HomeMy WebLinkAbout1993 Ordinance No. 031OP.I>INANCE No3.L.
SERl[:S OF 1993
BY AUTHORITY
COUNCIL BILL NO. 28
INTRODUCED BY COUNCIL
MBMBER BULLOCK
10 a
AN ORDINANCE EFFECTING THE REORGANIZATION OF THE CITY PUBLIC
WORKS DEPARTMENT TO INCLUDE THE DIVISION OF BUILDING AND SAFETY BY
AMENDING TITLE I, CHAPTER 3, SECTION 4, DEFINITION OF CHIEF BUILDING
INSPECTOR; TITLE l , CHAPTER 8, ARTICLE D, SECTION l; TITLE l, CHAPTER 6,
ARTICLE F, SECTION l; TITLE 6, CHAPTER 7, SECTION 3, SUBSECTION C; TITLE 6,
CHAPTER 10, SECTION 4; TITLE r CHAPTER l, SECTION 7,; TITLE 8, CHAPTER 6,
SECTION I; TITLE 8, CHAPTER l, b.ll.,'TIONS 3, 4, 5, 7, 8, 9, AND 10; TITLE 8, CHAPl'ER
2E, SECTION 2; TITLE 8, CHAPTER 2E, SECTION 2, SUBSECTION T; TITLE 8,
CHAPTER 3B, S".cTION 4; TITLE 8, CHAPTER 4, SECTION I, SUBSECTION C; TITLE 8,
CHAPTER 4, SECTION 2; TITLE 8, CHAPTER 5, SECTIONS l, 2, 3, 4 AND 9; TITl.E 8,
CHAPTER 6, SECTIONS 1 AND 2; TITLE 9, CHAPTER I, SECTIONS 4, 5, 6, 7, 8, 9, 10 AND
11 ; TITLE 9, CHAPTER 3C, SECTION 2C ; TITLE 9, CHAPTER 5, SECTIONS l AND 4;
AND TITLE 16, CHAPTER 2, SECTIONS 3 AND SA ; TITLE 16, CHAPTER 4, SECTION 13,
SUBSECTIO N 0, NUMBERS 28, 31 THRU 37; TITLE 16, CHAPTER 4, SECTION 20,
SUBSECTIONS C-1; G-5, 10 & 11 -B.; H; K & K-2 ; TITLE 16, CHAPl'ER 6, SECTIONS lB
AND 2B ; AND REPEALING TITLE 9, SECTION 5 OF THE ENGLEWOOD MUNICIPAL
CODE 1985.
WHEREAS , the City Manager has recommended that the Department of Public Works b ,
reorganized to include the Division of Building and Safety; and
WHEREAS , the Englewood City Council has reviewed the departmental reorganizatio~ of
the Public Work s Department and desires to implement the City Manager's
r ecommendation that the Division of Building and Safety be removed from the Department
of Community Development and be placed under the Department of Public Works ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Sw.ilm..l. Title 1, Chapter 3, Section 4 -definition of Chief Inspector, of the Englewood
Municipal Cod e 1985 is h ereby amended to read as follows:
1-3-4: GENERAL DEFINITIONS:
CHIEF BUILDING OFFICIAL,
CHIEFINSPECTOR,CHIEF
BUILDING INSPECTOR or
BUILDING OFFICIAL
The Chief Building ~ OFFICIAL, or such
officers, inspectors, deputies and assist.ants in the
B11ilding lnopcction PUBLIC WORKS Department
who may be authorited to enforce specific provisions
of this Code.
~-Title I, Chapter 6, Article D, Section I, oCthe Englewood Municipal Co~ 1985 is
hereby amended to read a s follows :
l-6D-l: GENERAL RESPONSIBILITIES : The Department of Community Development
shall be r es ponsible for the formulation, administration and implementation of all
planning, ~ environmental, housing, HEALTH, SANITATION o.n1 redevelopment
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program• within the City and ~hall enf'oroe cocle1 ,.,Jatln1 to 111id pracram1; lhall ulilt the
City Plannin1 and Zonin1 Commiuion in pn,paration of the )Ja1ter Plan for the phy1ical,
1ocial and economic development of the City; 1hall in1pect aubclivi1ion plata for compliance
with the Subdiviaion Code; and lhall a11i1t the Board of Adjuatment and apl)Nl1 by
providing informatfon and recommr:,dation1 on matter ■ conlidered by ■aid Board .
5m.imLa. 1'itle I, Chapter 6, Article F, Section I, of!he Englewood Municipal Code 1985 is
hereby amended to rea•i u follows :
l-6F-l · GENERAL RESPONSIBlLITIES: The Department of Public Worb lhall be
respon1ibla for all matten n,lating to conltruction, manapment, malntenanc,, and
operation of the phylical propertie■ of the City, includin1, withoat limitation, 1treet and
surface drainap maintenance, traffic 1y1tem1. central 1arap facilitie ■, engineering,
parka and buildinr maintenance; the administration, deaien, in1pection and cc,rdination
of the capital improvement pracram1 of the City, a1 well u the contract administration with
reference to the nview of specificatlon1; the providing of lepl description• and 1urvey1
when necessary or n,quired, to provide estimates of value relatin1 to real property and the
preliminary inve ■tigations r~lating to ownership of land, AND BUILDING SAFETY.
Sei:timu. Title 5, Chapter 7, Section 3, Subsection C, of the Ene!ewood !\lunicipal Code 1985
is h ereby amended to read as follows :
5-7-3 : AUTHORITY:
C. RegistTOtion of Electrical , Plumbing and Plumbing/Mechanical Contractors. The
Divi si on of Building and Safety is vested with the authority to establish r egistration
procedures for electrical, plumbing and plumbing/mechanical contra:ton and to qualify
applicants for certificates of registration . The Oode Adminisb alo, CHIEF BUILDING
OFFICIAL is vested with the authority to iuue and to renew certificates of registration and to ·
suspend or revoke certificates of registration .
Smism.Ji , Title 5, Chapter 10, Section 4, of the Englewood Municipal Code 1985 is hereby
amended to read u follows :
5-10-4: INSPECTION OF PREMISES: The-lnopect,or DEPARTMENT OF COl\o. 'ruNITY
DEVELOPMENT shall make regular monthly inspection • of all automobile wn,cking
yards and junk yards within the City and shall enforce compliance with the provisions of
this Chapt.e• and any other ordinance, law or statute pertaining thereto.
A Authority. The IM!)Oelor NEIGHBORHOOD SERVICES OFFICERS shall have the
authority to make inspections of automobile wrecking yard1 and junk yards at reasonable
tim es, for the purpose of determining wheth er this Code i1 being complied with and ■hall
have authority to inspect the purchase register as n,quin,d herein.
B. Atcess. It shal l be unlnwful for any person to N1fW1e access to an automobile wrecking
yard or junk yard to the lnoped,o,· NEIGHBORHOOD SERVICES OFFICER for the purpose of
inspection .
~-Title 6, Chapter 1, Section '/, ol'the Enclewood Municipal Code 1985 is hereby
am en ded to read as follows :
6-1-7: INSPECTION, ACCESS TO PREMISES: It lhall be unlawful for any person to refuse
to admit any m1:mber of the Tri.Qiunty Di strict Health Department, or the Fire
Division/Police Divi sion or th e Chief Buildin g lfl"llfflO• OFFICIAL OR THE
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NEIGHBORHOOD SERVICES DEPARTMENT er the Cit.y, or any authoriud designee
thereor, to any property, premioea or plaee, at reuonable tim11 upon preoentation or
identification credential,, ror the purpcae or determinina whether or not there ia a vloletion
or any or the provl1ion1 ol lhit ~ CODE. Ir not admitt.ed, an order from a court or
competent juriadiction may be ,btained for such admittance. A qualified peraon from the
premises involved may accompany the authoriud officer, pn,vlded that auch penon ia made
available without unneceuary delay 10 aa not to obstruct the purpcoe or the inveatigation.
Sw;igJl1. Title 6 , Chapter 5, Section 1, or the Englewood Municipal Code 1985 ia hereby
amended to read aa follows :
6-5-1: ENFORCEMENT OF ZONING AND ENVIRONMENTAL CODES:
A . Tlie designated apecialiata who enforce specific Code oectiona aa indicatad below
are tppointed limited and restricted peace officera only for the purpooe or i11wng
and aeMng 1um.mon1 and complaint& for off'1nse1 commi tted in violation of the
particular codes they enforce :
Cod e Administrator, Code Enforcement Officera, Zon ing Enforcement Officers
and Neighborhood Services Officers or the Department of Community Development
with respect to Titles 5, 6, 8, 9, 10, 11, 12, 15, 16, and Title 7, Chapter 1, Sections IA, 18,
lC, and 2, Englewood Municipal Code or 1985, and al,10 the adopted secondary code s
applicable thereto.
