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HomeMy WebLinkAbout1998 Ordinance No. 039.. . • ORDINANCE NO. M SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING TITLE 15, OF THE ENGLEWOOD MUNICIPAL CODE 1985 AND ENACTING A NEW TITLE 15 ENTITLED "NUISANCE ABATEMENT." WHEREAS, City Council has identified the abatement of nuisances to be of primary concern to the citizens of Englewood; and WHEREAS, City Council desires to give the Englewood Municipal Court the power and authority to abate nuisances ; and WHEREAS, this legislation is intended to set forth procedures with regard to the abatement of nuisances; and WHEREAS, specific sections of the Englewood Municipal Code have been reorganized to meet procedural and administrative requireme nts; and WHEREAS, specific subst antive issues will b e addressed by the Code Enforc ement Advisory Committee in the future ; and • WHEREAS , the Englewood City Council and the Englewood Code Enforcement Advisory • Committee desire to standardize the nuisance abatement process ; and WHEREAS , the Englewood City Council and the Englewood Code Enforcement Advisory Committee desire to implement a swift and just system of nuisance abatement while maintaining due process for its citizens: and WHEREAS , City Council and the Code Enforcement Advisory Committee desire to set forth an administrative procedure to determine vested rights and taking issues as they pertain to private property; and WHEREAS, City Council finds the adoption of this Ordinance preserves the health, safety and welfare of the community; and WHEREAS , the Englewood Code Enforcement Advisory Committee recommended approval of the Nuisance Abatement Ordinance at the May 13 , 1998 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec tion 1. The City Council of the City of Englewood, Colorado here by approves the repeal of Title 15 in its entirety and establishes a new Title 15 , entitled "Nuisance Abatement." SUBJECT TITLE 15 NUISANCE ABATEMENT APPLICABILITI AND DEFINITIONS NUISANCE PROHIBITED ADMINISTRATIVE ABATEMENT OF NUISANCES JUDICIAL ABATEMENT OF NUISANCES VESTED RIGHTS AND TAKINGS DETERMINATION CUTTING AND REMOVAL OF WEEDS AND GRASS TRASH, JUNK AND SALVAGE ANTISCAVENGING VEHICLES; DERELICT AND HOBBY ABANDONED ICEBOXES, REFRIGERATORS AND FREEZERS ANIMALS OR FOWL CESSPOOLS AND PRIVES WATER RELATED NUISANCES NOISE CONTROL CHAPTER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Section 2. The City Council of the City of Englewood, Colorado hereby approves the applicability chapter of this Title, which shall read as follows: Chapter 1 15-1-l:APPLICABILITI AND DEFINITIONS: A. THE ABATEMENT OF NUISANCES IN THE CITI OF ENGLEWOOD IS HEREBY DECLARED TO BE OF LOCAL CONCERN. IT IS THE DU1Y OF ALL RESPONSIBLE PARTIES INCLUDING PERSONS, PROPERTY OWNERS, FIRMS, CORPORATIONS, OCCUPANTS, LESSEES, OR ANY AGENTS OR REPRESENTATIVES OF THE RECORD OWNER OR OWNERS , TO MAINTAIN PROPERTY WITHIN THE BOUNDARIES OF THE CITI OF ENGLEWOOD SO AS NOT TO CAUSE OR MAINTAIN AN ACT OR CONDITION WHICH ENDANGERS THE PUBLIC HEALTH, SAFETI OR WELFARE OR RESULTS IN ANNOYANCE OR DISCOMFORT TO THE PUBLIC OR DAMAGE TO ANY PROPERTY OR INJURY TO ANY PERSON. B. ABATEMENT SUBJECTS: THE ENGLEWOOD MUNICIPAL CODE SECTIONS WHICH DEFINE OR DESCRIBE NUISANCES, WHICH MAY BE ABATED, ARE CONTAINED IN THIS TITLE. THESE PROCEDURES SHALL NOT GOVERN OTHER TITLES OF THE ENGLEWOOD MUNICIPAL CODE, SPECIFICALLY THE PROCEDURES SET FORTH IN THE BUILDING AND FIRE CODES UNLESS THEY ARE SPECIFICALLY ADOPTED BY THOSE TITLES . Section 3. The City Council of the City Englewood, Colorado hereby approves the adoption of definitions for the Abatement of Nuisances under this Title. The definitions set forth are verbatim definitions from Titles 8, 9 , 12 and 15, with the exception of the new definitions for emergency, nuisance, abatement of nuisance , person , and responsible party which are entirely new. Said definitions shall read as follows: 2 ~-. • • • ,· . \ • • • 15-1-2: DEFINITIONS: For the purpose of the application of the provisions of this Title, the following definitions shall apply: ABATEMENT OF A NUISANCE ALLEY BUILDING BUILDING OFFICIAL OR CHIEF BUILDING OFFICIAL CITY CITY MANAGER DWELLING DWELLING UNIT ELEMENTS EMERGENCY GARAGE , PRIVATE GARBAGE 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. 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 p roperty. A structure, including utilities enclosed with a roof and within exterior walls built. erected and framed of component structural parts. designed for the housing, s h elter, enclosure and support of individuals, animals or property of any kind. 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 titl e of Building Official or Chief Building Official. 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. Chief administrative officer of the City of Englewood. Any building to be used for living or sleeping by human occupants. Temporary housing, as hereinafter d efined shall not be regarded as a dwelling. 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. Wind , rain, snow, hail, sleet, or surface run-off water. AN EXISTING CONDITION ACTUALLY ARISING FROM UNFORESEEN CONTINGENCIES WHICH IMMEDIATELY ENDANGERS PUBLIC PROPERTY. HEALTH . PEACE OR SAFETY. 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. Animal and vegetable wastes resulting from the handling, preparation, cooking or serving of food . 3 GRAFFITI HABITABLE ROOM INFESTATION JUNK JUNK YARD LITTER NOXIOUS MATTER NUISANCE 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. 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. 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. 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. 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. 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 . 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. A CONDITION WHICH INJURES OR ENDANGERS THE PUBLIC HEALTH, SAFE1Y OR WELFARE WHICH INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING : A. THE CONDUCTING OR MAINTAINING OF ANY BUSINESS, OCCUPATION, OPERATION , OR ACTIVITY PROHIBITED BY ANY TITLE OF THIS CODE; OR B. THE CONTINUOUS OR REPEATED CONDUCTING OR MAINTAINING OF ANY BUSINESS , OCCUPATION OPERATION, ACTIVITY, BUILDING , LAND, OR PREMISES IN VIOLATION OF THIS TITLE ; OR 4 • • • • c. 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 LOT, LAND, YARD, PREMISES OR LOCATION WHICH 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, S HALL OR MAY ENDANGER THE HEALTH, SAFE1Y, LIFE, LIMB OR PROPERIY, OR CAUSE ANY HURT, HARM, INCONVENIENCE , DISCOMFORT. DAMAGE OR INJURY TO ANY ONE OR MORE INDIVIDUALS IN THE CI1Y , IN ANY ONE OF THE FOLLOWING PARTICULARS: 1. BY REASON OF BEING A MENACE, THREAT AND/OR HAZARD TO THE GENERAL HEALTH AND SAFE1Y OF THE COMMUNI1Y . 2 . BY REASON OF BEING A FIRE HAZARD. 3 . BY REASON OF BEING UNSAFE FOR OCCUPANCY , OR USE ON, IN, UPON, ABOUT OR AROUND THE AFORESAID PROPERTY. • 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. 5 . 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 COMMUNI1Y IN WHICH SUCH PROPERIY IS SITUATED OR SUCH CONDITION EXISTS. D. ANY UNLAWFUL POLLUTION OR CONTAMINATION OF ANY SURFACE OR S UBSURFACE WATERS IN THIS CI1Y, OR OF THE AIR. OR ANY WATER. SUBSTANCE, OR MATERIAL INTENDED FOR HUMAN CONSUMPTION IN THE CITY ; OR E. ANY ACTIVI1Y, OPERATION . OR CONDITION WHICH , AFTER BEING ORDERED ABATED, CORRECTED , OR DISCONTINUED BY A LAWFUL ORDER OF AN AGENCY OR OFFICER OF THE CI1Y , CONTINUES TO BE CONDUCTED OR CONTINUES TO EXIST IN VIOLATION OF ANY OF THE FOLLOWING: 1. ANY TITLE OF THIS MUN ICIPAL CODE. • 5 OCCUPANT ORGANIC OWNER PERSON POTABLE WATER PREMISES PREMISES , PRIVATE PROPERTY PROPERIY, BUSINESS PUBLIC PLACE PUTRESCIBLE 2. ANY REGULATION ENACTED PURSUANT TO THIS MUNICIPAL CODE. 3. ANY STATUTE OF THE STATE OF COLORADO. 4. ANY REGULATION OF THE STATE OF COLORADO. SEE RESPONSIBLE PARTY. Referring to or derived from living organisms. SEE RESPONSIBLE PARTY. ANY INDIVIDUAL, FIRM, CORPORATION, ASSOCIATION OR PARTNERSHIP. Water which, without further treatment, is suitable for drinking , culinary and domestic purposes. A lot, parcel . tract or plot of land , together with the buildings, structures thereon. 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. Land and, generally, whatever is erected, growing upon or affixed to land. 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. 