HomeMy WebLinkAbout2022 Ordinance No. 058
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BY AUTHORITY
ORDINANCE NO. 58 COUNCIL BILL NO. 65
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
TITLE 11 CHAPTER 5 AND EMC § 15-1-2, REGARDING TREES TO
ADOPT MODEL CODE TO ENSURE PROTECTION OF CITY TREES
AND MOVE CORRECTION OF TREE VIOLATIONS TO NUISANCE
ABATEMENT CODES.
WHEREAS, trees can reduce the erosion of topsoil by wind and water, cut heating and
cooling costs, moderate the temperature, clean the air, produce oxygen, provide habitat for
wildlife, prevent flooding, beautify neighborhoods, and enhance business areas; and
WHEREAS, trees are vital to both public mental and physical health; and
WHEREAS, trees in the City of Englewood increase property values, enhance the
economic vitality of business areas, and beautify the community; and
WHEREAS, the City of Englewood, Colorado has been recognized for 37 consecutive
years as a Tree City USA by The National Arbor Day Foundation and desires to maximize its
tree-planting efforts; and
WHEREAS, the Code Enforcement Advisory Committee (“CEAC”) studied Englewood
Municipal Code (“EMC”) Title 11, Chapter 5 regarding Trees and Shrubs, and made several
recommendations for revision to ensure compliance with Tree City USA standards and to
provide additional protection against an anticipated ash tree infestation; and
WHEREAS, Tree City USA’s model tree ordinance serves as a basis to meet the goals
and objectives of the City and CEAC in maintaining a healthy tree population and it enables the
City to qualify for tree-related grants from various organizations; and
WHEREAS, this model tree ordinance, as revised below to meet the needs of the City of
Englewood, amends the current EMC Title 11, Chapter 5 to ensure a vibrant tree population within
the City; and
WHEREAS, to ensure consistency in City processes and procedures, responding to and
abating nuisance tree issues shall be moved to Englewood Municipal Code regarding nuisances,
as the Code amendments contained herein provide.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section 1. Title 11 Chapter 5 of Englewood Municipal Code is hereby amended as follows (new
provisions in italics, deleted provisions struck through):
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Chapter 5 - TREES AND SHRUBS
11-5-1: Short Title
11-5-12: Definitions.
As used herein, the terms below shall be defined as follows:For the purposes of this Chapter, the
following terms, phrases, words and their derivations shall have the meanings given herein.
When not inconsistent with the text, words used in the present tense include the future, words in
the plural number include the singular number and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely directory.
A. City: The City of Englewood, Colorado.
B. Damage: Any injury to or destruction of a Tree, including but not limited to: uprooting;
removal; severance of all or part of the root system or main trunk; storage of material on or
compaction of surrounding soil; a substantial change in the natural grade above a root system
or around a trunk; surrounding the Tree with impervious paving materials; or any trauma
caused by accident or collision.
Local Government: A county, city, city and county, incorporated town, school district,
special improvement district, water district, sanitation district, fire protection district, police
protection district, metropolitan district, irrigation district, drainage, public corporation or any
other kind of public district or political subdivision of the State organized pursuant to law.
C. Person: Any person, firm, partnership, association, corporation, company or organization
of any kind.
D. Plant: Any organism within the Kingdom Plantae, including trees, vines, shrubs, hedges,
landscape or lawn.
E. Public Property: all parks and open spaces, exterior areas, grounds and rights-of-way
owned or maintained by the City.
F. Public Tree: any Tree on Public Property.
G. Street Tree, Tree or Plant: Any tree, vine, shrub, hedge or lawn. Any of a kingdom
(plante) possessing cellulose cell walls is a tree or shrub in a public place except where
otherwise indicated A perennial woody plant usually having a main dominant trunk and
branches forming a distinct elevated crown with a mature height greater than 5 meters (16 feet).
11-5-23: Reserved Authority and Responsibility for Public Property.
A. Delegation of authority and responsibility. The Director of Parks, Recreation, Library and
Golf’s designee (hereafter the “Director”), shall have authority to plant, maintain and remove
Trees and Plants growing on Public Property, including removal of Trees encroaching upon
electrical, telephone, gas, or any municipal water or sewer line, or any nuisance under EMC § 15-
1-2.