THE 'HiEF BUILDING OFFICIAL, OR SUCH OFFICERS, INSPECTORS,
DE PUTlES AND ASSISl'ANTS IN THE PUBLlC WORKS DEPARTMENT
Wl'l'H RESPECT TO TITLE 5, CHAPTER 7, AND TITLES 8, 9, AND 16,
ENGLEWOOD MUNICIPAL CODE OF 1985, AND ALSO THE ADOPTED
SECONDARY CODES APPLICABLE THERETO.
The aforementioned limited appointments do not permit theae designated
appointees to cany firearms , make arrests , and exercise any other duties of la w
enforcement officers, except u herein provided.
~-Title 8, Chapter 1, Section 3 or the Englewood Municipal Code 1986, ia hereby
am •uded to read a s fo llows:
DEFINITIONS:
BUILDING OFFlCIAL or
CHIEF BUILDING
OFFICIAL
ENGLEWOOD BUILDING
AND SAFETY CODE
INSTITUTION
Where these terms are used in this Title
or any code in this Title, they shall mean
the-Gode-Admmiotn,lol' PERSON
DESIGNATED BY THE CITY MAll'AliER, or
hio/HER representative WITH THE TITLE
OF BUILDING Ofl"ICIAL OR CHJEF
BUILDING OFF,UIAL.
Thia entire Title and all codes adopted h erein.
The occ:upa,icy or use or a building or struci.ure
or any portion thereorby persons harbored or
detaine~ to receive rnedi .. l , charitable or oth er
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care or tnatment, or by penona Involuntarily
detained.
&l:lilm.Jl. Title 8, Chapter 1, Section 4, ia hereby amended tci read u follow.:
8-1-4 : CRB.A110N OF DIVISION OF BUILDING AND SAFETY:
A. Diviaion Establiahed.
1. There shall be and is hereby established within the Department of
Gomm11nil) Be, elopmcnt PUBLIC WORKS , a Division of Building and
Safety.
2. The Division shall be admini,tared by a G .. ,\ol111ini•aNr THE CHIEF
BUILDING OFFICIAL appointed by the City Manager in accordance with the
career semee provisions contained in Title 3 of this Municipal Code and
whose powers and duties are hereinafter defined. The Gocie Atltl'llini1tr1t,or
CHIEF BUILDING OFFICIAL shall be qualified by education and/or
experience to the levels establiahe~ in the approved job description for-Ml
THE position.
3' The Bmlding lnopeetion Seelion oftl,e 9i,ioio11 lhall he 111per,;aed b) a Ghief
B•ilding lnopee!Gr appoint<Od b) tl,e Gil) Manager in ••eorM11oe witl, !1,e
career oer,;ee p,o,;siono eonl.ained in 'Pille a oflhio Mttnieipal Gode m,d
o;hooe powers m,d dllloes a re hereinlif\er tlefined. The GhiefBmlding
Inspector !hall be qttalified b) etl11e111ion an~, exporienee le lhe le. el,
established in tl,e appro,eel jMI dcx.iplien Mr hls posit.ton .
+. 3. The City Manager shall be empowered to appoint deputiea of the Gode
lrt!minist, ate, CHIEF BUILDING OFFICIAL in the event of the Gocle
Adn1ini1tuto1'1 CHIEF BUILDING OFFICIAL'S absence, di1ability or hi s
need for usiatanta to carry out his functions. The deputies shall be vested
with such authority as the Gode Adminiob ale. CHIEF BUILDING OFF1CIAL
lawfully po ssesses.
B . Identification of Division Employees, Each employee of this Division shall be
provided by the City with an identification card bearing a photograph of the
employee and information r eq uired by th< Code Adminiotra!Gr CHIEF BUILDING
OFFICIAL. Such identification card shall also bear the authority granted herein
Such card shall be carried by the pe rso n so identifieJ and shall be used when
necessary to properly ideotify-hlmtelf-THEMSELVES while performing-his
official duties.
&1:1.ism..J.ll. Title 8, Chapter 1, Section 5, of the Englewood Municipal Code 1985 is hereby
amended to read as follow s:
8-1-5 : GENERAL POWERS AND Dtrl'IES:
A . The Division of Building and Safety shall administer and enforce the
Englewood Building and Safety Code and all other ordinances and codes "'hich
may hereafter be assigned to the Division for enforcement and administration .
There are hereby ve&ted to the Division the dutie• of enforcing and administering
the Englewood Building and Safety Code and all powers necessary for such
enforcement.
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B. The Gode .\dnoiniotN'8r CHIEF BUILDING OmCIAL ohall manap the
operation of the c!Mlion of Bulldinc and Safety. Md fer p•r,e•• of offieial
aelion ad Hlhorit) ohall hold lhe lille oFG!neF Blrildi.11 8flleial alone ,.;11, 11,e
lille of l'ire Ha, ohel. The Gode .\dnoini•••• ohall npe, • ioe lite dMI)
adi,iliu and pt1'8:mas:ee ef ~e OhlcF hiltlint IR1peeter, tJte Pire
P1uentioft/Oede Bnforeenaent 0Mcer,and t:he pe1mit beeh1\ieian, wl\o Mu:U l,e
h;o immediate oal>ordinalee.
G, The Ghief Blrilding lnopeeler ohell 111pemee lite clail, l\1nelio11illg of 11,e
1,nildinc in.,.elion oletroflhe lli,iaio11 eftd ohell eooome l:he dotieo of Ille Gode
t.dminist ■ at.e, at times oohcn tftat pooition i1 uaeaul
I}., The Ghief Bttilding lnopeeter oholl enl'9t \he Md of l>le ,'9oiot,m,I l'ire Merohel in
perftu ming the dtstiu e(~c Pirc Me.-ahel ,It •eh W111u :.hen t:lle G~e
Adminietrater's position is • aeMt.
E, The Fire Pre.ention/Gede Enforeemeo.l 9ffieer !hell Md lhe .\ooiolenl Fire
Marslml in eoruh1di11g plan re,icw aetiwitiu, inspections of fire protection
o, otefflo end fire Oftff!t) inopeetiono 1t1d shell MIi 11,e Git)'• Gode Enfereement
Ofl1een in the enfe1cen1er.t aft.he en:ri,onmcntel pretisions efthe 8n,:le1Aood
Mttnieipel Gode .
F B. Such inspectors, technicians, assistant• and other employee• ao ohall be required
and authorized in the annual budget ohell be appointed and uoicned to the ,
Division in accordance with the provia'ion1 of the career services rules as
contained in Title 3 of thio Municipal Code . Inopectors shall have ouch cuthority
as the Gode Adminiotratc, CHIEF BUILDING OFFICIAL lawfully possesses in
carrying out their usigned dutieo.
G C. Record,. The Gode .t.cdn,iniot, otcr CHIEF BUILDING OFFICIAL ohall maintain
records of applications for permits, pennito issued, certificates of occupancy,
inspections and investigations, applications for licenr.es, licenses issued, fees
collect.eel and other information that may be required. He HE/SHE ohall make
such reports to the Dir ec tor ofGon,mm,it, Be.elopnoent PUBLIC WORKS and th e
Director of Safety Services concerning the activities of the Division, violations of
the Englewood Building and Safety Code, and such oth ,,r matters as may be
required .
H D. Public Inspection Records . General file records of the Divi oi on shall be open for
public inspection but may not be removed . Specific investigation records on
individual case• and license applications are not open to the public except by the
direction of the City Manager or order of the Court.
IE. Authority to l,,specl The--Gocle-AdrninittratM CHIEF BUILDING OFFICIAL and
hi• authori1ed agents ohall have the authority to inspect or cause to be inapected
for compliance with the Bnglewood Building end Safety Code , oil buildings,
structures, premises or utilities within the City .
J F. Right of Entry. Whenever neceH0T)' to make an inopection to enforce any of th e
provisions of this Code, or whenever the Gode AdminillTeler CHIEF BUILDING
OFFICIAL or hit AN authorized representative has1'eftl0tlobl&-PROBABLE
cause to believe that there exiots in any building or upon any premise• any
condition or Code violation which mak es ouch building or premises unsafe,
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dangerou1, or huanlou1, the Gode M111ini1II aw,. CHIEF BUILDING OFFICIAL
or Mt AN authonaed Npreeentative may enter 1uch buildin11 or pramiae1 at all
ru10Dable limn to inspect the aame or to perform any duty impoaecl upon the Gode
M111ini1lnler CHIEF BUILDING OFFICIAL by lhil Code, provided that if auch
buildin11 or premises be occupied, SHFJl.e ahall first preaent proper credentials
and request entry; and if 1uch buildin11 or premue1 be unoccupied, SHF.lhe 1hall
first make a reuonable effort to locate the owner or other penona bavin11 charge
or control of th e building or premiaea and requeat entry. If 1ucb entry ia n,fuaed,
tht Oocle ,\d111iniotra1<1r CHIEF BUILDING OFFICIAL or Mo AN authorized
;epreaentative lhall have recourae to every remedy provided by law to aecure
entry. No owner or occupant or any other penona havinc charp, :-.are or control
of any building or premise& 1hall fail or neeJ ect, after proper requut i1 made as
provi ded by law, to promptly permit entry therein by the Gode Momu ietrel<lr
CHIEF BUILDING OFFICIAL or Mt AN authorized n,preaentative for the purpose
of in spection and examination pursuant to this Code.
