HomeMy WebLinkAbout2023 Ordinance No. 0251
ORDINANCE NO. 25 COUNCIL BILL NO. 21
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
REGARDING SHORT TERM RENTALS
WHEREAS, the City of Englewood (“City”) is a home rule municipality organized under
Article XX of the Colorado Constitution and with the authority of the Englewood Home Rule
Charter; and
WHEREAS, Englewood Municipal Charter Sections 3 and 30 provide that the City
Council shall have all municipal legislative powers as conferred by general law, C.R.S. § 31-15-
103 empower the City Council to establish those laws necessary and proper to provide for the
safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and
convenience of such municipality and the inhabitants thereof; and
WHEREAS, City staff recommends to Englewood City Council modification to the
regulations and licensing requirements for short term rental properties in the City is necessary to
avoid potential negative impacts to residential areas, control the impacts on the supply of long-
term housing, level the playing field with commercial lodging businesses, provide for clarity and
consistency with other provisions of Municipal Code, and to protect the public health, safety and
welfare; and
WHEREAS, City staff responsible for administering the City’s short-term rental
regulations does hereby recommend amendments to Title 5 Chapter 31 regarding Short Term
Rentals to provide and clarify the requirements for licenses, ensure hosting platforms list only
properly licensed and permitted properties as available for short term rental on their platforms, and
compensate the City for costs in implementing and enforcing these regulations; and
WHEREAS, the Englewood City Council finds and declares that the adoption of amendments
to Title 5, Chapter 31 to the Englewood Municipal Code regarding short term rentals as set forth
herein are proper for the reasonable needs and desires of the City and in the promotion of the public
health, safety, and welfare of the City’s residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. Englewood Municipal Code Title 5 Chapter 31 regarding Short Term Rentals is
hereby amended to read as follows (new provisions underlined, deleted provisions struck through):
5-31-1: Definitions.
The Definitions shall apply to this Chapter contained in EMC § 5-1-1 (Business License
Definitions) and Title 16 of this Code, including EMC §§ 16-5-4(C)(7)(b)(ADU), 16-5-6 (Short
Term Rentals), and 16-11-2 (General Definitions), except as modified below. following definitions
are applicable to this section:
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Applicant: The owner(s) of the real property for which a short term rental permit is
sought. If a property has multiple owners, including joint ownership by spouses, all
persons with an ownership interest must sign the application permit.
ADU: An accessory dwelling unit
Community Development Department: The Community Development Department of the
City of Englewood.
Director: Director of Community Development, or his/her designee.
Enforcement Officer/Premises Inspector: The provisions of this Chapter shall be
administered and enforced by the City Manager of the City of Englewood, or his
designee. The Enforcement Officer, who may be a zoning enforcement officer,
building official, fire marshal, or other designee, will have all legal powers necessary
to enforce this Chapter. Any appropriate enforcement officer may service as a
Premises Inspector, as designated by the Director. Summons and complaints issued
by the Enforcement Officer may be served by the Enforcement Officer, a Code
Enforcement Officer, or a Law Enforcement Officer.
Hosting Platform: Any person or entity that facilitates reservations or payments between
short-term rental licensee and a person seeking lodging accommodations for a period
of less than thirty (30) consecutive days.
Long Term Lease: The lease or rental of a property for thirty (30) days or longer.
Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as
otherwise permitted by law, to be used, developed, or built upon as a unit. If two (2),
or more lots designated by plat, are combined to be built upon as a unit, the combined
lots shall be understood to be a single lot for purposes of this short term rental code.
A. Owner: The Every person(s) at least18 years of age and/or entity listed on the title to
the Short Term Rental (STR) property as found on the current Arapahoe County Deed
of Record, including every trustee and beneficiary (for trusts), member (for limited
liability companies), and/or person with any ownership interest in the entity owner (if
applicable). Such persons are also the persons who sign the "proof of residency"
affidavit. A long term renter is not a property owner.
Owner Occupied: Means the property owner's primary residence. A person can only have
one (1) primary residence.
Permittee: The owner of the dwelling unit that has a valid STR operating permit and
business license.
B. Primary Residence: Means a residence the place in which a person's habitation is
fixed for the term of the license and is the person's An Owner’s usual place of return
for housing, actually occupied by that Owner for not less than 185 days each year and
designated as that Owner’s Home Address on their U.S. Individual Income Tax
Return (unless the Post Office does not deliver to that address). An OwnerA person
can only have one (1) Primary Residence. See 5-31-3 for documentation
requirements. If a STR property is not the Primary Residence of all Owners, the
Owner(s) must declare one or more Owners as the Beneficial Owner, and the STR
property must be that person’s Primary Residence.
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Renter or Lessee: The party contracting to rent the STR for a term less than thirty (30)
day:s.
Short Term Rental (STR): The nightly or weekly rental of a residential dwelling unit, or
portion thereof, with or without a morning meal, ancillary to a primary living use,
excluding hotels, motels, bed and breakfasts, for less than thirty (30) days, including
but not limited to, a single-family dwelling, duplex, townhome, condominium, or
similar dwelling. The term short term rental also includes and applies to "vacation
rentals."
C. STR License: City business license required to advertise or receive payment in
exchange for use or occupation of a Short Term Rental; also referred to as STR Rental
Registration or Operating Permit.
5-31-2: Business Licenses Required.
A. Prior to renting, advertising, or offering to rent a property as a Short Term Rental
within the City of Englewood, the Owner shall obtain:
1. A biennial Sales/Use Tax License under EMC § 4-4-1; and
2. An annual STR License. It shall be unlawful for any person or entity to
offer or provide lodging in the form of a short term rental, with or without a morning
meal, within a residential property located within the City of Englewood, without
obtaining an annual business license from the City of Englewood, in conformance with
this Title.