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. Capable of being decomposed by microorganisms with sufficient rapidity to cause a nuisance from odors or gases . 6 • • • , .. • • • ' ' RECREATIONAL VEHICLE REFUSE RESPONSIBLE PARTY RUBBISH 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 . All putrescible or nonputrescible waste, including garbage , rubbish , ashes, street cleanings, dead animals, offal, droppings, abandoned appliances, and vehicle parts. 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 PROPERIY, OR AGENT OF THE OWNER. FOR PURPOSES OF THIS DEFINITION OWNERSHIP SHALL INCLUDE ANY PERSON, AS DEFINED HEREIN, WHO: A. HAS A LEGAL OR EQUITABLE INTEREST IN REAL OR PERSONAL PROPERIY, WITH OR WITHOUT ACCOMPANYING ACTUAL POSSESSION THEREOF; OR B. ACTS AS THE AGENT OF A PERSON HAVING A LEGAL OR EQUITABLE INTEREST IN A IN REAL OR PERSONAL PROPERIY; OR C. IS THE GENERAL REPRESENTATIVE OR FIDUCIARY OF AN ESTATE THROUGH WHICH A LEGAL OR EQUITABLE INTEREST IN A REAL OR PERSONAL PROPERIY IS ADMINISTERED; OR D . THE RECORD OWNER WHETHER PERSON, FIRM OR CORPORATION, OR ANY AGENT OR REPRESENTATIVE OF THE RECORD OWNER 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 . 7 SPECIAL MOBILE EQUIPMENT SCRAP MOTOR VEHICLES STORAGE/MOTOR VEHICLE STREET TEMPORARY HOUSING TRAILER TRAILER COACH OR MOTOR HOME TRAILER, SMALL 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. Motor vehicles not capable of being operated on public streets under the laws of the State of Colorado. 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. 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. 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. Any wheeled vehicle, without motive power and having an empty weight of more than two thousand (2,000) pounds , 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. 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. 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. 8 '., • • • r , • • • TRASH TRASH CONTAINER TRASH HAULING TRUCK USABLE OPEN SPACE 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. 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. Any person, partnership, or corporation transporting trash for disposal for any fee or other compensation in the City of Englewood. Any mot or vehicle equipped with a body designed to carry property and which is generally and commonly used to carry and transport property over the public highways. 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. WASTE The terms "waste" and "trash" have the same meaning and are interchangeable for purposes of this Ordinance. (See also trash) 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. VEHICLE, COMMERCIAL Any motor vehicle licensed by the State of Colorado as a commercial vehicle. Any vehicle designed, maintained or used primarily for the transportation of property. VEHICLE, DERELICT Any vehicle which is wrecked, damaged, or substantially dismantled to the extent that such vehicle is inoperable or is incapable of being moved under its own power. It shall include any vehicles missing one or more wheels and any vehicle which lacks a current license plate or emissions sticker or which lacks insurance . 9 VEHICLE, HOBBY VEHICLE, MOTOR WASTE WEED YARD YARD , FRONT YARD , REAR YARD. SIDE Any vehicle of the following type in the process of being built, restored or maintained as a hobby or diversion from one's regular occupation: boat, classic car, experimental car, off-road vehicle, and race car and derelict vehicle. 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. The Terms "waste" and "trash" have the same meaning and are interchangeable for purposes of this Ordinance. (See also trash) Weeds, grass, brush or other rank or noxious vegetation that has grown to maturity or is in excess of six inches (6") in height. 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. 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. 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 . 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 4. The City Council of the City of Englewood, Colorado hereby amends the language of Title 9 , Definitions and Section 3, of this Ordinance to insert in alphabetic order the following definition : 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. 10 ., • • • • • Section 5. The City Council of the City of Englewood , Colorado hereby readopts and amends language previously under 15-6-1 (B). which prohibited nuisances and which was repealed in Section 1 of this Ordinance. Title 15, Chapter 2, shall now read as follows: 15-2-1 : CHAPTER 2 NUISANCE PROHIBITED: A It shall be unlawful for any person to commit or do any act constituting a nuisance. B. It shall be unlawful for any person to create, continue or suffer the existence of any nuisance on any property under his control. Section 6. The City Council of the City of Englewood , Colorado hereby readopts and amends language previously under 15-5-6 , allowing the City Manager to abate nuisances, which was repealed in Section 1 of this Ordinance. Title 15, Chapter 3, shall now read as follows : CHAPTER3 ADMINISTRATNE ABATEMENT OF NUISANCES: 15-3-l:THE CI1Y MANAGER'S POWER TO ABATE A NUISANCE IN CASE OF AN EMERGENCY. The City Manager or his designee is hereby authorized to IMMEDIATELY abate or enjoin any nuisance existing in the City WITHOUT FOLLOWING THE PROCEDURES OF THIS CHAPTER IN THE CASE OF AN EMERGENCY. whether or not such nuisance is specifically recognized by ordinance THIS TITLE . Section 7. The City Council of the City of Englewood , Colorado hereby adopts an administrative abatement procedure in non-emergency situations which shall read as follows: 15-3-2: ADMINISTRATNE ABATEMENT PROCEDURE IN NON-EMERGENCY SITUATIONS. IF, AFTER INSPECTING THE PROPER1Y ON WHICH A NUISANCE IS REPORTED, THE ENFORCEMENT PERSONNEL WHO ARE CHARGED OR DESIGNATED BY THE CI1Y MANAGER WITH INVESTIGATING NUISANCES DECLARE THE EXISTENCE OF A NUISANCE, THE FOLLOWING PROCEDURES SHALL BE FOLLOWED . A . PHOTOGRAPHS AND/OR VIDEOTAPES AND/OR WRITIEN REPORTS AND FINDINGS SHALL BE GENERATED . B. THE RESPONSIBLE PAR1Y OR PARTIES SHALL BE DETERMINED. C. WITHIN THE FIRST SEVEN (7) DAYS OF THE DISCOVERY OF A NUISANCE, THE CODE ENFORCEMENT OFFICER(S) SHALL HAVE THE DISCRETION TO INFORMALLY ABATE THE NUISANCE BY SPEAK.ING WITH THE RESPONSIBLE PAR1Y. IN THE EVENT THAT THE INFORMAL PROCEEDINGS FAIL TO ABATE THE NUISANCE WITHIN THE SEVEN (7) DAYS THE CODE ENFORCEMENT OFFICER MAY, AT HIS/HER DISCRETION, ISSUE A SUMMONS AND COMPLAINT TO THE RESPONSIBLE PAR1Y OR SHALL ISSUE A NOTICE PURSUANT TO E.M.C. 15-3-3 (D) . 11 D. IF THE NUISANCE HAS NOT BEEN ABATED BY THE INFORMAL PROCESS OR A SUMMONS AND COMPLAINT HAS NOT BEEN ISSUED AT THE CONCLUSION OF THE SEVEN (7) DAYS SET FORTH IN E.M.C. 15-3-2(C). A WRlTIEN NOTICE IN ESSENTIALLY THE FORM SET FORTH IN E.M .C . 15-3-3 OF THIS CHAPTER SHALL BE SERVED UPON THE RESPONSIBLE PARTY BY PERSONAL SERVICE OR BY LEAVING A COPY OF THE NOTICE AT THE USUAL PLACE OF RESIDENCE OR BUSINESS OF SUCH OWNER, RESPONSIBLE PARTY SHOWN BY THE RECORDS CONTAINED IN THE COUN1Y CLERK AND RECORDER'S OFFICE OR IN THE COUN1Y TAX ASSESSORS OFFICE, OR BY MAILING A COPY OF THE WRlTIEN NOTICE TO SUCH RESPONSIBLE PARIY AT SUCH PLACE OR ADDRESS BY UNITED STATES MAIL, CERTIFIED RETURN RECEIPT. IF SERVICE OF SUCH WRlTIEN NOTICE IS UNABLE TO BE PERFECTED BY ANY METHODS DESCRIBED ABOVE , THE ENFORCEMENT PERSONNEL SHALL CAUSE A COPY OF THE NOTICE TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE Cl1Y, ONCE A WEEK FOR 1WO CONSECUTIVE WEEKS, OR BY POSTING THE NOTICE ON THE PROPERTY. E . THE NOTICE SHALL STATE CLEARLY AND CONCISELY THE FINDINGS OF THE ENFORCEMENT PERSONNEL WITH RESPECT TO THE EXISTENCE OF THE NUISANCE , AND THE SECTION OF THE CITY ORDINANCE(S) THAT HAVE BEEN VIOLATED. F. THE NOTICE SHALL ALSO STATE THAT UNLESS THE RESPONSIBLE PARTY SHALL CAUSE THE ABATEMENT OF THE NUISANCE PURSUANT TO THE NOTICE AND THIS CODE, THE CITY MAY ABATE THE NUISANCE AT THE EXPENSE OF THE RESPONSIBLE PARTY OR MAY ISSUE A CRIMINAL SUMMONS AND COMPLAINT OR BOTH. Section 8 . The City Council of the City of Englewood, Colorado hereby readopts and amends language previously under 15-3-2 , which was repealed in Section 1 of this Ordinance. Title 15, Chapter 3, Section 3, shall now read as follows: 15 -3-3: NOTICE FORM. THE FOLLOWING NOTICE SHALL BE USED BY ALL DEPARTMENTS EMPOWERED WlTH THE ABATEMENT OF ANY AND ALL NUISANCES OF THIS TITLE. NOTICE NOTICE IS HEREBY GIVEN THAT THERE EXISTS UPON THIS PROPERTY THE FOLLOWING CONDITION(S) OR VIOLATION(S) WHICH GIVE RISE TO A NUISANCE PURSUANT TO THE FOLLOWING SECTION(S) OF THE ENGLEWOOD MUNICIPAL CODE: YOU HAVE THIRTY (30) DAYS IN WHICH .TO ABATE THE ABOVE DESCRIBED NUISANCE(S). IN THE EVENT THAT YOU DO NOT ABATE THE NUISANCE(S) WITHIN THE THIRTY (30) DAYS THE CITY OF ENGLEWOOD MAY, AT ITS OPTION, ABATE THE NUISANCE AT YOUR EXPENSE, OR IN THE ALTERNATIVE ISSUE A SUMMONS AND COMPLAINT OR BOTH , DIRECTING THAT YOU APPEAR IN THE MUNICIPAL COURT FOR THE CITY OF ENGLEWOOD, TO ANSWER TO THE CHARGES AS SET FORTH ABOVE. 