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B. The Director shall adopt a list of approved Tree species for Public Property, and a list of
prohibited nuisance Tree species within the City that: contribute to infectious disease or pest
infestation of other Trees; threaten the health of other Trees; or threaten public health, safety, or
welfare within the City.
C. Interference. No Person shall hinder, prevent, delay, or interfere with the Director or the
City’s agents while enforcing this Chapter.
11-5-34: Reserved Tree Advisory Board.
A. The City of Englewood Parks & Recreation Commission shall act as a Tree Advisory Board
(hereafter the “Board”).
B. Duties. The Board shall act in an advisory capacity to the Director and shall:
1. Coordinate and promote Arbor Day activities;
2. Review and update a five-year plan to plant and maintain Trees on Public Property;
3. Support public awareness and education programs relating to Trees;
4. Review City department concerns relating to Tree care;
5. Submit an annual report of its activities to City Council;
6. Assist with the annual application to renew the Tree City USA designation;
7. Recommend to the Director a list of preferred Tree species to plant on Public
Property, and a list of prohibited nuisance species within the City; and
8. Other duties that may be assigned by City Council.
11-5-45: Property Owner's Responsibility for Public Right of Way.
It shall be the responsibility at the cost of the owner, tenant, and any other Person in
possession or control and agent of any property adjacent to any public sidewalk, street, avenue,
highway or alley to maintain, trim, spray, remove, plant, and prune and protect all Trees and
Pplants located upon such public right of way to ensure compliance with Englewood Municipal
Code.
11-5-56: Preservation and Removal Procedures Tree Planting and Care Standards.
When the City shall find it necessary to order the trimming, spraying, preservation or
removal of trees or plants upon public or private property, as authorized in this Chapter, a written
order to correct the condition shall be served upon the owner, operator, occupant, other person
responsible or upon the property where the condition exists.
A. Method of Service. The order required herein shall be served in one of the following
ways in order of preference:
1. By making personal delivery of the order to the person responsible;
2. By leaving the order with some person of suitable age and discretion upon the
premises.
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3. By affixing a copy of the order to the door at the entrance to the premises in
violation;
4. By mailing a copy of the order to the last known address of the owner of the
premises by registered or certified mail, return receipt requested;
5. By publishing a copy of the order in a local paper once a week for three (3)
successive weeks.
B. Time for Compliance. The order required herein shall set forth a time limit for
compliance of not less than twenty four (24) hours and not more than forty five (45)
days, as the City deems appropriate.
C. Appeal from Order. Any person to whom an order hereunder is directed may appeal, in
writing, to the City within seventy two (72) hours of the service of such an order.
Emergency notices, as set out in subsection F, are excluded from this procedure. The
appeal shall 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
order appealed. The City Manager or designee promptly shall meet informally with the
appellant to exchange necessary information and shall issue a decision in writing to the
appellant at his address stated in the appeal. Unless the order is revoked or modified, it
shall remain in full force and be obeyed by the person to whom directed.
D. Failure to Comply. When the person to whom the order is directed shall fail to comply
within the specified time, the City shall remedy the condition or contract with others
for such purpose and charge the cost, plus fifteen percent (15%) for administrative
fees, to the person to whom the order is directed. The person remedying a condition
under a contract made hereunder shall be authorized to enter premises for that purpose.
Failure to comply also constitutes a Municipal ordinance violation, for which the
violator may be cited and summoned into Municipal Court and, if convicted, punished
according to Chapter 4, Title 1 of this Code.
E. Special Assessment. If the cost of complying with a City order to trim, spray, preserve,
remove trees or take other appropriate action is not paid within thirty (30) days after
receipt of a statement therefor from the City, such cost, plus twenty five percent (25%)
of such cost, shall be levied against the responsible property owner or property upon
which said condition exists, as a special assessment. The levying of such assessment
shall not affect the liability of the person to whom the order is directed to fine and
imprisonment as herein provided. Such special assessment shall be certified by the EX
OFFICIO TREASURER OF THE City to the Treasurer of the County of Arapahoe,
State of Colorado, and shall thereupon become and be a lien upon such property, shall
be included in the next tax bill rendered to the owner or owners thereof unless paid
before, and shall be collected in the same manner as other ad valorem taxes against
such property are collected.