B. Ineligibility. Properties ineligible for a STR License are: Prior to applying for a
business license in conformance with this Title, the applicant must have complied with
each of the following:
1. Titled in the name of a corporation or real estate investment trust; The property
must be zoned to allow for such use.
2. Zoned I-1, I-2, or PUD; The property owner and primary resident must have a short
term rental registration approved by the Department of Community Development,
including proof of residency and ownership affidavit, if applicable.
3. The property owner must have a short term rental operating permit obtained in
conformance with this Chapter, bearing the signatures of all property owners and
applicable Premises Inspectors. An apartment in a complex comprised of rental
units; or
4. A recreational vehicle, travel trailer, or temporary structure.
C. A business license issued for a short term rental is not assignable or transferable to
any other party or any other property. A property may not be under more than two
(2) rental agreements for any fixed dates and times. Upon the sale or transfer of more
than ten percent (10%) of the legal interest in a property, or the long term lease for
sale of a property used as a short term rental all issued business licenses, rental
registrations, or operating permits become null and void.
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5-31-3: Application for Short Term Rental License, Renewals.Registration.
A. Application Process. Every Owner shall sign a STR License application or renewal,
and submit it with the non-refundable application fee and inspection fee, with:
applicant for a short term rental registration shall submit an application to the City
of Englewood Department of Community Development (CDD).
B. Short Term Rental Registration Requirements. The short term rental registration
form shall be promulgated by the CDD, and shall include the following
documentation:
1. Proof of Ownership of the Subject Property Affidavit. Proof of ownership shall
require A copy of the currenta deed on file with Arapahoe County;
2.
Proof the Subject Property is the Primary Residence of the Owner in the following
zoning districts Unless waived under EMC § 5-31-4, for property zoned R-1-A, R-
1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, orand MU-R-3-C: Proof of
residency requires a signed and notarized "
a. Proof of Residency and Ownership Affidavit" identifying every Owner (if
not evident from the face of the deed), establishing the Property is the Primary
Residence of an individual Owner or Beneficial Owner, and attaching proof of
authorization to execute the Affidavit on behalf of a trust or entity owner, if
applicable; promulgated by the Englewood Department of Community
Development.
b. . Any such affidavit will include an oath that all information included
therein is true and correct under penalty of perjury, and shall be supported by The
first page of the most recent filed U.S. Individual Income Tax Return for the
individual whose Primary Residence is the STR (with financials and social security
number(s) redacted) showing home address as the STR; and
c. State or Federal filed income tax return cover page showing the primary
residence (with sensitive information redacted) and at least one (1) two (2) of the
following, documents indicating the STR property is the individual’s Primary
Residence: a valid motor vehicle registration, Colorado driver's license or Colorado
identification card, or voter registration.
d. Documents required by subsections b and c above may be waived if the
Owner establishes compliance is legally impossible in an appeal to the Board of
Adjustment and Appeals.
3. Signed/Approved Operating Permit. An approved operating permit in accordance
with EMC Sections 5-31-4 and 5-31-5.
4. Acknowledgements and Agreement of:
a. of Right to Inspect. Signed acknowledgement that Tthe City has the right
to of inspection of the STR and all records regarding the STR rental premises for
conformance with the City's life/safety codes at any reasonable time;
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b5. Waiver of Liability. The City is not responsible of Englewood assumes no
responsibility for the operation of the permitted STRs, the Owner waives and releases
the City from property. The owner(s) shall sign a waiver and release of liability, and
the Owner shall acknowledging and agreeing to indemnify, defend and hold harmless
the City of Englewood from any and all claims and negligent acts arising out of the
STR or its operation which may occur from the renting or operation of the STR. Such
indemnification shall include defending the City from any claims arising from the
use of the property as an STR. The owner(s) shall further warrant and agree to
compensate the City of Englewood for any expenses incurred in any defense of any
lawsuit or other action associated with the renting or operation of the STR, and which
is brought against the City.
c. Compliance. The Owner shall comply with all applicable laws and codes,
and shall maintain, during the licensed period, all requirements necessary to obtain
the initial STR license.
d. Service. The Owner shall accept service of any City notice personally, by
posting on the STR, or via US Mail sent to the mailing address provided on the
application to the Owner or designated primary contact person.
56. Certificate of Insurance. Affidavit and a declarations page establishing notification
to the property’s insurer of its use as a STR and that it has STR liability coverage of
at least
a. A permittee shall inform his or her insurance company that the property covered by
the insurance company will be used as a short term rental before any short term rental
transaction is processed, regardless of whether the permittee obtains liability
insurance for the short term rental through that insurance company. The permittee
shall verify compliance with this notification requirement by executing and
submitting an insurance form affidavit provided by the CDD during the application
process.
b. A permittee shall maintain liability insurance to cover use of the short term rental in
an amount determined appropriate by the insurance company insuring such short
term rental, but no amount of less than one million dollars ($1,000,000) in the
aggregate. Such coverage shall be maintained in full force and effect for the term of
the business license. Alternatively, a permittee may elect to conduct each short term
rental transaction through a hosting platform that provides equal or greater insurance
coverage for each short term rental use, and documented upon the insurance form
affidavit.
6c. Homeowners Association. If the STR is subject to property being used as a short
term rental is included in a homeowners association (HOA), an Affidavit establishing
the HOA has been notified of the STR license application and the proposed use
complies with HOA regulations the applicant for a short term rental business license
shall inform the home owners association that the applicant intends to use the
property as a short term rental prior to obtaining a short term rental business license.
The permittee shall verify compliance with this notification requirement by
executing and submitting an HOA form affidavit provided by the CDD during the
operating permit application process.
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7. Floorplan. A scale floorplan of the STR, including all levels;
8. Property Plan. A scale plan for the property showing all parking areas, including a
minimum of one (1) permanent parking space per bedroom for rent, no more than
two (2) of which may be on-street, public parking.