KG . Inve stigations and Surveys. lnc:dental to any of theae duties and po wers , but
without limitation of aame, th• Gode ,',d,mnia traler CHIEF BUILDING
OFFICIAL shall conduct investigations and s urveys to determine compliance or
noncompliance with the provisions of the Englewood Buildin11 and Safety Code
and shall inveatieate or cause to be inveatieated all accidents pertaining to
building11, structun,s, premises or utilities for the purpoae of aacertaining whether
the requirements of the Englewood Building and Safety Code have been violated .
l,H . The Gede ,\d111ini1traler CHIEF BUILDING OFFICIAL or any employee charged '
with the enforcement of this Code , acting in cood faith and • itho11t 111aliee in the
discharge of Ms THEIR official duties, shall not thereby n,nder-ftimoelf
THEMSELVES liable personally and ia hereby n,lieved from all personal
liability for any damage that may accrue to persons or property •• a result of any
ac t required , or by reason of any act or omission, in the diacharge of Mt THEIR
duties. Any sui t brought against the Gode ,\dmiioiotral<lo CHIEF BUILDING
OFFICIAL or employee beceuae of 1uch act or omiuion peofoo med by hin, in the
enforcement of any provision a of this Code shall be defended by the Legal
Department of the City until termination of the proceedings.
~ Title 8, Chapter 1, Section 7, of the Englewood Municipal Code 19115 is hereby
amended to read as follows :
8-1-7 : ALTERNATE MATERIALS AND METHODS:
A . Th e provi sions of the Englewood Buildin11 and Safety Code a re not intend,,d to
preve nt the use of any material or method not 1pecifically prescribed by t1oe Code,
provid ed any alternate or modification to the Code ha, been approved an,l its u se
•~thorized by th...Gode-Adminietn,to,-CHIEF BUILDING OFFICIAL.
B . The Gode-Administrator CHIEF BUILDING OFFICIAL may approve any alternate
·mat.rial or method, provided M-finda that the propoaed deaian, use, or operation is
sati sfa ctory and complies with the intent of thi 1 Code and that the mate:-ial , method
of work performed, or operation is, for the purpose intended , at least the equivalent
of that prescribed in thi 1 Code in quality, 1treneth, 1ffectivene11, fire resistance,
durability, safety and aanitation .
C . Th e Gode-Admirmtntor-CHIEF BUILDING OFFICIAL 1hall requ;re that
s uffi cient evi denc e of co mpliance with the provi1 ion s and intent of ,hi1 Cod e be
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provided when alt.emat.e mat.erial ■ or method• are intended to be utilized. When
new technol~e•. proce1ae1, producta, mat.eriala and/or uaea preaent technical
problem• which the Division ataft' I• not trained to adequat.ely evahate, the 8o,1e
hdmi11i1•••h• CHIEF BUILDING OFFICIAL may require the t.e1ta be conducted to
1ub1tantiate compliance with the intent and provi1ion1 of thia Code. Such evidence
ahall be prepared by qualllled encineera, 1peciallru, laboratory or llre-aafety
OTgMizatlons, or other approved agoncies acceptable to the Gede ,Wmini1,1a'8r
CHIEF BUILDING OFFICIAL and shall be provided at the expen ■e of'the penon
requ esting approval of the alternate mat.erial or method.
D . All details of nny action granting modiflcation to thi ■ Code ■hall be recorded and
entered into official records of the Divi sion .
~-Title 8, Chapter 1, Section 8, of the Englewood Municipal Code 1985 ii hereby
amended to read as follows:
J-1 -R: APPEALS: Whenever, the Gode Admi11is!raler CHIEF BUILDING OFFICIAL orffl
AN agent sh all disapprove an application or refuse to grant a permit applied for, or
disapprove an application for oltemate materiels or methods, or when it is claimed that the
provisions of the Englewood Bu il ding and Safety Code do not apply in the manner in which
tht Gede /,d..,i11iotra'8r CHIE.-l IJILDING OFFICIAL orffl AN agent determines, or when
it is claimed that the true into.st . .md meaning of the Code hav_e been misconstrued or wrongly
interpreted by the Gode ,\ol .. ini•tra'8r CHIEF BUILDING OFFICIAL or-ltit AN &&ent, any
person aggrieved thereby may appeal from the decision of the Gede ,\d111iniotra'8r CHIEF
BUILDING OFFICIAL or-ltit AN "l"nt to the Englewood Board of Alljustment and Appeals
within thirty (30) days from the date of the decision appealed, which Board shall review the
decision of the Gode ,\dmiflistra!er CHIEF BUILDING OFFICIAL ormo AN &&ent and
render a final and binding decision thereupon. In considering ■uch appeal•, the Englewood
Board of Alljustment and Appeals shall have the powers granted to the Gede ,\dnrinist. alor
CHIEF BUILDING OFFICIAL.
Si:dil2n.l3. Title 8, Chapter I, Section 9, of the Englewood Municipal Code 1985 is hereby
amended to read as follows :
8-1-9 : UNLAWFUL ACTS: It shall be unlawful for any person to do or cause to be done, or
perform or cause to be performed any act contrary to or in violation of any of the provisions of
this Code or any other code, ordinance, rule or regulation promulgated thereunder which is
enforced and administered by the Division of Building and Safety of the THE
DEPARTMENT OF PUBLIC WORKS, of the Department of Community Development,
AND THE DEPARTMENT OF SAFETY SERVICES. It shall be unlawful:
A . Alternate Methods, Materials and Equipment. For any person to uae any method,
material or equipment as an alternate to the methods, materials or equipment
permitted by this Code without first having obtained approval in the manner
provided.
B. ·Licensing. To excavate, erect, construct, enlarge, remodel, alter, repair, move,
improve, remove , convert or demolish any building, structure or utility in the City
witho u t fi rst obtaining a license or certificate in accordance with the provision s of
this Code .
C . Licensee and Certificate Holder Responsibility. For any licensee or c,rtificate
holder to commit any violation of the responsibilities as enumerated elsewhere in
this Code .
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D. Drawine and Specification ■. To make application for a permit without fir■t
havine •ubmitted dn,wine■ and 1pecillcation1 u required by provi ■ion ■ or this
Code.
E. Permits. To excavate, erect, construct, enlarie, remodel, alter, repair, move ,
improve, remove, convert or demolish any buildine, structure or utility in the City
without firat obtainine a permit in accordance with the provi ■iona of thia Code .
F . Certificate of Occupancy. For any peraon to occupy any building or structure
without first having obtained a certificate of occupancy as required by the
provisions of this Code . The Chief Building lnapeet,o, OFFICIAL may iBB ue a
temporary certificate of occupancy .
G . Unsafe Buildings. For any person to maintain or permit to be maintained, any
building, structure or utility when such building, structure or utility is unsafe in
accordance with the provisions of this Code . These requirements 11,a)J apply to
buildings, structures or uti1ities now existing, under construction or being
demolish ed .
H . Wrecking. To sell or to advertise for sale used building materials at the site of
wrecking operation s. 1
I. Burning of Waste Material. For any contractor to burn paper, refuse, waste or other
materials at the aite of any wrecking or building operations without lint having
obtained the required permit as provided for in this Code .
J . Excavation and Fill Materials. For any person to allow any excavation to be left
open, or any fill material to be piled on site, for a period in exceas of ■ixty (60) d&IY•·
The Chief Building ~ OFFICIAL may extend this period if necessary due t o
unusual condition s.
I. See Section 5-7-4 of thi s Cod e,, Class V, special contractors to deal in seco ndhand
building materials.
~-Title 8, Chapter l , Section 10, of the Englewood Municipal Code lP65 is hereby
amended to read a s fo llows:
8-1-10: VIOLA'r'lNS:
A . Established, Whenever, by th e provision s of this Code, the performance ~f any act is
prohibited or wherever any regulation , dimension or limitation is imposed on the
erection, alter!ltion, maintenance or occupancy of any building structure or utility,
a failur e to comply with the provisions of this Code shall constitute a violation. A
.separate offense shall be dee med committed during each day on which a violation
occurs ,1r continues.