12 • • • • • IN THE EVENT THAT YOU DO NOT BELIEVE THAT THERE EXISTS UPON THIS PROPERTY THE NUISANCE(S) AS SET FORTH UPON THIS NOTICE, YOU HAVE THE RIGHT TO APPEAL THIS NOTICE AND TO REQUEST AN ADMINISTRATIVE HEARING BY MAKING A WRITTEN DEMAND TO THE CITY FOR A HEARING WITHIN SEVEN (7) DAYS OF THE POSTING OR RECEIPT OF THIS NOTICE. SUCH WRITIEN DEMAND SHALL BE MADE TO THE CLERK OF THE ENGLEWOOD MUNICIPAL COURT, ON THE FORM PROVIDED BY SAID CLERK. Section 9. The City Council of the City of Englewood, Colorado hereby adopts Title 15 , Chapter 3, Section 4, which shall read as follows: 15-3-4: RESPONSIBLE PARTY ABATEMENT. WITHIN THIRTY (30) DAYS AFTER THE DATE OF POSTING OR THE DATE OF MAILING OF THE NOTICE AND ORDERS TO ABATE THE NUISANCE, THE RESPONSIBLE PARTY OF THE AFFECTED PROPERTY SHALL REMOVE AND ABATE SUCH NUISANCE. Section 10. The City Council of the City of Englewood, Colorado hereby adopts Title 15, Chapter 3, Section 5, which shall now read as follows: 15-3-5: ADMINISTRATIVE APPEAL PROCEDURES: THE RESPONSIBLE PARTY WHO HAS BEEN SERVED WITH A NOTICE PURSUANT TO THIS CHAPTER MAY, WITHIN SEVEN (7) CALENDAR DAYS AFTER RECEIPT OF THE NOTICE, MAKE A WRITTEN DEMAND TO THE CITY FOR AN ADMINISTRATIVE HEARING ON THE QUESTION OF WHETHER A NUISANCE IN FACT EXISTS ON THE SUBJECT PROPERTY . A . THE RESPONSIBLE PARTY MUST FILE A WRITTEN DEMAND WITH THE CLERK OF THE ENGLEWOOD MUNICIPAL COURT ON A FORM PROVIDED FOR SUCH A HEARING BY THE CLERK. B. AN ADMINISTRATIVE HEARING SHALL BE HELD WITHIN SEVEN (7) CALENDAR DAYS FOLLOWING RECEIPT BY THE CITY OF THE WRITIEN DEMAND AND AT LEAST 1WO (2) DAYS NOTICE OF THE HEARING SHALL BE GIVEN TO THE PERSON WHO MADE THE WRITTEN DEMAND FOR THE HEARING. C. THE ADMINISTRATIVE HEARING SHALL BE CONDUCTED BY A HEARING OFFICER WHO SHALL BE DESIGNATED BY THE CITY MANAGER. THE SOLE ISSUE BEFORE THE HEARING OFFICER SHALL BE WHETHER THE CONDITION(S) DESCRIBED IN THE NOTICE CONSTITUTES A NUISANCE. IF THE HEARING OFFICER FINDS THAT A NUISANCE EXISTS, THE HEARING OFFICER SHALL CONFIRM THE ORDER THAT THE NUISANCE BE ABATED. IF THE HEARING OFFICER FINDS THAT NO NUISANCE EXISTS, THE HEARING OFFICER HAS THE AUTHORITY TO VACATE THE NOTICE. D. FAILURE OF THE RESPONSIBLE PARTY TO REQUEST A HEARING WITHIN THE SEVEN (7) CALENDAR DAYS, OR FAILURE TO APPEAR FOR THE SCHEDULED HEARING, SHALL BE DEEMED A WAIVER OF THE RIGHT TO SUCH HEARING . 13 E. THE HEARING OFFICER SHALL CONDUCT THE HEARING IN AN INFORMAL MANNER AND SHALL NOT BE BOUND BY TECHNICAL RULES OF EVIDENCE. SUCH HEARING SHALL BE TAPE-RECORDED. THE RESPONSIBLE PARIY, IF ANY, OF THE SUBJECT PROPERIY SHALL BE GIVEN THE OPPORTUNI1Y TO PRESENT EVIDENCE DURING THE COURSE OF THE HEARING. IN ADDITION, MEMBERS OF THE PUBLIC AND THE CI1Y ENFORCEMENT PERSONNEL WHO ORIGINALLY DETERMINED THAT A NUISANCE EXISTED ON THE SUBJECT PROPERIY, SHALL ALSO BE GIVEN AN OPPORTUNI1Y TO PRESENT EVIDENCE. F. AT THE CONCLUSION OF THE HEARING, THE HEARING OFFICER SHALL PREPARE A WRITTEN DECISION THAT DAY. A COPY OF SUCH DECISION SHALL BE PROVIDED TO THE PERSON REQUESTING THE HEARING AND THE ENFORCEMENT PERSONNEL. G. THE DECISION OF THE HEARING OFFICER IS FINAL. H. AN APPEAL OF THE HEARING OFFICER'S ORDER, BY EITHER THE RESPONSIBLE PARIY OR THE CI1Y, SHALL BE MADE TO A COURT OF COMPETENT JURISDICTION. IF THE HEARING OFFICER CONFIRMS THE ABATEMENT ORDER, THE DATE FOR ABATEMENT SET FORTH IN THE NOTICE AND ORDER SHALL APPLY UNLESS A STAY IS ORDERED BY THE COURT, TO WHICH AN APPEAL IS MADE. Section 11. The City Council of the City of Englewood, Colorado hereby adopts Title 15, Chapter 3, Section 6, which shall read as follows: 15-3-6: CI1Y ABATEMENT OPTIONS. IN THE EVENT THAT THE NUISANCE IS NOT ABATED WITHIN THE (30) DAYS SET FORTH IN THE NOTICE AND IF NO APPEAL OF THE NOTICE HAS BEEN FILED BY THE RESPONSIBLE PARIY WITH THE CI1Y, THE CI1Y MAY EITHER ABATE THE NUISANCE AT THE EXPENSE OF THE RESPONSIBLE PARIY, OR IN THE ALTERNATIVE ELECT TO ISSUE A CRIMINAL SUMMONS AND COMPLAINT DIRECTING THE RESPONSIBLE PARIY TO APPEAR IN THE MUNICIPAL COURT TO ANSWER TO THE ALLEGED VIOIATION(S) OF THE CI1Y ORDINANCE WHICH GAVE RISE TO THE NUISANCE OR BOTH. Section 12. The City Council of the City of Englewood, Colorado hereby readopts and amends language previously under 15-3-2, which was repealed in Section 1 of this Ordinance. Title 15, Chapter 3, Section 7, shall now read as follows: 15-3-7: ABATEMENT COSTS: IN ALL CASES WHERE THE CI1Y SHALL INCUR ANY EXPENSE FOR ABATING OR REMOVING ANY NUISANCE FOUND UPON ANY PROPERIY, LOT OR PREMISES, ALL EXPENSES OF SUCH ABATEMENT PLUS AN ADMINISTRATION COST OF 1WEN1Y-FIVE PERCENT (25%) MAY BE CHARGED AGAINST THE REAL PROPERIY AND ITS OWNER. 14 .. , • • • ,'' • • A. Notice of Costs . If the City incurs costs taking abatement action required by this Section, a statement shall be prepared for the entire cost plus THE twenty-five percent (25%) administrative costs, and shall be mailed by Certified Mail, Return Receipt Requested, to the property owner with instructions that said costs for abatement shall be paid in full within thirty (30) days of said mailing date. The statement shall also inform the property owner that failure to pay the costs for abatement within thirty (30) days shall result in an ADDITIONAL PENALTI AND AN assessment being made against the property, LOT OR PREMISES UPON WHICH THE NUISANCE EXISTED OR FROM WHICH THE NUISANCE EMANATED which shall constitute a lien to the benefit of the City pursuant to the provisions of this Title . B. Assessment of Costs. If the full amount of the cost statement regarding w@@d and/or trash NUISANCE abatement is not paid within thirty (30) days of the statement mailing date, the City Manager or his designee shall assess the entire amount of the statement plus an additional twenty-five percent (25 %) penalty against the specified real property. After assessment by the City Manager or his designee, a copy shall be sent to ~ owner of record of the assessed property. The assessment shall contain a legal description of the property, the expenses and costs incurred, the date that the abatement action occurred, and a notice that the City claims a lien for the stipulated amount. The City Manager or his designee shall certify such assessment to the County Treasurer who shall collect such assessment in the same manner as ad valorem taxes are collected. C. Lien Assessment. From the date of the assessing statement, all assessments shall constitute a perpetual lien against the specified real property and shall have priority over all liens excepting general tax liens and prior special assessments. No delays, mistakes , errors or irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final assessment; but the same may be remedied by the City Manager or his designee , as the case may require, upon application made by the property owner or other interested person. When so remedied , the same shall take effect as of the date of the original assessment. D. Other Remedies. 1. Any unpaid charge plus the costs and assessments not resulting from action by the Englewood Municipal Court shall constitute a debt due the City. The City Attorney shall, at the direction of the City Council, institute civil suit in the name of the City to recover such charges, costs and assessments . These remedies shall be cumulative with all other remedies , including prosecution in Municipal Court for each violation of this Chapter pursuant to the provisions and penalties established by Titl@ l , Chapbir 4 of this Cod@ E.M .C. 1-4-1. 