9. Contact information. The
a. Owner. The owner shall provide a cell and/or home telephone phone number, mailing
address, and email address of every Owner and property address, if different from
mailing address. The owner shall agree to accept service of notice of violation at such
address either personally or upon posting of notice upon the property.
b. Primary Contact. Each STR owner or operator shall designate a designated primary
contact person. If the primary contact is not the owner(s), the primary contact shall
be a named individual and the following information shall be provided: cell and/or
home telephone number, mailing address, email address, and business address and
business phone, if applicable. Any change(s) to the primary contact information shall
be provided, in writing, to the CDD, within ten (10) days of such change(s). Failure
to notify the CDD of such change is grounds for revocation of the short term rental
registration and business license. The primary contact shall be available on a twenty-
four (24) hour basis, seven (7) days per week , and be able to provide STR access
and respond to any concerns from renters or the Ccity enforcement personnel. The
primary contact may be the property owner(s) or another person employed by,
authorized by, or engaged by the owner(s) to manage, rent or supervised the STR.
The primary contact shall be able to respond to any concerns that may arise during
any rental period of the STR, including the ability to access the STR in a timely
manner.
10. Posting Notice. A copy of both the short term rental operating permit and the
provisions of Section 5-31-5 shall be conspicuously posted within the area rented
for use as an STR. The visibility of the place of posting shall be confirmed with the
inspector during the inspection of each premises prior to issuance of an annual
operating permit.
11. Regulatory Compliance. All STRs shall meet the standards of all applicable building,
electrical, plumbing and fire codes adopted or amended by the City of Englewood.
12. Additional Documentation. AnyAll other documentation required by referred to
within this Chapter or the City, or as required by the CDD.
D. Ineligible Properties. An apartment complex comprised of rental units may not be
utilized as an STR.
BE. Consideration of Application. Review of Short Term Rental Registration Request.
The City Manager, or designee, shall review each submitted short term rental
registration form, and associated documentation as required by this Title and
Chapter, within thirty (30) days of receipt of any such Registration Form. Following
determination that the application is complete, the registration form and associated
documentation shall be referred to all applicable City departments for review
regarding conformance with all applicable Codes of the City of Englewood. Within
sixty (60) days, following the filing of the application the City will either request the
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Owner amend the application, or notify the Owner applicant of denial or
approval.will be provided with a written determination of approval/disapproval of
the STR
1. The Owner shall pay the STR License fee within 30 days, and the STR License
shall be issued immediately thereafter.
2. The application shall expire and terminate if the Owner, without requesting an
extension in good faith, fails to: pay the STR License fee within 30 days of
approval, or amend an application within 15 days of request. registration request.
A property operating as an STR without a STR business license, rental
registration and operating permit shall not be eligible to receive any such license
or permit until thirty (30) days following compliance with these regulations and
all applicable zoning regulations.
F. Non-assignable. A short term rental registration may not be transferred or assigned
to any other party or any other property.
C. Renewals. Applications for STR License renewals may attach any Affidavit
previously submitted, if its content is accurate.
D. Affidavits. All Affidavits required by this Chapter shall be on the City form, signed
under penalty of perjury, and notarized by a Colorado licensed notary.
5-31-94: Waiver of Primary Residence Requirementfrom Administrative
Regulation(s).
A. Waiver from Regulation(s). The Board of Adjustment and Appeals may, upon
application from the owner waive or modify the Primary Residence requirement in
EMC § 5-31-3(A)(2) if the Owner establishes in a quasi-judicial hearing under EMC
Title 1 Chapter 10:, authorize waivers from the strict application of the following
provision(s) of this Chapter:
1. Requirement that a short term rental be owner occupied. NOTE: proof the subject
property is the primary residence of the owner is only required in the following
zoning districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, and
MU-R-3-C.
B. Requirement for Approved Waiver. Unless an approved waiver from regulations is
on file with the City Clerk, short term rental businesses must be in compliance with
all operating, registration and licensing regulations set forth within this Chapter. A
waiver is not assignable to any other person/entity or transferable to any other
property. It shall become null and void upon sale or transfer of the more than ten
percent (10%) interest in the property.
C. Form of Application. The application for waiver from regulation(s) shall be
promulgated by the Department of Community Development. Such application shall
provide for the applicant to respond to each of the following waiver standards:
1. A statement of any and all . special circumstances or Cconditions peculiar to the
particular business or property or Oowner that do not apply generally to all STR,
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such as short term rental businesses or enterprises; and property located in
commercial or medical/wellness districts, owned and managed by a medical facility,
or adjacent to a medical facility for predominant rental in support of patient care;
2. An explanation of why the requested waiver will not weaken the general purposes of
this Chapter as to the subject property; and
3. An explanation of how the property owner will provide aAlternate effective means
of assuring Owner oversight and regulatory compliancethe goals of the regulation(s)
sought to be waived will be upheld, and that the STR neither the waiver nor the
alternate means of assuring regulatory compliance will not alter the essential
character of the area, such as through implementation of a noise monitoring device
or an affidavit district in which the short term rental is located.
Examples of alternate effective means include, but are not limited to:
a. Affidavit from a hospital/medical facility establishing the STR will be predominantly
that such STR is regularly rented in support of patient care or that the STR .
b. Affidavit from hospital/medical facility that such STR is regularly monitored by such
hospital/medical facility on a twenty-four (24) hour basis.
D. Filing Application; Hearing Procedure. Upon receipt by the City Clerk or Clerk of
the Board of any application for a waiver from Regulations, the same shall be referred
to the Board, and a date, time and place for hearing thereon shall be set, which shall
direct public notice thereof to be given in conformance with Section 1-10-2-6;
provided, however, that the Board may authorize its Clerk to set a date, time and
place for hearing upon receipt of such application in lieu of such action by the Board
itself. The Board shall hold a public hearing on the proposed waiver from regulations
in conformance with Title 1, Chapter 10.