B . Double Fee if Work Sta, tad Without Permit; Emergency Work . Any person who
shall commence any work for which a permit AND LICENSE is required by this
Code without first having obtained a permit therefor ■hall, if subsequently
permitted to obtain a permit, pay double the permit fee fixed foe such work ; provid ed,
howeve r, this provision shall not apply to emergency work when it shall be proved to
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the utlaf'actlon of the 8"41e .+..t111i"l1lra•r CHIEF BUILDING OFPIClAL that such
work wu urirently nee,i sary and that it, was not feaaible t.o oblain a permit therefor
before the commence,:.ent of the work. In all 1ueh cuea a permit mult be obtained
a1 100n as it ie fea11ble t.o do 10, and If there be an unreuonable delay in obtaining
1uch permit, a double fee shall be charged. The payment ofauch double fee shall n ·t
relieve any per10n f'Tom fully complying with the requiremenll of this Code in the
execution of the work nor f'Tom any other penaltiu preacribed herein.
~-Title 8, Chapter 2, Article E, Section 2, Subaection E, oft.he Englewood
Municipal Code 1985 is hereby amended to read as follows :
8-2E-2 -E : Section 2 .201{a) of article 2, divi Lion II INSPECTIONS AND UNSAFE
BUILDINGS, delete the word "chief" in the lint paragraph and replace with the phrase "e..!e
,•,limi"istftl<>r FIRE MARSHALL or Direct.or of Safety Services".
Swiluuli, Title 8, Chapter 2, Article E, Section 2, Subsection T , oft.he Englewood
Municipal Code 1985 is hereby amended t.o read as follow s :
8-2E -2-T: Section 78.106 article 78, SEIZURE OF FIREWORKS, delete the text oft.his aeetion
in its entirety and replace with the following wording:
Th e Director of Safety Services, Celie Aliminiolrat<,r P1RE MARSHALL or their authorized
agent or agents shall be empowered t.o seize, take, remove or cause to be removed, at the
expense of the owner, any and all quantities of fireworks poueued, at.ored, offered for sale,
for sa le at retail, exposed for sale, used, exploded, or held with the intent t.o offer for sale, t.o
sell at retail, t.o use, or t.o explode, in violation of this Article.
Sw.imi.J.1. Title 8, Chapter 3, Article B, Section 4, oft.he Englewood Municipal Code 1985 is
hereby amended to read as follows :
8-38-4 : PLANS AND SP',:CIFJCATIONS: It shall be necessary t.o submit t.o the Departm ent
of Community Development, THE DEPARTMENT OF PUBLIC WORKS, the Utilities
Department, and the Tri-County District Health Department detailed plans and
specifications before any public or semi-public ewimming pool is installed, constructed,
modified, remodeled, extended or enlarged. Before ouch work is commenced, such plans
and s peci fications shall be approved in writing by the Department of PUBLIC WORKS,
Com munity Development, the Utilities Department and the Tri-County District Health
Department with respect to the layout and arrangement of all areu and the materials to be
used in construction of the swimming pool , bathing areas and associated equipment. 1
1. .; •· tion 25-5-802 C.RS. 1973 .
.&d.ilm..18 , Title 8, Chapter 4, Section 1, Subsection C, of the Englewood Municipal Code
1985 is hereby amended to r ead as follows :
8-4 -1: NUMERICAL SYSTEM FOR NUMBERING: The numerical system ofnv.mbering
houses an d buildings is hereby adopted. One hundred (100) numbers shall be assigned to
each block , or in case of any unplatted territ.ory, to each one-eighth (1/8) of a mile running
north and so uth and one -sixteenth (1/16) of a mile , running east and weal
C. In order to preserve the general uniformity of numbering through out the City, it shall be
the responsibility for the-Bivioion-oHluildinr-and-Sefety DEPARTMENT OF
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COMMUNITY DEVELOPMENT to utablilh proper numberiq for all bwldinp and
premi1e1 within the Cit,y .
~ Title 8, Chapter 4, Section 2, of the &nclewood Municipal Code 1985 is hereby
amended to read u follow ■:
8-4-2: OWNER'S DUTY TO NUMBER: It i ■ here by r.iade the duty of every owner and
occupant of every building, and the agenta of all such owner■, upon all ■treeta and avenues of
the City upon which a system of numbering has been adopted, and in which official numbers
have been provided by the City, to number their ■aid building■ in accordance with ■uch
numbering system, and it ■hall be unlawful for any ■uch penon to retain or UM, or to permit
to remain upon such building, any other number than the number officially designated by
the City for ■uch building. It lhall be the duty of every owner or occupant of any building,
upon notice from the Cl,iefB•il•ing lnopeetor DEPARTMENT OF COMMUNITY
DEVELOPMENT or any person desienated by t.be City Manqer, to cauoe the official
number to be placed on each building so owned or o«upied by ■uch person, within thirty (30)
days after receipt of such Mtice. Failure or refuaal to comply with such notice shnll
constitute a violation of this Code.
&d.iwi..2ll. Title 8, Chapter 5, Section 1, of the Englewood Municipal Code 1985 is hereby
amended to read •s follow s :
8-5-1 : MOVING PERMIT BEQUIRED
A . No person shall perform any of the following without first having secured a
moving permit from the Division of Building and Safety of the Department of
Gommm1it, Ele,dopment PUBLIC WORKS AND CONTACTED THE
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. Move or raise any structure from ita foundation.
2. Move any sb ucture t.o a site within the City.
3. Move any structure along or across any public ■treet of the City.
B . Exceptions: A moving permit shall not be required to move a construction shack as
determined by the Chief Building lMpOet,or OFFICIAL, or for portable structures
having a 0oor area of not over one hundred (100) square feet.
~ Title 8, Chapter 5, Section 2, Subsection A. oft.he Englew,'Od Municipal Code
1985 is hereby amend,d to read as follows:
8-5-2 : APPLICATION, FEES AND TERM:
A . The form for an applicatio n for a movers permit shall be furnish ed by the Division
of Building and Safety of the Department of-&!mffl1tllily Ele, elopment· PUBLIC
WORKS and shal contain the following information :
I. Name, address and telephone number of the applicant.
2. Addres, of present location of structure.
3. AddreSI of proposed location t.o which the structure is t.o be moved .
Date and time of proposed movement of structure.
5 , Propo1ed route to be uaed in movement of 1tructure.
6 . Ducript.ion and size of the truck and other equipment proposed to be !lied in the
movement of the 1tructure .
~-Title 8, Cbapter 5, Section 3, of the Englewood Municipal Code 1985 is hereby
amended to read u follows:
8-5-3 : PERFORMANCE BOND REQUIREMENTS:
A . Structure Mover. A performance ond completion bond of at leut one tholll81ld
dollars ($1,000 .00), or other in1unmr•, bond acceptable to the Cbief Building
ltttpeel,e, OFFICIAL, tocetMr with i ,roof thereon in writing by the insuring
company, ,hall be posted by the structure mover prior to luuance of the moving
permit. Said bond shall be in 111 am,unt determined by the CbiefBuilding
fflopeelM OFFICIAL baud on the estimated cost of relocating the structure from the
existing site to the new site and cleaning, filling and leveling the site from which
the structure was moved.
B . Owner. A performance and completion bond of at least five thousand dollars
($5 ,000.00), or other insurance bond acceptable to the Chief Building~
OFFICIAL together with proof thereon in writing by the insuring company, shall be
posted by the owner of the site to which the structure is moved prior to i uuance of a
permit for necessary construction. The bond shall insure the completion of the
nece s sary construct.ion and installations required to bring the moved structure into
compliance with the applicable City codes. Said bond shall be increased above the
minimum five thousand dollars ($5,000.00) if the Chief Building ;,,opect,or
OFFICIAL determines that the anticipated costs of the necessary construction, as
above set out, will exceed five thousand dollars ($5,000 .00). In such case, a bond in
an amount at least equal to the sum orthe anticipated costs shall be required.
~-Title 8, Chapter 5, Section 4, of the Englewood Municipal ode 1985 is hereby
amended to read as follows :
8-5-4: CASH DEPOSIT: A cash deposit in the amount of ono hundred dollars ($100.00) shall
be posted by the structure mover prior to iuuance or any moving permit and shall be refunded
aft.er thirty (30) days if there has been no damage to public property Ha resul t efthe movin g
of the structure. Said deposit may be used to repair damages to public property in the event the
structure mover does not repair the damages within thirty (30) days of written notice by the
Chief Building lnopeeto, OFFICIAL.