F. Emergency Notice. In the event the City finds a condition involving a tree, shrub or
other plant which constitutes an immediate threat to life, limb or property, the City
shall have authority to immediately have caused correction or remedy to such
condition at the owners' or agents' expense without administrative fee. If the costs are
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not paid by owner within thirty (30) days of notice of costs, the City shall initiate
procedure for a special assessment as authorized under subsection E of this Section.
A. Standards. Planting, maintenance, and construction activities regarding Trees
shall comply with the American National Standards Institute A-300 Standards for Tree Care
Operations, International Society of Arboriculture’s Tree Care Best Management Practices and
Managing Trees During Construction, and applicable utility clearance industry standards, all of
which are incorporated by reference as if fully set forth herein.
B. Planting locations. No Tree may be planted within the visibility triangle of a street
intersection or within 10 feet of a fire hydrant.
C. Trees near overhead transmission lines. Only Trees approved by an overhead
transmission/distribution line’s owner, licensee, or franchise holder may be planted under or
within 15 lateral feet of any overhead utility wire.
11-5-67: Removal Under Special Improvement Districts.
In the event the removal of any Plant or Tree is necessitated by a City paving or sidewalk
district, the expense of such removal will be borne by the City, not subject to recovery from the
owner or agent of the property unless such Plant or Tree was planted or placed with written
permit from the City after the effective date of this Chapter.
11-5-78: Prohibited Acts, Conditions.
A. Public Danger. The City shall have the authority to designate unlawful trees or plants and to
order the removal of existing trees or plants, where their existence is injurious to the health
and safety of citizens or property.
B. .
Abuse or Mutilation of Trees. Unless authorized by the City or property owner, it shall be unlawful
for any Person to no person shall perform any of the following on any public property within the
City or on any other private property not belonging to that person:
1. Damage or cause the Damage of a Tree or Plant, cut, carve, transplant or remove any
tree or shrub or injure the bark thereof;.
2. Pick the flowers or seeds of any Tree or Plant;.
3. Attach any rope, wire, sign or other contrivance to any Tree or Plant;.
4. Dig in or otherwise disturb grass areas, or in any other way injure or impair the natural
beauty or usefulness of any Public Propertyarea;. or
5. Top any Public Tree by cutting back limbs to stubs within a Tree’s crown to such a
degree so as to remove the normal canopy and thereby disfigure the Tree, except that Trees
severely damaged by storms or other natural causes, where best pruning practices are
impractical, may be exempted from this prohibition by the Director.
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D. Interference with City. No person shall in any way interfere or cause any person to interfere
with the City in or about the performance of duties as defined in this Chapter.
Section 2. Section 15-1-2 of Englewood Municipal Code regarding Nuisance is hereby amended
as follows, to authorize abatement of tree nuisances as defined by newly-created subsection (Z)(60
below, through the City’s pre-existing nuisance abatement (new provisions in italics and
underlined, deleted provisions struck through):
15-1-2: Definitions.
For the purpose of the application of the provisions of this Title, the following definitions shall
apply:
A. Abatement of a Nuisance: The removal, stoppage, prostration, repair, or destruction of
anything which causes a nuisance, or constitutes a nuisance, whether by breaking or pulling it
down, or otherwise destroying, effacing, or removing it.
B. Alley: A public way less in size than a street, which is not designed for general travel,
which is used primarily as a means of access to the rear of residences and business
establishments, and which affords a secondary means of access to property.
C. Building: A structure, including utilities enclosed with a roof and within exterior walls
built, erected and framed of component structural parts, designed for the housing, shelter,
enclosure and support of individuals, animals or property of any kind.
D. Building Official or Chief Building Official: Where these terms are used in this Title or
any Code in this Title, they shall mean the person designated by the City Manager, or his/her
representative with the title of Building Official or Chief Building Official.
E. Carport: As defined in EMC § 16-11-2(B).
F. City: The City of Englewood, Arapahoe County, Colorado vested with the authority and
responsibility for the enactment and enforcement of this Chapter, acting by and through its City
Council under the Home Rule Charter, statutes and ordinances of said City of Englewood.
G. City Manager: Chief administrative officer of the City of Englewood.
H. Dwelling: Any building to be used for living or sleeping by human occupants. Temporary
housing, as hereinafter defined shall not be regarded as a dwelling.
I. Dwelling Unit: One or more rooms located within a dwelling, which are occupied or
which are intended or designed to be occupied by one family with facilities for living, sleeping,
cooking and eating.