E. Criteria for Approval. The Board may waive or modify any of the provisions set
forth in Section 5-31-11(A) if it finds that applying such regulation or regulations to
the short term rental is unnecessary in accordance with the criteria listed below:
1. Special circumstances or conditions peculiar to the specific STR or property owner
exist that do not apply generally to all short term rental businesses or enterprises.
Examples of special circumstances may include:
a. Property located in a district zoned for commercial or medical uses,
b. Property owned and managed by a medical facility/hospital,
c. Property owned and managed by an abutting property owner, and regularly rented in
support of patient care.
2. The requested waiver from regulation(s) will not weaken the general purposes of this
Chapter.
3. The property owner will provide alternate effective means of assuring the goals of
the regulation(s) sought to be waived, and such alternate means will not alter the
essential character of the district in which the short term rental is located.
Alternate effective means may include, but are not limited to:
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a. A twenty-four (24) hour on-duty maintenance manager located within one (1) mile
of the property,
b. Installation of noise detection system.
F. Findings of Fact and Conclusions of Law. Following such hearing, the Board shall
make written findings either approving, conditionally approving, or denying the
waiver from regulation. The decision on whether to approve or deny an application
for a waiver from regulation shall be in writing, based upon substantial evidence
presented at the public hearing.
BG. Procedure Following Approval. Any order approving the requested waiver shall
provide the waiver effective date and duration, and any additional conditions and
documentation necessary to obtain and maintain the waiver. If the application is
approved a form, as promulgated by the Department of Community Development,
shall be completed by the Board and signed by the Chair of the Board, and filed with
the City Clerk, setting forth the following information, and any other information
necessary to proper documentation of any approval or denial of such request for a
waiver of regulation:
1. Date such waiver from regulations becomes effective;
2. Duration of the waiver from regulation(s);
3. Clear statement of that regulation(s) for which a waiver has been approved;
4. Any documentation the property owner must submit to the enforcement official, and
the regularity of such submission of documentation, proving the grounds for the
waiver of regulation continue to exist; and
5. Any additional regulations imposed upon the property owner and property to assure
the waiver from regulation(s) will not weaken the general purposes of this Chapter.
CH. Post Decision Remedies. WInitiation of the following remedies must occur within
thirty (30) days after issuance of the Board order, any interested party may request a
rehearing based on material decision. For the purpose of this subsection, the Board
decision shall be the vote on the waiver request.
1. Rehearing. If the applicant or an interested third party finds evidence that was not
available at the time of the hearing. The Board shall grant the request, and hold a
second quasi-judicial hearing, if the applicant establishes the new evidence was not
available at the original hearing and that the new that may materially bear on the
case, a request for a rehearing may be made to the Board. The request shall be in
writing and contain the following:
a. A summary of the new evidence.
b. The reason the evidence was not available to the Board at the original hearing.
c. A statement as to why it is believed that the evidence will materially affect the
decision of the Board.
2. The Board shall hear the request for rehearing and shall vote on the issue of granting
a rehearing. The chairperson shall announce the Board's decision. If a rehearing is
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granted, a new date will be set for a public hearing and all posting and publication
requirements shall apply and shall be the responsibility of the original applicant. If a
rehearing is denied, the original Board decision shall stand.
3. Reconsideration. If a Board Member believes that the Board would benefit from
reviewing a Board decision, a motion for reconsideration of the decision may be
made. If the motion to reconsider fails, the original decision stands. If the motion to
reconsider is approved, the original waiver request shall be reheard by the Board.
The Board may reconsider the waiver request immediately or may continue the
reconsideration to a date certain.
4. The reconsideration shall be limited to the facts presented in the original waiver
request and no new evidence shall be taken. The Board may confirm, reverse, or
modify the original decision.
I. Appeals of Board Decisions. Appeals of final decisions of the Board may be made
to the District Court pursuant to Rule 106, Colorado Rules of Civil Procedure.
5-31-45: Operational Regulations on Short Term Rentals Operating Permit.
A. STR Operating Permits Required. All STRs must have a valid and current operating
permit. An operating permit shall be effective for twelve (12) months, and shall go
into effect upon the date of issuance, unless surrendered, suspended or revoked for
cause. Operating permits shall be issued by the CDD in accordance with this Chapter.
B. Non-Assignable. An operating permit issued for a short term rental may not be
transferred or assigned to any other party or any other property.
C. Posting the Operating Permit and Life/Safety Information. The operating permit
shall be signed by all owner(s) of the real property used as an STR and be
conspicuously posted within the area rented as an STR. Additionally, the life/safety
information set forth in Section 5-31-6 shall be conspicuously posted within the area
rented as an STR.
D. STR Operating Requirements.
1. Accountability. The STR shall be the legal responsibility of the legal owner(s) as set
forth on the application and permit, and the owner shall agree to accept notice of
violation either in person or upon posting upon the property.
2. Primary Residence. A residence used as an STR shall be the primary residence of
the legal owner(s), except when a waiver of this provision has been issued by the
Board of Adjustments and Appeals.
A3. Accessory Dwelling Units (ADU). An ADU may be utilized as a STR. A STR
License will only issue for an ADU or the primary structure, but not both. For parcels
containing ADUs the owner, if such owner is also the primary resident of the main
residence, may obtain an STR permit, for the main residence only. STRs are not
permitted in ADUs.
4. Maximum Occupancy per Bedroom. An STR shall not exceed two (2) adults per
bedroom.
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B5. Maximum Occupancy of Premises. The maximum overnight occupancy of an STR
shall be no more than two persons per bedroom plus two persons, but in no event
shall an STR exceed a maximum occupancy of eight (8) persons. A studio ADU is
one bedroom.
6. Prohibited Structures. No STR shall be located in any recreational vehicle, travel
trailer, or temporary structure.
C7. Limitation of Rental Contracts. No STR shall be under more than two (2)
simultaneous rental contracts.