15 Section 13. The City Council of the City of Englewood, Colorado hereby adopts a judicial abatement procedure, which shall read as follows : CHAPTER4 JUDICIAL ABATEMENT OF NUISANCES: A. IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY LAW, INCLUDING THOSE SPECIFIED AND SET FORTH IN E.M.C. 1-4-1, THE ENGLEWOOD MUNICIPAL COURT MAY, UPON A FINDING THAT A NUISANCE EXISTS, ISSUE AN ORDER ENJOINING THE NUISANCE, AUTHORIZING ITS REPAIR, RESTRAINT, REMOVAL , TERMINATION OR ABATEMENT. B. A RESPONSIBLE PARIY FOUND BY THE COURT TO HAVE CAUSED A NUISANCE OR ALLOWED THE NUISANCE TO BE CAUSED OR TO BE CONTINUED SHALL BE LIABLE FOR ALL COSTS INCURRED BY THE CITI TO ABATE SAID NUISANCE. SUCH COSTS MAY BE COLLECTED BY THE CITI PURSUANT TO MUNICIPAL COURT ORDER, IN A CIVIL ACTION OR ASSESSED AS A LIEN AGAINST ANY PROPERTY ON WHICH THE ABATEMENT WAS PERFORMED AS SPECIFIED IN E.M.C. 15-3-7. c. PRIMA FACIA EVIDENCE. THE ISSUANCE OF THREE (3) OR MORE NOTICES OF VIOLATION OF THIS TITLE SHALL BE PRIMA FACIE EVIDENCE THAT THE RESPONSIBLE PARIY DELIBERATELY AND WILFULLY VIOLATED THIS TITLE AND MAY BE PUNISHED WITHIN THE DISCRETION OF THE COURT AS PROVIDED IN E.M.C . 1-4-1. THIS REMEDY SHALL BE CUMULATIVE WITH ALL OTHER REMEDIES . Section 14. The City Council of the City of Englewood, Colorado hereby adopts a procedure to determine vested rights and takings questions, which shall read as follows : CHAPTER 5 15-5-l:VESTED RIGHTS AND TAKINGS DETERMINATION. A. PURPOSE. THE PURPOSE OF THIS CHAPTER IS TO PROVIDE A PROCEDURE FOR RELIEF, WHERE APPROPRIATE, TO PERSONS WHO CLAIM THAT THE ENFORCEMENT OF ANY PORTION OF THIS TITLE HAS INTERFERED WITH HIS OR HER VESTED RIGHTS TO DEVELOP, OR WHO CLAIM THAT HIS OR HER PROPERTY HAS BEEN TAKEN BY REASON OF ABATEMENT OF A NUISANCE ARISING FROM HIS OR HER PROPERTY. B . THE PROCEDURES OF THIS CHAPTER SHALL BE FOLLOWED TO CONCLUSION PRIOR TO SEEKING RELIEF FROM A COURT OF COMPETENT JURISDICTION BASED UPON ANY CLAIM OF VESTED RIGHTS , OR ANY ALLEGED DENIAL OF ECONOMICALLY BENEFICIAL USE OF PROPERTY OR ANY DEPRIVATION OF DUE PROCESS WHICH CAUSES A TAKING , OR ANY OTHER TAKING OF REAL OR PERSONAL PROPERTY. C. ADMINISTRATIVE PROCESS/HEARING OFFICER. AN OWNER, OCCUPANT, OR DEVELOPER OF REAL PROPERTY, OR AN OWNER OR OCCUPANT OF PERSONAL PROPERTY WHO CLAIMS THAT CERTAIN ACTS BY OFFICIALS, ACTING ON BEHALF OF THE CITI OF ENGLEWOOD AND DISCHARGING THE OFFICIAL DUTIES OF THEIR OFFICE, ARE IN EFFECT A TAKING OF THE SAID REAL OR PERSONAL PROPERTI, MAY SEEK A VESTED RIGHTS DETERMINATION IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN THIS CHAPTER. 16 ''• • • • ' .. • • • 1. AN OWNER, OCCUPANT OR DEVELOPER OF REAL PROPER1Y MAY ASSERT ANY LEGALLY RECOGNIZED TAKINGS CLAIM, INCLUDING, BUT NOT LIMITED TO , A CLAIM THAT HE OR SHE HAS BEEN DEPRIVED OF ALL "ECONOMICALLY BENEFICIAL USE" OF HIS OR HER PROPER1Y; THAT A CONDITION, REQUIREMENT OR ACT BY THE CITY DOES NOT HA VE A "REASONABLE NEXUS" TO THE VIOLATION OCCURRING OR EMANATING FROM THE PROPER1Y; THAT SUCH A CONDITION IS NOT "ROUGHLY PROPORTIONAL" TO THE VIOLATION OCCURRING OR EMANATING FROM OR UPON THE PROPER1Y OR THAT ACTIONS BY THE CITY UNDER THIS TITLE HAVE RESULTED IN A DEPRNATION OF DUE PROCESS . 2 . SUCH PERSONS SHALL BE PROVIDED AN OPPORTUNITY FOR AN ADMINISTRATIVE HEARING, THE RIGHT TO PRESENT AND REBUT EVIDENCE, A FORMAL RECORD AND AN IMPARTIAL HEARING OFFICER IN ACCORDANCE WITH THE FOLLOWING PROCEDURES. A. THE HEARING OFFICER SHALL BE SELECTED AND APPOINTED BY THE CITY ATTORNEY AND SHALL BE AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO . SUBJECT TO THE PROVISIONS HEREINAFTER PROVIDED , THE HEARING OFFICER SHALL ISSUE FORMAL FINDINGS OF FACT, CONCLUSIONS OF LAW, AND A VESTED RIGHTS DETERMINATION AND/OR TAKINGS DETERMINATION, DEPENDING ON THE NATURE OF THE CLAIM ASSERTED BY THE APPLICANT . D . APPLICATION. AN APPLICATION FOR A VESTED RIGHTS DETERMINATION OR TAKINGS DETERMINATION SHALL BE SUBMITTED TO THE CITY MANAGER OR HIS DESIGNEE IN THE FORM ESTABLISHED BY THE CITY MANAGER. AN APPLICATION FEE IN AN AMOUNT TO BE SET BY COUNCIL RESOLUTION SHALL ACCOMPANY AND BE PART OF THE APPLICATION. THE APPLICATION SHALL, AT A MINIMUM, INCLUDE: 1. THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PROPER1Y OWNER OR OCCUPANT; 2 . THE STREET ADDRESS OF THE SUBJECT PROPER1Y; 3. A SHORT AND CONCISE STATEMENT OF THE ALLEGED NUISANCE VIOLATION CITED , INCLUDING A COPY OF ANY NOTICES, CITATIONS OR OTHER DOCUMENTATION PROVIDED TO THE PROPER1Y OWNER OR OCCUPANT BY THE CITY OR CITY EMPLOYEE . E. THE APPLICATION FEE SHALL BE APPLIED TO ALL OUT-OF -POCKET EXPENSES ACTUALLY INCURRED BY THE CITY IN CONNECTION WITH THE HEARING PROCESS, INCLUDING WITHOUT LIMITATION FEE S FOR, AND EXPENSES INCURRED BY THE HEARING OFFICER; COSTS OF REPORTING AND TRANSCRIBING THE PROCEEDINGS BEFORE THE HEARING OFFICER; AND COSTS OF PRODUCING EXHIBITS. THE APPLICATION FEE SHALL NOT BE APPLIED TO ANY IN-HOUSE COSTS INCURRED BY THE CITY, SUCH AS COMPENSATION FOR CITY STAFF TIME. ANY PORTION OF THE APPLICATION FEE NOT USED BY THE CITY TO PAY THE COSTS REFERRED TO ABOVE SHALL BE RETURNED TO THE APPLICANT UPON COMPLETION OF THE HEARING AND APPEAL PROCESS . 17 F . WITHIN FIVE (5) WORKING DAYS AFTER RECEIPT OF AN APPLICATION FOR VESTED RIGHTS OR TAKINGS DETERMINATION, THE CITY MANAGER OR A DESIGNEE SHALL DETERMINE WHETHER THE APPLICATION SUBMITTED IS COMPLETE. IF HE OR SHE DETERMINES THAT THE APPLICATION IS NOT COMPLETE, THE CITY MANAGER OR A DESIGNEE SHALL NOTIFY THE APPLICANT IN WRITING OF THE DEFICIENCIES. THE CITY MANAGER OR A DESIGNEE SHALL TAKE NO FURTHER STEPS TO PROCESS THE APPLICATION UNTIL THE DEFICIENCIES HAVE BEEN REMEDIED. 15-5-2: REVIEW AND DETERMINATION OR RECOMMENDATION BY CITY MANAGER. A. AFTER RECEIPT OF A COMPLETED APPLICATION FOR VESTED RIGHTS DETERMINATION OR TAKINGS DETERMINATION, THE CITY MANAGER OR A DESIGNEE SHALL REVIEW AND EVALUATE THE APPLICATION IN LIGHT OF ALL OF THE CRITERIA IN THIS CHAPTER. WITHIN TWENTY (20) DAYS OF SUCH RECEIPT AND BASED ON THE REVIEW AND EVALUATION, THE CITY MANAGER OR THE DESIGNEE SHALL PREPARE A WRITTEN RECOMMENDATION TO THE HEARING OFFICER THAT THE APPLICATION SHOULD BE DENIED, GRANTED OR GRANTED WITH CONDITIONS BY THE HEARING OFFICER. SUCH RECOMMENDATIONS SHALL INCLUDE FINDINGS OF FACT FOR EACH CRITERIA, TO THE EXTENT THAT THE INFORMATION IS PRESENTED OR OBTAINED OR INCLUSION IS FEASIBLE OR APPLICABLE. B. IF THE CITY MANAGER OR THE DESIGNEE FIND, BASED ON THE REVIEW AND EVALUATION, THAT THE APPLICATION FOR DETERMINATION CLEARLY SHOULD BE • GRANTED OR GRANTED WITH CONDITIONS, THEN THEY MAY ENTER INTO A WRITTEN • STIPULATED DETERMINATION WITH THE APPLICANT, IN LIEU OF THE WRITTEN RECOMMENDATION TO THE HEARING OFFICER AND THE PROVISIONS IN THIS CHAPTER. ANY SUCH STIPULATED DETERMINATION SHALL BE IN WRITING, SIGNED BY THE CITY MANAGER OR THE DESIGNEE , AND THE APPLICANT, AND SHALL BE APPROVED BY THE CITY COUNCIL BY RESOLUTION AT ITS NEXT REGULARLY SCHEDULED MEETING . SAID STIPULATED DETERMINATION SHALL INCLUDE FINDINGS OF FACT AND CONCLUSIONS OF LAW BASED ON THE CRITERIA ESTABLISHED IN THIS CHAPTER. WHICHEVER IS APPLICABLE , AND THE DETERMINATION GRANTING OR GRANTING WITH CONDITIONS, IN WHOLE OR IN PART, THE APPLICATION. IN THE EVENT THAT A PROPOSED STIPULATED DETERMINATION IS REJECTED BY THE CITY COUNCIL, IT SHALL BE REFERRED TO THE HEARING OFFICER FOR A HEARING AND DETERMINATION IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN THIS CHAPTER. 15-5-3: REVIEW AND DETERMINATION BY HEARING OFFICER. NO LATER THAN THIRTY (30) DAYS AFTER RECEIPT BY THE HEARING OFFICER OF THE APPLICATION FOR DETERMINATION AND THE WRITTEN RECOMMENDATION OF THE CITY MANAGER OR THE DESIGNEE , THE HEARING OFFICER SHALL HOLD A PUBLIC ADMINISTRATIVE HEARING ON THE APPLICATION. THE CITY SHALL MAIL WRITTEN NOTICE OF THE HEARING TO THE APPLICANT AT LEAST FOURTEEN (14) DAYS PRIOR TO THE SCHEDULED HEARING . AT THE HEARING, THE HEARING OFFICER SHALL TAKE EVIDENCE AND SWORN TESTIMONY IN REGARD TO THE CRITERIA SET FORTH IN THIS CHAPTER WHICHEVER IS APPLICABLE AND SHALL FOLLOW SUCH RULES OF PROCEDURE AS MAY BE ESTABLISHED BY THE CITY. THE PARTIES BEFORE THE HEARING OFFICER SHALL INCLUDE THE CITY AND, THE APPLICANT. TESTIMONY SHALL BE LIMITED TO THE MATTERS DIRECTLY RELATING TO THE STANDARDS SET FORTH IN THIS CHAPTER. THE CITY ATTORNEY OR A DESIGNEE SHALL REPRESENT THE CITY. SHALL ATTEND THE PUBLIC HEARING , AND SHALL OFFER SUCH EVIDENCE AS IS RELEVANT TO THE 18 • • • • " . PROCEEDINGS. THE OTHER PARTIES TO THE PROCEEDINGS, OR THEIR AUTHORIZED AGENTS, MAY OFFER SUCH EVIDENCE AT THE PUBLIC HEARING AS IS RELEVANT TO THE PROCEEDINGS AND CRITERIA. THE ORDER OF PRESENTATION BEFORE THE HEARING OFFICER AT THE PUBLIC HEARING SHALL BE AS FOLLOWS: (1) THE CI1Y'S SUMMARY OF THE APPLICATION, WRITTEN RECOMMENDATION, WITNESSES AND OTHER EVIDENCE; (2) THE APPLICANT'S WITNESSES AND EVIDENCE; (3) CI1Y REBUTTAL, IF ANY. 15-5-4: ISSUANCE OF DETERMINATION BY HEARING OFFICER. WITHIN THIRTY (30) DAYS AFTER THE COMPLETION OF THE PUBLIC HEARING ,THE HEARING OFFICER SHALL CONSIDER THE APPLICATION FOR DETERMINATION, THE RECOMMENDATION OF THE CI1Y MANAGER OR THE DESIGNEE, AND THE EVIDENCE AND TESTIMONY PRESENTED AT THE PUBLIC HEARING, IN LIGHT OF ALL OF THE CRITERIA SET FORTH IN THIS CHAPTER, AND SHALL DENY, GRANT, GRANT WITH CONDITIONS, OR GRANT IN PART AND DENY IN PART , THE APPLICATION FOR DETERMINATION FOR THE PROPERTY OR PROPERTIES IN ISSUE. THE DETERMINATION SHALL BE IN WRITING AND SHALL INCLUDE FINDINGS OF FACT FOR EACH OF THE APPLICABLE CRITERIA ESTABLISHED IN THIS CHAPTER, CONCLUSIONS OF LAW FOR EACH OF SUCH CRITERIA, AND A DETERMINATION DENYING , GRANTING, OR GRANTING WITH CONDITIONS, IN WHOLE OR IN PART, THE VESTED RIGHTS. 