J. Elements: Wind, rain, snow, hail, sleet, or surface run-off water.
K. Emergency: An existing condition actually arising from unforeseen contingencies which
immediately endangers public property, health, peace or safety.
L. Extermination: The control and elimination of insects, rodents, vermin or other pests by
eliminating their harborage places; by removing or making inaccessible materials that may serve
as their food; or by poisoning, spraying, fumigating, trapping or similar means.
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M. Front Yard: See "Yard, Front" as defined in EMC § 16-11-2(B).
N. Garage, Private: A building, or part thereof, attached or detached and accessory to the
main building, providing for the storage of motor vehicles, and in which no business is
conducted.
O. Garbage: Animal and vegetable wastes resulting from the handling, preparation, cooking
or serving of food.
P. Graffiti: The defacing of public or private property by means of painting, drawing,
writing, etching, or carving with paint, spray paint, ink, knife or any similar method without
written permission of the owner/property owner.
Q. Habitable Room: Any enclosed floor space meeting the requirements of this Title for
sleeping, living, cooking or dining purposes, excluding such spaces as closets, pantries, bath or
toilet room, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage
spaces, utility rooms and similar nonhabitable space.
R. Hard Surface: A surface as defined in EMC § 16-11-2(B).
S. Infestation: The presence within or around a dwelling of insects, rodents, vermin or other
pests of such kind, or in such numbers as to cause a hazard to health.
T. Inoperable Motor Vehicle: Any motor vehicle that:
1. is incapable of moving in a lawful manner under its own power; or
2. lacks a current license plate; or
3. is wrecked, damaged, dismantled or incompletely assembled.
U. Junk: Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all
other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used
tinfoil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used
utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used automobile or
airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make
unusable in their existing condition, but are subject to being dismantled.
V. Junk Yard: A place where junk, waste, discarded, or salvaged materials are bought, sold,
exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking
yards, house wrecking and structural steel materials and equipment, but not including the
purchase or storage of used furniture and household equipment, used cars in operable condition,
used or salvaged materials as part of manufacturing operations.
W. Litter: Garbage, refuse, and rubbish, as defined herein, and all other waste material
which, if thrown or deposited as herein prohibited, tends to create a danger to public health,
safety and welfare.
X. Motor Home or Motor Coach: Any wheeled vehicle which is a single, self-contained
unit, with motive power, which is designed and generally and commonly used for occupancy by
persons for residential purposes, in either temporary or permanent locations, and which may
occasionally be driven over the public highways as a motor vehicle.
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Y. Noxious Matter: Material which is capable of causing injury to living organisms by
chemical reaction or is capable of causing detrimental effects upon the physical or economic
well-being of individuals.
Z. Nuisance: A condition which injures or endangers the public health, safety or welfare
which includes, but is not limited to, the following:
1A. The conducting or maintaining of any business, occupation, operation, or activity
prohibited by any Title of this Code; or
2B. The continuous or repeated conducting or maintaining of any business, occupation
operation, activity, building, land, or premises in violation of this Title; or
3C. Any fence, wall, shed, deck, house, garage, building, structure, or any part of the
aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar,
sidewalk subspace, or any object stored on or in said premises; or any lot, land, yard,
premises or location in its entirety, or in any part thereof, by reason of the condition in
which the same is found or permitted to be or remain, shall or may endanger the health,
safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort,
damage or injury to any one or more individuals in the City, in any one of the
following particulars:
a1. By reason of being a menace, threat and/or hazard to the general health and safety
of the community.
b2. By reason of being a fire hazard.
c3. By reason of being unsafe for occupancy, or use on, in, upon, about or around the
aforesaid property.
d 4. By reason of deterioration or decay becomes rodent infested, or which becomes a
place frequented by trespassers and transients seeking a temporary hideout or
shelter.
e5. By reason of lack of sufficient or adequate maintenance of the property, and/or
being vacant, any or which depreciates the enjoyment and use of the property in
the immediate vicinity to such an extent that it is harmful to the community in
which such property is situated or such condition exists.
4D. Any unlawful pollution or contamination of any surface or subsurface waters in this
City, or of the air, or any water, substance, or material intended for human
consumption in the City; or
5E. Any activity, operation, or condition which, after being ordered abated, corrected, or
discontinued by a lawful order of an agency or officer of the City, continues to be
conducted or continues to exist in violation of any of the following:
a1. Any title of this Municipal Code.
b2. Any regulation enacted pursuant to this Municipal Code.
c3. Any statute of the State of Colorado.