D8. Limitation on Multiple Uses. When occupied by a Renter, a STR During any rental
period, the STR shall not be used only for lodging for any purpose (e.g., home-
based business, temporary event, etc.) by the renter or owner other than lodging
purposes; home-based businesses, venue for parties or events, and other non-
lodging purposes are prohibited.
9. Parking. All STRs shall provide one (1) parking space per bedroom. STRs lacking a
paved parking space in a driveway, garage, or carport shall be limited to two (2) on-
street parking spaces. These on-street locations shall remain public and may not be
reserved by the use of any signage. Any advertisements or listing of the STR shall
provide the number of parking spaces available for use by the renter, and the location
of such parking spaces (on-street, off-street). The number of bedrooms for rent may
not exceed the number of available parking spaces.
E10. Premises Inspection. Upon payment of the inspection fee, an STR applicant shall
complete and submit an initial premises compliance and safety check on the City
form. Thereafter, the City shall inspect the STR for compliance with applicable
regulations, and issue Each property shall complete an initial premises compliance
and safety check in conformance with a checklist promulgated by the CDD. Upon
determination of compliance with this Chapter by the Premises Inspector, the
property shall be issued a certificate of inspection for STRs that comply. No STR
License will be issued without a certificate of inspection, and a reinspection with
accompanying fee may be required to obtain the certificate. Annual premises
inspections shall be completed in accordance with Section 5-31-5(J). During the
inspection the Premises Inspector shall verify the posting place within the premises
is conspicuous.
5-31-5: Special Conditions and Restrictions of the Short Term Rental Business
License.
Violation of any of the following provisions may result in revocation of the business
license and short term rental registration:
A. Fees. Fees associated with the issuance of the operating permit, registration, business
license and any other requirements of this Chapter, shall be established by action of
the Englewood City Council, and set forth within the City's Fee and Rate Schedule.
B. City Tax Certificate. The owner of any STR issued a business license by the City of
Englewood must obtain a valid City of Englewood Sales Tax Certificate within thirty
(30) days from the approval of the business license application.
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C. State Tax License. The owner of any STR issued a business license by the City of
Englewood must obtain a valid State of Colorado sales tax license within thirty (30)
days from the approval of the business license application.
FD. Tax Liability. STRs shall be subject to sales and lodging taxes under EMC § 4-4-4-
1, which shall be collected and remitted by the License Holder as required by law.
Owners and operators of STR shall be subject to, and responsible for, all sales and
lodging taxes as set forth under Title 4-4-4-1, Lodging Services of the Englewood
Municipal Code. The requirements of EMC 4-4-4-1 are hereby deemed to
incorporate and be applicable to all STRs. Failure to collect and remit all applicable
sales and lodging taxes at the City, State or Federal level is grounds for revocation
of the operating permit.
GE. Life Safety. All STRs shall contain the following: a minimum of one (1) operable fire
extinguisher per floor (or more if deemed necessary during athe premises inspection),
operable smoke detectors in each sleeping room, and an operable smoke detector and
carbon monoxide detectors (or a combination unit) outside of each sleeping area in
the immediate vicinity of the sleeping rooms. in all rooms used for sleeping purposes,
and operable smoke detectors on each floor of the STR. An STR with Lliving or
sleeping areas within a basement area shall havebe equipped with egress windows
and other appropriate exits systems.
HF. Noise. No person shall make, cause, permit or suffer,Owner shall allow any Renter
to violate applicable law at the STR, including EMC § 6-2-8 (maximum noise levels)
any unreasonable noise from any STR that is in excess of the sound pressure limits
set forth in Section 6-2-8 of this Code.
G. Property Maintenance. The STR property shall be properly maintained and free of
loose, uncollected trash, garbage, and litter. The owner(s) or management company
shall comply with all property codes of the City of Englewood.
IH. Signs. A permitted STR may display dwelling is permitted one (1) exterior non-
illuminated, non-animated sign, no more than up to a maximum of one (1) square
foot in area. The sign shall not be illuminated nor contain any animation.
I. Owner(s) Responsibility for Compliance. Compliance with the terms and conditions
set forth in this Chapter shall be the responsibility of the legal owner(s) of the STR,
as set forth on the application and proof of residency and ownership affidavit, and
cannot be delegated to any other party. Any violations of any term or condition of
this Chapter are strictly the responsibility of the owner(s), and any summons and
complaint served for any violation shall be served upon the owner(s) of the STR.
J. Operating Permit Renewal. All STR permits shall be renewed through the CDD on
an annual basis. All renewals shall include an updated inspection of premises,
including a compliance and safety check, signed by applicable code enforcement
personnel, any updates to the information required for a short term rental operating
permit, and proof of payment of all renewal and permit fees.
K. Change of Ownership. Any change of owner, officer, director, or holder of more than
ten percent (10%) of the ownership of any STR shall render such STR business
license, rental registration, and operating permit null and void.
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L. Affidavits Under Oath. All affidavits required by this Chapter shall be signed under
penalty of perjury.
M. Publication of Business License Number. Any short term rental permittee shall
include their City of Englewood business license number upon any advertisement to
lease such property as a short term rental, including upon any hosting platform, or in
any other form of advertisement of the STR.
5-31-6: Posting within Short Term Rentals of Life/Safety Information.
The following shall be conspicuously displayed within every STR:
The owner(s)/operator(s) shall post the following information inside the area rented as an
STR in a conspicuous location for any renters/:
A. The provisions of A copy of the regulations and requirements regarding short term
rental operating permits; EMC § 5-31-5(B-D, G-H);
B. The Contact information for the designated primary contact person described in
EMC § 5-31-3(A)(9) name, address, and telephone numbers of the primary contact
person, management company, or owner of the STR that can be reached on a twenty-
four (24) hour basis;
C. The maximum number of persons allowed to occupy the STR;
D. Location of parking spots, described in EMC § 5-31-3(A)(8) The maximum number
of vehicles allowed to park on, or in front of, the STR property;
DE. Information The STR’s regarding trash/garbage and recycling storage and removal,
recycling storage and removal, including the days and location of pick-up, Clearly
defined garbage and recycling areas shall be provided; any fire and water restrictions
in place, fire evacuation routes, and other information required by the City applicable
to the STR and surrounding neighborhood;
EF. A copy of the STR License The property address, including house number, street
name and city;
FG. The A list of non-emergency telephone numbers for public safety agencies, including
non-emergency number of the police department; and
GH. The location of all fire extinguishers and exits, including egress windows.; and
I. During the annual premises inspection, the inspector shall verify the place of posting
is conspicuous to the renter(s).