15-5-5: APPEAL. AN APPEAL OF THE HEARING OFFICER'S DETERMINATION, SHALL BE MADE TO A COURT OF COMPETENT JURISDICTION . 15-5-6: WAIVER OF TIME LIMITS. ANY TIME LIMIT SPECIFIED IN THE DETERMINATION PROCEDURE MAY BE WAIVED UPON THE RECEIPT BY THE CI1Y CLERK OF A WRITTEN STIPULATION REQUESTING SUCH WAIVER AND SIGNED BY THE APPLICANT AND THE CI1Y MANAGER OR HIS DESIGNEE. 15-5-7: CRITERIA FOR VESTED RIGHTS . A THIS SECTION IS INTENDED TO STRICTLY ADHERE TO AND IMPLEMENT EXISTING CASE LAW AND STATUTORY LAW CONTROLLING IN THE STATE OF COLORADO AS THEY RELATE TO THE DOCfRINE OF VESTED RIGHTS AND EQUITABLE ESTOPPEL AS APPLIED TO A HOME RULE MUNICIPALI1Y EXERCISING ITS AUTHORI1Y AND POWERS IN CODE ENFORCEMENT AND RELATED MATTERS. IT IS THE EXPRESS INTENT OF THE CI1Y TO REQUIRE APPLICATION OF THE PROVISIONS OF THIS CHAPTER TO AS MUCH PROPERTY, DEVELOPED OR UNDEVELOPED, RESIDENTIAL OR BUSINESS, OCCUPIED OR VACANT, IN THE CI1Y AS IS LEGALLY POSSIBLE WITHOUT VIOLATING THE LEGALLY VESTED RIGHTS OF AN OCCUPANT, OWNER OR DEVELOPER UNDER CASE LAW OR STATUTORY LAW. THE CRITERIA HEREIN SHALL BE CONSIDERED IN RENDERING A VESTED RIGHTS DETERMINATION HEREUNDER. IT IS INTENDED THAT EACH CASE BE DECIDED ON A CASE BY CASE FACTUAL ANALYSIS. AN APPLICANT SHALL BE ENTITLED TO A POSITIVE VESTED RIGHTS DETERMINATION ONLY IF SUCH APPLICANT DEMONSTRATES, BY CLEAR AND CONVINCING EVIDENCE, ENTITLEMENT TO COMPLETE HIS OR HER DEVELOPMENT WITHOUT DUE REGARD TO THE OTHERWISE APPLICABLE PROVISIONS OF THIS CHAPTER BY REASON OF: 19 l. THE PROVISIONS OF TITLE 24, ARTICLE 68, C .R.S.; OR 2 . THE EXISTENCE OF ALL THREE OF THE FOLLOWING REQUIREMENTS: a. SOME AUTHORIZED ACT OF THE CI'IY; AND b. REASONABLE GOOD FAITH RELIANCE UPON SUCH ACT BY THE APPLICANT ; AND c . SUCH A SUBSTANTIAL CHANGE IN POSITION OR EXPENDITURE BY THE APPLICANT THAT IT WOULD BE HIGHLY INEQUITABLE OR UNJUST TO DESTROY THE RIGHTS ACQUIRED . B. IN EVALUATING WHETHERAN APPLICANT (OCCUPANT , OWNER. DEVELOPER OR THE SUCCESSOR IN INTEREST OF THE THREE) HAS MET THE REQUIREMENTS OF AS SET FORfH IN (A) ABOVE, THE HEARING OFFICER SHALL CONSIDER AND GIVE WEIGHT TO THE FOLLOWING FACTUAL MATTERS : l. THE TOTAL INVESTMENT MADE IN THE PROJECT/ PROPERIY, INCLUDING ALL COSTS INCURRED SUBSEQUENT TO THE ACT OF THE CI1Y RELIED UPON BY THE APPLICANT . WHICH COSTS MAY INCLUDE . WITHOUT LIMITATION . THE COSTS OF LAND ACQUISITION . ARCHITECTURAL AND ENGINEERING FEES AND COSTS OF ON-SITE INFRASTRUCTURE IMPROVEMENTS TO SERVICE THE PROJECT; • 2. ANY DEDICATION OF PROPER1Y MADE TO PUBLIC ENTITIES IN ACCORDANCE • WITH THE APPROVED OVERALL DEVELOPMENT PLAN FOR THE PROJECT OR THE APPROVED PRELIMINARY PLAN OR PLAT FOR THE PROJECT; 3 . WHETHER INFRASTRUCTURE IMPROVEMENTS WHICH HAVE BEEN INSTALLED HAVE BEEN SIZED TO ACCOMMODATE USES APPROVED IN THE APPROVED OVERALL DEVELOPMENT PLAN OR THE APPROVED PRELIMINARY PLAN OR PLAT FOR THE PROJECT; 4 . THE ACREAGE OF THE APPROVED OVERALL DEVELOPMENT PLAN OR THE APPROVED PRELIMINARY PLAN OR PLAT FOR THE PROJECT AND THE NUMBER OF PHASES WITHIN THE OVERALL DEVELOPMENT PLAN OR THE PRELIMINARY PLAT OR PLAN AND THEIR RESPECTIVE ACREAGE'S WHICH HAVE RECEIVED FINAL APPROVAL ; 5. WHETHER THE COMPLETION OF THE PROJECT HAS BEEN TIMELY AND DILIGENTLY PURSUED ; AND 6. THE EFFECT OF THE APPLICANTS EXISTING DEVELOPMENT LOANS ON THE APPLICATION OF THE ENGLEWOOD COMPREHENSIVE ZONING ORDINANCE TO THE PROJECT. 20 • • • • 15-5-8: CRITERlA FOR TAKINGS A THIS SECTION IS INTENDED TO STRICTLY ADHERE TO AND IMPLEMENT EXISTING CASE LAW AND STATUTORY LAW CONTROLLING IN THE STATE OF COLORADO AS THEY RELATE TO THE TAKINGS DOCTRINE AS APPLIED TO A HOME RULE MUNICIPALITI EXERCISING ITS AUTHORITI AND POWERS IN CODE ENFORCEMENT AND RELATED MATTERS. IT IS THE EXPRESS INTENT OF THE CITI TO REQUIRE APPLICATION OF THE PROVISIONS OF THIS CHAPTER TO AS MUCH PROPERIY, DEVELOPED OR UNDEVELOPED, RESIDENTIAL OR BUSINESS, OCCUPIED OR VACANT , IN THE CITI AS IS LEGALLY POSSIBLE WITHOUT VIOLATING TAKINGS LAW . B. THE CRITERlA HEREIN PROVIDED SHALL BE CONSIDERED IN RENDERING A TAKINGS DETERMINATION HEREUNDER. IT IS INTENDED THAT EACH CASE BE DECIDED ON A CASE-BY-CASE FACTUAL ANALYSIS . WHILE THE CRITERIA FOR TAKINGS ESTABLISHED IN THIS SECTION ARE INTENDED TO PROVIDE FAIR STANDARDS IN A PRE-LITIGATION FORUM AND TO REFLECT THE CURRENT STATE OF THE LAW FOR COLORADO. THE CITI'S ADOPTION OR USE OF THESE CRITERIA FOR TAKINGS SHALL NOT IN ANY WAY BE DEEMED AN ADMISSION, CONCESSION OR STATEMENT BY THE CITITHAT SUCH CRITERIA APPLY OR ARE CONTROLLING IN A COURT OF LAW, AND THE CITI HEREBY UNCONDITIONALLY RESERVES ALL DEFENSES AND CLAIMS WHICH WOULD OTHERWISE BE AVAILABLE TO IT UNDER THE LAW. FOR EXAMPLE. BUT WITHOUT LIMITATION, THE CITI DOES NOT CONCEDE FOR LITIGATION PURPOSES THAT THE "REASONABLE NEXUS" /"ROUGH PROPORTIONALITI" DOCTRINES APPLY TO MONETARY EXCHANGES OR TO LEGISLATIVE ACTS, ALTHOUGH THE CITI CHOOSES TO APPLY SUCH CRITERIA TO THE TAKINGS DETERMINATION PROCESS DESCRIBED HEREIN. Section 15. The City Council of the City of Englewood, Colorado hereby readopts the language previously under 15-3-1. which was repealed in Section 1 of this Ordinance. Title 15 , Chapter 6, shall now read as follows : CHAPTER 6 CUTIING AND REMOVAL OF WEEDS AND GRASS: Cutting or Removing Weeds and Grass. Every occupant and/ or owner of real property shall cut, or cause to be cut, all weeds or grasses over six inches (6") in height growing thereon and shall remove, or cause the removal of, said weeds or grass to a site authorized for such disposal. Section 16. The City Council of the City of Englewood, Colorado here by readopts the language previously under 15-2-3, which was repealed in Section 1 of this Ordinance. Title 15, Chapter 7, shall now read as follows: CHAPTER 7 TRASH, JUNK AND SALVAGE 15-7-1: GENERAL REGULATIONS: A. No person shall throw, place or deposit any trash on any public street, in a public park or place, or in any public building within the City except in trash containers . 21 B. No person shall throw, place or deposit any trash in any fountain, lake, bay, stream or other body of water within the City nor on any occupied or vacant property within the City. C. No person shall affix any poster, notice or like device to attract public attention, to any lamp post public utility post. traffic control device, tree , public structure or building except as may be authorized by law. D. Every occupant, lessee, or owner of a business property is required to keep the sidewalk adjacent to the property or the proportional share of common sidewalk, walkway, mall, or parking lot free from trash, except as provided in subsection 15-7 -3(E). E. No occupant, lessee, or owner of real property shall sweep into , or deposit in, any gutter, street, alley or public place the accumulation of grass clippings, leaves, branches or trash from his or her building, sidewalk or driveway, except as provided in subsection 15-7-3(E). F. No driver or passenger of an automobile, motorcycle, bicycle, aircraft. or other vehicle shall throw, place or deposit trash upon any real property or any public street or public area within the City. G. No person shall drive any truck, trailer, small trailer. special mobile equipment or like vehicle into or within the City unless its contents are covered or loaded to prevent them from being scattered. H. No person shall drive any truck, trailer, small trailer, special mobile equipment or like vehicle into or within the City and in so doing scatter or track any mud, dirt, trash, oil or other foreign matter into a public street, alley or other public place. I. No person shall throw or deposit trash within the trash container of another person without that person's express or implied consent. 