~ Title 8, Chapter 5, Section 9, of the Englewood Municipal Code 1985 is hereby
amended to read as follows :
8-5-9: TIME OF MOVEMENT: The time of movement of a structure shal\ be approved by the
Traffic Division, the Police Divi si on and the Fire Division , and if the structure is to be
moved over a state highway, the time of such move shall be coordinated with the State
Highway-Departnrant OF TRANSPORTATION . The structure moving permit shall becom e
null and void unless the move is completed within the specified time appro\'ed on the permit;
provided , however, that the Gode Adminiat, ator CHIEF BUILDING OFFICIAL may extend
the t ime period of the move for forth eight (48) hours at\A!r consulting with the appropriate
agencies when the original time for the move is rendered impractica1 due to incl ement
weather , strikes or other ceu.ses beyond the contro1 of the structure mover.
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~ Title 8, Chapter 6, Section 1, of the EneJewood Municipal Code 1985 i1 hereby
amended lo n,ad aa follow a:
8-6 -1: DEMOLl'l10N PERMIT REQUJREMENTS:
A . No 1tructun, within the City ahall be demolilh!!d unle11 and until • permit therefor
has been issued by the Division of Building an,1 Safety of the Department of
Gomnu,nit, Be. elopment PUBLIC WORKS .
B . A sepat ate demolition permit shall be required for each structure lo be demolished.
The permit shall be kept on the premises during the demolition, and lhown, on
demand, lo any authorized agent of the City.
C . The permit lo' demolish · single-family residnntial , re•idential duple~ and
accesaory &tructures shall be fifty dollan ($/i0.00), The permit fe e lo demolish
multi-family and nonresidential structures 1hali be two hundred dollars ($200.00).
No fee shall be requfred of an owner of a •c;gle-family dwelling doing work on hi s
own premises or of the owner of a building for which a demolition order has been
given by the City.
D . Demolition permits shall expire sixty days after the _ date of issuance.
E . A surety bond shall be posted with the City by the peraon or cont:aclor applying for a
demolition permit. Such bond shall be in an amount determiner; by the Chief
Building moped,ot' OFFICIAL based on the estimated cost ne1:essary lo complete all
demolition work and lo clean and level the demolition site. Such bond shall be in
an amount not leas than one thousand dollars ($1,000.00).
~-Title 8, Chapter 6, Section 2, of the Englewood Municipal Code 1985 is hereby
amended lo read as follows :
8-6-2 : APPLICATION FOR PERMIT: Persons properly licensed for demolition work can
obtain an application for a demolition permit from the Division of Building and Safety of the
Department 01 Gomrrumit, Ele.eloprr.,,,.,t PUBLIC WORKS , The application shall co ntain
the following information:
A . Name, address and telephone number of the F.pplicant.
B . Name, address and telephone number of the owner of the structure to be demolished .
C . Address of the proposed demolition.
D . Starting date and :,roposed time period during which the demoli tion would occur.
E . De scription of the proposed method of dem olition and proposed methods of public ·,
-protection (du st control, security, etc .).
· I 2-
~ TIUe 9, Chapter 1, Seetlon 4 Definition of'Chiel'Bulldlnr lnapeetor, Approved ,
and lnve,tlpti.>n or the Enpwood Municipal Code 1986 •" hfflby amended to "ad as
rollow a:
9-1-4 : DEFINITIONS:
APPROVED
CHIEF BUILD~G
JNSPSG'l'OR OFFICIAL
INV66'1'ICA'l'IO N
INFESTATION
Approval by the Building 9eperlffleftt
DMSION II a reault either or investigation s
and lest.I conductad by il or by application of
acwpted principles or tetta established by
recopiJed authorities or in accordance with
1tandard1 established within the Housing
Code.
lncludu any authorixed '"ignee.
The presence within or arou.,d a dwelling or
insects, rodents, vermin or of.her peats of such
kind, or in such numbers as to cause a hazard
to health .
~ Title 9, Chapter 1, Section 5, or the Englewood Municipal Code 1985 is hereby
amended to read as follows :
9-1-5: ENFORCEMENT AGENCY: For the purpose or insuring proper compliance with the
provision , of this Title, the Chief Building t,,opeeto,-OFFICIAL, and ffl1 THE .
authomed designees, are hereby empowered and directed to administer and
enforce the provisions of this Title in the manner herein provided, and any rules or
regulations adopted pursuant thereto, subject to the general s upervision and control
of the City Manage r .
~ Title 9, Chapter 1, Section 6, Subsections A and B, or the Englewood Municipal
Code 1985 i1 hereby amended to read as r,.:,,ws:
9-1-6 : INSPECTION AND RIGHT OF ENTRY:
A. ln addition to s uch other powers and duties which may be reasonably nec essary or
desirable to insure proper compliance with the provisions of this Title, the Chief
Building IMpe<tM OFFICIAL or the City Manager is empo,-,ered and directed to
make such inspection s, investigations and surveys to determine the condition use
and occupancy of dwellings , dwelling units, rooming units and the premises upon
which the same are located as he believes may be neceosary. Por the purpose of
·making such inspections, investigation s and surveys, the Chief Building Inspector
OFFICIAL, and other authomed designee1, are hereby authomed to enter,
examine and survey all dwellings, dwelling unita, rooming unit.I and ;,remises
upon which the same are located, at all reasonable times; provided, ho wever, that
,dentification or the Chief Building h,opeetor OFFICIAL shall be established by a
badge of office which shall be displayed upon demand. In the event of any refusal
of cny person to allow the Chief Building 1...,,..t,,,, OFFICIAL to make such
entries, inspection s a,,d investigations, the Chief Building ln,peetor OFFICIAL is
-I 3-
hereby em pow end to apply to any cowt of competent. jumdiction to procure a court
order aut.horizin& ouch entry, in1pection or IUJ'Vey. The Chief Buildinc ~
OFFICIAL ■hall advi■e I.he occupant and/or owner of hi ■ rieht to refu■e entry until
a court order authorizing entry is obtained.
B. The owner, operator or occupant of every dwelling, dwelling unit or rooming unit
shall, upon presentation of proper ide ntification , including a court order if
neee1■ary, give the Chief Building fflepeeMr OFFICIAL 1·ee acceH to such
dwelling, dwelling unit or rooming unit d its premi ■e• for I.he purpose of such
inspection, inveatigation and survey . Every occupant . ~ a dwelling, dwel Hng unit.
or rooming unit ■hall give the owner !hereof, or his agent or employee accP.H to any
part of such dw elling or i!.I premi ■ea at all reaaonable times, fo r lh• 1~1rpvse of
malting 1uch repairs or alteration ■ a1 are necess ary to effect complie •i ce with the
provisions of this Title or with any rule or regulatior.i or ,.ny ord t:r iv ;r .d pursuant
to the provi1ion of this Title. No person shall in M/ hl .tt iner hinder, obstruct,
delay, re1i1t, prevent or in any way interfere or attempt to 11\ictrfore wiU, the Chief
Building IMpedet' OFFICIAL in lhe performance o,' :he duq,,, ■et forth in this
Title, or refu ■e or permit him to perform these dutiu by refusing entrance to the
premises under the conditions prescribed herein, nor shall any person nfuse
reasonabl e acceH to the own er of any premises or his agent. or employee, for the
purpose of mak.inc such repairs or aJteration s as may be reluired or ordered
pursuant to lhe provisions of this Title. Any violation by any owner, operator or
occupant of this Section shall subject such person to a pro■ecu tion for a violation of
lhis Code, in addition to such other and further remedies as may be available to lhe
Chief Building ffl,ipeeto,' OFFICIAL or to lhe City.
~ TiUe 9, Cha pter 1, Section 7, Sub■ection 1, of ll>t Englewood Municipal Code 1985
is h ereby amended to read a s follo ws:
9-1-7 : PROCEDURESTOABATEVIOLATIONS,DEFECTS:
9-1-7-1: NOTICE OF VIOLATIONS; SERVICE:
A . Wheneve r the Chief Building fflepeeMr OFFICIAL r' ,1.e<111i nes that there has been
a violation of any provision of lhis Title, or of any ru,. vr regulation adopted
pursuant hereto, he shall serve notice of such alleged violation to the person or
persons who are or n ,J y be responsible therefor. Such notice shall be signed by lh e
Chief Building IMpecto,-OFFICIAL and shall:
B.
1. Be in writinc;
2 . Particularize the violations alleged to exist or to have been committed; and
3. Provide a r easonable tin,e, but not leu than thirty (3 0) day a in any event, for
the correction of the violation particularised.
Service shall be u provided for personal ■ervice by Section 1-10-1 of this Code or by
registered or certified mail, return receipt request ed , d •livered to addressee onl y.