5-31-7: Suspension, Revocation/Termination/Surrender of Business STR License
and Operating Permit.
In addition to any basis for suspension or revocation under Chapter 1 of this Title, the
following shall apply to STR Licenses:
A. Automatic RevocationSurrender. A STR License shall be automatically revoked for:
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1. Business licenses, rental registrations, and operating permits shall be
deemed surrendered upon delivery to the City of Voluntary Surrender. Wwritten
notice by or on behalf of the Owner indicating the property owner(s), or
representative, that a dwelling or property will no longer be used as a STR; short
term rental.
2. Change of Ownership. Any change of STR ownership of more than ten
percent (10%), unless a STR License application submitted by the new Owner(s) is
pending;
3. Expiration. Expiration of a STR License or Primary Residence Waiver
under EMC § 5-31-4, without submitting a renewal application prior to expiration;
or
4. Failure to maintain any condition required to obtain the STR License,
including Primary Residence and Insurance.
B. Termination. A termination of the business license, rental registration, and operating
permit occurs when the ownership of the property has been sold, assigned, or
otherwise transferred to a new owner(s), or the current STR permit holder has failed
to obtain a renewal of the operating permit on or before its annual renewal date.
B. Suspension. A STR License shall be suspended for failure to:
1. Notify the City within ten (10) days of a change to contact information
described in EMC § 5-31-3(A)(9);
2. Allow access or timely request rescheduling after service of a Notice of
Inspection;
3. Pay the reinspection fee under EMC § 5-31-9(B)(1);
4. Timely request a hearing, inspection, or comply with a written order to
comply under EMC § 5-31-9(C); or
5. As ordered by the Licensing Officer or otherwise required by Municipal
Code.
C. Revocation. Any STR operating permit may be revoked for cause or suspended by
the Director, or his/her designee, after written notice to the owner(s) for the following
violations:
1. Violation of any term or condition of the operating permit, or for any violation of
any provision set forth in this Chapter, if such term or condition is not abated in
conformance with an administrative notice of violation, or is deemed egregious by
the Director.
2. Violation of any provision of the Englewood Municipal Code, City Ordinance, or
State law relating to the maintenance of the permitted property operating as an STR,
if such term or condition is not abated in conformance with an administrative notice
of violation, or a failure to remain in compliance with all City or State sales tax
regulations.
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3. The existence of any condition, or performance of any act, which the City determines
constitutes nuisance or causes a condition endangering the health, safety and welfare
of any individual(s), or has caused damage to the STR dwelling unit identified by the
operating permit, including damage caused by fire, flood, wind, or other natural
disaster, if such condition or act is not abated in conformance with a notice of
violation.
4. After a third violation of any provision of this Chapter, the Englewood Municipal
Code, or applicable State or Federal law or regulation has been administratively
verified, the Director of Community Development, or his/her designee, shall revoke
the STR operating permit and rental registration. Notice of revocation shall be
conveyed to the Business Licensing Officer for revocation of the business license.
5. Upon revocation of any short term rental business license, the licensing officer shall
notify hosting platforms that the business license has been revoked, and the period
of time associated with such revocation.
CD. Denial/Temporary Denial. The Licensing Officer Director of Community
Development, or his/her designee, may deny an application for a STR License or
renewal or withhold the approval of a renewal of an annual operating permit if the
property is in violation of any EMC provision. applicable title or chapter of the
Englewood Municipal Code.
DE. Term of Revocation. No STR or Owner is eligible for a STR License until at least
eighteen (18) months have elapsed after STR License revocation for the following
reasons: fraud or misrepresentation in the STR License application; willfully and
knowingly creating or allowing to exist a dangerous condition at the STR; failure to
maintain Primary Residence, if required; two STR License suspensions in any 12-
month period; issuance of three orders to comply in any 12-month period, unless
dismissed after hearing or appeal. The owner(s) of an STR business license, rental
registration, and operating permit that has been revoked for a violation shall not apply
for another STR operating permit for a period of eighteen (18) months for any
property.
EF. Administrative Appeal. Any denial, suspension, temporary denial, or revocation or
other decision of the City regarding of an STR business Llicense, rental registration
or operating permit may be appealed under Chapter 1 of this Title. to the Board of
Adjustment and Appeal in accordance with the procedures set forth in Title 1,
Chapter 10 of this Municipal Code.
F. Notification to Hosting Platforms. The Licensing Officer shall notify known Hosting
Platforms when a STR License has been revoked or suspended, and direct removal
of the STR from that platform.
5-31-8. Hosting Platforms, Records, Advertising.
A. Advertising Unlicensed STR. Should any Hosting Platform list, advertise or receive
payment, directly or indirectly, for an unlicensed STR in the City, in addition to any other
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fine or other action authorized by law, the Hosting Platform shall pay a minimum
administrative penalty of one thousand dollars ($1,000.00) per violation per day.
B. Advertising. Every Hosting Platform and License Holder shall, on every effort to
solicit a STR Renter or otherwise list or advertise a STR, clearly provide or display:
1. A valid City STR License number;
2. The number of parking spaces available for use by the Renter; and
3. Maximum occupancy of the STR.
C. Records.
1. For at least three years, each License Holder shall maintain the total number
of nights, the dates the STR was rented, and the amount of gross rental revenue paid.