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d 4. Any regulation of the State of Colorado.
6. Any Tree as defined by EMC § 11-5-1(G), or limb thereof, that has an infectious
disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage
of pedestrians or vehicles; threatens public health, safety, or welfare; or designated by
the City of Englewood as a nuisance tree species pursuant to EMC § 11-5-2(B).
AA. Occupant: See Responsible Party.
BB. Off Road Vehicle (ORV): Includes, but is not limited to, an all-terrain vehicle (ATV),
mini-bike, dirt bike, hovercraft, dune buggy, go-cart, boat, personal watercraft, race car or other
vehicles that are not street legal in the State of Colorado, experimental vehicle, aircraft, and
trailers for any of the foregoing even if properly licensed. For purposes of this definition, one (1)
or more "ORV's" stored on a trailer shall be considered as one (1) ORV.
CC. Organic: Referring to or derived from living organisms.
DD. Owner: See Responsible Party.
EE. Person: Any individual, firm, corporation, association or partnership.
FF. Potable Water: Water which, without further treatment, is suitable for drinking, culinary
and domestic purposes.
GG. Premises: A lot, parcel, tract or plot of land, together with the buildings, structures
thereon.
HH. Premises, Private: Any dwelling, house, building or other structure, designed or used,
either wholly or in part, for private residential purposes, whether inhabited or temporarily or
continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other
structure, and private land on which no building exists. Private premises include business
property.
II. Property: Land and, generally, whatever is erected, growing upon or affixed to land.
JJ. Property, Business: Real property on which is located a building. Property that is zoned
or used for commercial use which is used principally for the sale or lease of merchandise, goods,
or services, or interest in land which is generally recognized as being zoned for a retail or
wholesale business.
KK. Public Place: Any and all streets, sidewalks, boulevards, alleys or other public ways and
any and all public parks, squares, grounds and buildings owned or maintained by the City or
other governmental agency provided for the benefit of the general public.
MM. Putrescible: Capable of being decomposed by microorganisms with sufficient rapidity to
cause a nuisance from odors or gases.
NN. Recreational Vehicle: A vehicular-type portable structure without permanent foundation.
Vehicle which can be towed, hauled or driven and primarily designed as temporary living
accommodation for recreational, camping and travel use and including, but not limited to, travel
trailers, truck campers, camping trailers and self-propelled motor homes.
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OO. Recyclable Material: Any material or group of materials which is generated as a by-
product, which can be collected and reused or reprocessed into reusable material.
PP. Refuse: All putrescible or nonputrescible waste, including garbage, rubbish, ashes, street
cleanings, dead animals, offal, droppings, abandoned appliances, and vehicle parts.
QQ. Responsible Party: Person, as defined herein, who is an occupant of or has actual
possession of; or is the owner, either alone, jointly or severally with others of any real or
personal property, or agent of the owner. For purposes of this definition ownership shall include
any person, as defined herein, who:
1A. Has a legal or equitable interest in real or personal property, with or without
accompanying actual possession thereof; or
2B. Acts as the agent of a person having a legal or equitable interest in real or personal
property; or
3C. Is the general representative or fiduciary of an estate through which a legal or equitable
interest in a real or personal property is administered; or
4D. The record owner whether person, firm or corporation, or any agent or representative
of the record owner.
RR. Rubbish: Nonputrescible waste consisting of both combustible and noncombustible
wastes, such as paper, wrappings, leaves, branches, wood, waste building materials, glass,
bedding, crockery, household furnishings and similar materials.
SS. Scrap Motor Vehicles: Motor vehicles not capable of being operated on public streets
under the laws of the State of Colorado.
TT. Screened: Visually obscured by screening as defined in EMC § 16-11-2(B).
UU. Special Mobile Equipment: Means and consists of vehicles, self-propelled or otherwise,
designed primarily for operation or use on or off the streets and highways and only incidentally
used or moved upon such streets or highways. This definition shall include by way of example,
but not by way of limitation, snowplows, road construction or maintenance equipment, ditch
digging or excavating apparatus, well drilling or boring equipment, fire-fighting equipment,
vehicles designed to transport equipment and vehicles used in connection with or for the repair
and maintenance of construction or maintenance equipment temporarily or permanently mounted
on such vehicles; provided, that such equipment is transported from yard to job, job to job, or job
to yard and equipment primarily designed for hoisting, lifting, moving, loading or digging
operations. The foregoing definition is partial and shall not include other vehicles of unusual
design, size or shape that are designed primarily for purposes other than transporting
merchandise or passengers.
