOCATION, Paragraph A, Engltwood Municipal Code 1985, ia hereby
amended aa follow s:
A Sid ewalks in l'esidential areas shall in general conform to exiatin1 walks in the
aame bl~ or diatrict. Sidewalk, set back away from curbs shall be not leu than
four feet (4) in width unless otherwise approved r.y the BiPeeMf CITY .
Sectjop 142, Title 11 , Chapter 38, Section 4 • CONSTRUCTION MATERIALS,
Paragraph C, Englewood Municipal Code 1985, ia hereby amended aa followo:
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C. Fine Ann1ate. Fine llll'9Ple ,ball conailt of uatutal UJMi or of l&Dd pnpand
from ■tone,.blut-furnaoe alas or aravel. It ,hall he bee fNm lumpe of claf, alkali,
10ft or Oaky materiall a.ad injutio1111 amount■ of orpnic impuritin. WboD
subjected to the colorimetric teat for oraanic impuritiu and producins a a,lor
darker than the standard, ,, shall not he Uled without approval from the~
CITY. Fine aaareaate shall he graded from coane to fine and when teeted by
mean, or laboratory sieve■ •hall conform to the following requirement■:
Sieve Size
.. inch
No .4
No.16
No.50
No.100
Percentap PHSinr
100
95 to 100
45 to 80
10 to 30
2 to 10
Sectlog 143 Title 11, Chapter 3B , Section 4 · CONSTRUCTION MATERIALS,
Paragraph E , Englewood Municipal Code 1985, is hereby amended as follows :
E. Air-Entraining Admixture. Unless air-entraining Portland cement ia uaed, an
air-entraining admixture conforming to A.S.S.H.O . Deaiaution M-154, ,hall he
added. Such admixture ahall produce a total entrained air content in the concrete
as determined by the "Tentative Method or Teat for Air Content or Fre■bly Mixed
Cement" A.S.T.M. Deoip,ation: C-173, or by other rea,gnized method of tut
approved by the~ CITY. Addition of the admixtute to the concrete shall he
by a precise method.
Sectlog H◄ Title 11 , Chapter 3B , Section 5 • CONSTRUCTION METHODS, Paragraph
5, Englewood Municipal Code 1985, u, hereby amended as follows :
A. Grading. The contractor ■hall do all nece88ary grading, either excavating or fillinc,
required to permit conatruction of the sidewalk, curb, (Utter, service walk or
driveway to the required a,ade. The aubgrade shall be firm , compact and of
uniform denoity. Fills ahall be made in lifts of not to exceed six inchas (6"), each lift
to he thorougltly compacted to the satuifaction of the ~ CITY before next lift
is made. Embankment shall he constructed to a width two feet (21 greater than the
width of the walk or driveway to be constructed. All r.oft or spongy material, tree
root■ and veptable matter shall be removed from the aubgrade an~ replaced '11-ith
suitable material placed in layers not exceeding six inches (6") in thickn ... , each
layer being thoroughly compacted before next layer is placed. Exce.11 material ■hall
be removed from the site.
Sectlog HA Title 11, Chapter 3B, Section 6 · CONC!u~TE SPECIFICATIONS,
Englewood Municipal Code 1985, ia hereby amended as follows :
A. Mixing Cement.
I. Mixing at Site. An approved type of batch mixer shall he uaed for co111..,..te
m.il ·ed at the site of the work. It ahall not he loaded to more than it■ rated
capacity. Mixe.a ahall be replaced when they become worn down too much for
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utilfactory ruuitl. All of the materiala for each batch of CODGNt,e, mcludiJla·
water, aball be mixed not•-than one and one-balf (1112) minute. after all of
tho materiala 119 in tht mixer, which aball nm,lve at the apeed fOl\which it ia
designated, but not le11 than fourteen (14) nor more than twenty (20) r.p.m.
2. Central Miud Concrete. Central-mixed, abrink-mixod or trensit-miud
concrete ■hall be mixed nd traneported to tho site of. the 'Nork in accordance
with 'Standard Sr,ocifir ,lion,. for Ready-MiDd Conerete" A.A.S .H.O.
Designation: LM-157 with the fol.i.;;,ing restrictions:
Concrete must be delivered and dilcbaried from the tru1.ik mixer or qitator
truck within a period of one hour after introduction of t.~e water to tbe cement
and aggregates or of the cement to a-te. Delivery ticbta tball have tbia
time clearly shown thereon, and the contractor shall check the aame to be
certain that delivery is made within specified period. The deUvery ticket ,hall
also specify the amount of cement and air-entrainment.
Concrete shall be delivered in truck mixora oe agitator truck (trucks providma
mechanical agitation by revnlving druma or revolving bladea in atatinnary
drum) operated after time required for thorough mixing of the concrete at the
speed designated by the manufacturer aa agitating speed. Delivery of
central-mind concrete sball not be made in n,nagitatinr equipment without
aecuring the prior written approval of the D'-CITY of the type of
equipment to be uaed and method of operation.
3. !!.,tempering of Concrete. Retempering of concrete which baa partially
hardened, by remixing, with or without water, will not be permittod.
B. Consistency of Slump. Concrete sball have a slump of not leaa than two inches (2")
or more than four incbea (4') when teated in accordance with 'Standard Method of
Slump Teat fur Conaiatency Portland Cement Concrete' A.A.S .H.O. Deaignalion:
T-119. The slump ■hall be kept ae amall aa poaaible and atill secure nitable
workability.
C. Placing Concrete. Before concrete is placed, the subgrade shall be thoroughly
sprinkled but not to euch an extent as to cause a muddy condition or poola of water.
All concrete shall be depoaited in place in such manner as to aecure u marly u
poasible a monolithic walk or driveway without jointa except as apecified. Under no
circumstances ■hall it be depoaited on a muddy subgrade or in water. Itaball not be
placed in freezing weather or at such a time that it may be subjected to freezinr
soon after being depoaited, except with the written permisaion of the~
CITY, and then only under proper condition■ aatiafactory to the DiNNf CITY.
Formed eurfacee which 119 to be exposed to view after removal of the limn• ahall
have the concrete well epaded against the forme 10 aa to bring the mortar •raimt
the form and avoid honeycombing or expoaure of coarse aggregate. After thorough
conaolidation the concrete shall conform to the specified thiclmeaa . Any evidence of
lack of conaolidation shall be regarded as sufficient reuon for requirinc tl!.e
removal of the section involved and its replacement with new concrete . The
contractor shall be reaponaible for any defects in the quality and appearance of all
completed work .
D . Finishinr. All concrete walka , curba , gutter■ and drivewaya ahall be P'f9II a wood
float or light broom finish utisfactory to the~ CITY. Upon reqUNt, the
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~ CITY will adviH contncton, where walk, or drinway,, with acceplable
linilb may be in1pected to dotermine what finiab will be required. No d111tin1 or
toppin1 of the 1urface, or 1prinklin1 with water, to lacililate finiabinl will be
permiltad.
E. Curinc . A. 100n a1 concrate ■urfn<'M have been finiahed and before the oet of the
cement bao taken place, the c:onm,te ehall be cllftd by the application of an
impervio111 membrane curinc compound contaimn1 a whita pi11111enl which will
clearly ahow that the 1urface bae been properly coated and oealed. Application
shall be made at the rate of approximately one gallon per two hundred fifty (250)
square feet . The imperviouo membrane msterial ■hall be "Hunt Procee• White
Pigmentad" or equal. The uoe of other methods of curinv shall be approved by the
~ CITY before the concrete ia placed.
Sectjpp 146 TiUe 11 , Chapter 38, Section P · FILLING SPA CES AT CURB, Englewood
Municipal Code 1986, ia hereby amended as follows:
A. In caoea where the epace between a curb line and eetbad, lidewalk in a re ■idential
diolrict ia lea than eighteen inchr, (18") in width upon application, the~
CITY may iaoue a permit for such spacee to be filled with concrelAI of the
specification■ and under the requin,menta ofthi1 Article. The City Council may, on
ita own motion , order any such strip to be conetructed or repaiJed ae provided in
Section 11-38-1 hereof.
8. In caeee where the apace between a curb line and a oetback 1idewalk in a
J:'elidential district ia eipteen inchee (18") or more in width the o,rner or occupant
of the abutting property may, at his own option . fill such apace with coarse gravel,
cr111hed ,tone or aimilar material to a depth of not leae than two im:hea (2"), such
material to be approved by the~ CITY, and the maximum ■iJe of which will
pau throurh a alandard one inch (l ") acreen. Such malAlrial ,hall be continually
mainlained by the owner or occupant in a plane with the top of the curb and the
surface of the sidewalk .
Segjop 147 TiUe 11 , Chapter 38, Section 9 · CONTRACTOR'S GUARANTEE,
EJll)ewood Municipal Code 1985, ia hereby amended ae follows:
The contractor ahall guarantee in writing concrete walks and drivewaye tor a period of two
(2) yeera after completion 01aina1 defective workmanahip and mate, <nlo , and ,ball keep the
same in good order and repair. The determination of the neceaeity durinc aucb guarantee
period for the contractor to repair or replace laid wallr.a and driveway,, or ao.y portion
thereof, shall real entirely with the~ CITY , whoee decision upon the matter shall be
final and obliratory upon the contnct0r.
Sectjop 148 TiUe 11, Chapter 38, Section 10 • PENALTY FOR DEFECTIVE WORK,
Englewood Municipal Code 1986, ia hereby amended a■ followa:
In addition to or in lieu of the other remedieo or penalties provided , if a contractor faila to
comply with the require mi .ita of this Article relating to cono:ete work, additional permilAI
for aidewa''u, curb,, gut.<en , aervice walka and driveways will be withheld by the~
CITY uotil assurance ia received that there will be compliance with theoe regulation■.
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Section HP Title 11, Chapter 3C, Section 1 PERMill' REQUIREDi, EnaJewood Mllllicipal
Code 1985, is hereby amended aa follows :
II ,hall be unlewful for any peraon to die up, open, excaYate or to cause to ha dua up,
opened or excavated, any public street, alley or public property, or any pariy thereof,
without tint securing a permit therefor from the~~ CITY. Such i,ermit
aball be kept at the site of the excavation while the work is in Procre&I and it ,ball be
exhibited upon request to any police officer or repreaentativ• of the City.
Sec;tjpg 1§0 Title 11, Chapter 3C, Section 3 · PERMIT FEES, Paragraph B, EnaJawood
Municipal Code 1985, is hereby amended as follows :
B. Applicant may file with the ~written evidence of a contract between each
applicant and a reputable paving firm showing that such firm will finally reaurface
all excavation according to City specifications after having been properly bacldilled
by the permittee. A eharce of six dollara ($6.00) shall be made for each aucb permit
iasued. A two-dollar ($2.00) billing fee shall be charged for each individual
statement requested.
Section 161 Title 11 , Chapter 3C, Section 4 • CONDfflONS OF PERMIT, Englewood
Municipal Code 1985, is hereby amended as follows :
A. All permits shall be issued according to the provioions of this Article and ahall be in
effect fo, a period not longer than thirty (30) daya from the data of iuuance. All
work performed as authorized by permit shall be subjoct to such rules, directions
and reculations as the~ CITY may eotablilh as neeeaauy to provide for the
proper care, protection and maintenanoe of all ltleets, alleys and public placea.
Each aucb permit ,hall be conditioned that all work done thereunder eball be only
such work aa is specified in the permit, and sball provide that the permittee 1ball
be liable for maintenance of the cut for one year from the date of isluance of the
permit. A separate permit shall be issued for each excavation project. An
excavation permit shall not be required for work on aidewalb, curbs, guttere or
driveways if such work is done in accordance with the terms oft he other applicable
provioions of this Chapter.
B. No permit aball be isaued to any person who is in current violation of the provisions
of this Article , or any other provision of thia Code or any rule or regulation of the
City.
Section 162, Title 11 , Chapter 3C, Section 5 • INSPECTION, Enclewood Municipal Code
1985, is hereby amended as follows :
The~ CITY shall ins pect and test all excavation work to determine whether it is
done in accordance with the terms and conditions of the permit il8ued therefor and any
other rulea and reculations of the City . If the excavation made is lerger than that
authoruad under the permit, the permittee aball be billed for the additional amount
owinc-If improper or unsuthorized method, have been employed in openinc or cloeing
the excavation or the work ia not completed satisfactorily, the permittee will be civen a
reasonable time not exceeding thirty (30) daya to correct any and all deficiencies. If aucb
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doficiencie• aN not corrected wlt..\ln tht pretcribed time, tho Cily ohall mako ouch
correctiona and the ptnnitteo aball pay the actual cotlo theroofpl111 a penalty offil\y
percent (6°") of the amount themf. 1 I· ! ('
5ec:tlon 101, Titlo 11 , Chapter 4, Section I · DEFINITIONS, l!lnclowcod Municipal Code
1985, ia hereby amended a ■ follnwo:
For the pUJ1)(J08 ofthia Chapter, tho followinc term,, phNooa, word• and their derivaliona
shall have th• meaninp civen herein.
PARK:
'Pao 9iruier of P, hlio UtoNe of 1111 -II
~-,,ei,,l,.,lih!lhel:i1JU1 ■11tr
,ae,ed, er aa, penen '611 ., haa lie Ml
ll1l111ll• .a., alnhsfH!' ll'IMell ~ IMe
Qa,e , ar -, amenlimeat Mrete
Any area 1118d as a park. reaervation,
playcround, beach, or any otbor open area in
the City, owned or 111ed by tho City and
devoted or designated to active or puaive
recreation , either on a temporary or
permanent baaia.
5•c:tlon llH Title 11, Chapter 4, Section 2 -AUTHORITY TO GOVERN, Eqlewcod
Municipal Code 1986, ia ben,by amended u follnwa :
In order to have the parka AND RECREATION FACILITIES of thia City 1118d to the fullest
extent conaiatent with an orderly 1118, there ii hereby deleptod to the ~ CITY
MANAGER, or hia desipee, the authority to adopt and promulpte 1uch ruleo and
regulationa, a,werninc behavior and conduct of person, within the parkS AND
RECREATION FACILITIES u be deema neceaaary. Without in any manner limilini the
foreeoing authority, the Dire-. CITY may deaign,ta the daya and boun durinc which
any park OR RECREATION FACILITY 1hall be open to the public and may decicnata at
any time any aec:aon or part of any park OR RECRE .. TION FACILITY to be clmed to the
public for any interval of time , either temporarily or at regular and otatod intervala and
poet sign, to ouch effect.
5•c:tion JOO, Title 11 , Chapter 4, Section 3 · VIOLATION OF RULES AND
REGULATIONS, Englewood Municipal Code 1986, ii hereby amended a ■ follow ■:
A. It shall be unlawful for any peroon to fail or refuse to obey any lawful order or rules
and regulation, of the City Manager or hie-<leaignee or the inatructi,na of any llign
pooted by him unlesa otherwiae directed by a police officer.
B. Should any person Cail to observe and obey any such rules or regulations of the
City, the City Manager, or hie designee , may immediately remove any ouch ponon
and may ban ouch peroon from the 1118 of any park and ill facilitit1 for ouch period
of time u may be ne0Bllaly to aecure compliance with ouch rulea, regulations and
poated sign,.
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C. AJ!Y pv1011 removed or bt11U11dfram IIN rllha parlr..OR RECREATl~ facililiM
may, y,ilhin five (5) daye from Iha dale o( Iha Qt, Maupr'a OR DESlONU'S
action , appeal the City Manapr'1 OR DESIONEE'S actions to the City Coum:il by
filin1 with the City Clerk an appeal in writinr, 11ttin1 forth the buis of 1ucli
appeal . The City CoUllcil •ball at the next rep)arly ■cheduled Coimcil --~r
11100n as is reeaonably pouib:.i lhareafter, 1111tain or overrule tbn en, Manap,'1
OR DESIONEE'S actior., wbicb decilion ■ball be final .
Soctjop IA§ Title 11, Chapter 4, Section 4-2, APPWCATION FOR PERMIT, Eqlewood
Municipal Code 1985, is hereby amended as follows :
A per■on 111kin1 i&1uance of a permit or re■ervation hereunder shall file an application
with '8e 1pp,e11M•e Upartaan, CITY. The application shall atate :
A. The name and addreu of the applicant.
B. The name and addreu of the person . persons, corporation or alSOciatinn apo,,aoriDJ
the activity, if any.
C. The date and hours for which the permit is desired .
Soctjop JAl Title 11. Chapter 4, Section 5 • DEPARTMENT RESPONSIBILITY,
Englewood Municipal Code 1986, ia hereby amended as follows :
The City Manapr OR DF.SIGNEE &ball liea~le Ille a,,,a111iale pe,eaao le iaeue permits
allowed by Enr!ewood Municipal Code. Seolioaa 11 I a ea 11-4-4.
Soctjpp JAB Title 11, Chapter 6, Section 2 • DEFINITIONS , Englewood Mllllicipal Coda
1985, is amended as follow■:
For the purposes of this Chapter, the following terms, pbraaeo, words and their derivationo
are deleted :
CITY FOIISS!l'ER. '!'he Cii, ro ... 1e, or Ille CHi ef ~
Celo,a4e,
Section Jli9 Title 11, Chapter 6, Section 3 · OFFICE OF CITY FORESTER CREATED;
JURISDICTION, Englewood Mllllicipal Code 1986, ia hareby deleted:
OFFICI, or CIT¥ FOlll,8'1'1,11 Cil&''!'El;l .
!RtePe-1& ;ereh) eoNhlieheli 11,ilaift t.he 9e11anment of P111hlia me,& i:n '8e ad · · ftti e
eeP'iee ai,fte Qi~ tlle afiee ei~H Qi17 FHeeMr 'Ria Qi-, Foreo&er aha.II he a&er ,'6
reeeral Ollfl~ ieian efthe 9iteNr •• DepAftmeataf Pllhlie Wel'H. 'l'ae Si-, P:e,t.,t...,
effiee ehall lie illell eilk ■r !:. (a) ap(lei:a-.eat e, '8e Sit, Hee1er 1.tBeler '8e pN iii•• ,r
aeelie11 &a OPliele ''II er Ille Cii, Chane, 111a Ti~e 3 Chaple• I e{ lhe Heiei111,I Colle, ••
~) ae aa app1Hl'8e a{•e Gi" S111Mil ,..,, .... , '8 Ml &lfeemen, fer NI iw wile ether
leoal 1• """"'""lal """" 8ho..W Nill ■ilieo h &Ilea~ """""""'""' h! lho Cii, Cowooil,
11 HI ttaB' la Ill apeeman, far ee~,i■-, Nill Si" Farealer IMD: a& e HI like r the
73
e••• re j111M111:iltiea aad awpeP ilien al 111 •111 Hd: etl!ter , .... •• p11111 ....... '-,~~Ii• pla111 ao he,eiHfter ael fet4 . !QNI, 18 Sniee 10881 ••• g,,, ta 8orio1 1980!
Section 180. Title I i, :-'hapl.!r 5, &-ction 4 · AUTHORITY OF CITY FORESTER,
Ena)ewood Municipal Code 1985, ia noreby deleted :
11 i I . ,',lJ!l'HQIIITY CF QITY FQRKSTEII,
't=fte Gi'1j Fe reeler eha!l fta, e the feUe ,, int ree,B111ikili&iee , eutltariliea aali pewerr
A. Pwhlil! PPOpert.,. 'l!he Ci~ ~ereeUr elta.U lta e jHielHeli.en anti au,ep:,;eian e er .U 1n11,
et.her pl tn:le 1:1111 CNOOea pe., i.B1 HI puhl:ie pleeee. 'Rte GillJ Fareeler ahl:H ha ,e $he ••••
le ))POmlllrate l'\Uee, rel'ffaU:11n1 &111i 111eeiAealie111 far vimmillr, .,,afHlc1 remei1 ie1,
planWl1 , prltllinc and pre,eelton ofplanM upoa p11lil:ie prepe") He or aha ma, ,i... "illt1
epre:,, preoeP: e aad: remo e ,,eea, aleer 11laaY aad: "911ee, er 9Ner .ata, the awe he d:ane,
iB pUY:e plaeea '8 iaa11re eaie", ,,eeeP\e i,he ey11uael.Fj aed:liea11" efe11eh pie•■, 11re eM
~
I . Tke Gi$J Fereeter, er deeipee, ehail ha e t.he a11laeri" aad: i, ah&h 1::t.· 1t1 e er lier du" te
order \he apra, tllc, tr:immillg , IIPl!leP: aU:DB er reme al efWeea er plan'8 upen 11ri ate
11r111ert, wBen he er ofte oftall Anll 011eh aeiien oeeeeeftP) Ml 1111hlie eafe$5", fteakh er welfue 1
er te 11re reat t.he spread: ef dioeaae er iaaee'8 '8 e'lfter -.eea anli pleeee.
:ii . 't!he Qi.,. F1N11, , ma, eaM!r 11p11n ey pr11milea 1rialtaw, W81'NBli le iae,eM all w1111ii11ilee
e, IPeea , lace , ah, ,1,, an, olhe, plela wilhiB lho limila af lho Qii,, whelho, ■-II lleeo,
le1a , ahl 11ho er plM. le are fer aale er ae,. Ypon aiaee erinc Hl inleebe 11a iMeela er
olieeaeoo harh•c:a , ilhia u,h oaiipile , IPeeo , 1019, oh, oha •• plela, •• lhe elliole-or
elm ., aeil, the f'i" Fare•~• shall al eaee ne$ify '6e .., aer ar • •n• ef the ,,. ....
wllereupen lee ,eme ie leeeled: ef tee eeal!litiaa Mntad utl eftall. tliren awrft n aer er apa,
h, aabee kl rem _d, aueh eond:i.,ieBO immel!liaH?l) er a, a time at de'8rmia:ell h, '8e Gt-,
re-
3. PreeedYN fer Hla11aaee ofe1teft neRee , appeal Pigh'8 aad remeMea 1:111a1111oneampliaaee
are III oet au, ill 8eetie11 11 fi 8.
G. loouanee af PePIDi'8 aad bieeaeee.
I . 'Rte Qtly Fereet , aha.II fta e lee a11,lleft-, '8 premui111t:e Niea anll ,ec,&IMieae
re1Mtlin11'8a!!larde ef~ aNlltwhip etl ~e A 11ermil ma) he rettltH"l!li li,. .a.e Si.,
~ereoler far ,ne planbnc, reme al er malft,eaanee 1c111a11 puhlie areas . QeY:iletl iBfenaaliea
ma) he PCttllifneS h) ,he Ci-, Ferealer 11pea reeeip, ef 9:11 applieet:ian !or a permit.
l!h1iml.l§L Title 11 , Chapter 5, Section 6 · PRESERVATION AND REMOVAL
PROO::F.DURES , Englewood Municipal Code 1985, ia hereby amended as followa:
When the Qie, fe,e,10, CITY shall find it necesaary to orde,· the trimming, sprayinc,
prelttVation or removal of trees or plants upon public or private pl'Oj,erty, as authorized in
thia Chapter, IN-.i..II......... a written order to correct the conditio n SHALL BE SERVED
74
upoa Illa owmr. oporator, OCOUpaDt, other pel'IOn rupouible or upon the pllOplrly when
Illa coMilion mu.
A. MotlloclofService. Tho order requind herein •ball be Nnedilloneollbe
followma w-,1 in anler of preference:
I. By ma.king pel'IOnal delivery of tbe order to tbe pel'IOn reaponaible;
2. By leovin11 the order with aome pereon of auitable a111 and diocretion upon tbe
premieea .
3. By affixing a copy of tbe order to the door at tbe entrance to the pnmiaea in
violation;
4. By mailing • copy of the order to tbe last known addre88 of tbe owner of the
premises by registered or certified mail, return receipt requested;
6 . By publiahin11 a copy oft he order in a local paper once a w k for three ($)
aucceuive weeks.
B. Time for Compliance. The order requind herein ahall aet forth a time limit. for
compliance of not leu than twent-J four (24) houn and not more than forty five (46)
days, a1 tbe City.,_ deem, appropriare.
C. Appeal from Order. Any pel'IOn to whom an order hereunder is directed may
appeal, in writing, to lbe IliftMer of Pohlie ll'erko CITY within aeventy two (72)
boun of the aervice of auch an order. Emerpncy noticeo, u aetout ill auboection F,
are excluded from ~ procedure. The appeal ,hall contain the appellant'• name
and addreu, tbe decision being r ~pealed and a bri,f explanation of why the
appellant 1hould uot be requind to comply witb the order appealed. The ~
PHlie m..., CITY MANAGER OR DESIGNEE promptly ahalJ meet informally
with the ap,,.llant to exchange neceosary information and lhall i.oaue a decision in
writi.J.•r, ~, the appellant at his addre88 stared in the appeal. UnleBB tbe order is
l>!vnked ,,r modified, it shall re·•. 11rin in full force and be obeyed by tbe peraon to
whom directed.
D. Failure to Comply. When tbe pereon to whom tbe order is directed ■ball fail to
comply Mtbin tbe apecified time, tbe City ~ shall remedy tbe condition or
contract with otben for 1uch purpoae and ~ tbe coot. plua fifteen pereent
(15") for administrative fee■, to tbe peroon to whom tbe order is directed. The
penon remedyin11 a condition under a contract made hereunder ■hall be 1utborized
to enrer premises for that purpose. Failure to comply alto conatitures a Municipal
ordinance violation, for which the violator may be cired and summoned into
Municipal ':ourt and, if convicted, punished according to Chapter 4, Title 1 ofthi■
Code.
E. Special A88essment. If the cost of complying with a City Fe,,eeter order"' trim ,
spray. preserve, remove trees or take other appropriate action is not paid within
thirty (30) days after re..-eipt of a statement therefor from the City~. s uch
COit, plus twenty five percent (25") of such COit, shall be lew,d against tbe
responsible property owner or property upon which aaid condltion exists, as a
special aueument. The levying of such assessment shall not affect tbe liability of
the penoo to whom the order is directed to fine and imprisonment as hr.rein
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pl'D'riclod. Such apecial -••nt 1bftll be c:enifted by the lliNIIH 11~...W
s...;... EX OFFICIO TR&ASURER OF THE CITY to the Treuunr of tbe County •
of Arapthoe. State of Colorado, and ,hall thoreupon becomr and be a lie:a upon
auch proptrty, sball be includod in tho next tu bill rendeftd to tho~ or
ownen th•reof unleu paid btfoN!. and shall be oollect.d in the aaae lllllJltlr u
other ad valorem taxes apinot auch property are collected.