15-7-2: RESIDENTIAL DISTRICT REGULATIONS: A. No person shall store junk out-of-doors. B. No person shall conduct or permit salvage or storage operations or facilities in any residentially zoned area . 15-7-3: PLACEMENT AND REMOVAL OF TRASH: A. Any accumulation of trash on any premises, improved or unimproved, within the City of Englewood is prohibited and is declared to be a nuisance. B. Every occupant or owner of real property shall remove, or cause the removal of. all accumulations of trash from such property and shall subscribe to a trash removal service with a licensed trash hauler. and , pending the removal, shall place the same in a trash container kept for that purpose. C. All persons shall store all trash in covered trash containers in such a manner as to prevent it from being carried or scattered by animals or the elements and to prevent the emission of noxious or offensive odors. 22 • • • " •, . ' • • • D. All occupants or owners of real property shall set trash containers back at least five feet (5') from the side property lines. No person shall store trash and garbage in the front yard for more than twenty-four (24) hours prior to a scheduled collection or pick-up. E. All persons shall place trash containers within the public right-of-way only on regularly scheduled pick-up or collection days and in a manner which will not obstruct vehicular or pedestrian traffic and shall remove said trash containers from the public right-of-way not later than twenty-four (24) hours after the pick-up or collection. F. No person shall engage in the business of removing or hauling trash in the City without first obtaining a license therefor. Pursuant to Title 5 of this Code and without providing recycling services as such services may be required by this Code. G. Mandatory trash collection. All garbage, trash. waste and rubbish shall be removed from the property of each owner or occupier of land within the City of Englewood at least once a week. Section 17. The City Council of the City of Englewood, Colorado hereby readopts the language previously under 15-2-4, which was repealed in Section 1 of this Ordinance. Title 15 , Chapter 8 , shall now read as follows: CHAPTER 8 • 15-8-1: ANTISCAVENGING: It shall be unlawful for any person, other than a member of a governmental police agency, without the permission of the owner of recyclable material, to take recyclable material which has been set out or stored by the owner for collection by a collection or recycling service; or remove any recyclable material from a container, box, collection vehicle, depot or other receptacle for the accumulation, storage, or sale of recyclable material. Section 18. The City Council of the City of Englewood, Colorado hereby readopts amended language previously under 15-5-3, which was repealed in Section 1 of this Ordinance. Title 15, Chapter 9, shall now read as follows: CHAPTER 9 15-9-1: VEHICLES; DERELICT AND HOBBY: It shall be unlawful and considered a nuisance for any person to store, maintain or keep any derelict or hobby vehicle, as defined by this Title , on any real property or adjacent public right-of-way in the City except as follows: A. Vehicles in Residential Zones. 1. There shall be no more than one hobby or derelict vehicle maintained or stored on the property of any residence in a residentially zoned district, which vehicle shall be stored in a fully enclosed garage or similar structure. A person may store the vehicle in a carport or open area if the vehicle and its parts are kept entirely covered with a tie-down canvas or other opaque covering. Storage or covering is not required when the vehicle is actually being worked on. 2. No person shall store or work on any hobby or derelict vehicle within the required front yard setback or in or on any public property or right-of-way . 23 3. The owner of a derelict or hobby vehicle as well as the occupant and owner of the property shall be responsible for the maintenance or storage of such vehicle in compliance with this Chapter. 4. The owner of a hobby vehicle or derelict vehicle stored in a residentially zoned district shall register the vehicle with the Department of Motor Vehicles, State of Colorado, or obtain an Englewood storage permit for such vehicle. a There may be issued two types of permits for the storage of hobby or derelict vehicles in residential areas: i. The "hobby vehicle six (6) month permit" shall be issued to an owner or occupant of a residentially zoned property for no fee and shall be valid for a six (6) month time period from the date of issuance. The permit shall be issued for a specific vehicle and a specific site. Only one "hobby vehicle six (6) month permit" shall issue in any one year time period from the date of issuance of the initial permit. After each anniversary date of the issuance of the "hobby vehicle six (6) month permit" the owner or occupant may apply for a new "hobby vehicle six (6) month permit". ii. The "hobby vehicle one year permit" shall be issued to an owner or occupant of a residentially zoned property for the fee of one hundred dollars ($100.00). nontransferable, for the one hobby or derelict vehicle which is not stored at all times in a fully enclosed garage in a residentially zoned district of the City. The permit shall apply only to the "permitted" vehicle and one parcel of residential property identified in the permit and shall not apply to any other vehicle or parcel or residential property. b. No more than one permit shall be active at any time. 5 . No person shall store on a residentially zoned property a hobby or derelict vehicle without a permit or in violation of the manner set forth in this subsection six (6). Failure to comply shall be a violation of this Code. 6. Any single vehicle stored on the property that is covered with a tie down canvas or other opaque covering, is stored on a hard surface and has four (4) fully inflated tires is presumed to be fully licensed, insured and State inspected and not a derelict or hobby vehicle. If more than one vehicle is covered and stored on any one property, this presumption shall not exist and it shall be the duty of the City to determine whether the vehicles are derelict or hobby as defined by this Section and to take such measures as are authorized by this Section. B. Business Zoned Districts. 1. No person shall keep a hobby or derelict vehicle in a business zoned district unless such vehicle is stored in a fully enclosed structure in an area screened from view of adjacent properties and public rights-of-way. 2. No person who resides in a business or industrial zoned district shall keep more than one hobby or derelict vehicle on the property. 24 '. ,• • • • • • • 3. The owner of a derelict or hobby vehicle as well as the occupant and owner of the property shall be responsible for the maintenance or storage of such vehicle in compliance with this Chapter. 4. The owner of a hobby vehicle or derelict vehicle stored in a business zoned district shall register the vehicle with the State of Colorado Department of Motor Vehicles, or obtain an Englewood storage permit for such vehicle. a There may be issued two types of permits for the storage of hobby or derelict vehicles in business areas: b . i. The "hobby vehicle six (6) month permit" shall be issued to an owner or occupant of a business zoned property for no fee and shall be valid for a six (6) month time period from the date of issuance. The permit shall be issued for a specific vehicle and a specific site. Only one "hobby vehicle six (6) month permit" shall issue in any one year time period from the date of issuance of the initial permit. After each anniversary date of the issuance of the "hobby vehicle six (6) month permit" the owner or occupant may apply for a new "hobby vehicle six (6) month permit". The "hobby vehicle one year permit" shall be issued to an owner or occupant of a business zoned property for the fee of one hundred dollars ($100.00). nontransferable, for the one hobby or derelict vehicle which is not stored at all times in a fully enclosed garage in a residentially zoned district of the City. The permit shall apply only to the "permitted" vehicle and one parcel of residential property identified in the permit and shall not apply to any other vehicle or parcel or business property. c No more than one permit shall be active at any time. 5. No person shall store on a business-zoned property a hobby or derelict vehicle without a permit or in violation of the manner set forth in this subsection six (6). Failure to comply shall be a violation of this Code. 6. The provisions of this subsection six (6) shall not apply to property that has as a permitted use as an auto repair business. Section 19. The City Council of the City of Englewood, Colorado hereby readopts the language previously under 15-6-2, which was repealed in Section 1 of this Ordinance. Title 15. Chapter 10, shall now read as follows: CHAfYI'ER 10 15-10-1: ABANDONED ICEBOXES, REFRIGERATORS AND FREEZERS: It is hereby declared to be a nuisance and shall be deemed unlawful for any person to store, maintain, abandon or place any unused icebox, refrigerator, freezer or other compartment capable of being tightly closed in any place or location whatsoever which is accessible to children or the general public. without first removing the doors of such icebox, refrigerator, freezer or compartment . 