VV. Storage/Motor Vehicle: To leave, park, stand, or halt a vehicle or motor vehicle in a
certain place for a period of seventy-two (72) hours or longer.
WW. Street: Any public thoroughfare for the free passage of persons, trade or commerce, and
which affords a principal means of access to property abutting along its length. This term does
not include private roads.
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XX. Temporary Housing: Any tent, trailer, coach or other structure used for human shelter,
which is designed to be transportable, and which is not attached to the ground, to another
structure, or to any utilities in a licensed trailer park.
YY. Trailer: A Trailer or Utility Trailer as defined in the 1995 Model Traffic Code duly
adopted and currently in effect in the City, as adopted.
ZZ. Trailer, Small: For the purpose of Title 15, Englewood Municipal Code only, a small
trailer is any wheeled vehicle, without motive power and having an empty weight of two
thousand (2,000) pounds or less, which is designed to be drawn by a motor vehicle and to carry
its cargo load wholly upon its own structure and which is generally and commonly used to carry
and transport property over the public highways.
AAA. Trash: Discarded materials including, but not limited to household wastes, furniture,
construction supplies and materials, garden, lawn and landscaping supplies and wastes, scrap
wood, metal, or other materials, clothing and bedding. The terms waste and trash are
interchangeable for purposes of this Ordinance.
BBB. Trash Container: A container of metal, wood or plastic with a top or cover that can be
securely fashioned on the container to prevent the contents from being carried or scattered by the
elements or animals. Paper or plastic bags are not permitted trash containers except for grass
clippings and leaves, if properly secured.
CCC. Trash Hauler: Any person, partnership, or corporation transporting trash for disposal for
any fee or other compensation in the City of Englewood.
DDD. Truck: Any motor vehicle equipped with a body designed to carry material, tangible
property and which is generally and commonly used to carry and transport property over the
public highways.
EEE. Usable Open Space: On-site space that is absent of any building or structure. Open space
could contain, but is not limited to the following: sidewalks, trellises, swings, arbors, swimming
pools, tennis courts, and landscaping. Surface parking is not to be considered as usable open
space.
FFF. Vehicle: Means any device which is capable of moving itself, or of being moved, from
place to place upon wheels or endless tracks; such term, for the purpose of this Title, shall not
include any farm tractor or any implement of husbandry designed primarily or exclusively for
use and used in agricultural operation or any device moved by muscular power. This definition
also means any self-propelled vehicle, which is designed primarily for travel on the public
highways and which is generally and commonly used to transport persons and property over the
public highways.
GGG. Vehicle, Motor: Any self -propelled vehicle that is designed primarily for travel on the
public highways and which is generally and commonly used to transport persons and property
over the public highways.
HHH. Waste: The terms "waste" and "trash" have the same meaning and are interchangeable for
purposes of this Ordinance. (See also Trash)
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III. Weed: Weeds, grass, brush or other rank or noxious vegetation that has grown to maturity
or is in excess of six inches (6″) in height.
JJJ. Yard: An existing or required open space, other than a court, on the same lot with a
principal building or structure, open, unoccupied and unobstructed from the ground to the sky,
except as otherwise provided herein.
KKK. Yard, Front: A yard extending across the full width of the lot between the front lot line
and the nearest line or point for buildings as required by setback requirements.
LLL. Yard, Rear: A yard extending across the full width of the lot between the rear lot line and
the nearest line or point of the principal building.
MMM. Yard, Side: A yard between the side line of the lot and the nearest line of the building and
extending from the front yard to the rear yard, or in the absence of either of such yards, to the
front or rear lot line, as may be.
Section 3. The following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
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E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the 17th day of October, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th
day of October, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 19th
day of October, 2022 for thirty (30) days.
Read by Title and passed on final reading on the 7th day of November, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 58, Series of 2022,
on the 10th day of November, 2022.
Published by title on the City’s official website beginning on the 9th day of November,
2022 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
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ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by Title
as Ordinance No. 58, Series of 2022.
Stephanie Carlile
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