F. Emerpncy Notice. In the event the City~ finda a condition involvinc a tree.
shrub or other plant which conotitutes an immediate threat to life. limb or
property. the City~ shall have authoiity t:o immediataly haYll cauled
correction or remedy to such condition at the owners' or agents' expe1111 without
admini.otrative fee . If the COiia an, not puid by owner within thirty (30) daya of
notice of costs, the City~ ,hall initiate prucedure for a apecial aueument as
authorized under subaection E of this Section.
S•ctjon 182 Title 11, Chapter 5, Section 7 · REMOVAL UNDER SPECIAL
IMPROVEMENT DISTRICTS, Enpewood Municipal Code 1985, ii hereby amended u
follows:
In tho event the removal of any plant ie neoeaaitated by a City pa'fin1 or aidewallt diatrict,
the expeme of 111ch removal will be borne by the City, not subject to recovery from the
owner or apnt of the property unleaa such plant waa planted or placed with written permit
from the City~ after the effective date of this Chapter.
Section IR, Title 11, Chapter 5, $ection 8 -PROHIBITED ACTS, CONDITIONS,
Englewood Municipal Code 1985, ii hereby amended u fol10W11:
A. Public Danpr. The City~ 11ball have the authority to deai,nate unlawful
-. or planta and to ordor the removal of exiltin1 treea or plantl, where their
mstence ia iJrjurioua to the health and aafety of citizena or property .
B. Prohibited Plantinp. ''emale O-,tto11,wood trees (Popul111 deltoides), Siberian Elm
(Ulm111 pumila), or Box elder (Acer negundo) are hereby declared to be unlawful to
be aet out or planted within the City and are subject to removal except for matun
treea more than one inch (I") in diameter.
C. AbUle or Mutilation ofTreeo. Unleu authorized by the City~ or property
owner, no pen<>n llhall perform any of the followin1 on uy public property within
the City or on any other ~rivete property not belonpng to that person:
I. Dama1e , cut. carve, transplant or :emove any tree or ahrub or injure the bark
thereof.
2. Pick the flowers or seeds of any tree or plant.
3. Attach any rope, wire or other contrivance to any tree or plant.
4. Die in or otherwise disturb arua areaa. or in any other way injure or impair
the nalllral beauty or uaefuweu of any public uea.
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D. lnterfennce with City 1-. No penon ■hall in any way intemre or°'-any
i Pll10D to int.erfere with the Citf 1!1RNr • W. n,,eeea•li•~ in or about the
performance df hia dutlu u dellned in thi■ Chapter.
Sectjgp 18' Title 11, Chapter 6, Section 2 • PARKING STORAGE REGULATIONS FOR
RESIDENTIAL DISTRICTS, Paragraph C, Subaection 5, Subparagraph b., of the
Englewood Municipal Code 1985, ie hereby amended u follows :
11-6-2 : PARKING/STORAGE REGULATIONS FOR RESIDENTIAL DISTRICTS :
C. No pereon shall park or store any vehicle on private property in violation of the
following restrictions:
5. No p<Jreon ahall occupy any vehicle in violation of the following:
b. Upon the application of a re■ident of the City, a apecial permit may be
ioa ued by the Ile,-•• of G,_,_., Ile olopmoal CITY for a
nonreoident journeying in a N<reational vehicle ul8d for ho-koepins
purpoaea and who ie viaitinc at the reaidance of tho applicant, to occupy
the ""' el oehiele RECREATIONAL VEffiCLE at the applicant'•
residence for not more than aevon (7) day,. The 1pecial permit ahall
apecify the location of the applicant'■ property or acljacent right-of-way in
which the IN el ehiele RECREATIONAL VEHICLE will be parked
while cccupied.
Thia ahall not be deemed to permit the parking or storall" of a detached caa.per, trailer or
small trailer in any public street or right-of-way of any otreet designated as an arterial or
collector street.
Sectjop 186 Title 12, Chapter I, Sectiona I -DEFINITIONS , Englewood Municipal Code
1985, ie hereby amended u follows:
Aa w,ed in thi■ Chapter, the following wuni. cud definitiona only are deleted or amended
and all uthere remain the aame :
lllBl!:G'PQR erlll!IBG!l'GR QF 1~8. 'Rle lliPesle, dUlililiea r., \he Gil) af
iaclew11111l er -'her ,w, a1.1.iteriNS
.epre■ealaa e .
.., •• , ..,. \l,pe11sh • hielo \ha u..,;..,111
watieir•aNa ,, 1Um i:e ape,atell HIier lee
IBPOMB aflhe Gil) Goeeil, GilJ HHater
1:1111 DilieMr efUWiuea .
Sectlop 188. Title 12, Chapter I , Section 2, Englewood Municipal Code 1985, ie hereby
amend.Id u followa:
RULES AND REGULATIONS; AMENDMENTS: Rules and regulationa ....,_..W...
~ ma.v be altered, amended or added to &om time to time by approval of th~ City
77
Cow,cil. s,,cb ruin and reru)ationa, l9Ptbor with ,U amuulmu\l, lhall ~1~yailable !or
inspection at tha ........ w.11, Di iliea M CITY Dl.1'$0 WORKlNd lll,Na ■111Hil
boun. All '11111, Di ioioa rule, and reru)ationa are int.a~· ::..1 dlliped and adi,ptecl to
promote tbe public peace , health and aaCoty, and 1ilal! i,.. 11, f-m:e from and after tha date cf
their adoption. In
Scc;tipn 187 Title ·. !, Chapter IA, Section 3 · RIGHTS U}l)I)ER LICENSE, Enpowiiud
Municipal Coda 1985, ia hereby amencled u followa :
Neither the ""'1tin11 or aucb licenae nor any act. circumatance or condition ,hall operata
to create any vested or proprietary riibt wbat.aoever in the liceDlee, but ahall pve th.,
licenaee the ri11bt to uae water for the purii-,, apecified in the 'licenae, subject to
termination or such license u herein provided. Every licenae to uae water ■hall be subject
to revocation and shut-off by the~~ CITY ·..nd shall be aubject to the
charie or reuonable expenaeo after written notice for item, required by thia Title
pertaininc to uae or water when the property 0"11 or refuaet to comply with the EncJewoocl
Municipal Code, without oUiption upon tha City to refund or repay any coDlideration
wl,icl,, may have been pven for the srantins ?( aucb licenae, and without any obliption
upo11 the City whataoever, for any one or mora or the followiq reuona:
A, Failun, to pay proper cbarllOB when due,
B. Failun, to comply with thia Chapter and applicable rulea and reru)ationa or the
WaMr Di ieiea CITY.
C, Uee of water for a purpooe not authorized by licenae.
D , Waste of water,
S,s;tion 188 Title 12, Chapter IA, Section 4 • METER REQUIREMENTS, Enilewoocl
Municipal Code 1985, is hereby amended as followa:
A. Ownen or property with connectiona for reaidential u.ae havin11 taps one inch (I") in
diameter or larger, or fur commercial uae or any kind reprd]eaa of sm or taps or
aervice, or for residential uae on premiata with wadin11 poola or other conlainan,
whether permanently inatalled or not, with a capacity of two thousand (2,000)
iallona or more which are filled from City supply, will be required to inatall water
meters.
All ownen of property havin1 unmetered water aervice shall be n,quired to inatall
approved water meten within ninety (90) days after the aale or tranafer of the
property or change in property use from residential to commercial or industrial,
Whenever a :aeter ia to be installed , it ahall be aupplit-d by the Eagin ee, l:Jalitiea
9ep-eal CITY at the owner's coat.
The rates for metered aervice shall be fixed by reaolution or the City Couocil;
provided, however, that one bill, for all water uaed, compooed or the eum of
minimum chariea for each meter uaed and a sinpe quantitative charie for all
water used, may be iNued in tha Collowiq caaea:
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1. When water oorviao ia tak111 tbrouch a combination of metera, or tbro~
metera on two (2) or more service pipes, if water serviced throus), each of auch
maten and service pipe1 ■hall be delivered and used on the aame property
holctinc in the prosecution of one pnerel purpooe , or a single enterprile on 111
intesrated holdin1 of land, undivided by public streets, roads or alltys;,µd
2. For all public schools , even though the meters may be ,1it•1ated on separate
propertiea.
B. In any cue, when the Qi,,,_ or IJli!Miea CITY deems it to be in the beat interest
of Iha City and water conaumen, saili Qi,e..., THE CITY may require any
acheduled Oat rate user to take bi.I or her water throu1h a meter at the ratea set by
Iha City Council. Whenever a met.er ia to be used, it shall be supplied by the W.....
iMioiea CITY. All met.en fur new accounte ehall be supplied at the coot of the
ueer.
C. All met.en inltalled ■hall be the same size aa the size of the service pipe, except in
inotanceo where premilM have been vacated by a user that required a larpr
service pipe to aupply i.te dema.nda than that required by the new user. In ouch
cases, the meter me may be reduced appropriately.
0 . All conaumen' .,,at.er meten shall be serviced and maintained by the We!Of
iMioiea CITY, and the coat thereof ohall be paid by the City, except that in the
cue of malicioue damap, the coat of the npair shall be paid by the owner of the
meter.
E. All met.en aball be oet or reaet according to City atandarda in a proper watertight
and froetproof pit within Iha limits of a public atreet or alley or inaida a building
located on Iha property to be served. In eve,y cue the meter shall be located:
I. So aa to allow free and nonhazardous acceaa for readin1, removal, inapeetion
and ,eplacementa.
2. When located inaide a building, the meter ahali l.., set so that the entire supply
of water to the premi8ea will be controlled by it at all times and ahall have
valvee on both aides of the meter.
3. When the rulee and resulationa of the ll<aler Qi ieie• CITY require meterin1
and more than one service line ia in use on a Oat rate baaia, each ouch service
muat be metered and separately connected to the main concurrently with the
meter inltallation at the customer's expense .
Section 1§9 Title 12, ChaptA!r IA, Section 5 -TURNING ON OF WATER , Englewood
Municipal Code 1985, ia hereby amended u follow ■:
The w.,1e, Qi ilia• CITY will turn watA!r on at any premiaes lawfully entitled to be aerved,
upon requut. Except upon wr.\tten order of the 9ineter e{lJlili.Maa CITY, no one other
t!lan a duly authorized employ,,. of the ll'eler Qi ieie• CIT\' under any condition 01·
circum1tancc1 ■hall turn on water for uae in any premiaea when the water 1hall have been
turned olrby the We1er lli ieiea CITY ,,. at its ordar; provided, however, that a licenaed
plumber may tum on water to the minimum extent necesaary for the purpooe of te1tin1 hie
work, aftAor which the aame •hall be turned off.,.._, The City shall not be liable for &Jl:'
79
dama .. , re1ultin1 in the turnin1 on oCthe water either by City employ-or a licenaed
plumber.
Section 170. Title 12, Chapter IA, Section 6 • SPRINKLING PRMLEOES, ParaP'llph B,
Englewood Municipal Code 1985, ia hereby amended u Collow1 :
B. While it is the purpose of the City to maintain a water supply adequate to meet all
needs of the inhabitants of the City, including irri11ation without reatrictiona , there
are many elements which make it uncertain whether the supply can alway• be
adequate for all , and therefore , in times or extreme 1horta19 or operation
difficulties , water service for irrigation shall be curtailed by ouch reatrictiona u are
deemed necesaary by the City Council in the case of 1hortece, or by the ~
~ CITY MANAGER OR DESIONEE in the cue of operation difllcultiu, or
emergencies .
Sectjop 171 Title 12, Chapter IA, Section 7 • UNAUTHORIZED USE , WASTE OF
WATER , Englewood Municipal Code 191!5 , ia hereby lilllended u Collowa:
A. Unauthorized Use . Any unauthorized use of water supplied by the City 1ball be
paid for at the same rate u if the 1ame had been euthorized, together with the coot
incurred by the maier 9i ioie11 CITY ii, cliacovering and eliminatin1 the
unauthoriud use . Such payment sball not in any way afl'ect any liability or penalty
which may be imposed for ouch unauthorized uae .
B. Waste . Water sball be uaed only for beneficial purpoee1 and 1hall never be wuted.
Water ahall not be left running to keep pipeo from freezing . Watlr for irri1ation of
lawns sball only be used during the houn and in the manner 1pecified by the
9ireeler af l,lliliae1 CITY MANAG1£R OR DESIONEE . No 1pray or 1prinklar lhall
be placed in a position to throw water on a public walk , driveway , ltnet or alley
while irrigating a<ljacent areas, except inaoCar as may be ablolutely neceuary.
Sactlop 172 Title 12, Chapter IA. Section 8 · DAMAGE TO FIXTURES,
RESPONSIBILITY , Englewood Municipal Code 1985, ia hereby amended as foll owa:
Mei'8er the Vilak!r Dtwliaa aer .. The City, in any c.-;parity, ahall NOT be respon1ible or
liable £or damages to privately owned piping or fixtures aerved by or connected to the water
system , whether located in or upon public or private property , nor for damage to any
person whomsoever or property whatsoever resulting from the exiltence, UIS, arrancement
of or accident to such wa te r system; except, however, under the following conditions :
A. The City, ~011gl,, iM mater Qi ;eion aml a, i'9 opMon anll.. ew,eetei shall repair,
replace, lower or thaw bouse service lines or any of the above within the public
right of way , and under the following conditions :
I. A leak exists or occun in that section of the licen ... 's 1ervice within the public
right oCway , i.e., between the curb stop and tbe 1upply main.
2. The service line within the public right of way ehall freeze or Cail u a reou.lt of
freezing.
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B. 11 Should the W.ler DU1i1a Ol')'Y determine that th, licensee or the COZlllllllff, ,~
11rvice line in the public n,ht of way mlllt be lowend becauae of exp01un to
damaae &om freezinc, the lioen111 or consumer shall take neceoeary precautio111 to
either:
I. Lower the service line from curb atop to the premiaea served, or
2. Take whatever precautions would be neceeaary to avoid eervice line failun
between curb atop and the licensed premiaea by means approved by the W....
9wioiettCl'rY.
C. Should the licensee or consumer fail or refuse to take such neceaaary precautiona to
avoid failure of the service line from curb atop to the licensed premise,, then
eeilhep.the City --. ll<aler 9i illisa shall NOT be held liable or accountable for
damages because or on account of such failure .
D. In the event that the licensee or consumer desires or shall desire to lower the
service line &om the licensed premises to the curb atop, the nra-.,, Qi itiea CITY
shall aJao lower the aervioe line from curb atop lo the supply main in order to avoid
failure of said line in the public right of way . The W-a'8r Di illiea CITY may take
such other or different action to provide that the service line in the public richt of
way shall not fail ae a result of the lowering of the eervioe line from the licensed
premises to the curb atop .
E. In the event that the Walsr Di illisa CITY is reque1ted lo and doee thaw or
otharwiee provide related services for a frozen or cold•dlll:laged residential ee, vice
line that is not in the public richt of way but is 011& licenaee'a private pr' ,pert ·, the
licenaee shall pay a fee to the 11Va'8r Di illiea CITY amountinc lo the fa,r ma, tet
value of the serrices provided for thawing or other aid in restoring NrVice to 1 be
property, but in no event less than one hundred dollars ($100.00). This fee shi,U not
be imposed if the licensee 's request for thawing or other services is his or her ~nt
such request and if the licensee has followed any and all previous recommende,i
precautione from the "'•"'• Di illisa CITY reaarding the location of the lines BL•d
the risk of freezing.
In any event, lhe JUa'8r Di, illien ..,,1 the City are IS not obligated lo perform such
service■ nor to provide any protection from leaks or freezing on the licensee's
property, which is solely the responsibility of the licensee .
$tctjog 171. Title 12, Chapter IA , Section 9 • RIGHT TO SHUT OFF WATER FOR
REPAIRS:
The Vi'-a~1. Di •sio11 CITY reserves the ri1ht at any time, but after reasonable notice to all
concerned , to shut off the water in its maina for the purpose of making repaira , extenaioo or
for other useful or necessary purposes. In case of emersency, reasonable notice ig '-''»ived.
No water ueer shall be entitled to any damages or to have any portion of paymon, refunded
for any stoppage of water supply, however the same may be occaaioned. All persons having
boilers or other appliances on their premises, depending on presaure of water in pipes, or
upon a continual supply of water, shall provide at their own expense suitable safety
appliances lo protect their property in case of stoppBRe of water aupply or loss or pressure.
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5tc;tlpp 17◄ Title 12, Chapter IA, Section 11 • INSPEal'ION; ACCESS TO PREMISES,
Enrlowood Municipal Code 1985, i1 hereby amended as followa :
For inspection and meter readin1 purpoaee, duly authorized employees of the W....
Di¥iaieft. CITY shall be allowed free acceaa at all reasonable houre to any buildinr or
premises where water ia uaed . All such employees shall carry a City identification card
aimed by the City Mana1er and shall display the same upon request to the occupant of any
premise• to which acceas ia 10u1ht. The customer's system shall be open for in■poction at
all reaaonable timet to authorized representativeo of the~ CITY to determine
whether cro■a •connections or other structural or 88nitary hazards, includinll' violations of
these reru)ations, exist. When eucb a condition become s known , tho~ CITY may
deny or immediately discontinue aervice to the premises by providinc for a phY1ical break
in the aervice line until the customer has corrected the condition(s) in conformance with
State and City 1tatute1 relatinr to plumbing and water supplies and the reru)ation■
adopted pureuant thereto.
Sectjgn 170, Title 12, Chapter IA, Section 12 • CROSS-CONNEal'ION CONTROL,
Parall'f&ph H, Englewood Municipal Code 1985, ia hereby amended as follows:
H. Protective Device Requirements (Bacldlow and Croaa-Connectiona); General Poli!')'.
The~ CITY shall be responsible for the protection of the public potable
water dietribution system from contaminants or pollutante throu1h the water
service connection, if, in the jud&'ment of the ~ CITY, an approved bacldlow
prevention device is requirea (at the customer'■ water aervice connection, or within
the cuawmer'a private water syetem) for the safety of the water system. The
Dil, .. er er hie ••■19aMul aeent CITV shall give notice in writing to said customer
to install such approved bacldlow prevention device(s) at specific location(a) as
elated in euboection 12·1A·l2C:
I. In the case of any premises where there ia an auxiliary water supply as stated
in Section 12· l • l and it is not subject to any of the following rules, the public
water aupply system shall be protected by an appro-.d air-pp separation or an
approved reduced pressure principle bacldlow prevention device.
2. In the case of any premises where there is water or subatance that would be
objectionable but not hazardous to health, if introduced into the public water
1y1tem, the public water system shall be protected by an approved double cl,eck
valve aaaembly after approval of the City .
a. In the case of any premises where there is any material danll'froUB to health
which is handled in such a fashion as to create an actual or potential hazatd to
the public water system, the public water system shall be protected by an
approved air-gap separation or an approved reduced preeaure principle
bacldlow prevention device. Example■ of premise• where these conditions will
exi1t include sewage treatment plant.I, sewage pumping stations, chemical
manufac:turinc plants, hoopitals , mortuaries and plating plant&. Additional
reference s ubsection 12-IA-12C.
4. In the cue of any premilee where there are "uncontrolled" croH--connectionS,
either actual or potential, the public water system ■hall be protected by an
approved air-gap separation or an approved reduced pressure principle
backflow prevention device at the eervice connection .
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6. In the caso of any premiae■ where, beca111e of aecurity l'.1lquiremenll or otbar
prohibition■ or re~trlction■, it LI impouible or imprectical to mab a complete
in-plant Cl'OOI-COl!llection aurvey, the public water ayatem shall be protected
asainat bac:kllow or back-aiphonap from the premiaea by the inatallation ek
h1eWl1'1 p,e e&tio11 de ,iee HI ihe aeMee liae. 111 ~ we, ■HHll
p,ehetieB • W he ,equi:Petl, Iha, ii, an approved air•gap separation or an
approved reduced preaaure principle backfiow prevention device ohall be
installed in each service to the premi.les.
Sectjop 178. TiUe 12, Chapter IA, Section 12 · CROSS-CONNECTION CONTROL,
Paresraph J, Enslewood Municipal Code 1985, ia hereby amended aa follows:
J. It shall be the duty of the customer-user at any premises where a bactnow davice
LI required to notify the City upon installation to have a certified teat and
inspection before potable water ia \lied and have aaid device teated annually from
that point. In thole inatancea where the~ CITY deems 4he TIIERE TO BE
A hazard, IT le he "'"' eaa •rh, he will require a certified inspection$ and 'iJ..ta tD
be performed at more frequent intervals . The charp for teat and certification will
be baaed on the ai2e of the device(a) and location(a) of installation.
Section 177. TiUe 12, Chapter IA, Section 12 • CROSS-CONNECTION CONTROL,
Paresraph L, Englewood Municipal Code 1985, ia hereby amended aa follows:
L. Violations and Penalties (Backnow and Croaa-Connection).
I. The lliPeelet, CITY will notify the owner, or authorized apnt of the owner, of
the building or premiae in which there ia found violations of the1e reculations.
The lliPeelef CITY MANAGER OR DESIGNEE shall aet a specific time fi>r the
owner to have the violation removed or corrected . If the owner faila tD cor.rect
the violations in the specified time, the ~!TY-MANAGER OR
DESIGNEE may, ifin his/her judgment an imminent health hazard exiata,
terminate the water service to the building or premi.le. Additional fines or
penalties may alao be aueaaed following termination of 1ervice.
2. All coats incurred by the City, State, contractor, or any authori2ed company,
shall be at the owner's expense when a backflow or cross-connection involve■
contamination of any potable water system .
3. The owner or authorized agent of the owner responsible for the maintenance of
the plumbing ayatem in the building who knowingly permits a violation to
remain uncorrected after the specified time set by the PifeeleP CITY, ahall,
upon conviction thereof by the court, be required to pay a fine ofnot more than
one thousand dollan ($1,000.00) PER DAY or by impriaonment in jail for a
period of time not to exceed one year FOR EACH DAY OF VIOLATION or both
such fine and imprisonment.
Scctjgp 178 TiUe 12, Chapter IB, Section I· PERMIT AND NOTICE REQUIRED,
Englewood Municipal Code 1985, LI hereby amended aa followa:
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A. Permit. Except u herein otherwile 1pecific:ally authorized, it shall be unlawful for
any penon to make any phyaical connection to any of Ill• pipe■ or facilitiea of the
City water system, or to any privately ownrd or publicly owned extenaiona thereo(
without lint makins application therefor. Such application ,hall be in writins and
shall be filed with the 1"aler Iii, iliea CITY by the owner of the property to be
■erved or his authorized asent. Such application shall contain a full description of
the premi111 to be ■erved and the fixtures to be supplied. A permit for the work will
be granted upon the condition that all rule, and specifications respecting
connections shall be fully observed.
B. Notice. Any penon about to install a service pipe shall give notice at the ellite-el
the Water Iii Oaiaa CITY fixing the day on which he wiahes the City main to be
tapped. Such notice shall be given twenty four (24) WORKING hour■ before the tap
ia to be made. The corporation valve inserted in the distribution main and the
service pipe to be laid must be of the size specified in the perm.it.
Sm;tjop 179 Title 12, Chapter 1B, Section 3 • WATER MAINS, Paragraph B, Englewood
Municipal Code 1985, i.a hereby amended as follows :
B. Extension Of Di.atribution Mains: When it i.a requested in writing to extend a
distribution main in order to serve a reapolllible applicant or applicants whoae
property i.a located within the City, the City will make such extensiDn at its own
expense aubject to recovery . In the cue ofnew subdivi.aiDns or revi.aed plattinp,
the applicant shall submit to the lli'■ler £>i, ieio11 CITY three (3) approved prints of
the area involved upon which shall be shown the lot and block numben and the
house numbers. All water mains shall be located within dedicated public rights of
way or acceptable recorded easements.
Section 180 Title 12, Chapter 1B, Section 3 • WATER MAINS , Englewood Municipal
Code 1985, i.a hereby amended a■ follows:
C. Asaessment For Water Mains: Upon the application of a property owner for a
permit to connect to a City main, the owner shall pay to the Waler Iii 01is11 CITY
such sum as may be fixed from time to time by resolution of the City Council. The
above assessment covers the property owner's ahare of the cost of the main, and i.a
in addition to the connection charses as set forth in Article D of this Chapter.
Sectjop 181 Title 12, Chapter 1B, Section 4 • SERVICE PIPE SPECiFICATIONS,
Paragraph A.6, Englewood Municipal Code 1985, i.a hereby amended as follows:
A. Specifications Of Service Pipe: Each service pipt must be of the following
specificatioOB :
6. Other materials may be used only upon the expreBB approval of the City -~
er Qiteeter af U~l1ee.
Sactlop 182, Title 12, Chapter 1B, ~• ,tion 5 • MATERIALS PURCHASED FROM CITY,
Eng)ewood Municipal Code 1985, •• horc by amended as follows:
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In the caae of permanent connection■ to the maine of the City water system, the applicant
,hall purchue from the ma,er Qi iaian CITY the following material&:
A. The r.orporation stop by which connection ia made to the main.
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B. Water meter when req:rired.
Section 183, Title 12, Chapter lB, Section 7 · NUMBER OF USERS ON SERVICE
RESTRICTED, Englewood Municipal Code 1985, ia hereby amended as follows :
A. More Than One Premises To A Service Connection Prohibited: Each premises or
property or building situated on a premises or prop ~rty in a ma ,i~er ,;vhi,·~ would
allow the premise■ or property to be subdivided and the buildingt ,.,.,; .. ;,ar,.:ely
shall be served by a separate service connection directly to the m@in without
crosr,ing the other adjoining premises or property and with sepBJ: de curb stop ■
involVU1g only one account when water is turned on or s}p1t off. E~-ienaion of aervice
to 8ll<lthar premiaes or building from an existin& service conner · ,n ia prohibited
and shall be subject to ahutoff without the City being lish•e fo. ·y damap,
Exceptions to thia requirement may be granted by the .i-...,, ~~ CITY
MANAGER OR DESIGNEE with the concurrence of the V,at,:. and Sewer Board
upon a review of a written request of the property owne,·, in which the property
owner illustrate• with both written and graphic deacriptions, why the exception
ahould be granted. Exiating premiaea, properties or buildings which do not conform
to thia requirement may mllintain their service connection configurationa unleu
and until such time, in the opinion of the DiPeeler af \Uililiee CITY MANAGER OR
DESIGNEE with the concurrence of the Water and Sewer Board, the service m, .;t
be separated.