If one or more person a to whom the notice ia addressed cannot be found or served
aft.er diliient effort to do so, 8"rvice may be made upon such person or persons by
po,t.i ng a notice in a conapicuoua place in or about the dwelling, dwelling unit,
room ing unit or premises aJl'ected by lhe notice.
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llmiA!Lll Title 9, Chapter 1, Sewon 7, 9uboection 2, atthe Enslewood Municipal Code 1985
i1 hereby amended lo read 11 (ollowa:
9-1-7-2: DESIGNATION OF IMMINENT BAZAftDS: Whenever the Chief Building
lMpeet.o, OFFICIAL determinea that a dwelling, dwelling unit or rooming unit
doe s not conform lo the standards established by thi1 Title, or d011 not conform with
the rules and regulations adopted and promulgated hereunder, and which by
reason of such nonconformity pre'lenl an Imminent hu■rd lo public health, aa(ety
or weirare or lo the physical or ment■l health of the occupant■ therein, the Chief
Building i...,,._. OFFICu. L, ,.;thout prior notice or hearing, may designate such
dwelling unit or rooming unit as unfit or hul'l'c\11 habitation.
~rill Title 9, Chapter 1, Section 7, Subsection 3, r,f the Englewood Municipal Code 1985
is hereb. amended lo read as follow s:
9-1-7-3: PLACARDING; ORDER TO VACATE:
A . Any dwelling, dwelling unit or rooming unit designated aa unfit for human
habitation by the Chier Building IMpeete1' omclAL shall be placanled as such
and shall be vacated by the occupants thereof within the time specified in such
placard. Such placard shall be deemed an onler directing vacation and shall
provide, not less than ten (10) days from the date o( 1uch placarding, for the
vacating o( such dwelling, dwelling unit or rooming unit unless a leaser time is
stated in the onler as in the judgment o( the Chie( Building fft9pectef OFFICIAL is
r e ona.ble and proper in view of the (acts o( the 1ituation and the huanl involved.
B. It shall be unlawful for any person lo deface, remove or obscure any placanl affued
under the provisions of' this Title.
~ Title 9, Chapter 1, Section 7, Subsection 4, o(the Englewood Municipal Cod e 1985
is her eby amended lo read as follows:
9-1-7-4: CORRECTION OF llEFECTS: No dwelling, dwelling unit or rooming unit which
has been designated as unfit (or human habitation and placanled as such shall
again be used for human habitation until written approval is secured and such
placarding remove d by the Chie( Building IMpeete1' OFFICIAL who shall remove
such placanl whenever the defect or defects upon which the designation and
placarding were bas•d have been eliminated and the dwelling, dwelling unit or
rooming unit has be tween made lo conform lo the standanls established by this
Title and the prov,oions adopted and promulgated hereunder.
~ Title 9, Chapter 1, Section 8, o(the Englewood Municipal Code 1985 is hereby
omended lo read as follow s:
9-1-8 : EMERGENCY PROCEEDINGS: l( any owner refuses or neglects or comply with a
-final order or t e Chier Building fft9pectef OFFICIAL or with any decision or the
Board o( Atlju•tm,.nt and Appeals, and i( an immhent huard lo public health,
s afety and weir-.,-exists, the Chier Buildini: ....,,._ Ol"FICIAL with the
approval o(th•, Boan! of Atljustment and Appeal, given upon an ex parte applicati on
ther efor, sh,:.il c&u !le to be done whatever is necessary to obviate !lai d imminent
hazard, irocluding the demolition of a~y building, or nay part thereof, concerned .
Demolition shall be accompli shed by instituting appropriate proceedings.
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~ Title 9, Chapter 1, Section 9, Suboection 1, oft.he Enclewood Municipal Code 1985
is hereby amended to read as follows:
9-1-9 : AU'l'BORITY OF BOARD OF ADJUSTMENT AND APPEALS:
9-1-9-1 : APPEAL TO BOARD OF ADJUSTMENT:
A . Any per <JO n aggrieved by any notice or -r.d•r iaaued punuant to the provisions of
th,~ 'l'ilit may appeal the aame tot.he Bc!Utl nf A<ljustment and Appeals , created by
aect:o t: 59 o!t.he City Charter within tlli , l.y (30) daya fn>m the riate of receipt oft.he
n ot ic., of any alleged violation , m· within seventy two (72) hour! fn>m the time of
placarding of any unit by present.ll:g written notice of such appeal to t.he secretary of
said Board in t.he manner provided Ly the City Charter and the rules of procedure
adoptsrl ~'. said Board.
B . In the <i, termin ati on of any s . ·h a ppeal , the Board of A<ljustment and Appeals is
hereby granted the authority to .·,terpret, conatrue and apply the provisions of this
Title. No perso n shall have the right to assert any claim against the Chief Building
~ OFFICIAL or against the City arisine out of the enforcement of the
provisions of this Title, unless such claim baa been submitted to the said Board of
A<ljustL..<1 ,: and Appeals in the manne, herein provided.
~ Title 9, Chapter 1, Section 10, oft.he Englewood Municipal Code 1985 is hereby
u ,ne nded to read as follows :
9-1 -10: RECORDING OF NOTICES, ORDERS AND DECISIONS:
A . Noti ces and Orders. Whenever the Chief Building lnape<to, OFFICIAL issues. n
n otice of violatio n or an order to vacate and no appeal therefrom is taken to the
Board of A<ljustment and Appeals within the time limits aet therefor, the Chief
Building 1-Mpeet<>r OFFICIAL shall cause to be recorded with the Clerk and
Recorder of the County of Arapahoe a sworn certificate certifying that such a notice
or oni,r nas been given and that the defect or subltandard condition has not been
corrected. If an appeal is taken to the Board of A<ljustment and Appeal• from any
such notice or order and such notice or order is affirmed and sustained by the
Board, the secretary of the Board, upon the direction oft.he Board, shall cause a
certificate to be recorded, which certifi cate shall contain, in addition to a
description of the defect or substandard condition involved, a summary of the
d ecision of the Board and th e date of such decision .
B . Release of Notices and Orders. When the defect or substandard condition upon
which any notice or order is based has been corrected and aatillfactory proof of such
correction shall have been presented to the Chief Building IMpl!d.or OFFICIAL, h e
shall execute a certificate attesting to t.hat fact and, in those cases where a certificate
1-.as been recorded, a sw orn certificate certifyine to such correction shall be
-recorded with the Clerk and Recorder of Arapahoe County; provid ed, however, that
the cost of recording all certificates of defects and certificates of correction shall be
tho respon sibility of the person requesting the iuuance of a certificate of correction
and no such certificate ,h a ll be iasued until all recording coats incident to t.he
certificate of defect and certificate of correction has been paid by the person seeking
the issu ance of su ch certificate .
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C . Variancea. Whenever the Board of A(ljuatment and Appeal• ahail , pursuant to the
authority e,-ant.d to it by thia Title, crant a varianco from the apecific terms or this
Title, a notice of the e,-antinc of ouch varianco, which ahall atate the nature, terms
and condition• or the variance e,-anted, ■hall be reconlec! with the Clerk and
Recorder or the County or Arapahoe by the o,cretary of the Board. The npenae for
the recordinc or ouch noti ce ahall be borne by the applicant therefor and no deci sion
of the Board which cranll auch a variance shall become final or effective until such
co1ll ■h a 11 have been paid.
5"tilm..a.t Title 9, Chapter I , Section 11, Subsection 8 , of the Englewood Municipal Code
1985 is hereby amended t.o read u follow s:
9-1-11 : VIOLATIONBANDPENALTIES :
B. Declaration of Nuisance. The continued occupancy of any building or 1tructure,
without effecting the neces sary repain or other correction of defecll, beyond the
time limits set forth in any notice, designation or placard or of any aten1ion or
ti m e thereo f, i H ued by the Chief Building~ OFFICIAL pursuant tc th e
provis ion • pf this Cod e, i1 h ereby declared tc be a common, public nuisance and, in
additi on to s uch oth er r emedies s•t forth in this Title for the enforcement of the
provision s h ereo f, wh eth er civi l or criminal, the Chief Building~
')FFICIAL is hereby authorized, on behalf or and in the name of the City tc take s uch
h"t e ps , in cl uding the institution of an action at law or in equity, as may be necessary
tc obtain a judicial abatemen t thereof .