25 Section 20. The City Council of the City of Englewood, Colorado hereby readopts the language previously under 15-6-3, which was repealed in Section 1 of this Ordinance. Title 15, Chapter 11, shall now read as follows: CHAPTER 11 15-11-1: ANIMALS OR FOWL: It is hereby declared to be unlawful for any person to keep or permit upon any premises in the City, any animals or fowl of any kind which, by reason of odor, uncleanliness, disease, sound or cry, shall disturb the peace and comfort of any neighborhood or interfere with any person in the reasonable and comfortable enjoyment or life or property. or in any other manner present a menace to the public health or safety. Section 21. The City Council of the City of Englewood, Colorado hereby readopts the language previously under 15-6-4, which was repealed in Section 1 of this Ordinance. Title 15, Chapter 12 , shall now read as follows: CHAPTER 12 15-12-1: CESSPOOLS AND PRIV1ES: It is hereby declared to be a nuisance and it shall be unlawful for any person to construct, keep, use or maintain any sewage vault, closet, privy, cesspool or septic tank at any place within the City, except as hereinafter provided: A. If there is no sanitary sewer line in a bordering street, alley or easement immediately opposite to some point on the premises, a cesspool or septic tank may be permitted to continue in operation; provided, that if a sanitary sewer line becomes installed and available at the aforesaid location , the use of such cesspool or septic tank shall be discontinued and the premises shall be connected with the sewer system within six (6) months after the sewer line is installed and available to the premises. B. A portable toilet may be utilized or maintained on a construction site during the time of construction or during special activity approved by the City. Section 22. The City Council of the City of Englewood, Colorado hereby readopts the language previously under 15-6-5 and 12-1-5, which was repealed in Section 1 of this Ordinance. Title 15, Chapter 13, shall now read as follows: CHAPTER 13 15-13-1 WATER RELATED NUISANCES A. Drains and Ditches. It is hereby declared to be a nuisance and it shall be unlawful for any person to create. permit or maintain upon any premises in the City any unclean, leaking, foul. unsafe or dangerous, defective or filthy drain, ditch. tank or gutter. B. Ponds or Pools. It is hereby declared to be a nuisance and it shall be unlawful for any person to create. permit or maintain upon any premises in the City any pond or pool with unwholesome, impure and offensive water. 26 • • • • • • C. Pollution of Water Supply. It shall be deemed a nuisance for any person to conduct or carry on any unwholesome or offensive business or establishment within a distance of five (5) miles upstream from the intake of the domestic water supply system of the City along and adjacent to the South Platte River or any tributary thereof, in a manner which is capable of, or results in, the pollution, contamination or rendering of the water in said river or tributary impure, unsafe or unwholesome by the discharge or drainage of wastes or any contaminating matter whatsoever, by surface or subsurface drainage or otherwise, from said business or establishment. S ection 23. The City Council of the City of Englewood, Colorado hereby readopts the language previously under 6-2-10, which was repealed in Section 1 of this Ordinance. Title 15, Chapter 14, shall now read as follows: CHAPTER 14 15-14-1: NOISE CONTROL A. Any person who operates or maintains any device, instrument. vehicle or machinery which causes discomfort or annoyance to reasonable persons or normal sensitiveness or which endangers the comfort, repose , health or peace of residents in the area, shall be deemed , and is declared to be a public nuisance. B. The provisions of this Section do not apply to the following subsec tions found in Chapter 6 , Title 2, of the Englewood Municipal Code: 6-2-5, A, B , C, D, L, and M . Section 24. The City Council of the City of Englewood, Colorado hereby readopts the language previously under 15-6-8, which was repealed in Section 1 of this Ordinance. Title 7, Chapter 6F, Section 12, shall now read as follows: 7-6F-12: DEFACED PROPERTY: A. Declaration of Public Nuisance. All property defaced by graffiti or gang graffiti that is visible to public view is hereby declared to be a public nuisance and in the interest of public health, safety , morals and general welfare, shall be abated as set forth in this Section. B. Abatement of Graffiti or Gang Graffiti. Whenever any graffiti or gang graffiti shall be found, the City Manager or his designee shall order the occupant or owner of the property upon which the graffiti or gang graffiti shall exist, at his own expense , to remove or correct the same within twenty-four (24) hours or such period in excess of twenty-four (24) hours as designated in writing by the City Manager or his designee, the City Manager or his designee may cause the graffiti or gang graffiti to be removed or corrected and all expenses incurred shall be assessed upon such a lot or premises upon which the graffiti or gang graffiti existed . Section 25. The City Council of the City of Englewood , Colorado hereby readopts the language previously under Title 15 , which was repealed in Section 1 of this Ordinance. Title 7 , Chapter 6F, Section 13, shall read as follows: 27 7-6F-13: DISTRIBUTION OF HANDBILLS 7-6F-13-l: RESTRICTIONS: A. No person shall distribute, place or sell any commercial or noncommercial handbill, advertisement or similar literature in or upon any street, sidewalk, any private parking lot open for public use , or any other public place within the City; provided, however, a person may distribute free handbills directly to persons who are willing to accept them. B. No person shall distribute any handbill or similar literature upon any inhabited private premises except by placing said items in a manner as to prevent them from being blown or drifted about said premises. Mail boxes shall not be used for distribution when such distribution is prohibited by Federal regulations. No person shall distribute any handbill or similar literature at any vacant premises . C. No person shall distribute any handbill, solicit funds, distribute literature or sell an article upon any real property if requested not to do so by any occupant of said property or by any sign posted on said property instructing against such act or action. 