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HomeMy WebLinkAbout2018-06-28 CEAC Synopsis and Bylaws [Amended]CODE ENFORCEMENT ADVISORY COMMITTEE: A Service; section of the Department of Safety Services. The Committee makes recommendations to Ci Council and to the City Manager or designee for improvements relating to the Neighborhooll.. Services in thecity. Source ofAuthority: Ordinance 71 of 1997 Appointed y: City Council Membership includes: Council Liaison, Assistant Cavity Manager, Code Enforcement Staff member, Police Department Staff as Recording Secretary The Committee consists ofseven 7 members, serving two year terms. it will also have three ex -off icio staff members appointed by City Manager and two Council liaison members. 2- 10 EMCI Bylaws: Yes updated. A 2-10-1 BOARDS AND COMMSSIONS 2• -6 Chapter1 CODE ENFORCEMENT ADVISORY CCJ► 1NI rM 2.10-1' 2-10- . composition and MemberaWp. 2-1 2-1 -A: Comp ti . 2-10* Powers d Duties. 2.1 Appointment f Officers and Adoption of Rules. 2• 0- ; -1: Purpose. abate situationsat we deemed'- mentale ty and welfare e Enforcement Advisory Committee is ofthe community establishedep e t advisory committee Title 16 of this Code.e Committee shall focused on the activities and services of code make recommendations to tha City o- enforcement and regulatory processesofthe cil f e addition, deletion revision or o Services section o e Police a of ordinances. ent. (Code 1 -1 1; Ord., § 3) B. Review a processes, procedures and ad- ministrative 'o of the Neighbor- 2.10-2.- Composition hood Services Division. Make r o e- e Committee will co of s a «o e $ or histber membe appointed YCouncil,designeefor -o .o staff membersy the City improvements. Establishenforcementpriorities' for City Managero o onmembers. staff to followassure protection of the ode 1985, § 2-10-2; Ord. - community utahmg$ . e resources pro- vided. recommendations to the City Members.a or designee for adjust- Members will _ e appointeds en staffo resources of o years. e iCouncil appoint- e on the needs of the community. ments to fill vacancies for unexpired conduit of communicationbe- 2-1- (Codee e City and the community, and -1Compensation. a e sess e` o a 'o es- sary to make sound recommendations to e members of the Committee shall a the City for service delivery, without compensation. (Code 1985, § 2-1 ) Reasonable es directly related per- forming ' u 'es of the Committee shall be -1 - a o' e t Officers Appointment cave . ,o of Rules. e Committees organize, o admin- 2-10.5-.. Powers and Duties. istrative _ rules and procedures and elect o its e e s officers it s deemnecessary The Code EnforcementCommittee accomplish purposes. Officers of the Com- shall have the following o e d duties: i_ ee shall be elected for one-year terms. No A. Conduct a comprehensive review of u- officer shall serve in the same capacity for o ai ..pal ordinances intended to pr e t or than two consecutive Sapp. N. 22 .1 ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITTEE BYLAWS THE ENGLEWOOD CODE ENFORCEMENT ADVISORY THE FOLLOWING BY" FOR THE TRANSACTION t ARTICLEt NAME AND MISSION SECTION 1. NAME The name of this organization is the "Code Enforcement Advisory Committee," hereafter referred to as the "Committee." SECTION The Committee was established in accordance with ordinance 1997-7 J adopted by the City Council on September 4, 1997. That enabling ordinance was incorporated into n le ood's Municipal Code (r C"] in Title 2, Chapter 1 0. Title 2, Chapter 10 was amended b Ordinance 2000-09 to reduce the number of members from 11 to 7, and to establish the Committee as a permanent advisory Committee to the City Council, Title 2, Chapter 10 was further amended by Ordinance 2008-05 to amend the language to remove reference to the Neighborhood Services Division or Neighborhood Services section of the Safety Services Department, and replacing such references with references to the Code Enforcement section of the Police Department. SECTION The Code Enforcement Advisory Committee is established as a department advisory committee focused on the activities and services of code enforcement and regulatory processes of the Code Enforcement section of the Police Department, SECTION L To adopt bylaws to facilitate the attainment of its purpose and functions, in accordance with EMC 2-6-A 2: To plan, initiate, directand coordinate community -wide efforts to thieve its goals. e To solicit and accept donations and appropriations of money, services, products, property, and facilities for expenditure and use by the Committee for the accomplishment of its objectives. All such donations and appropriations shall be documented and such document submitted to the City Manager, or designee, to _ assure compliance with the Charter of the City of Englewood, Section 80. ARTICLE It MEMBERSHIP SECTION 1. MEMBERSHIP. The membership of the Committee shall be as set forth in EMC Title 2, Chapter 10. A. The Committee will be comprised of seven members appointed by City Council. B. Three ex-officio members are selected by virtue of their position with the City. C. Two City Council liaisons shall serve as a channel or means of communication between the Committee and the City Council. D. If council so desires