B. Two Or More Uaers On Same Servi ,e Line: In case two (2) or more usera are
supplied from the same service line, if any of the parties fail to pay the water
chargea when due, r.r to comply with-any rule of the ll'o1er Qi ieien CITY, the
11;'.oler Di ieiea CIT Y reaervee the right to....., SHUT off the water &om TO the
whole service until such charges are paid, or the rules strictly complied with, and it
ia expresaly stipulsted that no claim for damage or otherwise may be made against
the City by any user whose water charges have been paid or who has complied with
the rules of the lUale, Qi ieien CITY, because of auch turnoff, it being expre11ly
stipulsted that the necea.'lity for such-« SP.UT OFF shall be deemed to be the
joint act of ill served through such eervice.
Section UH, Title 12, (:haptel' 18, Section 8 -TEMPORARY CONNECTIONS, Englewood
Municipal Code 1986, u; hereby amended as followa:
Temporary connections to the water syatem for special purposes will be granted in proper
ta1e1 upon application. Licenaes for water for building purposes will be iaaued only upen
the aubmiuion to the 11ta1er Qi,ieion CITY of the plana and apecifications of the work to be
done for which water will be required, from which the charges to be made will be
computed ; and in all cues payment in advance for the water shall be a condition precedent
to the i11uance of a permit for an attachment to the water system for use under such
license . When the use of water for construction purposes has terminated . the contractor
,hall notify the \Hater 9i Wan CITY . The U<a~r Di tiaieft CITY will then turn the water
IS
off, and leave the water turned off until a licenae for th• use of wat er bu been obt&ined by
the owner or occupant.
Section 1811 Title 12, Chapter 18, Section 9 • STREET CUTS , ~nglewood Municipal Code
1986, is hereby amended aa follows:
Any licensed plumber who ahall make a cut or excavation in a street for the pllr)lOle of
irutalling a •.• vice pipe shall lint obtain a permit from the 9ifeNr of Pwhlie ',1tarl,o CITY
and shall pay the chargea established by Section J l-3C-3 of this Code to cover replacement
of the pavement or other surfacing.
Section 186. Title 12, Chapter 18, Section JO· CONNECTIONS TO FIRE 1-11 . 11,•\NTS,
Englewood Municipal Code 1986, is hereby amended as follows :
No connection ahall be made to any fire hydrant except by an employee of t h• City fo r
Municipal purposes. The Di! .. ••••••nlaliuee CITY MANAGER or ltiallteP dc•!r.n.,. may
authorize exceptions when neceaaary to meet emergenciea .
Section 187. Title 12, Chapter 1B, Section 12 • INSPECTION OF WORK. Engl•wood
Municipal Code 1985, is hereby am•ded as follows :
Upon completion of the :vork ofirutalletion. the water shaJJ. he turned off and lei\ off until
turned on by the Yitater Di ieien CITY or upon its written order . Water will not be turned
on to any premises, except for construction purposes, unleBB and until the plumbin& shall
have been completed and passed by the BllillHltg lnapeNr aflhe City for plumbing~
'8e IBB,ee'8r aft.he WaMr Qi ieion and until payment of the proper charges shall have
been made at the oliee of Ute lUaMr Qi iaie11 CITY.
Section 188 Title 12, Chapter JC, Section 3 • TAPPING OF MAINS NC I· OWNED BY
CITY, Englewood Municipal Code 1985, is hereby au,ended a■ follows:
Wheo application shall be m&de for connection to mairu or facilities not owned or
controlled by the City, and through which water is being 1upplied by the City, per ctlt for
said connection will be granted only in those cases in which the ll!aler Di ieiea CI'l'Y shall
have been duly authorized in writing to grant auch permit by the owner in control of such
main or facilities .
Section 189 Title 12. Chapter JC , Title6 • CONSUMER METERS, Eng·ewoodMunicipal
Code 1985. is hereby amended as follows :
Consumer m!ters read by employees of the 'llaM!• Qi ai.eiea CITY in connection with service
render•d under the meter rate schedule shall be aupplied by the City at the coat of the
user, and serviced and maintained by and at the tost of the City, within the a.ipulations as
specified for uaers within the City.
Section 190. Title 12, Chapter ID, Section 3 · REFUND OF CHARGES, Englewood
Municipal Code 1985. is hereby amended as fellows:
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Refunds of och.eduied chUi9s will be ma4e for aey portion of a property which ahall ba'9
been vacant, provided auch vacancy shall have been NpOnH to the \llallf g; iliN CITY
in writing and the vacancy inspection shall have been made. Refunds shall date from
receipt of notice. Refund, abaU also be allowed in CUN whore 1trvices are lllrned off bJ the
W•"'• 9i <ilioa CITY and proper charge for such turn-off abaU ha,,. been paid. No cndit or
refund shall he pven for excesaive consumption or u11 of watar due to broken 1trvlco llnea
or leaking fixtures beyond the meter when a meter i1 requind.
In the event a: exce ssive consumption caused by underground service line ■ broken beyond
the meter, up to a fifty percent (60%) credit for loss of water over normal consumption
recorded for 1imilar prior periods will be pven if a plumber ia under a contract to make
repairs within seventy-two (72) hours after diacovery of such hreal<.
St!;tjpp 191. Title 12, Chapter ID, Section 6 • ADMINISTRATIVE REVIEW AND
APPEAI.S, Englewood Municipal Code 1985, ia hereby amended u followo:
A. Whenever an owner diaputel the amount of the chal'pl marle purauant to tbia
Cbap~,r. or disputes any other determination mad,, by or on bebalf of the City
purswmt to tbia Chapter, that peraon may petition the 9ire ... , of l;lililie1 CITY
MANAGER OR DESIGNEE for a bearing to correct or modify 1ucb charge or
determination no later than thirty (30) days aft.er having b<aa biJJ ,d for such
charge or aft.er having been notified of ouch determination.
8 . Upon receipt of such petition, the~ CITY MANAGER OR DESIGNEE 1ball ,
within thirty (30) days and upon due notice to the petitioner, hold a bearing nn the
petition, taking such information or evidence ae may be material. The~
CITY MANAGER OR DESIGNEE shall render wlheP A dooiaion, in writing,
within ten (10) days. 'Rte 9H'eeter afUli:litiea JH5r ea1Hlwet 9kleh 11 he11iB1
ai:meeWlae,uel:f or, •* hieJeer eele tlteeHMaa. may tieai1B4t.e a 8e111Hlf elieer •••
Hllosrilj !o hale sweh 8181 in11,
C. When it is claimed that the true intent or meanini: of the Code bu been
misconstrued or wronr]y interpre~ by the Direel8Hf ~ITY
MANAGER OR hielher-<leaignee , -· owner anr..eved thereby may ,ppeal 4irem
,he deeieiea eftihe Di.reeier a{lJtititi.ee er~ to the En&lewood Wat.er
and Sewer Board. Said appeal must be brought within thirty-five (35) da,ya from
the date the decision ia rendered.
D. If an appeal ia timely filed , thu Water and Sewer Board shall review the deciaion ef
lhe 9ireeler of Ylilili11 sr hie/her dOBiCBee in a bnaring which aball be held within
seventy-five (75) days from th~ date the appeal was filed with the Board. The Board
shall render a final decision thereupon within thirty-five (35) days.
E. ln cons idering such a ppeals, the Water and Sewer Board shall have the powers
granted to the 9ireelsr sf \JlilHies C'ITY MANAGER OR DESIC NEE under the
tbia Municipal Code. Appeal hearinga before the Water and Se" · Board abaU be
quasi-judicial in nature and shall be governed by the procedures, ,·Section 1-10.2
of this Code .
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F. All deciaioDI of th e Water and Sewer Board on an appeal 1ha.ll be final and bindlq
unleea appealed t.o the Dietrict Court within thirty (30) day, from the date of the
Water and Sewer Board'• deciioion.
G. A reasonable, uniform fee t.o defray the expenm of the hearinp may be charpd by
the Water and Sewer Board if the Board upholda the 9it•-•• er hi&41 ..
~ CITY'S decision ; provided that provision ,ha.II be made for the waiver o{
the payment in a.II in■tance1 of proven indigence . Such fees ,ha.II be Ht by the City
Council by re10lution .
Scctlop 191. Title 12, Chapter 2, Section 1 • GENERAL PROVISIONS , Paracraph B,
Englewood Municipal Code 1985, ia hereby amended ao foUowc:
B. Strict Liabili ty: The Englewood City Council recognizing the threata upon the frail
ecology and exp resaing great concern for ita protection, declare, that merel,Y doing
any act prohibited by thio Chapter and orders of the~ CITY, iuued under
the proviaiona of thio Chapter or failing t.o perform any act required by thio
Chapter or said ordera of the~ CITY violatee tbio Chapter. The violat.or'1
intention is not a defense t.o any violation of thio Chapter or eald order of the
DitoeeleP CITY, but intention may be conaidered as a matter in agcravation or
mitigation.
Section 198. Title 12, Chapter 2, Section 1 • GENERAL PROVISIONS, Paracraph D
(Detinitiona/AbbreviatioDI), Englewood Mundpal Code 1985, is hereby amended as
foUowe:
The following definition/abbreviation o;,lv ia changed t.o read as foUowa :
Significant lnduatrial Uoer: Any categorical user or induatrial uaer of the City'•
waetewater treatment ayatem whoae proceaa flow a) exceedo twenty-five thousand (25 ,000)
ga.lloDI per day, (excluding aanitnry, noncontnct cooling and boiler blowdown waatewater)
orb) exceed> '.ive peroent (5%) of the daily average dry weather hydraulic or orpnic
capacity of the treatment oyatem , (c) is aubjeet t.o a aurcliarge for exceuive BOD, COD
and/or TSS aa provided for in thio Cbap~•r , d) bae t.oxic material in ite waate 1tream in
t.oxic amounte aa defined in atenda.-da u.,ued under section 307(a) of the Act, or 3) is
determined by the~ CITY, the Metro Diatrict, the Colol'ado Department of PUBIJC
Health AND ENVIRONMENT or the U.S . Environmental Protection Ace""J t.o have
significant impact, either singly or in combination with other contributing innuatriea, on
the treatment worn auch that the qwility of the emuent, or sludges, from the treatment
worb deviatea from the requirementa aet forth in the NPDES permit isaued t.o tha City, or
the Metro District, or auch that interference with the treatment proceu or facilitiea would
reault.
Section 194 Title 12 , Chapter 2, Section 2 • GENF,RAL REGULATIONS, Englewood
Municipal Code 1986, is hereby amended aa foUowa :
A. Supervision:
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1. Tb& gu,n,r 1f l:ltil 'ti11 CITY ahall be reaponaibla £or the manqement oltbe
wutewater collection l)'lt.tm Ml'Ved by the City and all of the property
pertaimnl thereto. Ntlol,e 'lllE CITY 1hall ,ee that such system ii kept
properly cleaned and in good worltin1 order and repair. Heleile THE CITY
aball enaure proper compliance with all local , State and Federal ordinancee,
statutes, law,, and ngulationa for collection of wastewater and shall perform
all other dutiH in c:onuction with 1uch 1y1tem a• may be required .
2. The l)ifee'8r 1l lNu1e ater 'P,11•1111, (l)U'T) CITY shall be roaponsible for
the manapment of the Bi-City wutewater treatment plan and all of the
property pertainin1 the,-a to . Heltl!e THE CITY shall see that auch system ii
kept properly cleaned an,\ in good working order and repair. He/ehe THE CITY
aball enaure proper c:omplli,nce with all iocal , State and Federal regulationa for
treatment and cliacharp of wutewater nnd shall perform all otlier duties in
connection with such ay1tem aa may be required.
3. The Df.ttee'8r af YIHiMee aetl DileeMr af maa1e 1'8r 'PfeaMBea, CITY may
adopt rule, and regulation, in t1,oi, THE respective areu of reaponaibility OF
UTILlTIES AND WASTEWATER TREATMENT, jointly or individually,
c:onailtent with the proviaiona of thia Chapter for the adminiltration of the
waatewater system. Rulea and rerulationa adopted aball pertain to, but aball
not be limited to, diacharp, limitationa , pretreatment requirement&, standards
for installation of wutawater line, and aervice1, 110d implemantation of
standarda promulpted punuant to the Act. In eatabliahinc 1uch rule, and
regulationa, they aball eatabliah 1tandard1 that will uaure aafe, efficient
operation of the wutewater 1y1tem, iv aatewater treatment proceaa or
equipment, that will not have an advene effect on the receivin1 water , or will
not otherwiae endanp:r penon1 or property, or con,titute a nuiaance.
4. The Difieeier af lJtili.811, Ille QiN1Nr ef W:uN• ater 'haabl.111• eli ~e
QiftNr efFi11M1eial Seril'iee11 CITY shall keep auch records and prepare SU,~,
reports concerning the waatewater utility aa the City Manapr directe . The
City Manager aball keep the City Council adviaed of the operationa , financial
conditiona and future neede of the llo,Mlmoal CITY and shall prepare and
submit to the City Council , at leaat annually, a report coverin1 the activities of
lhe llep-•Ble lITILITIES AND WASTEWATER TREATMENT, including a
statement of revenues and expenditure■ of the preceding year.
5. The 9itteeter af l:Jtililiee H4 tlle 9iree'8r aruea,, • ., a,e, 'PNaBen, CITY shall
have the power to formulate 11nd promulgate directives , regulatioDB , and orders
implementing and c:onailtent with the proviaiona of this Chapter. The violation
by the w;er of any auch ~.veS , regulation,, or orders can be enforced in
aoc:ordance with the provisions of Section 12-2-6 of thia Chapter.
6. If was tewatera containing any substance deocribed in the followin1 sections of
thia Code are diacharged or propoaed to be diacharpd in the waatewater
system of the City or to any tributary thereto . the ~ CITY may take any
action necessary to:
a . Prohibit the discharge of such wastewater;
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b. Require a diecharger to domorurtrate that in-plant modillcationa will
reduce or eliminate tho dacharge of auch 1ubstances 10 that tho
discharge does not exceed tho limit. sot in Section 12-2-7 heroin ;
c. Ensure pretreatment, including 1tora10 ftcilities or flow equalisation
necessary w reduce or eliminate the objectionable characteri1tica or
substances so that the discharge will not violate this Chapter;
d. Ensure that the person making, causing or allowing the diecharge pays
any additional coat or expense incurrsd by tho City treatment syatem;
or
e. Take such other or further remedial action as may be deemed to be
desirable or neceSBary to achieve the purpose of this Chapter.
7. Any actual or threatened discharge of wastewater containing substanceR
limited or prohibited by this Chapter into the waotewater treatment sntem of
the City which , by the determination of the 9iPeelar sHJIHilies or lhe ~
ef'!'ae~ a'8r 'PteaHlleM CITY present.a an imminent or substantial
endangerment to the health or welfare of persona or to the environment, or
which causes interference with the normal operation of the wastewater
treatment system, may be immeruately baited or eliminated by eit1,er-u,e
Dit'eeMr e(UblMiea er •e 9ifee'8r e£Vlta.a'8water 'Pl'eaBen, THE CITY. The
9ifeeur af ~iiea er •he 9iPee'8r efWee&ewaler Tteallllent: CITY may halt or
eliminate such diecbarges by means of any procedure or measure authorized by
this Chapter for enforcement of diecharge limitations and prohibitiona, or by
means of ph~sical dieconnection from the wastewater treatment oervice. Such
diecharge,, may be halted or eliminated without regard to the compliance of the
discharge with other proviaions of tbia Chapter. This action does not preclude
the~ CITY taking any further appropriate enforcement action provided
by this Chapter.
8. The~ CITY shall see that industrial users which discbarr~ to the Metro
District comply whh the more etringent diecharge limitations of either the
Metro District or~ THE CITY.
Section 1911 Title 12, Chapter 2, Section 2 · GENERAL REG ULATIONS, Paragraph B,
Subsection 4, Englewood Municipal Code 1985, is hereby amended as followe:
B. 4. Storm water, surface drainage, subsurface drainage, ground watar, water from
unroofed drains, roof run-off, cooling water or unpolluted water may be admitted
to specifically designated storm sewen hich lmve adequate capacity for the
accommodation of said waters. It shall be unlawfu.J for any person to connect to
and/or use sanitary aewen for the above purpose without having obtained the
written prior consent of the Qifeeler er Uali,~,.,. CITY.
Section 196. Title 12, Chapter 2, Section 2 • GENERAL REGULATIONS, P:iragraph C,
Subsection 1, Subparagraph k, Englewood Municipal Code 1985, is hereby amend.ed as
follows :
c. Specific Prohibitions:
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1. k. Any wastewater containinfl any radioacl;ive wa1te1 or iac\t.opq of ouch
half-life conoentration aa may exceed liillita Htrlbliahed by tho ~
CITY in compliance with applicable Sla"te Ruin and Ragulationa
Pertaininw to Radiol()lical Contra~ publiahed by the Colorado
Department of Health, State of Colorado.
Seetiop 197 Title 12, Chapter 2, Section 2 · GENERAL REGULATIONS, Paracraph C,
Suboection 1, Subparagraph q, Englewood Municipal Code 1985, is bereby amended aa
follows:
C. q. Waste• from septic tank pumpage or vmtlta except at locations
permitted by the Difiee'8r efmaa1e11 a&er 'lftMlllefi CITY.
Section 198. Title 12, Chapter 2, Section 2 · GENERAL REGULATIONS , Paragraph C,
Subsection 3, Encfewood Municipal Code 1985, is hereby amended aa follows:
C. 3. Any material or substance entering into the public sewer which interferes with
the treatment procesa even if it is within the ooncentration lim1tationa 1tated in
Section 12-2-7 may be prohibited upon written order by the Di1eo1e, CITY.
Stc;tjop 199 Title 12, Chapter 2, Section 2 • GENERAL REGULATIONS, Paragraph D,
Englewood Municipal Code 1985, ia hereby amended as follows:
D. Fedel"l'l Categorical Pretreatment Standard■: Upon the promulptiou oftbe
Federal Categorical Pretreatment Standard for a particular induatrial 1ubcate10ry,
the Federal Standard, if more stringent than limitations impooed herein for ooun:ee
in that subcategory, aball immediately supersede the limitations impooed herein.
The »;,e..., CITY ■ball notify all affected uaen of the applicable reporting
requirements.
Sc!;tiop 200 Title 12, Chapter 2, Section 2 · GENERAL REGULATIONS , Paragraph l,
Englewood Municiplll Code 1985, ia hereby amended aa followa :
I. Accidental Discharges . Each uaer s hall provide protection from accidental
discharge of prohibited materiala or other subatances regulated herein. Facilities
to prevent accidental discharge of prohibited materiala ■ball be provided and
maintained at the user's own coat and expense. In the case of an accidental
diacbarge, it is the responsibility of the user to immediately notify the »;,e...,
CITY and the PO'IW of the incident. If the diacbarge occurs to the portion of the
POTW which ultimately dia.:harges to the Metro treatment plant, Metro muat aloo
be notified immediately. The notification shall include location of discharge, type of
waate , concentntion, volUD1e , and corrective act:iona . Within five (5) day, following
an accidental discharge, the uaer sball ■ubmit to the~ CITY a detailed
written report deacribing the cauae of the discharge and the measures to be taken
by the uaer to prevent similar future oa:urrencea. Such notification shall not
relieve the user of any expense, 1088 , damage, or other liability which may be
incurred aa a result of damage to the POTW , fish killa, or any other damage to
persona or property, and such uaer sball be liable therefor, nor shall auch
notification relieve the uaer of y fines, civil penalties, or otber liability which
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may be impooed by thia Chapter or other applicable law. Failure to report
accidental cliachar1es may , in a ddition to any other nmedies, nault in tha
revocation of the diacha,wer's wa1tA!water diacha.'19 permit. If tha POTW ia lined
by tha Otate or Federal iQV8rnment tor violation of tha POTW'1 NPDES permit or
violation of Water Quality Standa:rda aa the result of a apill or intentional alur
discharge of a toxir pollutant, then the fine , including all P01W legal, 1ampli111,
analytical telling costs and any other related coata ahall be charged to the
reaponaible uaer.
Notice to Employees. A notice shall be permanently poat.ed on the uaer's bulletin
board or other prominent place advisine employees whom to call in the event of an
accidental di.achargu. Employera shall ensure that all employees who may obaerve,
cauae or suffer such an accidental discbargu to occur an advised of the emergency
notification procedure.
Section 201 Title 12, Chapter 2, Section 2 · GENERAL REGULATIONS , Paragraph L,
Englewood Mwucipal Code 1985, is hereby amended as follows :
L. Manhole Covers. No person shall open any aewer manhole without the permission
of the Im••• of \llililiea CITY .
Section 202. Title 12, Chapter 2, Section 2 · GENERAL REGULATIONS , Parasraph N,
Englewood Municipal Code 1985, is hereby amended aa follows :
N. ProbiMt.ed Connections. It is unlawful for any person, corporation, or other
bu1ineas entity, either in person or through an agent, employee, or contractor to
mai.e, allow or cauae to be made any connection to the POTW for the purpose of
servicing property outside the boundaries oft be POTW, except upon
recommendation of the Qifeeter ef Ualilied CITY and the approval of the City
Council.
Section 203. Title 12, Chapter 2, Section 2 • GENERAL REGULATIONS , Parqrapb 0,
Englewood Mwucipal Code 1985, is hereby amended aa follows:
0 . Private Waatewater Dispo11al.
I. Private Disposal.
a. Prior to commen cement or construction of a private wastewater diapoaal
system , the owner or bis agent shall first obtain written permiaaion
from the Tri-County Health Department for submission to the DifeeM,
eAllililieeCITY.
b. The application for the permit required by Section 12·2•5 shall be made
on a form furnished by the Tri-County Health Department which the
applicant ■ball supplement by any plans, apecifications and other
information as is deemed nece •"8ry by t he Tri-County Health
Department.
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c. The owne r or his arent ■ball operate and maintain the private
wutowaler di,poaa1 facilitie1 at hia oole Hli"ll68 and in compliance
with all Federal, Stall, and local lawo, rulet and reculadon.o.
d. No 1tallment contained in thia fJection ■hall i,., co n.otruad to interfen,
with any addidonal requiremeo.11 which mar be l ll\poaed by the Health
Department or 9we"'8r of Ulil~ THE CITY .
e. The type, capacity, location , and layout ol' ...a individual•--
diapoea) 171tem ahall roinply with all st andardl of the Tri-County
Health Department. No permit ,hall be issued for any individual
waatewallr diapoaal system employing aubsurface soil absorption
facilities where the area of the lot doea not meet the regulation■
imposed by the Health Department and in no event where the area of
the lot is lOBa than fifteen thousand (16 ,000) aquu .• feet.
(. The Tri-County Health Department shall be nllowecl to inspect the
work under this division at any stage of co111truction ; and, in any event.
the applicant for the permit shall notify the Tri-County Health
Department when the work is ready for final inopection and belilre any
underi;round portion& ue covered. The inapection ,ball be made within
forty-eight (48) houn of the notice by the Qi,eels• ef Uli!Mieo CITY,
excluaive of Saturdays, Sunday, end legal holidaya ..
2. Wutewater or Septic Tank Haulers. Waatewater or aeptic tank haulers shall
not discharge any wute within the corporate boundaries of the City except at
diacbarge pointa deoipated by the Di!.-CITY . All permitted diachargea
oball comply with the ter,ns of ,he septic hauler permit agreement. All
violators ue subject to the legal liabilities and penalties provided in thia
Chapter.
Section 29◄ Title 12. Chapter 2, Section 3 · FEES AND CHARGES, Paragraph A,
Englewood Municipal Code 1985, is hereby amended aa follows:
A. Purpoae. It is the purpoee of this Section to provide for the payment of all POTW
coata, including :Yliliiies 9e,a-ea, costa OF THE CITY &111I 9e,-• or
~ 'Preablle11, eeall . The total annual coat of operation and maintenance
shall include, but need not be limited to , labor, repairs , equipment replacement,
maintenance, neceuary modifications, power. sampling, laboratory teoting and a
reuonable contingency fund. The charge ■ will be baaed upon the quality and
quantity of user's wastewater, and also upon the Deplfteeal of tJ~ea u&
911,Htm11M efl~ae'8walefr ~a1me11, capital and operatinr costs to intercept.
treat. and diapoae JC wutewater. The applicable charges ahall be as aet forth
herein.
lactlon..&H. Title 12, Chapter 2, Section 3 · FEES AND CHARGES, Paragraph B,
Subsection 6, Englewood Municipal Code 198b, are hereby amended aa follows :
B. Genaral.
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6. Clwvu li>r aervlce to cuaiomen wide the City limito aball be billed in
quarter-annual inatallmente in advance. Clwvea for aewer only aervice
outaide the City may, at the diacretion of the Duie•• ef~aial &e.-i,i•■
CITY, be billed aMually where thia would not conflict with apecial proviaiona
of a connector'• agreement. AU bill■ are due and payeble a■ of the billin1 dale
and become delinquent thirty (SO) daya after the billing date.
Sgtlgn apa. Title 12, Chapter 2, Section S • FEES AND CHARGES , Paragraph C,
Subsection 4, Englewood Municipal Code 1985, ia hereby amended ae follows :
C. Special Caeea:
4. Other Ca,ea: Where the procedures above are not applicable, or when
application of aame would work an obvi nua and significant injustice to the
customer, a rate shall be esteblished by the~ CITY baaed on reaaoneble
e■timatea of projected flow.
~.7. Title 12, Chapter 2, Section 3 · FEES AND CHARGES, Para~raph D, lint
paragraph only, Englewood Municipal Code 1985, is hen,by amended as followa:
D. If any water or wastes are diJcharged, or are proposed to be diaclwved to the
public sewers, which waters contain the substances or poaseBB the characteriatics
enumerated in 1ubsection 12-2-2B abovo and, in the judgment of the~
Ytililiee CITY, may have a deleterious effect upon the aewage works, proce8MS ,
equipmeut or receiving waten, or which otherwise create a huard to life or
conatitute a public nuisance. the ~ CITY shall aleo charge the following fees
and take auch enforcement action in accordanc:,, with Section 12-2-6 of this Chapter
as the~ CITY deems advisable.