.5J:s:l.i.lm..3. Title 9, Chapter 3, Article C, Section 2, Suboection C, of the Englewood
Municipal Code 1985 is h ereby amended tc read a s follo ws :
9-3C -2: ELECTRIC IJGHTS AND Oun.ETS:
C . Exi ts. In multi pl e dwelling• having a means of egress common tc more than two
(2) d we lling units or rooming units, every exit doorway shall be provided with an
exit li ght having letlen at least four inches (◄") high. The letten of such sign sh all
be .!·hile on green field . All ail lights shall be installed in 1uch a manner so th at
the lettering, indicating "exit" can be seen from any angle. The Chi ef Building
l,,!pfftff OFFICIAL, or any authorized designee, 1hall have the authority .le
req uire a dditional exi t lighll when ever nece ssary tc provide for the safety of the
occ upants and oth er s.
~ Title 9, Chapter 6, Section I Definition of Inspector, of the Englewood Municipal
Code 1985 is hereby amended to read a s follow s :
9-5-1: DEFINITIONS :
INSPECTOR Ol"FIBIAI,
CHIEF BUILDIN G OFFICIAL,
CHIEF INSPECTOR, CHIEF
BUILDI NG INSPECTOR OR
BUILDING OFFICIAL
'1'1,e--()1,ief-Bttildin~ty
~
THE CHIEF BUILDING OFFICIAL, OR SUCH
OFFICERS, INSPECTORS, DEPUTIES AND
ASSISTANTS IN THE PUBLIC WORKS
DEPARTMENT WHO MAY BE
AUTHORIZED TO ENFORCE SPECIFIC
PROVISIONS OF THIS CODE.
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~-Title 9, Chapter 5, Section~. of tho En,lewood Municipal Coda 1985 i1 hereby
repealed.
SllWGD..il, Title 16, Chapter 2, Section 3, of the Englewood Municipal Coda 1985 is hereby
emended lo nad as follow s:
16-2-3: CJ'.RTIFICATE OF OCCUPANCY: After the eff'ective date ofthi1 Ordinance , or any
ar,ndm eu ho ret~. • certificate of occupancy shall be i11ued for all buildings and property
whe,1 \he,.. is any ch unge in \he use of the property, ony change in \he type of use of an
e,i .ting building•• stated in the Englewood Buildine Codc(1), and prior lo \he use or
.~, .n,nLJ of• new building. The certificate of occupancy 1hall be pos\!lcl !n 11, conspicuou, ,,1~•• ·,, the premises and shall r.ot !:,e removed except by the~,,r '9oei,>tttttt,y
1 ·i,,-..:. , ,nettt-CIIIEF BUILDING OFFICIAL or an authorized representative except in
,i: ''-;, ... family and two -family residence s, which do not have to post the certificate of
occupancy.
~-Title 16, Chaplcr 2, Section 8, Subsection A, of\he Englewood Municipal Code
1985 is hereby amended lo read •• follows:
16-2-8: JURISDICTION OF THE BOARD :
A . Appeals. In addition to &uch other jurisdiction as authorized by law , \he Boord shall
have the jurisdiction and power:
1. To hear and decid e appeals from and to review any order, requireme nt ,
decision or determination by THE CHIEF BUILDING OFFICIAL OR any
employee of the Department of Community Development in the enforce:nent of
\his Ordinance, and to hear and decide all matters referred lo it, or ~;,on which
it is required to pass under \his Ordinance or any amendment hereto. Appeal s
lo the Board may be made by any person aggrieved by \he interpretation or
decision in the interpretation of this Ordinance .
2 . To reverse or affif'm, who11y or partly, or to modify any order, requirement,
decision or determination of eny employee of \he Department of Community
Development and to make such order, requirement, decision or determi nation
as in its opinion ought lo be made and, lo that end, shall have all \he powers of
the enforcing agant.
3 . Publ ic notice of time and place and purpose of such hearing shall be giv en by
one publication in \he official newspaper of the City at lea&t ten (10) days before
such hearing.
~-Title 16, Chapter 4, Section 13, Subsection 0 , Numbers 28, 31 \hru 37 of the
Englewood Municipal Code 1985 are hereby amended lo read as follow s:
28 . Ref,\Se Dispo sal. The storage, collection and disposal of refu se in the mobile
hom e park shall be so managed as not lo creole health hazards, rod ent
harborage, insect-breeding areas, accident hazards, or air pollution . All
refuse shall be stored in 0y-tight, water-tight, rodent-proof containen, which
shall be provided in sufficient number and capacity lo accommodate all refuse
from the park . Satisfactory container racks or holders shall be provided et
perm&.nent locations , convenient to the mobile home spaces , in are as
appropriately screened from view , and shall comply with •II health
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"
n,gulations . Methods or storage, collection and dl1p01al are 1ubject to approval
of the Gode 8nforeement NEIGHBORHOOD SERVICES Dlvltion .
S:. Parking of mobile homes .
a . Ne mobile home shall be parked or permitted to 1tand upon any public alN!el,
highwa;•, road, alley or other 1uch right-of-way for more than twenty-four (24)
hours unl,iH a special permit is obtained from the-Fottee Department OF
SAFETY .'!ERVICES or the City.
b. No mobil e home shall be maintainoo upon any private or public property in
the City when the same is used for living purposes unleos the property is
re gistered as a mobile home park. No mobile home shall be stored within any
required front, side or rear yard u specified by the Comprehensive Zoning
Ordinance .
c. Wher e an existing individual mobile home is parked on a private lot and
occupied 88 a dwelling on the effective date of this Section, it shall be registered
with the Gode 8nforeement NEIGHBORHOOD SERVICES Divi sion with in
ninety (90) days after the effective date of this Chapter.
32. Building permit r equired.
a. No person shall commence the development of land for a mobile home park,
or alter, install or remove any structural improvement in any mobi1e home
park without first securing a building permit from the Gode 8nfereem ent
Di vis ion OF BUILDING AND SAFETY authorizing such alterations,
insta11ation or removal.
b. An application for a permit authorizing any structural installation,
alteration or removal within a.n existing park or for the development of )and for
a mobile home park shall set forth the following information, insofar 88 the
same is applicable and is known or can be ascertained by the applicant through
the exe rci se of due diligence. The application for a permit to develop land for a
mobile home park shall be accompanied by the approved Development Plan .
(1 ) A survey by a registered land s.irveyor mowing the location , boundaries,
dimension s and area of the proposed mobile hom e park.
(2) Th e number, location and size of all mobile home spaces.
(3) Names and right-of-way and roadwny widths of a(ljacent streets.
(4) Zo ning and land use of surrounding property.
(5 ) Propose d routes or access to and egress from the mob ile hom e park.
(6) The location and width of roadways and walkways, n,,reati on a l areas,
and off-str eet parking areas within th e park.
(7) The location of service buildings and any other pro Msed structure, and
the lo cation, dim ensions and plan for development ofthe req uired recreation
ar ea.
.J 9.
(8) The 1-uon, ai&e and type of water and 1ewer line,, tnpa, venta and
risen for water and aewer.
(9) Plana and 1pecification1 of all building1 and other improvements
constructed or to be constructed within the mobile home park.
(10) Suoil othe, infonnation as may reasonably be required.
c. The pennit 1hall be valid only •• • the pltn aubmitt&. wi th the application and
shall not be transferable to any person other than the p,1,nnittee, nor to any other
lot, tract, or parcel of land within the corporate limits of the City of Englewood.
d. The pennit shall expire six (6) mon thJ aft.er the date o! issuance if
constroction has not becun and is not cliJi&,,ntly puu\lt,,\.
e. All buildings and utilities to be conatruct..i, alterorl n repaired in a park
shall comply with all applicable codes and enpnoering s,>eeifications of the
City of Englewood and State of Cdol'Rdo, ant! all applic le permita shall be
obtained.
33. Certificates u, oc cupancy.
a. It shall be unlawful to permit any person to occupy, mninlain or operate a
mobile hom e po •~ within the corporate limits of the City of Englewood unless
and until a n l;' ertificate of occupancy has been obtained.
b. In connection with My park eatabliahed aft.er the effective /Jate of this
Ordinance, no c•rtificate of occupancy shall be inued unless and until all of
the road'Nays are constructed within the park and not Jes, than fifty percent.
(50%) of the park has been completed and i1 in compliance with the ll!rma of thi s
Ordi n ance.
3-4 . Existing parks ; certificate of occupancy.
, . Within thirty (30) days aft.er the efl'ecti ·• date of tl,is Ordinance or within
thi,ty (30) day• af1 -annexation to the City of Englewood subsequent to the
effective date of .. iu : Ordinance, the owner or operator of each existing mobile
home park shall bo mailed forms on which t,, apply to the Code Enfereement
Division OF BUILDING AND SAFETY for a certificate of occupancy.
Application shall ha in writin& and shall contain auch information as the
division may require to determine wherein the park does not conform to all
requirements of this Ordinance.
b. The-Gede Enfercement·Diviaion OF BUILDING AND SAFETY shall issue a
certificate of occupancy t,, the owner or operawr of legally existing parks. Th e
certificate shall list the requirement. oft.his Ordinance with which the park
doe s not conform . Nonconfonnance with health and safety requirements of
this Ordinance shall be li sted separately from nonconformance with other
requ irem e nts.