to appoint alternate members to the Committee, such alternate members shall conform to the membership requirements of these bylaws, -except they may not vote upon matters at meetings where they are not serving to in lieu o a regular member, SECTION, Members will be appointed to overlapping terms of two years, VACANCIES.SECTION 3. The City Council shall make appointments to fill vacancies for unexpired terms, In accordance with Arficle 2, Chapter 13 members appointed to vacancies will serve out the remainder of the vacancy or two 2 years, whichever is shorter. SECTION . COMPENSATION. The members of the Committee shall see without compensation, SECTION . Members of the Committee shall make it a regular practice to attend the full length of the Committee's regular meetings, and any scheduled special eetin s or community meetings of the Committee. If, for any reason, a Committee Member cannot attend the scheduled meetings, it is the Committee a ber's responsibility to notify the Chair of the absence prior to the meeting, SECTION S. L. If a Committee Member is absent from two consecutive meetings without notifying the Chair prior to the meeting, or is absent from total meetings during a calendar year without notification to the Chair, then upon a motion by the Committee, the name of the Committee Member will be forwarded to the Governing Body for removal from the Committee. SECTION7. ALTERNATE MEMBERS. Alternate members are appointed by the City Council to better assure that the business o the body does not stop due to lack of quorum of the membership, Alternates will receive the same meeting packet as regular members, and are held to the same attendance standards as regular members. An alternate e er is expected to always be present at meetings, knowledgeable about the topics before the body; and ready to decide any matter brought before the body, as they may be called on to serve at any time. When an alternate member servess in place of a regular member they are counted as part oft e quorum, and (119 they vote on all matters brought before the boy during the meeting where they are serving. 2 SECTION 8. RESIGNATION. Any member may resign at any time by giving written notice to the Chair and City Council, Such resignation shall take effect upon acceptance by City o d n c 11. ARTICLEIII OFFICERS SECTION ELECTIONS. The Committee shall elect annually at its first meeting after March 1, or as soon thereafter as possible, a Chair, and a Vic Chair® The term of office is from the ate of election until the date a successor is elected. An individual may serve no more than two consecutive terms of office. n individual who has served two consecutive terms in the same office again become eligible to serve in such office, two years after concluding"o consecutive ter SECTION The Chair shall preside at all meetings of the Committee. In the absence of the Chair, the Vice -Chair shall preside, In the absence of both the Chair and Vice -Chair, the recording secretary shall call the meeting to order and shall preside to select a temporary Chair. The recording secretary shall forthwith relinquish the Chair after selectman of a temporary Chair. SECTION The presiding officer shall decide all points of order and procedure, unless overruled by a majority of the total membership of the Committee. SECTIONI . The Chair, or other presiding officer, shall have the right to make motions and to second motions without vacating the Chair. Provided, however, that when the recording secretary is acting as temporary chair in accordance with these rules they shall have no vote. SECTION S. VICE CHAIR. The dice Chair shall work in cooperation with the Chair and shall perform such duties as the Committee may assi to him or her. In the event of the death, absence, incapacity, inability or refusal of the Chair to act as the Chair, the Vice Chair shall be vested with all the powers and perform all of the duties of the office of Chair, In the absence of the Chair, the Vice' Chair shall preside at all meetings of the Committee at which he or she may be present, The Vice Chair shall have such other or further duties or authority as may be prescribed elsewhere in these Bylaws or from time to time by the Committee. SECTIONI # The recording secretary shall be an ex-officio member appointed by the Chair to serve in thatcapacity. SECTION7. AUTHORITY TO SIGNDOCUMENTS. The Presiding Officer and the Recording Secretaryshall sign all official documents of the Committee. Any documents or communications from h Committee shall be signed "By Order of the City Code Enforcement Advisory Committee." SECTIONl , The Recording Secretary, as assigned by the Chair, per Section 6 above, shall be the custodian of all the books, papers and records of the Committee and shall, at such reasonable times es as may be requested, permit an inspection of such books, papers and 4 records by any member of the Committee. SECTIONTI _ RECORDING The Recording Secretaryshall be the administrative and clerical ofr ver of the Committee, and subject to these bylaws and the direction of the Committee, the Secretary shall submit reports on all official matters occurring between meetings; conduct all official correspondence; send all notices