Section 208 Title 12, Chapter 2, Section 3 · FEES AND CHARGES) Parasrt?h E ,
Subsection 1, Subparagraph a., Englewood Municipal Code rn85 , is hereby amended u
follows :
E . Induetrial Cost Recovery (ICR):
I . a . Significant industrial users ■hall be monitored to determine strength
levels . Thia ■hall be accomplished accordin11 to a pretreatment p,_.,,,
eateblished hY tba llioeelsr el l,Jliililieo ed opp.., ell a, lho llioeeler el
Ula■ee" ager 'Pl'ea&Dc:B, CITY. The results of sampling and analyaia
will be recorded in the utilitiee office, reported to the affected induatry
and reported to regulatory agencies per this current directive .
Section 209. Ti tle 12, Chapter 2, Section 4 · PRIVATl;; SEWERS, CONNECTIONS !.ND
REPAIRS, Paragraph I!:, Englewood Municipal Cede 1985. is hereby amended 81 followa :
E. Installation and Maintenance . All coats and expenses incidental to the installation
and connection of the private sewer shall be home by the applicant who •hall
retain or employ a licensed sewer contractor or plumber to make connection tn and
install a sewer.
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The oervioe lino from the public ,ewer main line to the 1tructure to be ••rved ■ball
be inatalled by the property owner at bWbor expen■e . The owner ■hall bold the
City barmlesa for aoy loao or damage that m•y directly or indirectly be occa■ioned
by the in■tallation of tho 1ervioe line or the malfunction of any old private ■ewer.
The owner of aoy property connectinr to the PO'IW 1hall be reeponaible for the
maintenence of the ■ervice line from the public eewer to the 1tructure to be ■erved ,
The owner shall keep the service line for which be/she is n,1~onaiblo in good
condition aod •hall replace at bWber expense any portion■ thereof which, in the
opinion of the 9iPeeler efTJlilit,ies CITY , have become damaged or disintegrated as
to be unfit for further use, or is in such condition to permit infiltration into the
eystem, All repairs shall be completed within thirty (30) days after notification and
shall be completed by a bonded contractor. The owner shall be responsible for
returning the public right-of-way and the street to •cceptable City standards.
t"il?.ilmLilll. Title 12, Chapter 2, Section 4 -PRIVATE SEWERS, CONNECTIONS AND
i,f. PAIRS , Paregraph F, F.nglewood Municipal Code 1985 , is hereby amended as follows:
F, Oil and Grease lnteroeptor Installation:
I. Grease Interceptor ln■tallation Criteria : Grease trap interceptors are required
for all facilities used and operated regularly !or the sale of prepared food ,
including but not limited to restaurants, cafes, fast food outlets, pizza outlets,
delicatesaens, saodwich shops and any and all other kinds aod types of food
vending eatablishments in which any food preparation (including beating or
defroating in or by means of any kind of oven or beating device) takes place on
the premises, whether or not such facilities are located in a separate building ·
or structure or occupy space in a building or structure that is occu pied by other
bu■inesses, aa well as schools , churches, boarding houses with communal
kitchen facilities, nuraing homes, and day care centers which have kitchens
B.Dd engage in the preparation of food . In addition, meat cutting facilities and
ot \ ,ers capable of discharging significant amounts of grease into the PO'IW
shall be required to install grease interceptors. The exception shall be those
facilities granted a variance by the lli.reeler efTJlil;i;ee CITY with the approval
of the Water and Sewer Board . Grease interceptors shall not be required for
private residences or dweJJings unless there are commercial uses within the
dwellings that generate amounts of grease beyond that generated by a
reaidential dwelling.
2. Grease Interceptor Sizing Criteria: The lliPeeler sf\Jliliijeo CITY shall
promulgate rules , regulations and criteria for grease interceptor sizing.
3. Inspection of Grease Interceptors: The lliPeeler of Ulilieeo CITY shall
eotabliob an inspection program for ~a•e interceptors. The 9iPeeleHf
\Jlililiee CITY shall develop rules and regulations to inventory all grease
interceptors and document the inspections of these interceptors.
4 . Grease Interceptor Pumping Schedules: All usen oonnected to ttrease
interccpton will be required to pump out their interceptors at ?rvals
determined in rules, regulation• and criteria promulgated by tee I)iPeeler..of
\JlililieeCITY,
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6. BioloSical T?eatment: Biolosical treatment ■hall not be a ■ubotitute lbr the
PlllllPUlf of the ...... inten:eptor.
6. Emtin1 Soun:e■ Not Connected to Onta■e lntercepton: Erl■tinc IOU...I not
connected to CN!a■e inten:ertore and which contribute sisnificant amountl
■hall be identified throu1h in1pection of the collection ■ystem■. Once thne
10un:e1 are identified, they will be req~ to implement beet manacement
practice ■ (BMP's) to keep oil and 1t11•1t out of the POTW. The ili,e~
~ CITY ahall promulgate rules, regulation, and criteria for BMP's.
If the BMP's are not succeuful at the facility and the facility continuea to
contribute aipificant amountl of oil and gn,aae to the aartitary sewer, as
dOClllllented by field in1pections, then the facility will be required to install an
adequately sized gn,aae intercepoor.
7. Right of Entry: Whenever it is necessary u, make an inspection to enfon:e any
proviaiona of thil Section, or whenever the Qire..., ar h.wher •elilBH CITY
believe■ thet then, erlltl in any pn,mi.■e11ubject to tbia Section any condition
or violation with regard u, the use and maintenance of oil and 1t11a■e
interceptore, the 9ifeoler s( 'lllililie■ sr lli■ll,er ... i.,.ee CITY PERSONNEL
may enter such premise■ to inspect the same pro··•rled that he'ehe ahall Ml•
,-proper credentials BE PRESENTED and ., ,ueat and be granted entry,
or otherwise have grounda for a aearch warrant e1· ... ,. r,1:ion as may be autboru.ed
by law. If n,queated entry be ref'uaed, '1le lliloeeleH/ '.'-itti• er hie/1,er
....,... CITY shall have N!COl11'3e to every remedy i,rovided by law to ■ecure
entry, including an iaeuance of an administrative warrant from the Municipal
Court or from the District Court of the State of Colorado having juriadiction.
Sectlt.p 211. Title 12, Chapter 2, Section 4, • PRIVATE SEWERS, CONNECTIONS AND
REPAIRS, Paragraph G, Englewood Municipal Code 1986, is hereby amended as follows :
G. Permit Required: Before commencement of construction of a private sewage
dispoaal ■yatem, the owner 1hall first obtain a written permit signed by the
Qi,ucter oHlltlilieo CITY.
Sectjon 212. Title 12, Chapter 2, Section 4 -PRIVATE SEWERS, CONNECTIONS AND
REPAIRS, Paragraph H, Englewood Municipal Code 1985, is hereby amended ao follows :
H. Connection Requirement:
1. The applicant for the private ee wf:r permit shall notify the DiPeelOr ef Y~ee
CITY when the private oewer is ready for inspection and connection to the
public sewer. The applicant mlllit have secured a permit and have met all City
requirements. The connection shall be made under the supervilion of the
Qireet.er af T:J,i:l:iM:ea er ltieAter CITY'S representative.
2. The owner of any structure used for human occupancy, emplc;yment or activity,
aituate within tl\e City, may be requi:ted at such owner'o expenae to connect
ouch structur , u, a ,,:'blic oewer, if ■uch a public oewer is within four hundred
feet (400') of .he property line of the property upon which the 1tructure is
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located. Such connection shall be made within ninety (90) day1 after notice
&om the DiN<MP CITY ia eerved on the owner of the property at!ected;
provided. however, that in the eve; •. compliance with thia aubaection cauaes
seven, economic bardahip to said penon, Miehe may •pply to the City for
exemption &om thia 1uhlection. Such applic.atione shall state in detail the
circwn1tance1 which an, claimed to cause such economic bardahip. Such
exemptione shall o:uy be granted to residential uaen1, shall not apply to other
usen, and shall be •iranted only for such time u the demonetrated bardabip
exists.
Service shall be coneiderod complete upon delivery of the ootioa to the owner of
the property or by postins a copy of the ootice on the property in queetion in a
conepicuous place and by maiJin& a copy of such notice , registered mail, to the
record own.r of the propertJ, as diacloeed Ill d at the addreu shown in the
current rocorda of the Arapahoe County Aueuor.
3. U a public sewer ia not avoilablo within four h:mdred feet (400? of the property
line of the property upon which a houae or building ia located, a private Hwap
diapooal aystem constructed in acoordanoe with applicable rogulationa of the
Health Department sh.Ube utilized •..o dispose of sewage.
4. In caaea where a public aewer was not pmvioualy available within four hundred
feet (400? of the property line of a property but a public sewer later bocomet
available within such diatance, the owner may be required to connect with the
public sewer aa provided in su~ .. ection H2 above. In such event, after the
connection ia completed, th•, privau, sewage diaposal system shall be emptied,
cleaned and filled with sand or dirt.
5. It shall be unlawful for any penon to deposit or discharge, or to cause to be
depoaited or ciiacruu-..,d, to any wastewater collection facilities any solid or
liquid waate unleta through a connection approved by the City.
SectiPn 218 Title 12, Chapter 2, Section 5 • IND USTRIAL WASTEWATER DISCHARGE
PERMiTS, Englewood Mltl.iei;,al Code 1985, ia he!'eby amended aa follows :
12-2-5: INDUSTR!Al , WASTEWATER DISCHARGE PERMITS:
A. Wastewater Diacharger.
I. Then, shall be LO di&:harge of wa3tewater into the P01W, or in any area under
the juriadiction of said P01W, without a wastewater discharge permit (except
as au~ 1orized by !h e Difieeti8I' CITY in accordance with the provisions hereof).
2. Permit Isauance. The~ CITY shall iaaue a wastewater discharge permit
to the applicant ifhe liltila lhal all of the following conditions are met:
a . Application for permita shall be made upon written forms prepared by
the ~ CITY and shall contain, in addition to other items:
(1) Name and address of user .
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(2) Name and addreaa of corporate agents for service if the
applicant io a corporetion.
(3) Printed name, oignatures, date of birth, and pooition ofpenon
signinr the permit for the uaer.
(4) Not la!er than three (3) bu1ineas days , the user will D.otify the
Di-. CITY of the identity and addre88 of chanres in the
corporate agent for aervice for corporations .
(5) Not later than three (3) bu.aineaa days, uaera are required to
notify the lmeeleP-CITY of changes in the identity, address,
date of birth, and pooit.ion when the position of the uaer
aignatury to the permit i, changed, and not later than two (2)
weeks from such change the permit will be changed by an
addendum to re aect the new aignatory.
b. The propoaed new discharge is in complisnce with the prohibit.ion, and
limitation, of Sectiona 12-2-2 and 12-2-7 of this Chapter;
r.. The propoaed new di acharge would permit the normal and efficient
operation of the wastewater treatment system; and
d. The proposed new discharge would not result in a violation by the City
or the Metro District of the terms and condition, in its NPDES permit.
e . Existing discharges may be permitted providing Ibey meet all •
requirements of aubsectiona A2a , A2b, A2c and A2d of this Seetion, or
providing a compliance schedule be isaued for bringing the diacharge
into compliance with subsection, A2a, A2b , A2c and A2d of this Section.
3. Permit Denial and Appeal.
o. Failure of any applicant. to provide the .information required in this
aubaection A will result in the permit being denied.
b. In the event an application for a wastewater discharge permit is denied,
the 1mee1e, CITY shall notify the applicant in writing of such denial.
Such notification shall Jtate the groundl for denial with that decree of
specificity which will inform the applicant of the measures or actiona
which muat be taken by the applicant prior to issuance of a permit.
c. Upon receipt of notification of denial of a permit application, the
applicant may request and shall be granted a hearing to be held by the
lmeele, CITY. At aucb hearinv, the a11plicant shall have the burden of
eatablishiog that the condition.. set out in this Chapter have been met
and that a permit should be isaued. The bearing shall be held within
thirty (30) days of the a pplicant's request but may be continued upon a
showing of good cause to do so l,y either the City or the applicant.
d. Upon review of the evidence, II!' the »itoeN,, CITY, lle-eMIH,e ,;.all
mal.;e findings offact nnd iaaue an order directing that a wastewater
discharge permit be iaaued, or directing that such permit shall not be
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iaaued, or give such other or further orders and directives as an
nec:eaaary and appropriate.
B. Sewer Tap Permits.
I. A sewer tap permit for a aiusle-family, muiti-ramily, residential, and/or
commercial user 1hall remain in effect until terminated by the City.
2. All uaen propooing to connect to the waetewater system shall obtain a
conatruction permit be(ore connection to and/or diacharginr to the system.
Usen ahall complete and file with the ~Ylilitiet CITY an application
in tho form preacribed by the lliwtieM CITY and accompa uied by a foe aa aet
forth in Schedule B. In support or the application. the user l1 ball submit. in
units and terms appropriate for evaluation , the followin g infc;:mation:
n. Name, addreas , location of diacharre (if dift'erent fro,n the addreas).
b. SIC number according to the Standard Industrial Cln'lSification
Manual, Bureau of the Budget, 1972, aa amended.
c. Time(a) and duration of diacharre.
d. !:ite plana, floor plans, mechanical and plumbing 9lana and details to
ahow all sewers, connectiona, and appurteneaces by aize, location and
elevo.tion . If deemed neceaaary by the City, ,,uch plana shall provide for
separate ayatema for handling sanitary and industrial wastewater.
Nonreaidential buildinp may be required to have installed a sewer
sampling manhole for City acceu to its waatewnter being diaclwi!ed to
be installed per City engineering requirements .
e. De,criotion of activities, facili -., and plant proceaaea on the premiaea ,
iI ,,gall materials which are or could be discharged.
f. Each product produced by type, amount, and rate of production.
g. Number and type of employees and hours of work.
h. Any other information deemed by the 9if•eler sf Ylililiss CITY to be
necessary to evaluate the permit application.
C. Industrial Permits.
I. The ~ CITY shall require a significant industrial uaer to obtain an
industrial pe:-mit. Proposed new significant industrial uaen shall apply at leaat
ninety (90) days prior to connecting to or contributing to the PO'IW. Uaen shall
complete and file with the 9iroe'8f-CITY an application in the form prescribed
by the 9e~8"eaenl CITY •~d accompanied by a fee as may be required,
containing information, in addition to that required for a general permit, in
units and terms 11ppropriate for evaluation, as follows :
a. Waatewater Quantity and Quality. Quality characteristica include, but
are out limited to , those mentioned in Section 12-2-7 ofthia Chapter ae
determined by a relia ble analytical laboratory; sampling and analysi1
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■hall be performed in accordance with procedure■ e ■tablilhed by the
EPA punuaot to aection 304(11) of the Act and contained in 40 CFR,
part 136, a■ nmen~d.
b. Averap d■.ily aod thirty (30) minute peak wutl\water flow ratae,
inc:ludin11 daily , monthly and scaaonal variations, if aoy.
c. Where known, the quantity and specific noture of aoy pollutant■ in the
di,chup which are limited by aq pretreatment standards, and a
■tatement re11arding whether or not the r1etn,atment ■tandard■ are
bein11 met on a consistent basis, and, if not, whether additional
operation and maintenance and/or additiocal pretreatment is required
for the user to mee t applicable pretreatment standards .
d. Written daacription and diagram of exiBting pretreatment equipment, if
any, includin11, but not limited to, treatment prro.,ues, treatment tank
dimensions aod retention time, chemical supplies, ope,ating penonnel
aod certification, and plumbing diagram of treatment ay,ten,.
e. C<,mpliance Schedule . If additional pr >t roent and/or O & M will be
required to meet the pretreatment sl the schedule by which
the user will provide such additional~• , atment. The completion
date in this ■chedule shall not be later than the compliance date
established for the application pretreatment requirements. The
followin1 conditions shall apply to this schedule:
(I) The schedule ahall contain incremente of progrea■ in the form of
dates for the commencement and completion of major eventa
leadin1 to the construction and operation of additional
pntreatment required for the user to meet the applicable
pretreatment requirements .
(2) No increment referred to in subsection Cle shall exceed nine (9)
months .
f. Any other information dee med by the Dioee'8P CITY to be neces■ary to
evaluate the permit application .
2. Permit Modifications . Upon enactment of an NCPS and within the time
preacrib:,d thereby, the industrial permit of users subject to such ■tandard■
■hall be revised to require compliance therewith. Where a user, ■ubject to an
NCPS, baa not pn,viously submitted an application for a permit, the user ■hall
apply for a permit within thirty (30) days after notice of the enactment of the
applicable NCPS . The user with an exiBting wastewater discharp permit shall
■ubmit to the Dioee'8P CITY within thirty (30) days after such ~otice, the
information required pursuant to this subsection. The terms aod conditions of
the permit shall be subject to modification by the~ CITY during the
term of the permit aa limitation.a or requirements are modified or other juat
cauae exiBta as determined by the»-CITY . Any changes or new
conditions in the permit shall include a reasonable time achedde for
compliance, aa determined by the ~ CITY. In the event the ~
permit previously rranted shall be materially and substantially chansed u •
determined by the~ CITY, the person previously sranted such permit
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lhall malte • new application to tbe City, in the oame manner and fonn u
originally made.
3. Permit Condition,. Permita lhall be expreuly eubject to all proviaiona 1lf thia
Chapter and all other applicable reiUlationa, uaer charge■ and feea eatabliabed
by tbe City. Permita may contain, but are not limited to, the followin1:
a . The wut cha.,., or schedule of uaer charge, and fees for the waatewater
to be di ■charged to the eys\;Cm .
b. Limita on the averare and maximum mass and/or concentration of
waatewater constituent.a and characteristics.
c. Limits on averqe and maximum rate and time of discharae or
requirementa for flow regulations and equalizations.
d. Requirement, fer installation and maintenftDce of inspection and
sampling facilities .
e. Speci5cationa for monitorin1 programs which may include samplina
locations, frequency ofaamplina, number, typea and standard. for teata
and n,porting schedule.
f. Compliano, Schedules and Reportin1 Requirements. Not later tban
fourte on ( l4) days following each date in the schedule and the 6naJ date
for comp ll".nce, th• uaer shall submit a factual progn,ss report to tbe
~ ~ !TY including u a minimum, whether or not the user
compli ,_; •rith tbe inorement of progreas to be met on such date .
g. Requirements for submission of technical reports or discharge reports.
h . Requirements for maintaining •cd retaining plant records relatina to
wastewater discharge as specified by th• City and affording City acceaa
thereto.
i. Requirementa for notification of the City of any new introduction of
wastewater c:onatituenta or any substantial change in the volume or
character of tbe wastewater conatituents being introduced into the
wutewater treatment ayatem .
j . Daily averege and daily maximum d;;·.charge rates, or other appropriate
conditions , when substances subject to limitation and prohlbition are
ptop'lled or pretent in the uaer'a waatewater discharge .
k. /1.;,quirements for Notification of Slug Discharges. Evaluate, at least
on~ every two (2) yea.rs , whether each such significant industrial \lier
needs a plan to control slug discharges. A slug dischar.ie is any
non ~routine , episodic nature, including, but not limited to , an accidental
spill or a non-cuatomary batch discharge. The re1ults of ouch activitiea
shall be available to the approval authority upon request. If the PQ'l'W
4eeidee CITY Df,:RMINES that a slug contrr! plan ii needed, the
plan •ball co ntain, at a minimum , the following elements:
(1) DelCl'iption of dilcl,arp, prac:ticee, includinc non-routine batch
dil<:Jial'l'I ;
(2) DelCl'iption of lltored chemicall;
(3) Procedwn for immediately notifyinc the CITY AND THE PO'IW
of slur di.acbarges , including any di.acharie tha t would violate a
prohibition under 40 CFR 403.5(8). with procedures for follow -up
written notification within five (5) days;
(4) lfnecesaary, procedure• to prevent adverae impact from accidental
spilla, including inapection and maintenance of 1toraa,, areaa,
handling and transfer of materiala, loading and unloadin~
operation1, control of plant site run-off, "orker training, building
of containment atnlCtUre8 or equipment, meaaures for containing
toxic organic pollutants (includinr aolvent.s), and/or meaa\ll'l!s and
equipment for em"l'l'ncy reapoDIO.
I. Requiremente for eeparate systeme to band!• aanit.ary and indU1trial
wutewat.er, auch that in the event the \lier's industrial wastewater ia caunnr or could cauee an interference or a :,otential interference with
the PO'IW, the industrial wutewater could be aevered, preventing
discb&l'I' into the POTW and atill allowing the uaer'a sanitary
wutewater to dilcl,arp, into the POTW .
m. (1) Required When NeceNary by~ THE CITY ; Exception.
Greaae, oil and sand inten:epton •ball be provided when, in the
opinion of the~ CITY, they are neceuary for the proper
handling ofliquid waates containing greaae in exceuive amount&,
or any inflammable wastes , sand and other harmful ingredients ;
except, that such interceptors shall not be required for private
living quartera or dwel.linc unita.
(2) Construction Specifications. Gre88e and oil interceptors shall be
constructed of impervious mawrials capable of withstanding
abrupt u,d extreme chaqM in temperature. They •hall be of
substantial construction. watertight and equipped with easily
removable COYOl'I which. when bolted in place, sball be gaatight
and watertip,t. All inten,epton •ball be of a t:IJJO and capacity
approved by the llifte1t, sf IJtilili,a CITY and shall be located ao
aa to rndily and saaily be accessible for cleaning and inspection.
(3) Maintenance by Owner. Where installed, all greaee, oil and sand
inten:ept.ors shall be maintained by r.he owner at bis expeDIO in
continuo111ly efficient operation at 11! times .
n. Other conditiona aa deemed appropriate by the City.
4. Permit Duration. Permits •hall be isaued for a specified time period, not to
exmed three (3) years. A permit may be iaued for a period less than a year or
may be stated to expire on a opecified date . The user ■hall apply for permit
reias uance a minimum ot' one hundred and eighty (180) days prior to the
expiration of the user's e1istinc perm.iL The terms and conditions of the perm.it
102
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may be aubject to modificatioi, by the City durlna the term o( the permit u
limitatioi,a or requirementa are moclified or of.Mr juat cauaaa emt. Tiu, -r
aball be informed by any prnpoeed chupo in hia permit at leut thirty (80)
daya prior to the effective ~ta of clw,p. Any clwip1 or new condition.a in the
ptrmit ■hall include a reaaoi,able time achedule for compliance. Any permit
may be canceled or terminated for failure to comply with the requirementa
hereof.
5. Permit Tran.afer Prohibited. Permit■ are i11ued to a apecific UBer for a specific
operation. A permit •hall not be sol.cl , traded, aaaigned, tranaferred or aublet.
D. Monitoring Facilities.
I. The induatrial user •hall provide and operate, at ito expense , monitorin1
equipment and facilities sufficient to allow inapection, sampling and Oow
meaaurements of the building sewer and/or internal drainage 1ystem1. The
monitoring facility ahould normally be oituated on the industrial user's
premiaea , but the City may, when auch a location would be impractical or cause
undue hanlahip on the induatrial user, allow the facility to be conatructed in
the public atreet or aidewalk area, and located"° that it will not be obatructed
by landacapin1 or parked vehicles. The facility should be capped with a
watertight lid and that facility shall not be located in a street or gutter.
2. There shall be ample room in or near such toonitoring manhole or facility to
allow accurate sampling and pre11aration of samples fur analyais. The facility,
aa1nplin1 and measuring equipment shall bu maintained at all ti.mes in a safe
and proper operatins condition at the expense of the industrial UBer.
3. Whether conatructed on public or private property, the samplin1 and
morutoring equip,nent and facilities shall be provided in accordance with the
PQ!l!W!e CITY requirements and all applicable local construction atandarda
and apecificationa. Conatruction shall be cor.,pleted within sixty (60) days
following written notification by the~ CITY .
4. Whenever required by the QiPeMsr sf lllililies CITY, the owner of any property
serviced by a private sewer carrying nonresidential wastewat.er shall install a
mnrutoring manhole ior each separate discharge in the private sewer in
accordance with plans and apecificationa approved by the Di ieiaa eaci11eer
CITY, inatalled and maintained at all times at the induatrial user's expense,
which aball have ample room in each sampling chamber to take accurate fiow
proportioned compoaite aamplea for analyais. The monitoring manhole ahall be
aafely, easily and independently accesaible to e ruHMftae,i repreaea••, e ef
~ CITY PERSONNEL at all reasonable times.
a . Each monitorin1 manhole shaU contain a Palmer-Bowlua fiume or similar
device approved by the Qire"'8r of I 1lililies CITY with a recording and
totalizing register for measurement of the liquid quantity; or at the
discretion of the Qirs"'8r of Ylililiss CITY th" metered water s upply to
the industrial plan may be uaed as the liquid quantity, or where a
measurable adjustment agreed to by the QiPe eler sf Ylililies CITY is
made in the metered water supp\y to determine the liquid waate
quantity.
103
b. Sampleo ,ball be taken and properly 'preterWC! In a.......tance with 40
CFR 138, u amended, ■Dd 11wl bi a Nprnentatiw twelitJ·l'our (24)
hour ,ample. Sad, oamplin1 ,ball be done u prNCribecl by tbe ~
CITY to emUff n,prnentatiw quantitieo for the entue reportiq period.
Certain pollutant parametera 1uch u, but not limited to, cyanide, pbeaol,
pH, oil , sreue. and/or chlorine demand which cannot be colltcled by
using a compooite sampl• may be collected by the \lie of a "rrab" aample.
c. The frequency of aamplin1, tbe monitorin1 manhole , the meterinr devioe,
sampling methods and analy1iJ of 1amplea shall be aubject, at any time,
to inspection and verification .
d. All meterin1 and sample collection shall be done by the user, City or a
private entity and at the requeat of the uaer or the City, ahall have a aplit
Qow aample for optional analysis.
e. The indaatrial u,er or an approved private entity is required to auiyze
the sample in accordance with the r.quiremente eatabliahed in Section
12-2-50 of this Chapter. All teotingie SHALL BE at the expenae oftbe
industrial 111er.
5. The DireNr efYtilitieo CITY may require that tbe monitoring facilitiee be
i111t111led in a peru:8Jl•o!11t ly med above-ground enclosure.