2. For at least five years, each Hosting Platform shall maintain the following
records of STR transactions within the City:
a. Name of the person who offered the STR;
b. Address of the STR;
c. Dates for which the STR was booked by a guest through the Hosting
Platform;
d. Name and contact information of each guest booking the STR;
e. Total price paid by each guest to the Hosting Platform for each STR
transaction; and
f. Englewood STR License number.
D. The City shall make publicly available a list or map of licensed STRs, and a list of
STR Licenses suspended or revoked, issued an order to comply (unless dismissed), or
cited for violation of this Chapter.
5-31-98: Compliance, Enforcement.
A. Every Owner shall be strictly liable to ensure compliance with all provisions of this
Chapter, including requirements to operate a STR and to obtain a STR License, and
may be prosecuted or subject to other administrative and/or enforcement proceedings
for any violation. Allegation of Violation of this Chapter. The Enforcement Officer
shall be responsible for the enforcement of all provisions of this Chapter in
association with a short term rental operating permit and a short term rental
registration, and is hereby authorized to undertake all investigations of violations of
such as set forth in this Chapter, to issue notices and orders, to issue summons and
complaints for prosecution in the Englewood Municipal Court, to bring any legal
action in other courts of competent jurisdiction, and to take other measures as are
necessary for the enforcement of the provisions of this Chapter. Violations of the
business license shall be enforced in accordance with Chapter 1 of this Title.
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1. Right of Access/Inspection. Pursuant to the terms of the operating permit, the
Enforcement Officer has the right of access and entry upon any property operating
as an STR with a valid STR business license and operating permit, at any reasonable
time, and upon reasonable suspicion, to make inquiry and inspection to determine if
health or safety violations exist upon the property in violation of any Title of the
Englewood Municipal Code.
2. B. Notice of Inspection. Unless a property is inspected at the request of an
Owner, at least three days pPrior to an inspection, the City shall post on the STR or
serve on any Owner or designated primary contact notice of inspection providing:
the Enforcement Officer shall provide notice of the intent to inspect to the owner(s)
of the STR property. Such notice may be personally served upon the owner(s), or by
posting the notice on the STR property, by mailing the notice to the owner(s) at their
last known address, via U.S. Mail, postage prepaid, or by publication in a newspaper
of general circulation. The notice to inspect shall be deemed served when personally
served, posted upon the property, or upon three (3) days from the date of mailing.
3. Contents of Notice of Inspection. The notice of inspection shall include the date and
time that the notice was served, posted, or mailed, the date and time of the proposed
inspection, a directive request that anthe Oowner(s) be present for the inspection, and
City contact to request rescheduling. the name and contact information of the
Enforcement Officer, and a specific statement as to each suspected violation. The
property owner may contact the Enforcement Officer to seek another time for the
inspection, as long as such inspection occurs within three (3) business days of having
received the notice of inspection.
14. Failure to Comply with Notice, Reinspection. Should an Owner fail Failure to allow
access to the STR at the scheduled inspection or to contact the City at least 24 hours
before the inspection to reschedule, the License Holder shall pay a reinspection fee
for a second inspection. comply with inspection notice, or make the property
available for inspection, shall be grounds for revocation of the business license and
operating permit in accordance with EMC 5-31-7 above.
CB. Administrative Compliance/Notice of Violation Noncompliance. Procedures
described in EMC § 5-1-9 shall apply, except as modified by this Chapter and as
follows:
1. Notice of Violation. Following inspection, or upon other evidence of non-compliance
with this Chapter the Enforcement Officer shall provide written notice of the
violation(s) of this Chapter to the owner(s) of the STR premises.
2. Receipt of Notice of Violation. The notice shall be deemed received immediately
when served upon the owner(s)
1. Service. An order to comply, notices, and other documents may be served on any
Owner or the designated primary contact, by posting such notice on the permitted
STR property, or by personally serving or sending via certified mail on any one of
them. the notice to the owner(s) at the address provided for such service. The City
may serve a Hosting Platform via certified mail to the registered agent, or as
otherwise authorized by law.
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3. Contents of Notice of Violation. All notices shall include the following information:
a. The common address or legal description of the property upon which the STR is
located;
b. A specific notice that the owner(s) of the property is/are in violation of the
Englewood Municipal Code, specifically listing those sections of the Code of which
the property is alleged to be in violation;
c. An administrative order directing the owner(s), or primary contact, of the property
to correct the condition within five (5) days of the date of receipt of said notice, such
compliance date to be clearly stated upon the face of the notice;
d. Contact information for the Enforcement Officer assigned to the matter;
e. Notice that the administrative order may be appealed to the Board of Adjustment and
Appeals in compliance with the procedures in Title 1, Chapter 10 of the Englewood
Municipal Code;
f. Notice that failure to comply with the administrative order, or file an appeal of such
order, within the time provided upon such notice, or extension thereof, shall result in
the immediate revocation of the STR operating permit and business license.
g. Notice that such violations may be subject to criminal prosecution, in addition
to any administrative action or order.
24. Compliance Inspection. In lieu of requesting a hearing under EMC § 5-1-9(A)(2), an
Owner may request an inspection for violations requiring remediation by filing a
request and paying the City inspection fee before the period for compliance expires.
Within five (5) business days of request, the City shall inspect the STR to confirm
resolution of the violations and notify the Licensing Officer of the outcome. For
properties not in compliance, the Licensing Officer shall either suspend the STR
License until compliance is achieved or may grant an Owner’s request for a
reasonable extension of time to resolve the violation(s) if the Owner following
receipt of the administrative notice and order, the property owner or primary contact
shall contact the Enforcement Officer to schedule inspection of the property. The
Enforcement Officer shall provide a compliance inspection, and shall dismiss the
administrative order following a determination that the property is in compliance
with the provisions of this Code.