required by these Rules and orders of the Committee; cause to be made thenecessary inspections of premises, attend all meetings and hearings; keep the Minutes of the Committees proceedings; n generally supervise all the clerical and technical ork of the Committee. The Secretary shall be and is hereby authorized to designate an Acting or Assistant Secretary, including ex-officio member, to perform any or all of the above functions in the event of the incapacity or absence of the Secretary, ARTICLE1 MEETINGS SECTION. RULES OF PROCEDURE. The Committee shall operate In accordance withBob's Rules of Order. SECTION'MEETINGS. The regular eetin s of the Committee shall be held on an ad hod basis as may be determined y City Council or the Committee chair. For such eetin s, at least three days` notice must be given to each Committee member, including e -c icio and Council Members. SECTION 11 members of the Committee shall be notified, either during scheduled eetin , or by telephone AND electronic mail, of the time and date of a meetingor a rescheduled meeting, and notice shall be given in the official newspaper of the i of Englewood in time for at least one publication of such date or change in date, Leaving a message on a telephone answerin hin shall show compliance 'with telephonic notification. Notice of any meeting shall be carried out by the recording secretary to the Committee upon written request by the Chair or written request of a majorityof the Committee, an in conformance with the Colorado Open Meetings Act: SECTION MEETINGS. Meetings shall commence promptly at the time designated by the Committee members, A meeting shall not last longer than two hours from the time it commences, unless a majority of the o i ee members present at a duly held meeting vote to allow such meeting to continue for longer than the two hour durations SECTIONI All meetings shah be open to the public and carried out in conformance with the Colorado Open MeetingsAct. SECTION A simple majority of the voting Committee members shall constitute a quorum for the transaction of business: SECTION7. Ae draft agenda containing h anticipated business of the Committee shall be forwarded to the Chair by the recording secretary at least ten days prior to the date of the meeting. the Chair shall review the agenda, odi the agenda as desired, and return a final an approved copy of theagenda to the recording secretary for posting in accordance with City notice requirements. Meeting format shall be set forth in a policy adopted by the Committee. The format of meetings may be modified from time to time at the discretion of the Committee. SECTION 8. VOTING. All members of the Committee except a -o role members andCouncil Liaison members shall have one vote equal in weight. An item shall be passed upon approval by a majority of e members present, unless otherwise required by law, if a roll call vote is taken, all votes shall be recorded so as to attribute each "yea" and "nay" vote, or abstinence if not voting, to the name of the respective Committee member. Every act or decision done or made by majority of the Committee members present at e duly held eetin at which a quorum is present shall be regarded as the act of the entire 'Committee. SECTION _ TIE VOTES. Votes resulting in a tie shall fail as a tie does not signify the support of a majority of the membership present and voting. SECTIONT T l Members of the Committee have a duty to vote unless they have an actual conflict of interest, A conflict of interest is generally considered to be any matter in which an individual or their spouse has a fiduciary (financial) interest in the outcome of such matter. In case of a conflict of interest between a Committee member and any business under consideration b the Committee, the Committee Member shall notify the Committee as soon as such conflict becomes apparent, A. Committee Member shall publicly state for the record any conflict of interest such Committee Member has on any matter brought before the Committee and abstain from otin on such matter. After e member has declared a conflict of interest they shall not be heard on such matter. The Presiding cer may question any member off the record regarding possible conflicts of interest prior to discussion of such matter. Discretionary abstention shall be in accordance with BoWs Rules of procedure. SECTION11. Each Committee member shell be obligated to attend each regularly scheduled and special meeting of the Committee in order to assure the efficient operation of the Committee, if for any reason, a member knows he will not be able to attend a meeting, he will notify the Chair, preferably bye -mail, and cc the recording secretary. SECTION 12. NAME .....hen a meetingagenda includes a request to consider a matter which involves property at specific location, the members shall make an effort to view the location prior to the specified meeting, The Committee members shall also be thoroughly familiar with any special terials, maps, or reports they may have received prior to the meeting/public hearing. ARTICLE V FINANCE SECTION1. MANAGEMENT OF FUNDS. The Committee, with City council approval, will have the power to receive and disburse funds within the limitations of