6. Subject to tbe ~ CITY'S approval, any 111er may provide or bu tbe
option to contract witb the City or any private entity to provide 1ucb ae rviL-e u
deemed neceuary, including, but not neceuarily limited to, the followinJ:
a . Monitoring facilitiee
b. Inspection and aamplinc
c. Laboratory analyaiJ
E. Inspection.
1. The 9ittee"8r ef fc.tlili:liea , hie CITY'S repre1entativea, or representatives of the
Metro Diltrict may inapect tbe equipment and f'acilitiea of any uaer at any
reasonable time to aacertain whether the applicable ordinanceo, ruleo and
regulation■ are being 'lOmplied witb. Pel'I0'.11 or occupanta of pr.milea where
waat.ewater is creat.ed or diacharced 1hall tillow the DinNr, WI
P9J're11ala'R 11ea , CITY or repreeentatives of the Metro District, ready acceu at
all reasonuble timea to all parte of the premile1 for the purpooe of inlpection,
samplinc, records examination and copying, or the performance of other dutie1 .
The PQ!l'W CITY, Metro District, State end EPA ah■ll have the ri(ht to set up
on the uaer's property such devioea u are neceaeary to conduct aamplln1
inlpection, compliance monitorint and/or meterin1 operationa . Where a UNr
has aecurity meuure1 in force which would requre proper identification and
clea.rance before entry inr.o their premilea, the u,er 1h■ll make neceuary
ll'l'llDgementa witb their aecurity guards 10 that upon prMentation of 1uitable
identi6eation, pe1'110D11el from the Jl9'l'W CITY, Metro District, State, and EPA
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will be permitted to enter, without delay, for the purpooea of performing their •
specific respoDlibilities.
104
2. While penormln1 the neceuary work on private propertie■, the ~
duly authoriud repreoantative or iho City ,hall oboerve all aa!ety rule■
applicabla to the pnnniaoa astabliahed by tho buainasa .
F . Fail\li'e to Permit lnapection. In the event a duly authoriud reprnentetive or the
pQiW CITY ia ref'uled admiaaion for any pur:poee , the~ CITY may cauu
water aervice to the premian in queation to be discontinued until the pg;w.c1TY
repreoantotive baa been afforded rouonable acce11 to tho promiaoa and aewer
ayatem to accompliah the inopection and/or sampling.
G. Sampling and Analysis. All analyaes shall be performed in accordance with
procedure• ostabliohed by the Administrator purauant to section 30 ◄(1) or tLe Act
and contained in 40 CFR, part 136, and amendments thereto, or with any other
test procedure, approved by the Administr ator. Sampling and analyaia shall be
performed in accordance with the techniques approved by the Administrator.
H. Confidential Information Proviaio111 .
J.. Information and data on an induetrial uaer olrtained &om reporta,
qunbonnairea, permit applicatio111 , permits and monitoring programs and
&om inspections shall be available to the public or other governmental acency
without restriction unless the uur apecilically requests and ia able to
demonatrate to the satisfaction or the~~ CITY that the releaae
or auch information would divulge information, proceaaea or methodo or
production entitled to protection as trade aecrots ofauch user. When requeated
by auch uur furniahing a report. the portions or a report which •-ucht diaclooe
trade aocrets rr aecret proceaaea shall not be made Available for iDapection by
the public but shall be made evailable upon written request to 11)'/ernmental
agencies for uaea related hereto, the NPDES permit, and/or the r,retreatment
requinment.•: provided, however, that 1,\Ch portions of a report ahall be
available for wie by the State or any State agency in judicial review or
enfon,ement proceedings involving the user Curniabing tbe report. Wutewater
conatituenta and charocteriatica will not be recognized as confidential
information.
2. All records relating to compliance with pretreatment standards shall be made
available to officiala of the Metro District, EPA or the approval authority upon
request,
I. The Metro Diatrict shall have full authority to act and perform such functions as
are provided for in article IV or the special connector agreement between the City
and the Metro District.
J . Reporting Requirements for Industrial Users.
I. Notification Requirements. The ~ CITY shall notify all affected
industrial uaero or the applicable reporting requirements under 40 CFlt, aection
◄Oa.12 of the Federal General Pretreatment Regulations for Exi.ting and New
Sources.
2. Baaeline Report. Within ninety (90) days after the protoulgation date or a
caterorical pretreatment standard , all existing induatrial U.S.'!r& in such
calell)ry are required to 1ubmit a factual report which contain, the information
lillld in porasraphl (b) (1)-(7) of oection 403.12 or the Federal General
Preautment Resulatione for Exiltins and Ne,. Soun:t1. N•,. cateaorical
induatrial 1118rt are required lo 1ubmit to Ibo City a factual report which
containe tbe information lieted in paresraphl (b) (1)·(6) of oection 403.12 of the
Federal General Pretreatment Reau)ation■ for Exiltin1 and New !lnurcet.
S. Wit iin ninety (90) day■ followins the date for final compliance with applicable
pretreatment standard■ or, in tbe caee of a new source , followinc
commencement of the iotroduction of waatewater into the POTW, any uaer
subject to pretreatment standards and requiremente shall ■ubmit to tbe
~ CITY a factual report indicatin1 the nature and concentration of all
pollutante in tbe dilcharge from the reru)ated proc:ea■e■ which are limited by
pretreatment atandards and requiremente, and the averap and maximum
daiJy flow for tb01t1 proceaa unite in tbe ueer'a facility which are limited by ouch
pretreatment standards or requiremente. The report eball atate 1'hether the
applicrble preueatment atandards or requiremente are bein1 met on a
conaistcnt baais and, if not, what additinnal O&M and/or pretreatment ia
necesaary to bring tbe user into compliance with the applicable pretreatment
1tandards or requiremente. Thia atatement ahall be eisned by an authorired
repreeentative of the ind11 1trial uaer and certified to be a qualified pro(euional.
4. Periodic Compliance Report&.
a . Any ueer subject to a pretreatment standard, aft.er the compliance date
or such pretreatment atandard, or, in the .... or the dilcharKe into the
POTW, 1hall submit to the~ CITY durinr the months or June
and December, unleas required more ftequently in the pretreatment
atandard or by the .9iNeMf CITY, a factual report ct>verins the
preceding aix (6) mnnths and indicatinl the nature and, oncentration of
pollutante in the e111uent which &1'8 limit.:d by such pretn·atment
standards. In addition, thia report 1hall include a record o· · averap and
maximum daily flowa for the reporting period for all n:0.lated
proceuee. At the dilcretion of the ~ CITY and in conaideration
of such factors u local high or low flow rates, holiday,, budpt eyelet,
etc., tbe ~ CITY may agree to alter the months during which the
above report& are to be submitted.
b , The~ CITY may impose mau limitetions on ueen where
appropriate. In such cuea, the report required by aubaection J4a of thia
Section shall indicate the maaa of pollutant& regulated by pretreatment
atandarde in the effiuent of the uaer. TheJe report& shall contain tbe
resulte of sampling and analyais of the diacharp, includin1 the flow
and the nature and concentration , or production and maae where
requested by t.he ~ CITY of pollutant& contained therein which
are limited by the applicabl• pretreatment standards. All analyees
shall be performed in accordance with procedure& fftabliahed by the
Administrator punuant to section 304(1) of the Act and contained in olO
CFR, part 136 and u,endmente thereto or with any other teat
procedures approved by the Administrator. Samplinl shall be
performed in accordance with the techniques approved by the
Administrator.
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Sectjpp &H, Title 12, Chapter 2, Seclion 6 • ENFORCEMENT AND PENALTl!S,
Eq)ewood Mllllicipal Code 1986, ia hen,by ernended u follo,ro:
A. Requiremente for All Reporta. All reports required by any order of the DiNelot
CITY, wa1tewater contribution permita, thia Chapter and/or State or Federal law
will be made promptly in accordance with any rreacribed time requirementa. Such
reporta will be complete and thoroU1h. and they will accurately and truthfully
report facta as they exist and any conc\uaiona in such reports will be reoponaive to
and consistent with the source data in the report. It is a violation of tbia Chapter if
any such required report is not aubmitted or, if submitted, is inaccurate, contains
untrue information , or is not responsive, accurate or truthful in whole or in part.
Any act or failure to act prohibited by tbia suboection may be deemed to have
occurred or to have been committed at the place at which the n,port is or should
have been initiated or at the place where the report ia or ahould have been
received .
B. Enforcement Authority. The~ CITY may adopt procedure& and rulea for the
implementation and ar'miniatration and shall enforce the provisions contained
herein.
C. !>'otification of Violation. Whenever the~ ClTY 6ndo that any pen,on has
violated or is violating thia Chapter, or any prohibition, limitation or requirement
contained herein, l,e THE CITY may serve upon ouch person a written notice
otating the nature of the violation and providing a reasonable time, not to exceed
thirty (30) days, for the aatiafactory correction thereo( A meeting with the ~
CITY MANAGER OR DESIGNEE may be scheduled at the request of the violating
person or the~ CITY MANAGER OR DESIGNEE to diacuee the violation
and/or a aatiafactory correction achedule,
D . Methods of Notification. Any notification required herein shall be aerved either
personally or by registered or certified mail.
E. Sus penaion of Service. The City may suapend the wastewater treatment eervice
and/or a wastewater discharge permit when such sw.µension is necessary, in the
opinion of the~ CITY MANAGER OR DESIGNEE; in order to atop an
actU&i or thr,,atened diacharge which preaents or may present an imminent or
subotantial endangerment to the health oc welfare of pP.raona , to the environment,
caueeo interferen to the POTW, or cauaea the POTW or the Metro District to
violat,, any condition of ita NP DES permit.
Any person notified of auapenaion of tl:1 wastewater treatment aervice and/or the
wastew:-,ter diacbarge permit ,hall im,o ed'.ately otop or eliminate the discharge. In
the eve11t of a failure of the user'<> cor,ply voluntarilY with the suepenaion order,
the~ CITY may take such a!e,,, a s deemed neeesaary, including immediate
aeverance of the sewer connection, !" m.-.,.Vt:i-nt or minimize damage to the POTW or
endan1erment to any individuals . The ¼Ii..-. CITY shall reinstate the
wastewater discharge permit and/or the wastewater treatment service upon proof
of the elimination of the noncomplying discharge. The ueer shall pay all POTW
costs and expenses for any such suspension and restoration of service . A detailed
wri.tten statement •uhmitted by the uaer describing the cauees of the harmful
coutribution and the measllr!s taken to prevent any future occurrence ■hall be
submitted to the QireeleP-CITY within fiftefln (1 5) days of the date of occurrence.
107
F . Permit R4vocation . Azly -r who violat.H the followin1 condition, hlNIClf, tir ' '> ~
applicable Stata and Federal -,ulationt, it tubject to havinr hil permit '"1lirlld:
I. Failure of the uer to comply with the provieiont in ,ubse<:tion 12-l•Wa of
thit Section;
2. Failura of a _, to report factually the w11tswatsr conatituents and
characteriatict of ita d..,r.harpa:
3. Failure of the uaer to report •irnificant changes in operations or wattewatar
oo'lltituenta and characteriatica:
4. kefuaal of reatonable acceea to the user's premise• for the purpoee of inspection
of monitoring;
5. Violation of conditions of the permit or this Chapter or any final judicial order
entsrea with reapect then,to;
6. Failure to pay any fees or charges;
7. Tamperir..r with, diarupting, or destroying City equipment ea determined by
the P '.-. CITY MANAGER mi DESIGNEE, which determination shall be
coaclusive ;
8. Failure to report an accidental discharge of a toxic pollutant or any pollutant
above levela authorized in the porn.it.
G. Legal :\ction Authorized. If any u.er diachargee into the P01W contrary to ti-•
provisions of this Chapter, Federal or Stats pre~atment requirementa, or a,.,
,.rder of the City, the City Attorney may commence an action for appropri ate legal
and/or equitable relief, including a petition in a court of competent juri,,.Jction for a
tsmporory restraininr order, preliminary and permanent injunction against the
violation.
H . Termination of Service. The City may tsrminats or'""""" to be terminated
wutewater treatment aervice to any ueer for a violation 06· any proviaiou herein.
I. Civil Liability for Expenaes. Any penon violating the provisions herein ahall be
liable for any expense, loea or damage cauaed the City by n,ason of such violation.
.ncluding the increa.aeG '"Ollts , if any, for managing effluent and/or sludge. The
peraon shall alto be liable and pay all attorney fees , court coats, and expenses
neceuary to enfon:e any provilion of this Code . The IMeele, CITY ahall a<iJ such
charge to the discharger's treatment charge.
J . Civil Fir.e Paaa Throurh. In the event that a uaer diacharges euch pollutants which
caUJe the City to v,olats any condition of its NPDES permit and the City is fined by
EPA or the Stsr, fur such violation, then such uaer shall be fully liable for the total
amount of the fine aaaesaed apin,t the City by EPA and/or the Stata.
K. Criminal Penalty and Fines.
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I. Any person who violate• any condition of the permit, ~ CITY'S order,
or any provision of thia Chapter shall be subject to a fine ;f not more than two
thousand dollars ($2,000.00) or by im,p-~.sonment in the County jail for a period
not to exceed one (1) year or by both ouch fine and imprisonment for each
violation. Each day in which any violation shall continue shall be deemed a
separate offense .
2. Any fine and/or any jail sentence imp, ed under the provisions of the foregoing
subseetion Kl of this Section may be suspended for any period not to exceed
three (3) years.
L. Civil Penalties . In addition to any other penalties provided herein, the City may
recover reasonable attorney's fees, court costs, court reporters' feP.s , and other
expenses of litigation by appropriate legal action against the user tound to have
violated any provisions herein, or the orders, rules , regulationL\ aad permits issued
hereunder. The Attorney for the City, upon request of the City Council, shall
petition an appropriate court to impose, assess, and recover such sums.
Any person who shall violate any oondition of the permit. Il.....-CITY'S order,
or any provision of this Chapter shall be subject to im.m!:diate disconnection of the
sewer servicing the property upon or in connection with which the violation
occurred .
M. Appeal Procedure and Order. Any permit applicant, permit holder, or other user
affected by any decision, action, or determination, including cease and desist
orders, made by the City other than any judicial action filed or under litigation in
any court including the Englewood Municipal Court, or any permit issued
hereunder, may file with the ~ITV a written request for reconsideration
and a stay of the decision within ten (10) daye of such deciRion, action, or
determination, setting forth in detail the facts supporting the request, whereupon
the~ CITY shall hold a hearing. The request for reconsideration shall be
acted upon by the~ CITY within ten (10) days from the date of filing . The
decision, action or determinatiJn may be stayed during such period of review by the
9HoeeteP CITY MANAGER OR DESIGNEE.
If the decision of the~ CITY MANAGER OR DESIGNEE is unsatisfactory
to the person appealing, he THEY may file a written appeal to the Water and
Sewer Board within ten (10) days after receipt of the decision. The Water and
Sewer Board may hear the appeal and shall make a final ruling on the appeal
within thirty five (35) days of receipt of the uaer's written appeal. The decision,
action or determination of the~ CITY MANAGER OR DESIGNEE may be
stayed during such period of review by the Water and Sewer Board. After the
Water· and Sewer Board has reviewed the evidence , it may issue an order to cease
and desist to the user responsible for the discharge directing that, following a
specified time period, the sewer service be discontinued unless adequate treatment
facilities , devices or other related appurtenances are properly operated. Further
ord , rs and directives as are necessary and appropriate may be issued. The decision
of the Water and Sewer Board shall be binding on all entities and the user until
and unless ruled otherwise by an appropriate court.
~ll. Title 12, Chapter 2, Section 7 · LIMITATIONS ON DISCHARGE, Paragraph
B, Englewood Municipal Code 1985, is hereby amended as follows:
109
B. Special Condition• May & 0
Grpted: lnduatrial allocatiana may be approved under
apecial condition■ u determined by the llill'••• of Ytiliiio■ CITY MANAGER OR
DESIONEE. The maximllDI daily allowable indurtrial 1Diu1inc lhaJI be allocated
throup oicnificant induatrial uae, permill. The total loadin1 to all permitted
induatrial uaero sball not exceed the level IIJ)eCified below. Changes in local limill
due to increased or decniu;,d loading in the aervice area may cauae a change in
allocaliona cranted under theoe special condition■. Industrial uaero lhaJI monitor
and reJ10rt daily flows u required by the wastewater contribution permit.
Allocations may be revoked by the IH!eelef CITY and sLall not be considered
property righll.
Pollutant Or Pollutant Prooertv
Arsenic, Total (Aa}
Cailmium , Total (Cd}
Chromium VI (HEX Cr}
Copper, Total (Cu}
Lead, Total (Pb}
Mercwy, Total (Hg)
Molybdenum (Mo}
Nickel, Total (Ni}
Selenium (Se}
Silver, Total (Ag)
Zinc, Total (Zn}
Daily MuimllDI Allowable
Ind111tria) Load 0,ba/Davl
17M47
10.559
1.558
3.331
19.181
12.789
0.00193
26 .?.86
11.634
4.719
4.727
Sm:wm.ll§, TiUe 12, Chapter 2, Section 9 • CONSTRUCTION OF SEWERS;
EXTENSION OF MAINS; COSTS; INSPECTION, Englewood Municipal Code 1985, is
hereby amended as follows :
A. When an application is received to extend the collection main in order to oerve the
appl:.:ant or user whoae property is located with the City, the City sball make such
extenoion at its own expenae, aubject to recovery of aaid coats and provided that the
extenaion is to serve land properly subdivided. In the event that the extenaion is to
serve nonoubdivided, induatrially zoned lands within the City, the DiNNP-CITY
MANAGER OR DESIGNEE may require that the applicant or uaer extend the
collection main at his own cost and expense, subject to an equitable method of
recovery of coeta .
B. The individual collection mains outside the corporate limits shall be by pipea ,
mains or service lines and appurtenances installed by the individual or connector,
and the City shall aaaume no obligation for coats of construction therefor. All
services sball be connected under the oame provisions u may be required by the
City for connections within its corporate limits. All charges for aewace collected
outside the corporate limits of the City sball be computed from rates oet out in
Section 12-2-3 of this Chapter.
C. Cl "ality control of privately constructed collection mains feeding the City treatment
plant aball be aaaured by on-lite inapectora provided by the City ofEnclewood
tlep-eal sP11iiilieo, which agency shall include the monitorin1 of collection
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main construction and the lampin& of maina when oo oatruction :a complete .
Chargaa for the·,e aervice1 shall be billed to the l'IIPODBible contractor, u follow i:
I. Inspection (one man); weekdays ...... .
After normal duty hours, weekends
and holidays . . . . . . . . . . . . . . .
2. Lamping (crew of 2 men): weekdays ..
After normal duty hours, weekends
and holidays
$12.50/hr.
$18.7M>r .
$26.00/hr .
. $37.50/hr.
When an application ia received for connection to mains or facilities not owned or
controlled by the City, a permit for said connection will be granted only in those
cases in which the llep.-sal ,r IJlililise CITY shall have been duly authorized,
in writing, by the owner in control of ouch main or farilities to grant such ·;,ermit.
Section 217, Title 12, Chapter 3, Section 2 · LICENSES IS~UED, CONDITION 3,
Englewood Municipal Code 1985, iB hereby amended u followa:
The City Water and Sewer Board may issue such licenses to any person. firm or
corporation , private or public, upon such terms and conditiotie u shall not be i.ncomiat.ent
with the intended use of said City ditch and such license agreement shall provide for the
following:
A. f.11 construction shall comply with and conform to the standards formulated by the
lliPe.~.,r o(IJlililies CITY .
B. The City shall have the right at all times to maintam, install, repair, remo ,e or
relocate the City ,1;1e1t DITCH or any other of its facilities or inetallatione within
tho City's right-of-way. The City reserves tho exclusive right to control all
easements and installations .
C. In tho event that any use by the liceneee should interfere with any future use of t 1,e
right-of-way by the City, the licensee shall, upon request and at his sole expeoso,
relocate , rearrange or remove ita installation BO as not to interfere with such use,
D. Any repai• or replacement of any City installation made neressary in tho opinion of
the Qii, •, ifeeler ol IJlililiee CITY MANAGER OR DESIGNEE or any reason
shall be made at the sole expenee of the licensee.
E. All rights and privileges granted in any license issued by the Water and Sewer
Board shall be subject to prior agreements, licensee and/or grants, rerorded and
unrecorded, and it shall be the licensee', sole responsibility to determine the
exiatence of said documents or confjcting uses or installations.
F . The licensee shall contact and fully cooperate with the City ditch foreman and the
crouing shall be made without interference with any lawful. usual or ordh1ary flow
of water through the City ditch.
G . The licensee will not pla ... -e , nor alfow to be placed, any manholes , meters or similar
appurtenance, within the City's rights-of-way for the C:ty ditch.
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H. The licen-shall aaaume all riaka inci~nt to the pouible presence of 1ucb watan,
storm waters or outface waters in the City 4i'8h DITCH.
I. All llcenaeee, by acceptance of their license, expreaaly aaeume full and strict
liability for any and all damalll' of any natw,, : 0 persona or property caused by
water from the ditch leakinc through or breaking throu1h the ditch bank or banks
at the point or poi ntii where the licensee performs any work in connection with the
cros•ing provided by the hcenae.
J . Th,, licenaee shall ind emnify and save harmless the City, its officers and
e·.nployees , against an) 111d all claims , damages , actions or causes of acti!,lll and
,,xpenaes to which it or they may be subject by reaaon of &aid installation being
within and acroBB the premiaes of the City or by rea10n of any work done or
omia■ion made by the licensee, ite agent.a or employees in connection with the
conatructi.:m, replacement, maintenance or repair of ■aid installation .
K. The liceneee expressly agrees that in the case of licenaee's breach of any of the
provisions aet out in tbia Chapter, tbe City may, at its option, have specific
performance therefor or sue for damages resulting from said breach.
Sectjgp 218, Title 12, Chapter 4, S..ction 1 · AUTHORITY TO ISSUE IJCENSES,
Englewood Municipal Code 1985, ii, hereby a mended as followa:
The City Qi:PeeNr sf P11hl:ie morlr:a MMIJer UH:liliee is hereby authorized to iaaue licenses
and permits for tl:e installation of fiber optic cables within the City. All such inatallationa
shall be governed by the proviaione of this Chapter and shall require a license or permit
pursuant hereto.
Section 219 Title 12, Chapter 4, Section 2 • IJCENSES ISSUED, CONDITIONS,
Englewood Municipal Code 1985, is hereby amended as follows :
The City E)ifeeMr er PU!hHe Werlle MNl/er UHlil.iee may issue such licensee to any person ,
firm or corporation, private or public, upon such terms and conditione as he or abe shall
reasonably determine and such license agreement shall provide for the following:
A. All construction shall comply with and conform to the standarda formulated by the
DifeetM' ef P1tlllie morlu MtllJer Ytiltliea CITY .
B. All technical standards governing construction , reconsb."'1ction, installation,
operation, testing, use, maintenance, dismantling or ,•ther activity related to fiber
optic cable provided for herein shall be in accordance w;•:h all applicable FCC and
other Fuderal, State and local Jaws and regulations, in.:luding, but not limited to,
the Electrical Code and the specific .nodificatione to that Code aet forth in Title 8,
Chapter 2D, of the Englewood Municipal Code and the standard for ~hysical
location and protection of below cround fiber optic cable plant and tbe ,, ~ecilic
modifications to that standard set forth in subsection 12-4-4B of tbia Cb apter.
C. The licensee shall be responeible for complying with the permit, bond and lial '''ty
portions of Title 11, Chapter 3C of the Englewood Municipal Code .
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D. The City shall have the riaht at all timoa to maintain, inltall, repair, remove or
relocate the facilitie ■ or inatallationa within the City'a ri1ht-of-way. Tha City
reserves the excluaive ri1ht t(; control all easementa and in■tallationa.
E. In the event that any use by the licen-■hould interfere with any future 1118 of the
ri11ht-of-way by the City, the licenaee shall, upon n,quoat and at his ■ole apeaae,
relocate , rearrange or remove its inata.l !ation so as not to interfere with ■uch UM.
F. Any repair or replacement of any City inatallation made necesauy in tho opinion of
the CK! 'o Di..,ler ,f Pol,lie 11<ere aalilar l,llililieo CITY MANAGER OR
DESIGNEE for any reason shall be made at the sole expenoe of the licen■ee.
G. All righta and privileges granted in any license issued hereby shall be subject to
prior agreements, licenses and/or grants, recorded and unrecorded, and it ohall be
the license•'• sole responsibility to determine the existence of said documenta or
conflicting u: ,a or installatiorui. Nothing in this Chapter shall in any way lim:t ':he
City's right to '!nforce ordinances and provisions relative to franchising or
contracting.
H. The liceruiee ohall contact and fully cooperate with the City Dire"'8r sf P IM!lie
We,ke aaiil-er lJ~ieo to eliminate or minimize interference with any lawful, usual
or ordinary uae of the public ri&ht-of-way.
I. The licensee shall not place, nor allow to be placed, any equipment without the
approval as to location and means of iDstallation, including means of construction,
of the nitteet.er af P11ilie WePM aadJar Ytililiee CITY.
J. The licensee shall assume all risks incident to the installation.
K. All licensees, by acceptance of their license, expresaly aaoume full and strict
liability for any and all damage of any nature to penons or property cauaed by
their installation.
L. The liceruiee shall indemnify and save harmless the City, its oflicel's end
employees, against any and all claims, damages, actions or causes of actions and
expenses to which it or they may be subject by reaaon of said inatallatiou being
within and across the premises of the City or by reason of any work done or
om.inion made by the licensee . its agents or employees in connection with the
construction, replacement, maint.enance or repair of aaid installation.
M The licensee expressly agrees that in the case of licensee'• breach of any of the
proviaiona set out in this Chapter, the City may, at ita option, have specific
performance therefor or sue for dama11e• reaultinc from said breacl-..
N. The licensee shall keep accurate, complete and current maps and records ofite
system and facilitie "'hich occupy the ■treets, public ways and p,,blic places within
the City and ahall f.uuieh, as soon as they are a·,ailable, two (2) complete copies of
auch mapa and records to the Qep8ftlllieali oiP111ht:ie nre,ks CITY .
~1111.2.'lll, Title 12, Chapter 4, Section 4 · STANDARD ADOPTED, Paragraph B,
Enlliewood Municipal Code 1985, is hereby amended•• follows:
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13. Specific Modifications to Adopted Code . The following modification, an hereby
made in the provisions of the Electronic IndUJtrie• Association Ensineerins
Department, 2001 Pennsylvania Avenue, N.W., Waahington, D.C. 20006, herein
above adopted.
I. An encaaed metallic tracer shall be required with the undel'l!"'und wamin11
tape and shall be mandatory in all ins tance,.