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c. It shall be unlawful to permit any pe.--to OCCUPJ any mobile home in any
mobile home park within the corporate limits o( the City of Enclewood until all
Cacilitiea theref'or have been inspected and approved by th~ Qotle Bnre: t¢:ocnt
Division OF BUILDING AND SAFETY and a permit to occupy the unit has been
iaaued .
35. Existing parb; alteration, exten1ion1 . No Hilting pan. which does not meet
the requirements of thi1 Sect.ion shall be remodeled, reconlltructed, redeveloped,
altered, extended or reduced in size, except in a manner which increases the
degree of compliance with lhi1 Section .
36. Compliance with regulations. The penon to whom a mobile home parit
occupancy permit ia iasued ahall at all timea operate the pan. in compliance
with this Sect.ion and regulations iuued hereunder, and ahall provide adequate
supervision to maintain the pa;·«, ·its facilities and equipment in good repair
and in a clean and aanitary condition at all times.
37. Annual inspection.& required.
a . Tht Sode Enfo,eement NEIGHBORHOOD SERVICES Division is hereby
authorized and directed to inspect each mobile home park located within the
City of Englewood annually in order to determine the degree of com~liance or
noncompliance ..;th the terms of thi1 Section and to enforu compliance with th e
provi sions of this Section. The inapector ah all have the power to'enter at a
rea sonable tim e, upon reaSOnable notice, any private or public property for th e
purpose of inapecting and inveat.igat.ing con , · ons related to the enforcement of
this Section or any regulation which may be promulgated hereunder. "n,e
inspector 1hall m<e such additional inspection, aa may be necessary to
assure complianu with this Section .
b. It shall be unlawful for any person to refuse the in spector access to a mobile
home perk for the purposes of inapection.
~-Title 16, Chapter 4, Section 20, Subsections C-1; G-5, 10 & 11 -b.; H; K & K-2; of
the Englewood Municipal Code 1985 are hereby amended to ,-ead as follows :
16-4 -20-C-l: File an application with the Director of{;o mmw,it) Be,elopmenl:-PUBLIC
WORKS on a form provided by that DepartmenL
16-4-20-G-5 : Separation or Occupancie1. Occupancy separations 1hall be provided as
specified in the Building Code . When approved by the Chief Building
lntpector OFFICIAL, existing wood lath and plaster in good condition or
one-half inch (1/2") gypsum wallboard may be acceptoble where one -hour
occupancy separation , are required .
16-4 -20-G-10: Elevators. Each elevator lobby or area shall be provided with an approved
amoke detector located on the lobby ce mng or area. When the detector is
activated , elevator doors shall not open and all can serving that lobby are to
return to the main floor and be under manual control only. If the main
floor detector or a transfer floor detector i• activated, all can serving th•
main floor or transfer floor shall return to a location approved by the -io'ire
Beparlfflfflt DEPARTMENT OF SAFETY SERVICES FIRE DIVISION
and Chief Building IMPOCto, OFFICIAL •nd be under manual control
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on)v . The 1moke detector i1 to operate before optical de1>1ity reachea three-
hur. dn,dt.h1 (0.03) per foot .
16+2~11-b: A lllitable meana o( acce,;a ia provided for encl approved by 1:111•-l'ift
9epa,.111e11._ D&PARTMENT OF SAFBTY SERVICES FIRE DMS,ON.
16-4-20.H:
16-4 -20-K:
16-4-20-K-2 :
Alternate Material, and Mui.hods. Altemat~ materials and met.hod, may
be approved by th~ -~-it., 9e,elop111ont CHIEF Bun.DING
OFFICIAL, provided auch material& or method& comply with the 1pirit and
intent of llus Ordinance.
Administrative Procedure . When the information required under
subaection 16+20C hu been 1ubmitted to the Department oFGofflnn,uit:,
9e,elopment PUBIJC WORKS, the following procedW11 shall !:..e
implemented:
The J)irector of Ge1111111111it:, 9e.elop111e11t PUBIJC WORKS shall i1&ue ,
within thirty (30) days from the submission of the completed applia.tion, a
written decision as to whet.her or not the application to convert meets the
requirements of this Ordinance and is accepted or rejected.
~ TiUe 16, Chapter 6 , Section 1, Subsection B, oft.ha Englewood Municipal C de
1985 is hereby amended to read as follows:
16-6-1 B: A conforming building or 11:rudure containing a nonooruorming,... may be
repairod, but it may not be •trucwrally altered uni-the building, 1tnlcture, or a portion
thereof, i• declared unsafe by the Qty CIDEF Building~ OFFICW~ in which cru;e
the building, structure, or portion thereof declared unaafe may be 1tzengt.hened, altered, or
restored to a safe condition.
~-TiUe 16, Chapter 6, Section 2, Sublection B, oftbe Englewood Municipal Code
1985 is h ereby amended to read as follows:
16 ·6·2-B: A nonconforming buildm~ or structure ;;.ay be repair,d, structurally altered, or
expanded only if the alteration, r e~-air or expansion complies with this Ordinance. 1't.he
nonconforming buildir.g or structure or any portion thereof, ia declared un&afe by the (lily
CHIEF Building lMpector OFFICIAL, the building may be atrengt.hened or restored to a oafe
condition .
~ TiUe 9, Section 5, ,~· the Englewood Municipal Code 1985 ia hereby repealed.
Introduced, r ead in 1-u ll, and passed on fint readin g on the 21st day of June, 1993 .
Published as a Bill for an Ordinance on the 24th day of June, 1993.
Read by title and paned on final reading on the 6th day of July, 1993.
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1993.
Publiahed by title u Ordinance No . ..J!_SeriHof 1993, on the 8th day of July,
ATT EST:
.t't;,_"·,<,-iJI rJu_J
Patricia H. Crow, City Clerk
1, Patricia H. Crow, hereby certify above and foregoin g is a true copy of.tl)e
Ordinance passed on final reading and published by title as Ordinance No . ;d_, Series of
1993. r2-t~~~~
Patricia H . Crow
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• COUNCIL COMMUNICATION
Date Agenda Item Subject Departmental
Reorganization
June 21, 1993
INl1lA TED BY City Manager's Office
STAFF SOURCE Roger W. Fraser, Gty Manager
ISSUE/ ACTION PROPOSED
Staff seeks Council's approval of a bill for an ordinance formalizing the transier of the
division of Building and Safety from the department of Community Development to the
• department of Public Works in addition to ma1cing several "housekeeping" amendments.
PREVIOUS COUNCIL ACTION
Gty Council has, from time to time, adopted amendments to the City Code implementing
changes in the City's administrative structure.
BACKGROUND
The division of Building and Safety is responsible for the review of building plan~ and
specifications; the inspection of new and existing structures for compliance with City
building codes; and the administration of contractor licensing. Building and Safpty's
primary role is to obtain compliance with regulations that are designed to insure public
healtl, and safety . In the recent past, performance, supervision and administrative support
of this division have been the source of recurring discussion.
STAFF ANALYSIS
Building and Safety was previously lo "ll 1f •,J in the Cornmu·Li ty Development Department.
In 1990 and 1991, there was recuning controversy over the c,'Uaiity, effectiveno?SS, flexibility
and acca:npanying attitude in this ..:ru t's perfomumce. In assessing the problems, it was
found that supervision and accountaom ty seemed to be lacking. Adequate supervision for
•
this unit was not available within the existing Community Development staff. Additionally,
given the b!chnical nature of B'1ilding and Safety's day-to-day responsibilities, it seemed
appropriate to connect this service to the engineering-oriented Public Works Department.
Pr m11d on Re cycled Pape,
'This ...-ganiution wu implemented approximately one year ago on an experimental basis.
Under Chuck Esterly's leadership, the complaints about the performance of staff in the •.
Dlviiion al Building and Safety have virtually ceased. The customer service crientation
emphasiad in every aspect of City operations has talcen a firm hold in this divisfon , as
well. In addition, w e have successfully expedited special construction projects, found new
ways of helping homeowners and businesses renovate existing, older structures, provided
additional training tc, division staff and caught up a b-ubstantial back-log of outstanding
building permits.
Additionally , there are numerous recommended amendments to the Code which reflect and
clarify current operations and responsibilities of various departments and inspection
personnel. These amendmenl., include the Depanments of Public Works, Community
Development, and Safety Ser . : ces, as well as the Chief Buildin.; Official and Neighborhood
Services Officers .
FINANCIAL IMPACT
None. Funds to s upport this division were allocated in the 1993 Public Works budget .
..
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