appropriations, gifts and grants and in connection with projects or undertakings consistent with Article, Section 4, and Subsection 3< Within the same limitation, the Committee will be empowered to contract with any private or public agency to the extent reuir for its proper operation, The o i e will provide a finance report to the i Council annually, including statement of all monies or other donations received, The Report will include as part of its report statement of its receipts an disbursements for the preceding months. Additionally the Committee will present its proposed annual budget during each July, including its anticipated revenues an expenditures, and source of its anticipated revenues. The Committee shall keep such records as will enable it to makesuch reports nd accountings and the same will be subject verificationtoandexamination byth City Treasurer and/or auditors oft e City. ARTICLE DUTIES SECTIONI The duties of the Code Enforcement Advisory Committee are set forth in Article 2, Chapter 10, Section 5 of the Code. A; The Committee shall conduct an ongoing and comprehensive review of Municipal ordinances, as codified within the Englewood Municipal Code ' C"j intended to prevent or abate situations that are deemed detrimental to the health, safety and -welfare of the community as provided primarily in Title 15 EMC Though the code provisions relevant to the abatement of situations detrimental to community health, safety, and 'welfare are primarily found in Title 15 of the EMC, other provisions implicated include, butare not limited to, theefollowing: 1. Animals: Title 7, Chapter 1 2. Environmental Pollution provisions: a. -1-4(urning and Fires), . 11-3- (Discharge ofLiquids), c. 12-1 -10 Connections to FireHydrants) .Noise: Title 6, Chapter 2 4. Snowand Ice Removal: 11-3-2 5. Wood Burning 6-1-11, 5-1.12 The Committee shall make recommendations to the City Council for theaddition, deletion and revision of ordinances, as codified within the Code, over which the Committee has been given such authorization. 1. The Committee shah make a written report to the City Council regarding those municipal ordinances, as codified within the n le ood Municipal Code, identifying those sections of the Code to which it recommends modification, explaining the type of modification, the justification for the modification, and any community response to the Committee's discussions of the proposed modification(s). 2. The written report will include the Committee's actions and accomplishments in connection with each project or undertaking and will include as part of its report a statementof its receipts and disbursements forthe preceding onths: . The written report shall be submitted to the City Council not Jess than once annually, The Committee shall meet with the City Council, at the request of the City Council, to discuss the Committeels recommendations to the City Council, . Upon approval by or at the direction of the City Council" the Committee, through its Chair and recording secretary, shall work with the City Attorneys ice to develop draft ordinances tof lement its recommendationstoth City Council. C. The Committee shall review the processes, procedures and administrative functions of the Code Enforcement Divisionofthe Police Department, D. The Committee shall make written recommendations to the City Manager, or his/her designee, foriprove ents theCode Enforcement Divisionofthe Police Department E. The Committee shall establish enforcement priorities orCode Enforcement Officersto follow toensure protection of the community utilizing the resources provided. F. The Committee shall make recommendations to the i na r, or his/her designee, for adjustments to City staffand other resources based on the needs of the community. G. in recognition of Article Vll, Section 52, of the Charter of the City of Englewood ("Charter"I no such recommendation shall in any gay be associated with any member of the Code Enforcement section's staff. . Recommendations to the City Manager or the Chief of Police shall acknowledge the type and level of enforcement advocated by the Committee (proactive or reactive), and primarily be supported by the number of cases worked by the Code Enforcement section annually, the number of citations arising out of those cases, and the case load carried by each member of that section. Z Any recommendation to adjust the Code Enforcement staffing level upward shall include reference to the section's budget. Any recommendation to adjust the Code Enforcement staffing level by reducing that section's staff shall include documentation of support for reducing the services provided by that section. K The Committee shall act as a conduit of communication between the City and the community, and gather and assess the information necessary to make sound recommendations to the City for service delivery, 0 ARTICLE June _ , 2018 Karen e e y e new EnglewoodCode Enforcement AdvisorY Comirfluee By Laws were approved t the April meeting. l have signed at a enclosed copy. It requires your signature. t understand that it goes to Mark Wolf neXt. i would appreciate it if you u forward it to MarkWolf. If are and problems please let me know so that l may correct them. Jerry p