2. a. A diltance of ten feet of horizontal aeparetion between a fiber optic line and
a water, sewer, storm.water or gas line ahall be required . !·.orizontal
aeparetions of leas than ten feet muot be approved in writing by thu
~~CITY.
b. Where fiber optic cables are placed closer than ten horizontal feet from a
water, sewer, or stormwater main , the fiber optic cable shall be aubeervient
to the water , sewer, or stormwater main.
c. Should the City find it necessary to excavate to repair, replace, maintain,
remove , or extend any of ita facilities , and the fiber optic cable has been
ptaced, with the~ CITY'S approval, horizontally within ten feet of
said facility and iB in the way of said repair&, replacementa, maintenance,
removal or extension, the City shall notify the fiber optic cable ownen that
their fiber optic line must be mov ed or removed. Notification ahall be
punuant to that preacribed in C.R.$. 9-1.6-101 et seq. Should the ownera of
the fiber optic cable, after notification, fail to move or remove the cable, the
City ahall move or remove the cable and bill the owner for thil expenae but
shall not accept liability for this action.
Se<;<;ion 111. Title 12, Chapter 5, Section I · RULES AND REGULATIONS;
AMENDMENTS, Englewood Municipal Code 1985 , iB hereby amended as followa:
Rules and re11W&tions of the Storm Water Enterprise Fund may be altered, a mended or
added to from time to time by approval of the City Council . Such rules and regule,tions,
together with all amendmenta, shall be available for ir.s pection at the office of ti:o ~
llep-eal ""' lhe elfiee ef lhe City Clerk at all reasonable houre .
Section 222, Title 12, Chapter 5, Section 2 • STORM WATER UTILITY, Englewood
Municipal Code 1985, is hereby amended as follows :
A. There iB hereby created a Storm Water Utility within the Ylililies lle,-eal
CITY , under the control of the City Manager, empowered to implement the
provisions of this Chapter.
B. The 9iNRH af l::Jai:litiee , YB!ler t:he City Manager; shall be reo;xmeible for the
management of the Storm Water Utility. The lliPeelor sf IJ!il;liea GITY MANAGER
OR DESIGNEE ma y pl'Hcribe forms and rules and regulations in c:onfornuty with
th.ia Chapter or for the ascertainment, computation and collection of the feee and
charges imposed in this Chapter and any future resolutions of the-City Council and
for the proper administration and enforcemenl The ~ITV MANAGER
may delegate the adir.miltration of this Chapter or any part thereof, oubject to the
limitationa of the Gilarter and Code to duly quel.ified deputies and agenta ef.i.e
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~-The llireelet< OITY MANAGER OR DESIONEE shall be empowered tao
make determinations a ■ to proper resolution of diaputea uiJin1 &om this Chapter
subject to appeal to the Woter and Sewer Board.
Section 228. Title 12, Chapter 5, Section 8 • WATER AND SEWER BOARD, Enpewood
Municipal Code 1985, is hereby amended as follows:
A. The Water and Sewer Board shall assist in administering this Chapter.
B. The Water and Sewer Board shall review all rules, policies, regulations, fees and
charges proposed by the llil-eMr of lJlililieo CITY MANAGER OR DESJGNEE and
forward such recommendations to the City Council for approval by ordinance.
Section 224. Title 12, Chapter 5, Section 5 -BILLING AND PAYMENT OF FEES,
Enpewood Municipal Code 1985, is hereby amended SB follows :
A.
B.
c.
D.
The storm water fees shall be billed and collected with the quarterly water and
sewer bill for those lots or parcels of land utilizing city utilities and billed and
collected separately aa storm water utility feea for th06e Iota or parcels ofland not
utilizing other City utilities.
The fees charged in each billing period are effective upon mailing the bill or notice
to the last known addreae of the utility user shown on the records of the ~
11tilities llep-eM CITY.
All chargee for the use of the otorm water utility preacribed by this Chapter are due
within thirty (30) dayo after the date of the bill and are payable at the~ Qe
I:lil-eNr ef Fine Bai al SePl ilea, CITY.
When payment for City utility services is received~. the City'e fiMaoial
effieer shall apply said payment to oatiafy all storm water enterpriee fund chargee
firot, t1en sani!ary sewer fund charges shall be satisfied next, and, lastly, water
fund cl.arc•• shall be satisfied, in that order.
Section 225. Title 12, Chapter 5, Section 7 · ADM!NISTRATIVE REVIEW AND
APPEALS, Enpewoo,J Municipal Code 1985, is hereb;-amended ao follows:
Any owner who disputes the amount of the charces made pursuant to this Chapter, or who
disputes any other determination made by or on behalf of the City punuant to this
Chapter may petition the llil-e8"'r sf~• CITY for a hearing on a revision or
modification of such charce or determination no later than thirty (30) dayo after having
been billed for such charge or after having been notified r! ••ch determination. The
llil'eelor sf Ulililies CITY MANAGER may conduct such ., hearing himoelf, or at his sole
discretion, may designate an officer or employee of the City as a hearing officer with
authority to hold ouch hearingo. Should the hearing officer find in favor of the~ CITY,
the owner may make further appeals to the Water and Sewer Board and then to the
District C'..ourt .
IIS
Sactjop 3M, Title 15, Chapter 1, Seclion Z; DEFINITIONS , Englewood Mun icipal Coda
1986, la henby lllllondod •• followa:
16-1-2: DEFINITIONS :
For tho PllrpON of tho application of tho proviliona of this Title , the followinll d16nitiona
shall apply end all other definitions stay the same:
MOTOR HOME OR MOTOR COACH : ANY WHEELED VE HICLE WHICH IS A
SINGLE , SELF-CONTAINED UNIT, WITH
MOTIVE POWER , WHICH IS DESIGNED
AND GENERALLY AND COMMONLY
USED FOR OCCUPANCY BY PERSONS
FOR RESIDENTIAL PU RPOSES , IN
EITHER TEMPORARY OR PERMANENT
LOCATIONS , AND WHICH MAY
OCCASIONALLY Bl DRIVEN OVER THE
PUBLIC HIGHWAYS AS A MOTOR
VEHICLE .
'\a, wh sele!l ehiele "b:ieh its a ai:Bgle ,
ael:f' eenle:i:eeli .. m,, t1,it.1! ■et.i e pH e,1
hieh is desil!fted ofti! reaerolli ..,,
eemmall:I, eeil fer aeet11pa11~ hy IIBPHH fer
,e1ilie11Uel PllJ'PBIH, iB ei.aser le ■11aNP) er
pe,mwa, leoali.eM , and: waiea ma,
eeeaeioeaR, he ffl· eft o er '8e JI 1t1hlie
hip ., s ao a 111010, ehiele .
Section 227, Title 15, Chapter 7, Section 3-PLACEMENT AND REMOVAL OF TRASH ,
Paragraph F, Englewood Municipal Code 1985, is am ended as foll ows:
F. No peraon shall ongage in the buaineaa of removing or hauling trash in the City
without fint obtainini a licenae therefor. A yearly nontransferabls license shall be
issued by tho QtreM&r of PiBaeeial Set ieee CITY upon annual payment of five
dollar& ($5 .00) per vehicle .
Section 228. Title 16, Chapter 1, Section 9 · AMENDMENTS TO OFFICIAL MAP TO B!.
DOCUMENTED, Englewood Municipal Code 1985, is amended as follow s:
All amendmente to the Oflicial Zanini Map shall be listed in the order adopted in a
separate reaiater maintained in, and kept current by, the P1611&H!g 9epBftmeal CITY;
AND IN ADDITION, SUCH AMENDMENTS SHALL BE SHOWN ON THE Maps in the
Council Chambers. Att• 111..,..;,,1 9epBft111en1 .
Section 328. Title 16, Chapter 2, Section I · ENFORCEMENT , Englewoc,.I Municipal
Code 1985, ia hereby amended II follows:
A. 8ale,H1 Ql!ll!Nlt. 'Rte pre iai.eaa of '8:ie Qrd:itttu1ee a hall he e&m iftia&ered an!l enfereefi
'a) Ule Dit-ee'8r e( Gemmtl:llt:'1 De ,elep111:e11:l of lhe Ci') ef Ec g:le ear! er h) peroeae
••ei-lld hi Ille IMeelor g{!l'¥1Wl'QloR gjl 91,;SICNloli: ofthe Cii, sfloocle• ad or
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II,, ...... ••ai1M'8ll li3 ... DWe•• leniBI 11n11 .. , •••• IIHllltftll will ..........
1111weN •••11-,, '8 enfaree thil Qrtiftanea 1 n I l'
BA. Stc,p Ordera. Whenever the use of property or the conatructioo of any buildios or
otructure ia contrary to the provioiooa of thia Onllnance, the~
c, .. ai:" Qe elapmea• ar a ••"a" llkll, • ...._. 11, tlle Di,ee•• CITY
MANAGER OR HIS DESIGNEE may order the u,e of the property or the
cooatruction to be stopped by aervin11 uotice in writing on any pe1'110n, firm or
corporation engaged in usinc said propt!rty or in doin1 or cau,ing auch work to be
done, or by J)08ting such notice in a CODBpicuoua place on said property when no
such pe1'110n, firm or corporation cnn be served in the aforesaid manner. No
oversight or dereliction or error on the part al the l>i:Peater ar aa, e ■ple:,ee af iae
De1111ftlllen• af Cemmlt!l!t;y De rele11men, CIT¥, er Oft the paft elaB7 ether eflieial
er em,101 ee ef lhe Si'! sf 1!:nclewe8'1 CITY MANAGER OR HIS DESIO NEE shall
legalize , authorize, or excuse the violation of any of the provisions of thie
Ordinance.
Soctjon 280 Tille 16, Chapter 2. Section 8 -JURISDICTION OF THE BOARD,
Subsection A, Englewood Municipal Code i986, is hereby amended as follows:
A. Appeals. In addition to ouch other jurisdiction as authorized by law, the Board
shall have the jurisdiction and power:
1. To bear and decide appeals from and to review any order, requirement, deciaion
or determination by the Chief Building Oflicial or any employee of the
llep-•l!I ef Se••"""1 Ile elepmeal CITY in the •nforcement of this
~ TITLE, and to hear and decide all matters referrd to it, or upon
which it is required to pau under thil ~ TITLE or any amendment
hereto. Appeals to the Board may be made by any pe1'110n aQrieved by the
interpretation or decision in the interpretation of this GrtHeanee TITLE.
2. To reverse or affirm, wholly or partly , or to modLiy any order, requirement,
deosion or determination of any employee of the E>eriarimen, of So1111nlllli-,
Qie elepmeM CITY and tu make such order. requirement, deciaion or
determination as in ite opinion ought to be made and, to that end, shall have all
the powen of the enforcing agent.
3. Public notice of time and place and purpose of ouch hearing shall be given by
one publication in the oflicial newspaper of the City at least ten (10) days
before such hearing.
Sectjon 281. TiUe 16, Chapter 2, Section 9 -PROCEDURE, Subsection C, Engle•·ood
Municipal Code 1985, is hereby amended ae follows:
C. Board Shall Keep Minutes . The Board shall keep minutee of ite proceedi.,gs,
showing the vote of each member upon each question, or if ab1..J nt or failing to vote,
indicating such fact, and shall keep records of its examinations and othrr official
actions, all of which shall be filed in the office of Ille llep-eal sf Semmeilj
Ile el,,menl CITY CLERK and ehall be a public record .
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Sts#oe ya, Tille 16, Chapter 3, Section 2-, PRE-APPLICATION REVU:W, B....-,1
Mllllicipal Cade 1986, ii hereby amended ae follow,:
A. Prior to filin1 an application to ruone any pan:el of land, the applicant abaU
participate in a pre-application review with the D,,-,..,a, ef. c, ... --,
Ile 1i1p••• CITY. No 4pplication for rezoniuc ahall be acoopted unlil after the
pre-application review ii completed and writt.en notification of the De,.,._, ... ,
CITY'S conclusion■ ii received by the applicant.
B. In addition to a pre-application review with the Deputmeei a{ ~
Ile 1iepme111 CITY, the llioeNr or Mlie me,.. CITY MANAGER OR DESIGNEE
m-,r review the resoning application t,, determine if public improvemenla may be
neceuitated aa a reault of the r.oning or rezoning. The ~{ P~lie n,,,_
CITY may require public improvementa al\,,r making a determination of need
hued on the conoideration of the followin11 itema :
I. The extent of exioting and contemplated development of the properly to be
rezoned.
2. The need t,, insure the health, aafety ud welfare of the public will be
maintained.
3. Vt ,,;ther the zoning or rezoning may ultimately create a need for public
improvemer,,ta to servl! the area .
If public improvementa an, neceaaary, studarda, criteria, timin11 ud extent of
public improvement& 11 specified by the Dep-111 or PIHllie m... CITY abaU
apply, except that all rie),ta of way, easemente, nnd acceaa righta abaU be required
al the lime of zoning or ruonin11 and other public improvementa shall be
constructed at a time deaignated by the Dwae•r a( P1thHe lUBl'H CITY.
C. When an applic•tion i, submitted by the Planning Commission, a majority· of the
members of the Planning Commission shall aarve II the applicant.
D. Al the lime of the pre-application review, the applicant shall aubmit the following:
A plan of the general layout of the parcel Piano eubmitte.! may be sketched on
abeeta eight and one-halfincbea by eleven inches (8 _" x II") in eize, or, al the
option of the applicant, may be in final .orm.
A letter stating why the rezoning is necessary .
E. Within ■even (7) days after the date of the pre-application review, the Qe,-e111
ef GemmV:l!H:" De eia,■e■, CITY shall notify the applicant in writing of ita
recommendation regarding the deaired change with respect t,, the following item ■:
I. Appropriateneas of the change with reapect to the policies eet forth in L.e
Comprehensive Plan.
2. Need. if any, to plat pureuant to the Subdivision Regulaliona.
3. Any required site plan considerations.
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4. General COlltffll nlated to the anticipated impact upon i,ublic rilbtl-of•ny
and public improwmenta and appropriate ,requinmenl,. , , 11
The recommendatiom of the lh111anmant af Qammai., .91 ele,•11, CITY are not
billdin1 upon the applicant or the City, but are intended to 11m, u a IUide to the
applicant in IDWJII the application for 1'810llllli and adviainc tha applicant in
advance of the applicatio.; t f any iNua1 which will or 1hould 1uboequently be
presented to the Planning Commission and City Council.
Sectjog 201, Title 16, Chapter 3, Section 3. APP' JCATION PROCEDURE, Eng.lewood
Municipal Code 1985, is hereby amended as follows :
A. An application for a rezoning shall he submitted on forma provided by the
Qep-enl CITY. A rezoning application shall expire one year after submittal;
provided, however, that tha ~ CITY may extend the application for aix (6)
months for just cauae.
B. A site plan ia required to be filed nlong with the application for rezonio1.
C. The application shall be signed by tha property owner(s) and ,hall he accompanied
by the necessary fee as shown within t>e applicable fee schedule . No fee ahall be
charged for a City-initiated rezoninJ
~J:llllll.lli. Title 16, Chapter 3, SdCtion 4,. FACT-FINDING HEARING, Subaection B,
Englewood Municipal Code 1985, is hereby amended as follows:
B. Durin1 tha fact-finding hearins, the Planning Couaniesion llhall hear any relonnt
evidence or statement provided by the applicant• ,r his representative, by th.,.
Qifeelep CITY MANAGER or any DESIGNATEL "'tlember of the staff. and by any
peraon in attendance at the hearing. The Planning ::Ommission may, in its 10le
discretion, hear and amaider any other relevant ata t.ement or evidence, wJ":tten or
oral.
Sc!;tlog 236. Title 16, Chapter 4, Section 3 · R-1-B SINGLE-FAMILY RFSIDENCE
DISTRICT, Para11Iaph M, Subsection 5, Subparalllaph 1, Englewood Municipal Code 1985,
is hereby amended as follows:
M.5.1. All home occupations shall be registered with the 9ep-e9' sf
~ lllli"" Qe elepmea, CITY upon completion of an inspection of the
premises by the 9ep-enl aftli Iha ¥ire Qi ioien. CITY.
Sec;tiog 286 Title 16, Chapter 4, Section 4 • R,1,C, SINGLE-FAMILY RESIDENCE
DISTRICT, Paragraph M, Subsection 5, Subparagraph 1, Engl•woocl Municipal Code 1985,
ia hereby amended as follows:
M.5.1 . All bome occupations shall be registered with the ll•p-0111 sf
G•-llllMJ Qe,,elsp111e111 CITY upon completion of an inspection of the
premiMe by the o,, ..... ,a, a111l ,ae Fire Di Niall CITY.
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StCUPP MI Title 16, Chapter 4, !!ection 5 • R-2 MEDIUM-f\~~SI~'Y RESIDENCE
DISTRICT, Paragraph JI!, SubNCtion 5, Subparqraph 1, Knglewood M"-'licipal Code 1985,
ii hereby amendod as follow s:
N.5.1. All home oceupationa ehall be regiltored with the ~c~ el
4Jel.-..uait, 1)91reMll'm11nli CITY upon completion of an Ullpecti,lD of t,be
premilee by the Ile,-••• 111ol Ille Fin g;,.;.;•. CITY .
So ctlgp 288 1itle 16, Chapter 4, Section 5 • R-2 MEDIUM -DENSITY RESIDENCE
DI STRICT, Paragraph N, Subaeetion 6, Subpararraph i, Englewood Municipal Code 1985,
ia hereby amended as follows :
N.5.i. Tbs~ Ca-otli'l Ile 01,,1110111 CITY may deny the u,e of any lot
as a parkin( area if the above provision• are not met or if conditions are
unsafe. The DiNeleH Ci l'Y'S ruling may be appealed to the Board of
Adjustm ent and Appe 1la .
Sm;t~ Title 16, Chapter 1, Section 6 • R-2-C MEDIUM-DENSITY RESIDENCE
DISi'RICT, Paragraph M, Subeection 5, Subparagraph 1, Englewood Municipal Code 1986,
ie l .areby a:aended a■ follows :
M.5.1. All hr ,me occupationa ahall be repstered with the llepen111e111 ef
Gem,,iaei-, De 1le11menli CITY upon completion of an inspection of thf':
pren isca by the De,ariaeM 11M ii:re Di ilien CITY.
~~ Title 16, Chapter 4 , Section 6 -R-2-C MEDIUM-DENSITY RESIDENCE
DISTRICT, Paragraph M, Subeection 6, Subparagraph e, E,,p,wood Municipal Code 1985,
ii hereby amended u follows:
M.6 .e. The final design of the parking area mlllt be approved by the~
Gem ■\lai.&, Qe ele,meal er Y!e •1111,a,tieN tl•isnee, CITY.
Section 241. Title 16, Chapter 4, Section 6 · R-2-C MEDIUM -DENSITY RESIDENCE
DISTRICT, Paragraph M, Subeection 6, Subparagraph i, Englewood Municipal Code 1985,
is hereby amended u follows:
M.6 .i. The Pil'eelsr or Co1111111H1i$) Ile elep111e111 CITY may deny the use of any
lot u a parking area if tile above provilions are not m•t or if conditiona
are unsafe . The~ CITY'S ruling may be appealed tc the Board of
Alljuatment and Appeals .
Scctigp 242. Title 16, Chapter 4, S.--tion 7 • R-2-CIS .P.S. MEDIUM DENSITY/SPECIAL
PERMIT SYSTEM RESIDENCE DIS','RICT, Par:igraph B, Englewood Municipal Code
I 985 , is hereby amended as follows:
B. Special Permit System . When a building permit appw:ation is filed with the
De,... •lleft4. of C11111111111HJ Ile sle,111elli CITY. the de..,lopment ,hall be evaluated
under the special permit ayBtem pro<edure . The special permit eyatem
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requirementa and deaillD criteria are desi111ed to refiect the valuea of the apecific
n~hborhood.
Subsection C contains absolute requirementa representing the minimum 1tanciards
of performance for any new development ,r remodeling. Each project ia aloo
evaluated for conformance with the desi111 criteria in subsection D, which are
relative policies, not absolute requirementa. Each proJect will receive a
performance score for each statement addreaaed in the permit application. If the
project complies with the abaolute requirements and ia evaluated at zero or
receives a positive score for the desi111 criteria, a building permit may be iuued. If
it ia evaluated and receives a negative acore , the project shall be reviewed by the
applicant and the planning staff to determine the change• which should be made
on the building design in order to receive a positive acore .
Section 248. TiUe 16 , Cba p•.er 4, Section 7 -R-2-C/S .P .S. MEDIUM DENSITY/SPECIAL
PERMIT SYSTEM RESIDENCE DISTRICT, Paragraph C, Subsection 9, Subparagraph d,
Englewood Municipal Code 1985, is hereby amended as follow•·
C.9.d. Corner Iota Subjest to site plan review and approval by the llep-eal
el Cetamunt,. De elepmen, CITY
Sactjon 244. TiUe 16, Chapter 4, Section 7 • R-2 -CIS .P .S. MEDIUM DENSITY/SPECIAL
PERMIT SYSTEM RESIDENCE DISTRICT, Paragraph C, Subsection 11 , Subparagraph a ,
Englewood Municipal Code 1985, is hereby amended as follows :
C.11.a. All residential uses ....... 2 spaces per dwelling
If the property b .. frontage on a local street, alternative plans for
off-street parking within tlie front yard aetback ancl acljacent to the public
right of way will be psrm.itted subject to approval of the lle,-eal sf
~Do, ete,1110111 ..,.,1 lhe Gi&:i Tl,ollie Eaci•eer CITY,
con,truction and maintenance of which ,hall be at the expenae of the
property owner. Off-street parking spaces shall be of a bard surface,
either paved with asphalt, concrete or brirk pavers.
Section 245 TiUe 16, Chapter 4, Section 7 -R-2-CIS .P.S. MEDIUM DENSITY/SPECIAL
PERMIT SYSTEM RESIDENCE DISTRICT, Paragraph C, Subsection 13, Subparagraph e,
Sub-1ubaectio~ (12)
C.12.e.(12) All home occupations shall be registered with the llepH1111e111 sf
CommlHH."1 Qe elepmea, CITY upon completion of an inspection ot
the premises by ~e Cade W11eemenli Di ieien and. '8e ~iPe 9i "8ioe.
AUTitORIZED CITY REPRESENTATIVES .
Sactill.n.l~ TiUe 16, Chapter 4, Section 7 -R-2-C/S.P.S . MEDIUM DENSITY SPECIAL
PERMIT SYSTEM RESIDENCE DISTRICT, Paracra,i> C, Subaection 16, Subparagraph a ,
Sub-subsection (7), Englewood Municipal Code 1985, ia hereby amended as follows :
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C.16 .a .(7) Re(i,tration. A family-care unit shall be s ubject to yearly ropatntion
which ii to be filed with the 9 epfflme&t el Gom11utait, :g, 111,••••
CITY.
ln;._-ij.RII.Jil. Title 16, Chapter 4, Section 7 -R-2-CIS .P .S. MEDIUM DENSITY SPECIAL
t'i!:11.tfiT SYSTEM RESIDENCE DISTRICT, Paragraph E, Enclewood Municipal Code
1985, is hereby amended al follo ws :
E. Procedure for Evaluating Building Pe rmit Applicat'ona.
1. The property owner shall make a pplication WKll llte llw.illiitir Qi ,;aien by filling
out a permit form provided by the City .
2. The permit a pplication shall include a written statement with two (2) aets of
plans which indicate how each design criterion is to be incorporated into the
propoe ,d development.
3. Upon receipt of the application, the~~ CITY ahall review the
development plans for compliance with the absolute aection of the R-2-C/S .P .S.
4. If the plans comply with the absolute aection, the ~iwlieit CITY ■hall
review the written statements and development plans for compliance with the
eleven (11) de&ign criterion statements.
5. Each design criterion statement will be graded by the Jll""9i9t-CITY staff by
their giving a point value . See the score ■beet for the point value range.
6. Each score for the eleven (11) statements will be added to obtain a point total.
7. If the score is a pogitive point value or zero , and all other sections of the 'lone
District regulation■ are in compliance, the Pl · 1 Qi ;siea CITY shall
approve the building permit applica tion, as it aµpliea to the zoning criteria, by
signini the permit application and drawing the building footprint on the Land
Use Map.
8. If the score is a negative point ve.lue , the building permit a pplication, a■ it
relates to the :wning requirement, shall not be approved by the lllHBillt
~ CITY; however, the staff shall discuaa with the applicant changes
which could be made in order to receive a pasaing acore. The applicant may
make the necessary corrections and resubmit the corrected plans for review .
9. When tlte plans have been approved by the Pl r Qi ;oiea CITY, the plans
■hall be ,e"""ed le Ille II w.ildia1 m ieisa C.,..reviewED ~, s'11er Sill 1iiYioieao
Ha de,-eale for compliance with other applicable City Codes .
Section 248. Title 16, Cbnpter 4, Sectio n 8 -R-3, HIGH-DENSITY RESIDENCE
DISTRICT, Paragraph 0, Subeection 7, Subpara graph 1, Englewood Municipal Code 1985,
is hereby amended as follow s:
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•
• • 0 .7.1. All home occupatiom obaU be regi.otend with th• ll•p-1 ■1 ol
Qeam--, '11 1&1,■eft• CITY upon completion of an inspection of the
premioe1 by the~ lhe l'ife 1w,;...., Cl'.l'Y.
,j ,.,
$ectjgp 149 Title 16, Chapter 4, Section 9 · R-4 RESIDENTIAUPROFESSIONAL
DISTRICT, Paragraph M, Subsection 5, Subparagraph I, Englewood Municipal Code 1986,
is hereby amended as follow•:
M.6.1. All home occupations shall be registered with the. Depe.rlmea, ef
SemmlllHlj Ile .elapmo111 CITY upon completion of an inapection of the
premiaeA by~ C.e Ellifereemea, Qi illiea &ad ~ CITY.
Sectjop ~150. 1'itle 16, Chapter 4, Section 10 · B-1 BUSINESS DISTRICT, Paragraph G,
Subaection 4, Subparagraph c, Englewood Municipal Code 1985, is hereby amended as
followa:
0 .4.c. If tbe developer submito a marketing or parlting study prepared by a
qualified profeaaional uaing reasonable profeaaional standards, and it is
approved by the Qamm~ Qe elopmeat Qifeeler Hft tee Si$J 'Pf&flie
~ AUTHORIZED CITY REPRESENTATIVES, the parlting
standards in Chapter 16-5 oftbis Title, General Regulations, may be
waived. If the developer doea not submit a marketing or parking study to
the City, tbe parkinJ requiremento in the General Regulations •hall be
applied .