7-6F-12-2: HANDBILLS; EXCEPTIONS: The provisions of this Chapter shall not apply to the proper distribution of mail by the United • States Post Office . It shall also not apply to the delivery of newspapers which are legal • publications; provided. that newspapers shall be distributed in a manner which prevents their being carried away by the elements and provided further that the property has not been posted instructing against such act or action. Section 26. The City Council of the City of Englewood, Colorado hereby readopts the language previously under Title 15, Chapter 5 . which was repealed in Section 1 of this Ordinance. Title 11 , Chapter 6, shall read as follows: 11-6: VEHICLES 11-6-1: PARKING/STORAGE REGULATIONS IN ALL DISTRICTS: A. It shall be unlawful for the operator or owner of an automobile transport trailer. road tractor, truck tractor. moving van , transit-mix concrete truck, trailer, semi-trailer or truck with an empty weight in excess of seven thousand (7,000) pounds (70 C .W .T.) or special mobile equipment to stop, stand or park such vehicle or cause such vehicle to be stopped, stood or parked on any street or highway, alley or other public way within the City for a period in excess of four (4) hours at any time, except when such vehicle is being expeditiously loaded or unloaded or such mobile equipment is being used to perform the special operations for which it was designed. B . No person(s) shall park any tank truck(s). tank trailer(s). tank semi-trailer(s) or other truck(s) used to transport hazardous substances or materials upon the streets, alleys or public or private places within the City except when entirely empty and then only for a period not exceeding one hour. No person shall repair any cargo area or tank of such vehicles within this City except when such cargo area or tank of such vehicles are completely empty of flammable liquids, vapors, or hazardous substances or materials, and only after being thoroughly steamed or washed to remove all explosive vapors . No person 28 • .· • • • shall park or allow to remain on this City's streets, alleys, or public property, or private property any tank truck, tank semi-trailer or tank trailer used for transporting liquefied petroleum or gas, whether loaded or empty, or any truck carrying hazardous substances, except when actually engaged in filling storage tanks or while under repair. C. No person shall park any motor vehicle or vehicle in excess of twenty-two feet (22') in length, or eight feet (8') in width, in the public right-of-way except when such motor vehicle is being expeditiously loaded or unloaded. D. No person shall park or permit to stand in any public right-of-way or on public property, any trailer or small trailer unless the trailer is connected to or attached to a motor vehicle in a manner to be towed. The vehicle and connected trailer shall not be parked in the public right-of-way for more than seventy-two (72) hours within any one week. E. No person shall permit any snowplow designed to be truck mounted which is not hooked up or otherwise attached to a motor vehicle in a manner to be used for its intended purpose, to be stored or parked on public streets or rights-of-way . All owners and/or operators of vehicles with snowplows attached shall not store them on public streets. F. No person shall store any truck or other vehicle loaded with trash, junk, weeds , tree branches or limbs in a public right-of-way. G. No person shall park or store any motor vehicle in a manner so as to obstruct the public sidewalk or right-of-way . H. No person shall park a vehicle in excess of any time limit established for parking at that lo c ation, which shall be the time limit for that day and that block. 11-6-2: PARKING/STORAGE REGULATIONS FOR RESIDENTIAL DISTRICTS: A. It shall be unlawful for any person to store a vehicle designed and used for recreation purposes, including, but not limited to , one or more motor homes, boats , campers, trailers used for carrying boats, hobby or derelict vehicles or racing cars, motorcycles and other equipment or motor vehicles upon the public right-of-way. The vehicle may be parked in the right-of-way for no more than seventy-two (72) hours within any one week while being expeditiously loaded or unloaded. B. No person shall park the following described vehicles on public or private property in residential areas except while making normal deliveries or being used to p e rform the special operations for which it is designed: 1. Any vehicle with an empty weight in excess of seven thousand (7 ,000) pounds (70 C.W.T.). 2. A road tractor, truck tractor or semi-trailer. 3 . A truck constructed or adapted for the purpose of transporting or delivery of bulk gasoline, petroleum products , or hazardous substances or materials . 4. A tow truck or automobile wrecker . 5. A church bus or school bus not used for school or church purposes. 29 C. No person shall park or store any vehicle on private property in violation of the following restrictions: 1. No vehicle shall be parked in such a way as to block the sidewalk or any portion of the public sidewalk. 2. No vehicle shall be parked in front of the front setback of the principal structure unless located on a concrete, brick paver, asphalt surface, gravel or other similarly finished hardened or dust free surface. 3. In no case shall more than one commercial vehicle be parked or stored on property in any residential zone district, whether in a private garage or carport, in an off-street parking space or in an open-space area, and the size of said commercial vehicle shall not exceed empty vehicle weight of seven thousand (7,000) pounds (70 C.W.T.). 4. Detached campers shall be stored in the area identified as the rear or side yard and shall be stored on blocks or supports not more than six inches (6") in height, or on its loading jacks or apparatus at their lowest limits. All loading equipment shall be in good repair. 5. No person shall occupy any vehicle in violation of the following: a No motor vehicle or vehicles shall be occupied or used for living or housekeeping or sleeping purposes or for the housing and keeping of animals, except as provided in subsection b below; b. Upon the application of a resident of the City, a special permit may be issued by the Department of Community Development for a nonresident journeying in a recreational vehicle used for housekeeping purposes and who is visiting at the residence of the applicant, to occupy the travel vehicle at the applicant's residence for not more than seven (7) days. The special permit shall specify the location of the applicant's property or adjacent right-of-way in which the travel vehicle will be parked while occupied . This shall not be deemed to permit the parking or storage of a detached camper, trailer or small trailer in any public street or right-of-way of any street designated as an arterial or collector street. Section 27. Nothing in this Title shall prohibit or restrict the City or any of its departments from seeking the abatement of a nuisance by any other means, including but not limited to, enforcement in the District, County or Federal Courts of the State of Colorado. Section 28 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. 30 " . . '~ • • • ' ~· •, .. • • • . . '"• . Section 29. 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. Section 30. 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. Section 31 . 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 . S ection 32. Penalty. The Penalty Provision of E.M .C . Section 1-4-1 shall apply to each and eve ry violation of this Ordinance. Introduced, read in full, and passed on first reading on the 1st day of June, 1998 . Published as a Bill for an Ordinance on the 5th day of June, 1998. Read by title and passed on final reading on the 15th day of June, 1998. Published by title as Ordinance No. ?fl. Series of ~ln the 19th day o::· ~98 . Jlrn ~or I , Lcucrishia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoi~ a true copy of the Ordinance passed on nal reading and published by title as Ordinance No. T' Series of 1998 . 31 ' ,. I • ..;:,.-( • ,.. , ,• . ' ' ' ' ' ,, • COUNCIL COMMUNICATION Date Agenda Item Subject June 1, 1998 Nuisance Abatement 10 a ii Ordinance Initiated By Staff Source Safety Services/ City Attorney Bob Moore/Dan Brotzman COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Englewood City Council and the Englewood Code Enforcement Advisory Committee • have indicated their desire to standardize the nuisance abatement process in the City by implementation of a swift and just system of nuisance abatement while maintaining due process for Englewood citizens . RECOMMENDED ACTION The passage of this ordinance will set forth standardized procedures with regard to the abatement of nuisances in the City. The ord inance also sets forth an administrative procedure to determine vested rights and taking issues as they pertain to code enforcement on private property. Specific substantive issues of this ordinance will be addressed by the Code Enforcement Advisory Committee in the future . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood City Council has identified the abatement of nuisances to be of primary concern to Englewood citizens . The City Council desires to give the Englewood Municipal Court the power and authority to abate nuisances in the City . FINANCIAL IMPACT NIA. LIST OF A TIACHMENTS • Bill for an Ordinance .