5. Extensions of Time. The Enforcement Officer is authorized to provide one
(1) extension to the notice of no more than five (5) days, including weekends and
holidays, following a compliance inspection of the property if the Enforcement
Officer believes the property owner made a good faith but unsuccessful effort to
correct the violation(s), and such violation(s) may be successfully remediated within
such additional time. The Owner must request a second compliance inspection at or
before the expiration of the extension, and pay the reinspection fee.
6. Notification to Hosting Platforms of Revocation. At the end of the compliance period,
or any extension thereof, if the administrative order has not been dismissed by the
Enforcement Officer, the Enforcement Officer shall notify the business licensing
division of the City of Englewood that the business license for the STR shall be
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revoked pending compliance with the administrative order, and hosting platforms
notified of such revocation.
7. Administrative Appeal. An administrative order may be appealed to the Board of
Adjustment and Appeals in compliance with the procedures in Title 1, Chapter 10 of
the Englewood Municipal Code.
C. Municipal Prosecution; Summons and Complaint; Notice to Appear; Right to
Proceed; Fines and Costs; Appeals.
1. Municipal Search Warrant. If the owner or primary contact fails to schedule a time
for the compliance inspection within five (5) business days following service of the
administrative notice, the Enforcement Officer may seek a search warrant for the
inspection of the premises under the provisions of Section 1-7A-4 of the Englewood
Municipal Code.
2. Issuance of Citation. If the Enforcement Officer has not made a determination that
the property is in compliance with the Englewood Municipal Code within the time
provided for compliance with the administrative notice of violation, the Enforcement
Officer is authorized to issue to the owner(s) of the STR property a summons and
complaint and notice to appear in the Englewood Municipal Court to answer to
charges of a violation of this Chapter, and to take all administrative action associated
with revocation of the STR business license and operating permit. Summons and
complaints issued by the Enforcement Officer may be served by the Enforcement
Officer, a Code Enforcement Officer, or a Law Enforcement Officer.
3. Administrative/Civil Enforcement. During the pendency of the case in the Municipal
Court, the City shall not be precluded from addressing the violations of this Chapter,
or any other Title of the Englewood Municipal Code applicable to the STR, through
administrative or civil action to bring the STR property into compliance with this
Chapter or the Englewood Municipal Code, or any other applicable law or regulation.
The business license and operating license may be administratively revoked in
compliance with this Chapter, in addition, to criminal prosecution.
D4. Penalty Provisions. In addition to any other penalties or administrative or civil
actions for violating this Chapter, Any person, upon a finding or admission of guilt
in any criminal prosecution arising out of operation of a STR: found guilty by the
Municipal Court of violations of this Chapter, or who enters a plea of guilty or nolo
contendere, to any violation of this Chapter, or any other violation of the Englewood
Municipal Code in association with the operation of a STR, shall be subject to the
provisions of the general penalty, EMC Section 1-4-1, and
1. The Court shall be ordered the Defendant to comply with applicable
Englewood Municipal Code prior to allowing a Renter to occupy the STR; to bring
the property and/or violation into compliance before re-letting the property to any
short term renters.
2. The minimum fine imposed for a violation of this Chapter shall be: five
hundred dollars ($500.00) for a first violation; one thousand dollars ($1,000.00) for
a second violation; and one thousand five hundred dollars ($1,500.00) for third and
subsequent violations;
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3. Any fines, fees, costs, or restitution imposed may be collected by the City
by any means allowed by law, including a lien against the property at issue; and
5. Costs. Any person convicted of a violation of this Chapter, or any other violation of
the Englewood Municipal Code in association with the operation of a STR,
4. In addition to other fees, fines, and costs imposed, the Court shall may be
assess against the defendant ed a fine, court costs, and all reasonable costs and fees
imposed by this Chapter and/or incurred by the City for service, investigation,
enforcement, and prosecution of the violation(s). associated with service of any and
all notices upon the property incurred by the City in association with the enforcement
of this Chapter.
6. Notification to Hosting Platforms. All hosting platforms shall be notified by the
business licensing division of the City of Englewood when a short term rental's
business license/operating permit has been revoked, and such entities will be directed
to remove the short term rental from any lists of properties advertised for rental.
E. Operation of a STR without a valid STR License shall constitute a use in violation
of Code authorizing the City to prevent occupancy by suspending the Certificate of
Occupancy (CO) of the Premises under EMC § 8-1-10(D) for the shorter of 10 days
or issuance of a STR License.
1. The Owner shall pay the CO Suspension fee, and—if the property is
occupied while the CO is suspended—an administrative penalty per night occupied,
in the amount of: the total paid by a STR renter for that night or $100, whichever is
greater.
2. A CO suspension may be appealed under EMC § 5-1-9(D). Any suspension
shall be stayed until resolution of the appeal.
Section 2. Short-Term Rental License Fees
The City fee schedule shall be amended to reflect the amount of the following non-refundable
fees in Title 1, Chapter 31 to: reimburse the City for costs and time incurred in evaluating and
issuing applications, renewals, inspections, and CO suspensions; to discourage submission of
incomplete or improper STR applications that unnecessarily utilize valuable City staff time; and
to encourage the timely amendment of incomplete applications:
Short-term rental License new application fee, renewal of expired license application fee: $500
Short-term rental License fee (both new and renewal): $200
Short-term rental License renewal application fee, if filed prior to expiration of the License: $300
Inspection/Reinspection fee: $55.00
Certificate of Occupancy Suspension Fee: $55.00
Section 3. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
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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.
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, and has authority to correct formatting
and/or typographical errors discovered during codification.
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.
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Introduced and passed on first reading on the 17th day of April, 2023; and on second reading, in
identical form to the first reading, on the 1st day of May, 2023.
Othoniel Sierra, Mayor
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 an Ordinance, introduced and passed in identical form on
first and second reading on the dates indicated above; and published two days after each passage
on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become
effective thirty (30) days after first publication on the City’s official website.
_________________________________
Stephanie Carlile, City Clerk
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