Sectjgp 2151 Title 16, Chapter 4, Section 11 -DESIGN GUIDELINES FOR THE
REHABILITATION OF EXISTING BUILDINGS IN THE SOUTH BROADWAY
INCENTIVE AREA, Paragraph B, Englewood Municipal Code 1985, is hereby smen,led ns
follows:
B. Administration. The review of the plans shall be th, responsibility of the Dil-eele•
a( GOlllm,mily Ile, ela,meal •• a ~eoi111ee AUTHORIZED CITY
REPRESENTATIVE for conformance with tbeoe regulations. No building permi,
shall be ioeued for the reconstruction of the exterior of any building unless the
improvement conforma ,nth theoe guidelines .
Section 252 Title 16, Chapter 4, Section 13 -1-1 LIOH'," INDUSTRIAL DISTRICT,
Paragraph 0, Subsection 28, Englewood Municipal Code 1985, is hereby amended to read
as follows:
0 .28. Refuae disposal. The etorage, collection and dispooal of refuse in the mobile
oome park shall be ao manag«l aa not to create health hazards, rodent
l 'lrborage, insect-breeding lll'.'88, accident ha...-ds, or air pollution. All
refuse shall be stored in fly-tight, water-tight, rodent-proof containers,
wbicb shall be provided in sufficient number and capacity to accommodate
all refuse from the park. Salilf•ctory container racu or holden shall be
provided at permanent locations, convenient to the mobile home 1pace1, in
areas appropriately ocreened from view, and ■hall comply with all health
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nsuJationa. Methoda of 1torap, collection and clilr.oul an 1ilbj1Ct to
approval oftho•:.iet'· 1Ml1II 01.-li•• &i iieiea \JlTY.
Seotjgp IAA, Title 16, Chapter 4, Section 13 · l•l LIGHT INDUSTRJAL DISTRICT,
Panllfaph 0 , Sublection 31, Ens(ewood Municipal Code 1986, ii het'Oby amended u
followe :
0 .31. Perking of mobile homes .
a. No mobile home ahall be parked or permitted to etaud upon any public
street, highway , road, alley nr other eucJ, right-of-way for more than
twenty-four (24) hours unleu a epecial permit ia obtained from the
llep-en$ arSafe-, Ser,;eea ohhe City.
b. No mobile home •ball be maintained UP',n any private or public
property in the City when the same ia -,...d for liviDc purpoees unleu
the property ii regiatered aa a mobile home perk. No mobile home sball
be stored within any required front, eide or reer yard aa opecified by the
Comprehensive Zoninc Ordinance.
c. Where an emtiq individual mobile home ii perked on a private lot
and oa:upied aa a dwelling on the efCective date of thia Section , it 1ball
be regiatered with the ~lei1hllorhooll Se, iee1 m itiien CITY within
ninety (90) days after the effective da!A! ofthia Chap!A!r.
Section 264. Title 16, Cbeptor 4, Section 13 · 1-1 LIGHT INDUSTRIAL DISTRICT,
Perallf&ph 0, Subsection 34 , Englewood Municipal Code 1985, ia hereby amended u
follows:
0 .34 . Existing parka; certifica!A! of occupancy.
a . Within thirty (30) days aftA!r the effective date of thia Ordinance or within
thirty (30) days afb!r annexation to the City of Ens(ewood 1uboequent to
the effective date of this Ordinance, the owner or operator of each
exiatinc mobile home park sball be mailed forms on which to apply to the
lli ieion efllllilliin1 ..,,1 ilafel'J CITY for a certificate of oa:upancy.
Application sball be, in writing, and oball contain such information aa the
division may require to de!A!rmiDe wherein the park does not conform to
all requiremento •• r.w. ,,.:linanoe.
b. The E>i ieia11 el B LIHIBll1 aall Safety CITY shall issue a certificate of
occupancy to the owner or operator of legally existing parka. Tho
certificate aball liat the requirements of thia Ordinanoo with which the
park d-not conform. Nonconformance with health and eafety
re11uiremento of thia Ordinance ,ball be lie!A!d eeparately from
nonconformance with other requirements .
c. It oball be unlawful to permit any person to occupy any mobile home in
any mobile home park within the corporate limits of the City of
Englewood until all facilitieo therefor have been iDopected and approved
124
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•
•
•
•
by tho 9i iii•• el Dllililili1 .. , Salei, CITY and a permit to occupy the
unit boa boon iaaued .
Sectjop W, Title 16, Chapter 4, Section 13 -1-1 LIGHT INDUSTRIAL DISTRICT,
Parqraph 0, Subsection 37, Englewood Municipal Code 1985, is hereby amended u
followo:
0.37 . Annual inapectiona required.
a . The ~loirhh,hse• Se,.~ees 9i ioioe f !TY'S AUTHORIZED
REPRESENTATIVE is hereby authr,rized and directe~ to inapect each mobile
home park located within the City oIEnsJewood annually in order to determine
the degree o( compliance or noncompliance with the terms of this Section and to
enforce compliance with the provisions of this S.Ction . The inspector shall have
th e pow er to enter at a re880nable time , upon reaaonable notice, any private or
public property for the purpoee o( inspecting and investigating conditiona
related to the enforcement ofthia Section or any regulation which may be
promulgated hereunder. The inspector shall make such additional inspectiona
as may be necessary to a11ure compliance with this Section.
b. It shall be unlawful for any pel'80n to refuse the inspector aca,u to a mobile
home park for the purposes of inspection.
Sectjop 2156 TiUe 16, Chapter 4, Section 14 · 1-2 GENERAL INDUSTRIAL DISTRICT,
Parqraph K, Subsection 3, Enslewood Municipal Code 1985, is hereby amended as
follows:
K.3 . Reatrictiona: No building or portion thereo( shall qualify ea a wall, screen,
or fence under the provisions of this Section.
An exception to this provisions shall be made as neoeuary at an
:nteraection or at an entrance to an alley or driveway in order not to
obetruct the view of a motorist: this can be done by reducing the height of
the fence or wall or the plantings for such distance a ,d to such extent as
required by lhe Gs•s l!llfe,oemeal 9i ioiea. CITY.
Sectjop 207 TiUe 16, Chapter 4, Section 16 • FLOOD PLAIN DISTRICT, Paragraph B,
Englewood Municipal Code 1985, is hereby amended as follows :
B. Legislative Purpoee and Intent. To promote the health, ealety and welCare of the
public; to minimize flood lo ... • in areas subject to flood hazarde; and to promote
wiee uee of the flood plain; thie zone district hae been eetabliahed to regulate the
uaee within a IOI year flood plain . The areas of apecinl flood hazard are idontiAed
l / the Federal :.:mergency Management Agency on Flood Hazard Boundary Mapa
and Flood lns,,rance Rate Mapa, which maps are on fil e in the Enelewood City
Hall, in the offices of the City Clerk, Pwhlie me,.. a111l Gemm,ulil) 9e elspmeal.
By adopting theee regulations , the following purpos e• are intended:
I. To reduce the hazard offloode to life and property throueh:
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a. Prohibitin11 certain u1ea which are dangerou■ to life or property in time or
Dood .
b. Re1trictin11 ueea which would be hazardoua to the public health in time or
Dood .
c. Reatrictin11 uaea which are particularly susceptible to Dood damage, eo aa to
alleviate hardship and reduce demands for public expenditure• for relier
and protection.
d. Requiring permitted Dood plain uses, includin11 public facilities which aerve
such usee, to be protected against floods by providing Doodproofing and
1en eral flood protection at th e tim e of initial construction.
lk_-:liml..m TiUe 16, Chapter 4, Section 16 · FLOOD PLAJN DISTRICT, Paragraph C,
Subsection 3, Englewood Municipal Code 1986, ia hereby amended ae rollowa :
C. Gen era l Provisions :
3 Plain District Boundaries. Th e boundaries of the Flood Plain District
, be identical to the areaa of special flood hazard identified by the Federal
Emergency Management Agency in the Flood Insurance Study dated April 17,
1989 and the accompanying Flood Insurance Rate Map (FIRM) encompassing
the City or Englewood, Colorado.
The boundariee of the West Harvard Gulch Flood Hazard Area shall be aa
shown on Sheets 13 and 14 in a report entitled Flood Heard Area DelineaRoo
Harvard Gulch Weat Harvard Gulch and Dry Gulch dated December. 1979,
prepared by Gingery Aaaoc:iatea , Inc ., and approved by the Colorado Water
Conaervation Board on January 30, 1980. The areas of "flood danger" aa
identified on Plate 4 in the Study entiUed Stnnn Drajnage Plan for the City of
Englewood Colorado dated January, 1971, prepared by Sellards and Grin,
Inc. The moat recent Flood Insurance Study and accompanying FIRM prepared
by the Federal Emergency Mana11ement A11ency, Sheets 13 and 14 of the flggd
Haunt Area Delineation Harvard Gulch Weat Harvard Gulch and Pa Gulch
December, 1979, Gingery Associates, inc., and Plate 4 of the Storm Drain•R
Plan for the Cjty g[Englewood Cglgrado. January, 1971, Sellards and Griff,
Inc., are hereby declared to be a part of this Ordinance, and the official atud.y
and maps shall be on file in the offices of the City Clerk. , E111H1eerin1 .S~,iieea
.....i Qa111111•lli'l 9e els,111en1, Enrle-.ee~ Si'l Hall , 3199 Ssolh Elali SINel;
K111le eed., :Gele,ade ,
Section 259 Title 16, Chapter 4, ~ection 16 • FLOOD PI.Al;,/ DISTRICT, Paragraph G,
Sub■ection I, Englewood Municipal Code 1986 , is hereby amended as follows :
G. Adi,,inistration.
I. Flood Plain Administrator. The 9iPe"'8r sf Ssm111ollilj' 9e elopmenl sr hio
aeeitnff CITY MANAGER OR DESIGNEE shall be the Flood Plain
Administrator and shall er.!on:c the provisions or this Chapter. The
Department of En11inee.1ng Services shall provide the Flood Plain
126
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•
Adminiotrator with a technicaJ review of all applications to build within the
Flood Plain or a Drainap Way prior to the iaauance of a Flood Plain Permit.
Section 260 Title 16, Chapter 4, Section 19 · SIGN CODE, Subaection 2 • SCOPE /\ND
APPIJCATION OF TlDS SECTION, EnsJewood Municipal Code 1985, io hereby amended
as Collowa:
These regulations ahall gov•rn and control the display, construct 'on, erection, alteration,
remodelin1, enlariini, L1ovin11 or maintenance of all aigna permitted within all sone
diotricta e1tablished by thia ZolWII Ordinance and aey amendments thereto.
Thia Si!ID Cod• shall be adminiatered by the J;li,ee1er or Ille J;lap-eal ,r c;:,_...,..,,
J;le elepmeal • Ii• CITY WHICH ahall have the powero and duties set forth and those
necesaarily implied to administer and enforce thio Code; the~ CITY may iaaue
appropriate procedures and forms .
Upon application to and iuuance by the~ CITY of a permit therefor, a oign may
be erected, altered and maintained only for a permitted use in the diotrict in which the
aigna are located; oigns shall he located on the oame lot .. the permitted use unleaa
otherwioe provided; however, no aign of aey type shall be erected or maintained for or by a
ainile-family, two-family or thne-family residential use, except home occupation signs and
certain •igna for which no permit;. required.
Nothing herein contained ohall be ~oemed a waiver of the proviaiono of any other ordinance
or regulation applicable to signs. Signa located in areas governed by several ordinanoea
and/or applicable regulations shall comply with all such ordinances and regulationo. U
there io a conllict between the regulationo in thio Section and any other ordinance or
regulationo, the more stringent regulation,; •hall apply.
Section 261 Title I! )hapter 4, Section 19 · SIGN CODE, Subsection 3 • PERMITS,
Englewood Municipal Code 1985,;. hereby amended as follows:
A. Permit Required. It •hall be unlawful to display, erect, construct, relocate or alter
(except for copy~) any sign without fint filin11 with the J;lep-eal CITY
an application in writinc, paying applicable fees , and obtaining a sign permit,
except aa provided in Section 16-4-19-5 and Section 16-4-19-7 of thio Ordinance. U
a oign baa been dioplayed, erected, construclt", relocated or altered without such
permit or not in accordance with the tenns of auch permit, the sign muat be
removed within five (5) calendar day, of official notice.
s.
When a sign permit baa been iosued by the J;lep-sal CITY, it ohall be unlawful
to change, modify, alter or otherwise deviate from the termo or conditiona of said
permit without prior approval of the~ CITY. A written record of ouch
approval ohall be entered upon the original permit application and maintained in
the fileo of the J;lop-eal CITY.
Application for PermiL Application for a sign permit shall be made by the owner or
tenants of the property on which the sign is to be located, hio authorixed agent, or a
sign oontractor licen.ted by the City of Englewood. Such applications ahall be made
in writing on Corms furnished by the PlaMliftc lli ieiaa CITY, and shall be eigned
by the applicant. The J;lep-eal CITY shall, within five (5) working dayo of the
127
date of the applic:11tion , eit. lot' approve or deny the application or n,&,r the
application back to the applicant in any in1tance when, inauff,cient information
baa been furnished.
If the~ CITY finda that work under any permit isaued ia not in
accordance with the information supplied in the permit application and/or is in
violation of thia or any other pertinent ordinance; or should it be found that tb,,n,
haa been any mierepreaentation in connection with the application for the perm.it,
(including a non-aufficient funda check); the sign owner or lessee or erector ■hall be
notified of auch findinp and that the violation must be corrected within ftve (5)
working days of notice . U such correction is not made, the permit shall be n,voked
and written notice thereof shall be served upon the aim owner or erector. No
person shall proceed with any port of such work after such notice ia receiwcl. The
owner or lessee of the aim or the owner of the property on which the aim is located
shall have the right to appeitl the decision of the ~ CITY in the manner
provided for in subsection 16-2-SA of thia Ordinanre.
If actual work either on or off'-1it.e ia not commenced under any sign permit is8ued
within sixty (60) days from the dete of such permit, the permit shall automatically
become null and void . Dela ya which are not a result of willful a eta or neglect of the
contn,ctor, owner or pe'"°n obtlining the permit may be excused and the~
CITY may grant an extension of time in which to atart or n,aume operationa. All
requests for extensions and approval thereof shall be in writing.
When any permit ha• been revoked under the terma of thia Section, permit fees
ahall not be refunded.
C. Plana, Specifications and Other Data Requeated . The application for a aim permit
issued by the B,.;Jtlia1 ..,, ilole'J Di 0aisft CITY ah..U be accompanied by the
following piano and other information : The name, addreas and telephone number of
the owner or persons entitled to possession of the sign and of the sign contractor or
erector; the location by street addreas of the proposed sim structure; complete
information as required on application forms provided by the Department CITY,
including a site plan and elevation drawinp of the proposed sim drawn to scale,
caption of the proposed aim and such other data as is pertinent to the application;
plans indicating the scope and structural detail of the work to be done, includinr
detail■ of all connections, guy linea, supports and footinp , and materiale to be
used; application for an electrical permit for all electrical aims, and the required
information for such application; and a statement of value or cost of !.he sign. The
abow permit application and informatio:1 will be referred to the B ,.;Jtlin1 aail
ilafe'l Di ;eisn CITY for approval where necessary.
D. Permit Fees. A permit fee ahall be paid to the City for each sim permit issued
under this Section. The permit fee shall be in accordance with the fee schedule
established ANNUALLY BY RESOLUTION OF 1,,-the City Council.
E. Identification and Marking of Electrical Sims. Each electrical sim hereafter
erected or remodeled ,hall bear thereon a clearly legible identification plate not.
exceeding fifteen (15) square inches in area, stating the name of the pereon, firm or
corporation respon1ible for its construction and erection. with installation date and
permit number, and ,hall be marked with input amperes ot full load input.
128
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F. Licellliug and Ia1ur,nce ,Requinmenta. AJJJ pel'IIOII, &rm, or corpqratioG -.,,pl
in th• huaiDou of inataU: ~,. erectinf, movins er maintaiNn1 aip,a in tha Ci1;y of
,.;ns)ew01d 1b;ill be duly licenaed by the City. A penon who ha1 applied for a 1ip
permit aod ii not •nsasad in tha aisn 8J9CW11 buaipua may be allowed to inltall,
erect, mows, or maintain hia own aip. upon dc..mona~tion to the De,.,...M CITY
that he poueuu •l!fliciant knowledp aad skj11 aod ii appropriately inalll'9d for
public protection. Upon such demoa1tration, the DiNole, or ae•ilM• CITY mey
iaaue a nonrenewable aisn contracwr'a licenae. ~ ·Jcli license will be valid only for
the inltallation, erection or moving of sisna as specified on the permit, Within a
reaidential zone diatrict, the homeowner may apply for a nonrenewable sign
contractor's licenae for uoe on hia own property. For such a licenae, the license fee
will be waived.
Before any permit is iaaued fo, a sisn which may require any work over public
property, the erector shall furnish to the City a certificate of inaurance from a firm
with COrPQrate surety, and authorized to do buaineaa in the State of Colorado, for
public hability and property damap in amounts eatabliahed by the~
CITY of not leaa than the followins and covering the liability of the 1ip erector
with respect to all work perfol'1'1ed by him or hia apnts or employeea:
For death or injury to any one person ..... $100,000.00
Total liability in any one accident .
Pror,e,ty Damage . . . .
$300,000.00
$ 50,000.00
lw:1ilul.J& Title 16, Chapter 4, Section 19 · SIGN CODE, Subaection 4 • PERMIT FOR
GROUP SIGNS, Englewood Municipal Code 1985, is hereby amended as follow,:
Persona submitting a plan for all sisnase which is desisncd aa an integral part of a new or
existins development occupying no leaa than twenty-four thouaand (24,000) squan, feet of
lot area, may be granted a twenty-live percent (25%) increase in number of sisns or
maximum square foot area subject to the approval of the~ ef '6e Qepartmeal CITY.
l!GililaJA'I. Title 16, Chapter 4, Section 19 • SIGN CODE, Subsection 6 • SIGN/'
SUBJEC'r TO TEMPORARY PERMIT, Paragraph B, Englewood Municipal Code 1985, is
hereby amended u follows :
B. Street Banners. Banners across public thoroughfares announcing events sponsored by
the City, Enslewood School District, Arapahoe County, or charitable organizations may be
nuthorized by temporary permit by the~ CITY. Such atreet banners shall be
inatalled, removed and maintained by the sponaor; and the sponsoring agency aball provide
evidence of insurance in an amount sufficient to r.elieve the City and the owner of the
utility poles to which the banners are attached from liability.
Stctioa 2§i Title 16, Chapter 4, Section 19 • SIGN CODE, Subsection 7 · SIGNS
PROIDBlTED IN ALL ZONE DISTRICTS, Englewood ~ l'iripal Code 1985, is hereby
amended u follDwo:
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The followlnr Ii..,. an pn,bibited In all cone diltricia and are dedand a ,,illlaance by the u,, .... 11 .. CITY: 1 u•~ 1 i ;~.
A. Any pound ei111 within a trianrular area of tblity 1iet (30') alone two (2) lidN of
an lntenection of c:urbo of two (!) ltreeta, a railroad ~•WIIJ and 'a street, a
drinway and a 111:reet, D! an alley and a 'tre9ti which iloeo not ban a clear area of
HVeD r.et (7') between the srade level and the bottom'oftbe aign unleu approved
by the City Traffic En1P11etr.
B. Animated 1i1111 e1C11Pt barber polee .
C. Bannen, except ae in subeections 16-4-19-6B and 16-4-19-10E6, pe.,nante,
valan~11 and wind aians .
D. Billboard■.
E. Flaehin1 or blinbnr lichte or 1i1111 , except for ecareboarde and time and
tempereture devicee .
F. Porteble signs .
G. Outdoor diaplay of merchandiae on public richt--0f-way.
H. Roof ai1111 .
I. Search light■.
J . Si1111 painted on fen .,...
K. Third-party signs .
L. Wheeled advertieinc device■, except for permanent li1111 on licemed vebicle1 .
Sec;tlop 286 Title 16, Chapter 4, Section 19 • SIGN CODE, Subtection 11 · SIGN AftEA
MEASUREMENT, Paragreph A, Sub-Subsection 3, Englewood Munici~J.i Code 1985, ia
here~y amended u follow ■:
/> • .J. Signable An!a . Sicnable wall ana ia a continuoua portion of a building
facade unbroken by doon or window■ or major architectural features . It ia
calculated by aelectlnc a continuoua 1urface, tben drawing an im•IPIIIIIY
rectangle within ■pecified height limitationa and computing the square foo t
area oftbie rectangle . PeNOftl diaplayinc Ii..,. attached to a buildin1 may
determine the "aicnable area• to be uaed by cboooing any such area on the
building facade for the diaplay of Ii..,., If, beeaaae of the desicn of the
building, a li111&ble area cannot be identilied, the 9e,-eal CITY and
the applicant will determine a 1uitable area for 1i111&ge,
Sec;tjop 286 Title 16, Chepter 4, Section 19 · SIGN CODE , Subocction 12 •
MAI!ll"TENANCE, Englewood Municipal Code 1985, ia hereby amended ae follow .:
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Every oign , includilla those specifically exempt from thia Section in respect to permilll ud
permit fees, shall be maintained in eood condition at all timel. All sipa ohall be kept
neatly painted, including all metal parto and aupports thereof that are not 'galvaniied or of
ruot-resi.stant metals. The Elileeler er his .....,....llicMer CITY ahall HA VE inapoctED
and aball have the authority to order the painting, repair, altention or removal of a lip
which is not in conformance with thia Ordinance by reuon of oafety, health, or public
welfare, or by rea10n or inadequate maintenance, clilapidation or obsolescence .
Section 267. Title 16. Chapter 4, Section 19 o. SIGN CODE , Subsection 13 •
NONCONFORMING SIGNS, Englewood Municip:li Code 1985, ie hereby amended u
follows:
Any sign which was lawfully erected and maintafoed prior to the effective dat, of thi.o
Ordinance. but which does not conform to the limitations established by thia Ordinan<e,
except thoae signs prohibited, hazardous or abandoned, shall be nonconformins aigna and
subject to th'} follc,wing conditions:
A. J!eaistration uf Nonconforminl,' Signs. Al1 urnconformin11 signs shall be required to
be n,gistered with the 9e,...■ea, CITY. U o valid permit exists for the
nonconforming sign, the 9•p-ea, CITY will complete the refliatration and
notify the owner or lessee of the sign or the owner of the property on which the sign
is located requesting verification of the registration information. If no valid permit
exists for the nonconforming sign or if insufficient information is available, the
owner or lessee of the 1ign or the owner of the property on which the sign ii located
will be notified and must register the nonconforming sign or provide the neceaeary
information within thirty (30) calendar days of receipt of the notification,
B. Termination of Nonconforming Signs. Any nonconforming sign shall be broucht
into conformance or shall terminate and cease to exist within ten (10) yean from
the dat< a permit was issued. If seven (7) years or more have passed from the date
a permit was issued to the effective date of the Code, then the sign must be brou11ht
into conformance or terminate and cease to exist within thn,e (3) yearo from the
effective date of the Code . Any nonconfo=ing sign without a valid permit muat be
broucht into conformance or terminate and cease to exist within three (3) years
froto the effective date of the Code . In addition, a nonconforming sign muat be
bro1Jght into conformance or terminate and cease to e:ri.st if any one of the following
oond.itions occur:
Whenever tho sign i.s damaged more than fifty percent (50%) of its total
replacement value, or destroyed from any cause whatsoever, or becomes obsolete or
substandard under any applicable ordinance oftbe municipality, to the extent that
the sign becomes a hazard or a danger.
Whenever the ownership of the property changes on which the nonconforming sign
is L>eated.
Whenever there is a change in the leasee, ownership of the business or use to which
the sign pertains.
Wb.enever there ia a request made for a permit to change the sign .
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Whenever there is a requeat for a permit to make improvements to the facnde of
the building on which the nonconformini sign ii located .
C. Nonconforminc Siena in Newly Anne xed Area,. AJ:i.y owner or operator of a
nonconformin( sign in a newly annexed area shall terminate auch nonconforminc
slcn in accordance with the requirements of thia Section, with the efl'ective data of
the anneution ordinance being the start of the time limitation.
D. Appeal.a . The owner or lessee of a sicn, or the owner of the property on which a aicn
is located, who haa been notified by the J;lepa,.meal CITY that such ■icn ii 1
nonconforming, may appeal that decision to the~ CITY MANAGER or
designee , tYithin twenty (20) day s of the receipt of such notice . The appeal ahall
contain the appellant's name and address , the decision being appealed, and a brief
explanation of why the appellant should not be required to comply with the
document appealed . The~ CITY MANAGER or designee may meet
informally with the appellant to etchanlf" necessary information and shall il■ue a
decision in writinc to the appellant at his addreaa stated in the appeal.
If the decision of the ~ CITY MANAGER or desiiDee ii not sati.■factory to
aaid owner or lessee; within thirty (30) days of the~ CITY MANAGER'S
OR DESIGNEE'S decision , he may aµply for a variance from the l?oard of
A<liustment and Appeal.a u provided for in Section 16·2·8 of the Comprehen■ive
Zoning Ordinance.
Section 288. Title 16, Chapter 4, Section 19 · SIGN CODE , Subaection 14 •
PROHIBITED , HAZARDOUS AND ABANDONED SIGNS ; ENFORCEMENT
PROCEDURES, Englewood Municipal Code 1985 , is hereby amonded as follows:
It shall be unlawful to display, construct, erect, alter, remodel , enlarge, move or maintain a
prohibited sign within the City . It shall furthermore be unlawful to cii,,play, conatruct,
erect, enlarge, move or maintain a hazardous or abandoned sign within the City.
A. Notification of Unlawful Signs. Notice shall be given by certified mail or penonal
service to the owner or lessee of such unlawful signs and to the owner of the
property on which such unlawful signs are located .
Prohib ited signs in existence before the effective date of this Ordinance, u
described in Section 16-4-19• 7, shall be declared a nuisance by the~
CITY . The notice shall require thPt prohibited siiQs shall be broucht into
conformance with thil Ordinanoo or be removed within one hundml eipty (180)
days after the notice hu been received . Signa emtinc before the effective date of
thil Ordir,..nce which are prohibited in subaections 16-4-19-70, J, and L. shall be
removed within three (3) years from the date the notice is received. Prohibited
signa erected after <he efl'ective date of this Ordinance shall be removed within five
(5) calendar days of receipt of official notification from the~ CITY. Thia
Section shall not be applied to require the removal of any sign for which it ii
unlawfully required. by Federal or 8tete Constitution or statute, that compenaation
be paid by the City for sign removal, unle ss the City elects to pay MY compenaation
lawfully re quired
Hazardous signs are thoee which, by reason of inadequate maintenance,
dilapidation or obsolescence, crettte an imminent hazard to public health, aaf'ety or
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welfare, ao declarell by~~ CITY; tboee 1iCD1 are ~ ,r d,,;,•"nd a
nuiaance and ■hall not be diapia,. i or erected within the City . The notic <, •hall
require hazardouo ■icn removal within five (5) calendar day■•
Sien■ abandoned for a period of thirty (30) day■ ■hall be declared abando111;,t :,ip■
and a nuiaance by the ~ CITY; abandoned ■icn■ a hall not be displayed or
maintained within the City . The notice shall require abandoned •ilD removal
within thirty (30) days.
8. Appeala. The owner or leasee of a aicn or the owner of the property on ·., hich a sip
ia located who baa been notified by the Qep-ea\ CITY that such sicn i ■
prohibited, abanrtoned or hazardous n.ay appeal that decision to the ~ CITY
MANAGER or l.eaicnee within twenty (20) days of the receipt of such notice , except
for hazardous •i1111 appeal which must be within five (5) days. The appeal shall
contain the appellant'• name snd address. the decision being appealed, and a brief
explanation why the appellant should not be required to comply with the document
appealed . The Di,ee\o, CITY MANAGER or desi1111ee may meet informally with the
appellant to exchanll'! nece11ary information and ahall iaaue a decision in writing
to the appellant at hia addreu stated in the appeal.
IJ the decision of the DiNe\et CITY MANAGER or designee ia not satisfactory to
said owner or leuee, within fifteen (15) day■, be/she may apply for a variance from
the Board of Adjustment and Appeal■ as provided in Section 16-2-8 of the
Compreben■ive Zoning Ordinance , except for hazardous sign■ in which ca■e the
~ CITY MANAGER'S decision ia final .
C. Failure to Comply with Notice . If the owner or Jenee of a prohibited, abandoned or
hnzardous aicn or the owner of the property on which such sign is located faila to
comply with notice given pursuant to thia Section within the time apecified, the
City Manager or hia designee is authorized to cause the action required by
Ordinance, which may include removal of a aitpl by the City. All coeta incurred by
the City, plua an administrative coet of fifteen pettent (15%) of the direct coeta
shall be charged against the real property and ita owners .
D. Notice of Coate . If the City incurs coeta taking action required by thia Section , a
statement shall be prepared for the entire coat plus fifteen perc,:nt (15%)
administrative costa, and be mailed by certified mail. return receipt requested, to
the owner of the property on which the •icn is located with instruction■ that said
atatement will be paid in full plus coata within thirty (30) daya of said mailing date.
The notice aball alao inform the property owner that the failure to pay the
statement for costa for ai1111 removal within sixty (60) daya aball result in an
assessment being made against the property which shall conatitute a lien pursuant
to Section 16-4-19 of the Comprehensive Zoning Ordinance of the City of
Ena;lewood.
E. Assessment. If the full amount of the statement relating to sign removal fc-r real t.\'"
is not paid within sixty (60) days , the City Manager shall direct the~
l'iaaaei&I Sepo~-...,__ AN ASSESSMENT OF BE MADE OF the entire
amount of the statement plua an additional twenty-five pereent (25%) penalty
against the specified realty. After assessment 11, ,he 9i:Pee'8r efFiweiel SePYi:8:l!e,
a copy shall be sent to each owner of record of the asseued realty. The aaaeument
aball contain a lea;al description of the premises, the expense■ and coata incurred,
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and the date of sign removal, and a notice that the City claim, a lien' ft,J' thi,
amount . The DiNMr 11fF 'a1aei1I Setil'ieee CITY 1hall certify 1uch Jue.mint to
the County Treuun,r who ehall collect such &11e11menl in 'the 1tme mal/ner u ad
valorem taxes are collected.
F. Aueaaments. From the date of the auessinc statement, all aueumenta 1hall
conetitute a perpetual lien apinst the specified realty and shall have priority over
all liens excepting ceneral tax liena an~ ,rior apecial aueumenta. No delay,.
mistakes, errors or irregularities in ar,y act or proceediq authorized herein ahall
prejudice or invalidate any final useeament; but the same may be remedied by the
~Fifteoial 8,,.,;eea CITY MANAGER OR DESIGNEE, u the cue may
require, upon application made by the property owner or other interested person.
When so remedied, the same shall take effect as of the date of the original
aueaament by the ~efFi"""oial s,,.,;,., CITY.
G. Other Remedies . Any unpaid charce plus all coats and pell3ltiea •liall constitute a
debt due the City. The City Attorney shall, at the direction of the City Manacer,
inatitute civil auit in the name of the City to recover 1uch charcea, cost and
penalties. The City may prevent by injunction and require removal of any aign
erected without a permit. These remedies shall be cumulative with all other
remedies, includinc proaecution in Municipal Court for each violation of thil
Chapter pursuant to the proviaione and penaltiea eatabliahed by TiUe 1, Chapter 4,
of the Englewood Municipal Code.
Sll:1i.lllll§ll. TiUe 16, Chapter 4, Section 20 · CONDOMINIUM CONVERSION.
Par11craph C, Englewood Municipal Code 1986, is hereby amended as follows :
C. Application . In making application for the condominium conversion, developer
,hall:
1. File an application with the 9i.fe"'8r ,r Pohlie WBPlla CITY on a form
provided by lhal 9epftrimeal IT.
2. Pay an application fe,, of fifty dollare ($50.00) for each unit in the building
which can be sold as a condominium .
3. Submit a letter signed by a licensed structural engineer or licensed archii:ect
certifying that the building to be converted meets the life safety reqwrements
set forth in subsection 16-4-200, or certifying that the buildinc can be
brought into compliance and identifying those modificatione that muat be
made in order to comply.
4. Submit written certification by the lli.feelsr sPi.iAiliee CITY that the service
to the building will comply with the water and sewer code regulations in
existence at the time of the application .
Section 270 TiUe 16, Chapter 4, Section 20 · CONDOMINIUM CONVERSION,
Paracraph G, Subsection 10, Englewood Municipal Code 1985, is amended u followa :
G.10. Elevators. Each elevator lobby or area shall be provided with an approved
smoke detector located on the lobby ceiling or area. When the detector is
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activated, elevator doon 1ball not open and all can aervinc that lobb), an
to return to the main floor and be under manual control only. lftba main
Door detec:tor or a tranafar Door detector ia activat.d, all can Nnills the
main Door or lranlfer Door aball nlllm to a location appr,ved by the I ,
llop-•11i ofllal'et, 801'!0001 l'ioo Iii ioio11 F!RE MARSHALL AND Chief
Buildina Official and be under manual control ,,nJy. The smoke detector ia
to operate before optical density reacbea tbree-bun.!redtba (0 .03) per foot .
Section 271. Title 16, Chapter 4, Section 20 • CONDOMINIUM CONVERSION,
Paragraph G, Subsection 11 , Englewood Municipal Code 1985, is hereby amended as
follows :
G.11. Security Syotemo . Security sy stems re•tricting accelS to a building are
permitted, provided that:
a . It does not restrict emergency exiting from the building.
b. A ollitable meana of acceos is provided for and app,o• ed by the
IJ..,lftaeM of Safet, 8er•eos l'ioe Iii, ioioa FIRE MARSHALL,
Sectjon 272 . Title 26 , Chapter 4, Section 20 -CONDOMINIUM CONVERSION,
Paragraph K, Englewood Municipal Code 1986, is hereby amended as followo :
K. Adminiatrative Procedure. When the information required under subBIICtion 6-4-
20C has been submitted to the llep-e11I of Polllie "'•••• CITY, THE
FOLLOWING PROCEDURE SHALL BE IMPLEMENTED :
I. The application, together with all of the required documents, shall be refernd
to the City ilep-01118 which will be required to i.seue permits for or provide
service to the building to be converted to oondominiums for review and
comment. The lle11M1menkl CITY may make such h'"lil p,=-cbona as are necesaary
to determine compliance with applicable codes .
2. The IJi,eole• of 11,il,lie 1¥0,.. CITY shall i.seue , within thirty (30) days from the
submission of the completed application, a written decision as to whether or not
the application to convert meets the requirements of this Ordinance and is
accepted or rejected.
3. If the application is rejected, the baais for rejection aball be specified in the
~ CITY'S Mitten decieion. The developer baa ten (10) dayo from the
receipt of the written decision of rejection to file a notice of appeal to the Board
of Adjuotment and Appeala.
Section 273 . Title 16, Chapter 6, Section I · STORM DRAINAGE , Englewood Municipal
Code 1985, is hereby amended as follows ::
No construction shall take place that bao the effect of increasing otorm water ninoff from
the property unleaa the applicant presents a written statement sianed and oealed by a duly
licensed civil engineer setlina forth that the natural surface drainaae of the site, in bia/her
opinion, ia adequate to carry from s aid site, in a manner reasonably calculated not to cauae
135
damqe to propertie1 at a lower level from ouch 1ice, all waler naturally puoing ..,._ the
premiH1, toptber with the additional runoff created by any improvementa thereon. The
written 1talemont 1hall be nviewed by the Qe,-M al Plllllio 1"ara CITY MANAGER
OR DESIONEE. See allO Section 16+16 of this Title, Flood Plain Ordinance.
Section 27' Title 16, Chapter 5, Section 3 · PUBLIC GARAGES , FIWNG STATIONS,
PARKING AREAS , VEHICLE STORAGE LOTS AND CAR SALES LOTS , Paragraph A,
Englewood Municipal Code 1985, iJi hereby ame:ided u follows:
A. Drainage, Surfacing and Maintenance: Areae subject to wheeled traffic, whether
for parking, sales or storage, shall be property graded for drainage, provide on-site
detention of storm runoff, and be surfaced with concrete , aaphaltic concrete ,
asphalt or brick pavere, subject to the approval of the Qep-•M ef P11hlie 11.,...
CITY. Such areas ehall be maintained in good condition, free of weeda, dirt, truh
and debria.
Section 276. Title 16, Chapter 5, Section 3 • PUBLIC GARAGES, FILLING STATIONS,
PARKING AREAS, VEHICLE STORAGE LOTS AND CAR SALES LOTS, Paragraph J,
Englowood Municipal Code 1985, is hereby amended as follows :
J . Alley lmprovementa. Whenevar acceaa to the parkin1 lot or loading areu in~
business or industrial district iJi by way of an alley, the developer shall im11rove
such alley acoeaa by providing a dust-free surface thereon in a manner approved by
the Qifelller of Pll~lie ll'am CITY.
Section 276. Title 16, Chapter 5, Section 7 • HEIGHT EXTENSION, Paragn,ph A,
Subsection 2, Subparagraph d, Englewood Municipal Code 1985, iJi hereby amended ae
follows :
A.2.d . No application shall be approved until written evidence has been received
from the City f'ire llepll!'lmon,, llepHleaeal ef P11hli, 1Ue,a 1111d ••
l,lt;ililiee lle,-•al that the preliminary plans for the proposed building
or improvement include adequate features for fire protection and public
aafety.
Section 277 Title 16, Chapter 5, Sectinn 17 · LANDFILL PERFORMANCE
STANDARDS, Introductory Paragraph, EnJ)ewood Municipal Code 1985, iJi hereby
amended aa followo:
All landfill operations conducted within the City limits of the City of Englewood shall be
subject to the following proviaiona, and to requirementa established by the Cily Eacu,ee, ef
tee City of Enpewood.
Section 278 Title 16, Chapter 5, Section 17 · LANDFILL PERFORMANCE
STANDARDS , Paragraph A, Englewood Municipal Code . 1965 , is hereby amended aa
follows:
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•
• • A . Operationa 4nd Maintenance. Operationa and maintenance shall ha under the
direction of the CITY MANAGER OR DESIO NEE.
Section 279. TiUe 16, Chapter 5, Section 17 · LANDFIU. PERFORMANCE
STANDARDS, ParaP'tlph C, Enlliewood Municipal Code 1985, is hereby amended u
follows :
C. Debrie . Control over the blowing of paper and other debris shall be maintained by
the U&e of movable snow fencin11, wire mesh fencing, or any other suitable
screening device approved by the City Ettci--
Sectjog 280. TiUe 16, Chapter 5, Section 17 · LANDFILL PERFORMANCE
STANDARDS, ParaP'tlph E , Englewood Municipal Code 1985, ia hereby amendt•d ae
follows:
E. Water Lines. Water lines shall be installed for the control of fires and dust and
ahall be sized in accordance with the Safe.,. 8•""""" Qa,-ea, CITY
requirements.
Sectjog 281 . TiUe 16, Chapter 5, Section 18 • DEVELOPMENT STANDARDS ON AND
ADJACENT TO DESIGNATED LANDFILL SITES, P&rlP'tlPh A, Englewood Municipal
Code 1985, is hereby amended as follows:
A. Review of Proposed Development on Landfill Sites.
I. For any pan:el of land which is or has beea aolid waate disp0&al site no
construction of structures or other land U&ea shall be allowed until the propoaed
action is reviewed and approved by the Dapaft11111a• af Cammllmij
Qe elsp111e111, CITY lhe Fife Qi ;aiea, and Tri-County District Health
Department.
2. Tri-County District Health Department and the FiPe Qi ,ieiea CITY will be
primarily responsible for obtaining flammable gas readings from the site and
supply safety information related to construction on a landfill.
3. The DepUUBea, er Cemunlfti~ De elep111ea& Pl g Md 9 l:tiWing Di "t8ie11:'1
CITY'S primary reaponaibility shall be to deal with the proposed land uae and
the engineering design.
4. All comments and recommendationa ahall be presented to the PlftllllHIC
Qi ieiea anti 8 Ll:tidt:Bg DiYiet&e for review and decision as per subsections B and
C herein.
Section 282. TiUe 16, Chapter 5, Section 18 -DEVELOPMENT STANDARDS ON AND
ADJACENT TO DESIGNATED LANDFILL SITES, Paragraph B, Subsection 5, Englewood
Municipal Code 1985, is hereby amended as follows :
B.5. All construction or excavation sites shall be subject to inspection by the
Fife 9i ieisa CITY.
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Segtjnp 288. Title 16, Chapter 5, Section 18 D • DEVELOPMENT STANDARDS ON AND
ADJACENT TO DESIGNATED LANDFILL SITES, Paragraph C, Subsection 5, Englewood
Municipal Code 1985, ii nen,by amended aa follow ■:
C.5. Any conatruction or excavation site shall be subject to inspection by the
~i,e Di ~,ion CITY .
Soctjop 28f. Title 16, Chapter 5, Section 21 , CONDITIONAL USE, Par&ll"aph F,
Subsection 1, Englewood Municipal Code 1985 , is hereby amended as follows:
F. Application Processing.
1. Upon receipt of the application , the DepuMne,tt. ei Gomml:Hlt-, Qe, elo19mea•
CITY shall be responsible for coordinating the review of the application by the
various City departments and appropriate public agencies, culminating in the
submission of an adviaory report and recommendation to the City Planning and
Zoning Commission. A copy of the advisory report and recommendations shall be
furnished to the applicant.
Section 285. Title 16, Chapter 5, Section 21 · CONDITIONAL USE , Paragraph G,
Englewood Municipal Code 1985, is hereby amended as follows:
G. Review for Conformance. The De,lll'lmenl afQsmmeii, Ge elepmsnl CITY shall
review all building permits which have been issued for the Conditional Use and
shall examine the construction which has taken place on the site to ineure
conformance with the •~proved Conditional Use. If the use is not in conformance
with the approved Conditional Use , a stop work order shall be placed on all
conatrvction until such time as the discrepancies are resolved. If it ia not brought
into a-nformance with the approved Conditional Use within thirty (30) days, the
lle,e-CITY shall report the violation and the terms and conditions of the
appn.ved Conditional Use to the Planning Commission. Tbe Commisaion shall
give written no<ice to the Conditional Us• applicant and all the owners abutting
the Conditional Use, and shall hold a public hearing on the report ofviolationa
submitted by the~ CITY . Upon review of the alleged violations, the
Commiaaion may, if it deems necessary, require that appropriate action be ta.ken
to remedy the violations. The Commission may approve such amendments and
modify the approved Conditional Uae. If the amendments or modifications are not
approved, the applicant shall bring the project into conformance, or the
Commission shall revoke the approval of the Conditional Use , giving written
lindinp therefor.
Sectjop 286 Title 16, Chapter 5, Section 21 · CONDITIONAL USE . Paragraph I,
Subsection 3, Englewood Municipal Code 1985 , is hereby amended as follows :
I. Revocation of Conditional Use :
3. Within the time stated by the Zoning Officer in the notification of a violation of
the Conditional UsP ~ owner or operator shall rectify the violation. Upon
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completion of any required changes, the owner or operator aball notify the
PIMllinl 9i 'ilioa CITY that said change■ have been made.
Sectjgp 287. Title 16, Chapter 5, Section 30 • SATEWTE DISH ANTENNAS, Parasraph
C, Suboection 2, Subparagraph b, Sub-subsection (3), Englewood Municipal Code 1985, ia
hereby amended as follow ■:
C.2.b.(3) Any roof-mounted satellite diah shall have an engineer's certificate
submitted to the Qoijliiag 9epariaaeol CITY, verifying that the roof
mounting is sound and st.able .
$egtlgp 288 Title 16, Chapter 5, Section 30 · SATELLITE DISH ANTENNAS, Parasraph
C, Suboection 2, Subparagraph c, Sub-subsection (4), Englewood Municipal Code 1985, ia
hereby amended as follows:
C.2.c.(4) Roof-mounted satellite dishes aball have an engineer'• certificate
submitted to the 811illiiag 9epariaae8' CITY.
Segtlgp 289 Title 16, Chapter 6, Sections 4 · NONCONFORMING VACANT LOT,
Englewood Municipal Code 1985, ia hereby amended as follows :
A. A nonconforming vacant lot may be used only for a UJe permitted in the zone
diatrict in which the lot ia located. The~ CITY may waive minimum open
apace, parking lot area, setback or lot width requirements as determined necessary.
The~ CITY may grant said waiver only if he/ehe MY lhal:
1. The property cannot othenri.oe be used for any purpose permitted within the
zone district applicable to the property.
2. The waiver, if granted, ;,, necessary to afford relief with the least modification
possible of this GNliM,,ee, TITLE.
B. '9,. appeal &em '8e 9iPSMr!e 9eeieie11 efta:il h ,a the Bearti a£ 1'1 ti; 18'9Ha, 8M
Ap,eale,
A DECISION MADE UNDER THIS TITLE SHALL BE TO THE BOARD OF
ADJUSTMENT AND APPEALS.
Sectigp 290 Title 16, Chapter 6, Section 6 · REGISTRATION, Englewood Municipal
Code 1985, ia hereby amended as follows :
A. The owner or owners of the land on which the nonconforming use is located 1hall
regiatu such nonconforming use by filing with the E>epllftment e{ Gomm'IIIIHY
Qe elopmenl CITY a regiatra1J.on statement for such nonconforming use on forms
provided by the Qe19&P11Bea, ef C-Offlfflttfti ') Qe elepmeat CITY . Such regiatration
may be made in behalf of such owner by any person , firm, r.orporation or other
entity which has a legal or equitable interest in the designated land or o.ay
atructure or structurel houaing &aid nonconforming use . A cop:· of eac1.i registration
1tatement shall be returned to the owner or owners by whom filed, a c:opy retained
by the ~ CITY and a oopy of each original registration al.dtument aball be
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rffllrded by the 9r,-•al CITY in the Oftlce of the County Clerk. The
~ CITY 1hall ICClpt, lodp, and n,cord all tendend .....,.lion
1tatem1nt1, but the oc:eeptanoe , lodcin1 and lftOrdins of the 1tatemente ,ball not
con1titute an authorization to operate an unlawful UN. The filin1 of a faloe
rep,tration atatem,nt aball conatitute a violation oftba Ordinance.
B. Annual Cheek by 91,Hlme111 1( s,-...,;i, 9e ela,meal THE Cl'l'Y. The
Depaftaea, et Gamm-..M-, Ge ele,me111 CITY shall aend annually ~ the penon,
or peraono , firm , corporation, or other entity that bu resiaw'ed , r,0,....,11.fon.:ing
ute, a questionnaire by mail. inquiring II to the operation, otatu • •ad other detai1l
co ncerning the nonconforming \118, If ouch notice ii not returned, t"mpleted , within
nine ty {IIO) days , the 9epH1me111 CITY shall record in the Office oi the County
Clerk " notice that the applica ble nonconforminr uae is pr••wned tn have been
abandoned . A copy of tba notice shall be 11nt to every person, D· . -orporation or
other entity shown by lie,enmental CITY record.a u thee, h.1, \.u1 le gal or
equitable interest in the property ; provided, however , if it•• .,,,,.,,U,.1bod to the
satisfaction of the 9•,-•111 CITY that the applicable nontt.l uto rminr uae baa not
been terminated, Iha 9-,-111 CITY 1ball lft0rd forthwith a certificate
withdrawing the notice that the noneonfonnins UN wu preaumed abandoned.
C. Time Extension. Nothing her.,in shall be deemed to grant an extension of the time
required for registration or termination of nonconforming uaea under a previously
existing ordinance.
Sactjog 291 . Title 16, Chapw. ~. S.C=ou I , · DEFINITIONS , Enrlewood Municipal Code
1985, ii hereby amended as follow R:
The following words only uaed m tba Title are hereby changed :
i;9~lRKli:M;S'OO:WKR1.-. -----------1'91tifeN!eello1t~•-· ilte-Dep_,,,, ,rs,mmllllill'
Qe ela,me11t .
FLOOD PROTECTION ELEVATION:
RIPRAP :
An elevauon one foot (Ii above the elevation
of "flood profile" of the 100-year flood under
exilting channel and flood plain conditiona.
It is one foot (1 ') above the elevation of the
flood for the Flood Plain Diltrict u shown
on the Zonins Map in the <MlieHkl,e
Se ... llM'!, 9e ele,meB, Qep&nmeMt
CITY OFFICES.
A facins of masonry or the like for
protectinr an embankment. Riprap shall
consist of field atone or rough unhewn
quarry atone aa nearly rectanrular as ii
practicable. Broken concrete maaonry or
concrete pawment may be uaed if approved
by the~ i:11p11eeMC i1.-iriN1
CITY. The ■tone shall have a ■pecific
140
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i
gravity of at leut 2.25 and 1hall be l'lllltant
to the action of air and watar. P'lakinl or
fragmental rock ,,ill not be permitted.
Stonee ■hall have a minim11111 thicbeN of
three incheo (3") and a minim11111 vol11111e of
one cubic foot and at leut fifty per<:eul
(50%) by weight ■hall have a volume of two
(2) cubic feet or more. The riprap ohaJl be
placed to conform to the lpecilicationa of the
~l!nriaee,mr 80., · , , CITY.
Section 292. Safety Claµk• T~e City Council hereby finda, determines .. • ,J de«.hres
that this Ordinaqce li!JPro'mulP,tall under the gene:al police power of the L,ty of
Englewood, that it is pnlm\1'1ated for the health, safety, and welfare of th e p•,blic, and that
this Ordinance is necessary for the preservation of health and safety and fo• the prot;.:ction
of public convenience and welfare . The City Council furthe~ datermines th~. ,: .e
Ordinance bears a rational relation to the proper leri9U\tive object oought to be >bt.,,i •d.
' ' I\
Section 298 Severabilitv If any cl:.use , sentence, paragraph, or part of this Ordinance or
the application thereof to any person or circumstances shall for any reuon be adjudged by
a court of competent jwi adiction invalid, auch judgment shall not affect, impair or
invalidate the remainder of this Ordinanc, or it application to other persoru, or
circumstances.
Smaum.J ~~ [nconeistent Ordinoncea All other Ordinances or portions thereof
inconsiat,,o; or conflicting with this Ordinance or any portion hereof are hereb.• repealed to
the extent of such inconsistency or conflict.
SeL1ion 295, Effect of repeal or modificgtion The rep< al or modification of any provision
of the Code of the City of Englewood by this Ordinance •luill not release , extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability , either r 'vil or
criminal, which shall have been incurred under such provision , and each provisiu~ shall be
treated and held aa still remaining in force for the purposes of sustaining any and all
proper actions, auita , proceedings, and prosecutions for the enforcement of the penalty,
forfeiture , or liability, aa well as for the purpose of sustaining any judgment, decr-,e, or
order which can or may be rendered, entered, or made in such actions, suits, proceedinp,
or prosecutions.
5.el:ilitu..ll§. fellllllY. The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to each
and every violation of this Ordinance .
Introduced, read in full , and passed on first reading on tee 22nd day of February, 2000 .
141
Published u a Bill fnr an Ordinance o~ the 25th day of February, 2000.
Read by title and pasaed on final reading on the 6th day of March, 2000.
Published by title as Ordinance No.:/_, Series of 2000, on the 10 th day of March, 2000.
I, Loucr'.shia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that
the above and fon,10ing ii a true oopl./f the Ordinance paased on al reading and
published by title ._. Ordinance No . f~ Series of 2000.
·&
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
.
Data Agendaltllm Subject
February 22, 2000 10 a iii Admlnletnltlve Ordinance
Initiated By Staff Source
City Manager Gary Sears, City Manager
Dan Brotzman, City Attorney
COUNCIL GOAL AND PRE'JIOUS COUNCIL ACTION
This is an administrative clean-up ordinance .
RECOMMENDED ACT10~
Staff recommends adoptior. of this Administrative Ordinance to clean-up various Titles of the
Code . This will coo rdinate the Code with Article VII of the Englewood Home Rule Charter.
BACKGROUND, ANALYSIS, AND AL TERNA11VES EEN1FIED
There are numerous places in the Code that need to be clarified to reflect the spirit of the
Countil/City Manager form of government and the current method of operation of the City .
FINANCIAL IMPACT
No financial impact to the City is identified .
UST OF ATTACHMENTS
Bill for an Ord inanr-.e