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Home My WebLink About1998-04-15 CEAC MINUTES• • • CODE ENFORCEMENT ADVISORY COMMITTEE MEETING MINUTES ROLL CALL Present ... Todd Allen Todd Boyer Ruth Hansen Donna Johnson Don Roth Jerry Stankorb Tim Tucker Llomar Warren Absent ... Melanie Crawford Katherine Fischback Barbara Fout Ex-Officio Members ... Dan Brotzman John Collins Dugan Comer Ann Nabholtz Joyce Parsons CALL TO ORDER ... APRIL 15, 1998 The Meeting was called to order at 7: 10 P .M. APPROVAL OF MINUTES ... The minutes were approved . Code Enforcement Advisory Meeting April 15, 1998 Page Two OLD BUSINESS ... TODD ALLEN asked if anyone present had anything to share. ST ANKORB stated that as a result of an ordinance passed by City Council prohibiting trucks from using portions of West Union Avenue, Waste Management pulled support from Clean, Green and Proud which amounts to well over $20,000. Per year. STANKO RB stated he understands both side of situation and will try to work through it with City Council. NUISANCE ABATEMENT ORDINANCE (DRAFT TWO) DISCUSSION (DUGAN COMER) Members of the committed were asked to submit their ideas and recommendation. TODD ALLEN introduced DUGAN COMER and DAN BROTZMAN. TODD asked DAN BROTZMAN to give the committee an overview of where the nuisance abatement ordinance is going and BROTZMAN' s viewpoints. BROTZMAN stated the following: • DUGAN is actually working on the substance of the ordinance, then coordinating with BROTZMAN to prepare for Council. • The next Council Study Session is on May 18th • DUGAN's draft will be submitted for an overview • Our Municipal Court will have the power to abate the nuisance. • It addresses many sections and a lot of sections need work. • The sections need to be separated in pieces ... First -procedural (give the court the power) Various sections to be addressed throughout the code i.e. define what garbage is, whether to deal with derelict vehicles and how. These will separate ordinances to come to council along the way. Form Sub Committees to work on stated issues which will, in turn, go to a council study session. • Currently the court lacks the authority to abate a nuisances. • Presently the District Court has the power. The Municipal Court has the power to issue criminal penalties, whether by fine or jail. The Municipal Court will be given an additional level of power. • Council would like as many people from the commission recommending these changes to be in attendance, if possible. • • • • Code Enforcement Advisory Meeting April 15, 1998 Page Three TODD ALLEN replied the committee had hoped to get more of their issues addressed, provide the input and tum over to BROTZMAN and COMER TODD ALLEN would like to see the third draft showing the recommendations from the second draft . DUGAN COMER agreed and offered to help with all the input from committee and all departments (primarily : Safety Services and Municipal Court). TODD ALLEN said there are a couple of issues and DON and JERRY would like to see the draft before it goes to the study session .. It was agreed to move the Advisory Meeting ahead a week fo May 13th to accommodate the review of the draft . DUGAN stated that presently he is working on the Judicial Abatement which will be included in the third draft . Comments given at the last meeting will be incorporated. DUGAN stated ifthere are any other inclusions, please provide them to him fairly quickly and they will be incorporated in the next draft. • DUGAN wanted the draft to be reviewed by the committee prior to the next meeting. • STANKORB doesn't understand two ordinances and two budgets. DUGAN stated that issue will be resolved in Draft Number Three. The Civil Abatement Issues came from a variety of model ordinances, as well as our own. DUGAN combined and stream-lined, with an effort to simplify and make as plain as possible in layman's language. Generally, we will be dealing with citizens . Graffiti removal will be dealt with in draft number because of the short period of time. There is a concern as to whether the property owner should or should not be held responsible . The group should address this issue for draft number 3 . The issue of weed height enforcement was discussed. PARSONS stated that CSU has a very good definition of a weed "An unwanted growth out of place." BROTZMAN asked ifthere was an issue over native grasses grown? PARSONS said this topic comes up every summer. We don't have agricultural property; we don't grow seed crop so, therefore , it is not a valid excuse. The Code Enforcement Officers are required to attend classes on weeds (noxious and or ornamental grasses) . Code Enforcement Advisory Meeting April 15, 1998 Page Four STANKORP would like a definition for sanitation issue on ponds, pools etc. DUGAN said that issue will be addressed. ROTH stated that Page 10, Paragraph A seems rather light. Curious of how it will be interpreted. DUGAN explained it is a catch all, somewhat broad. Ifwe an address, and activity specifically creating a nuisance to others, it allows abatement. TODD ALLEN asked ifthere was a time line between serving the notice, the rectify period, the appeal process, the hearing, the abatement. DUGAN stated the following ... • Code Enforcement or other personnel will serve individual with notice (page 12) • Specific nuisance will be noted on face of notice. • Owner/occupant of property has 7 days to make demand on city for hearing. • Hearing within 7 days after receiving written request. • If hearing officer finds it is not a nuisance, we are done. • If hearing officer finds it is a nuisance, it will be ordered to clean up. • If after thirty days, it has not been cleaned up, code enforcement will then write a summons in Municipal Court at that time. • If person doesn't ask for a hearing within 7 days and does not rectify the problem within the 30 days, they can be issued a summons and complaint in Municipal Court; the court could order them to clean it up or the city could clean it up and lien the property. TODD ALLEN asked what the penalties are and DUGAN stated $50 0 or 180 days in jail or both for each count. TODD ALLEN asked if there were records on the amount of fines collected in 1997 and JOYCE PARSONS advised the court keeps those records and the Advisory committee is privy to that information, however, to be aware that the Judge can levy the fine and conditionally suspend the fine. DUGAN pointed out the penalty hearings to monitor their compliance with the order. PARSONS stated Code Enforcement keeps track of properties that have had a lien. Corrections were identified in the ordinance. STANKORB pointed out a typo on page 11, item c, line three ... should be "or." Page 12 should be leased. Page 13, 14 ... Recreational vehicles are in Title 15, Code Restrictions and it also becomes a zonmg issue. • • • • • • Code Enforcement Advisory Meeting April 15, 1998 Page Five The corrections continued but are not included in these notes. The draft should be received by May 8th with a "final crack of it" on May 13th before the Council Session. OVERVIEW OF CITY CODE ENFORCEMENT STAFFING AND DUTIES JOYCE PARSONS History ... During the mid 80's, Code Enforcement was under the direction of Community Development and employed three persons in code and zoning enforcement (2 officers and 1 clerical). The Police Department employed 6 persons doing code enforcement, 4 animal control officers , 1 parking officer and 1 abandoned vehicle officer. In the early 90's, the Code Enforcement Division transferred to Safety Services. There were two code enforcement officers, three animal control officers that cross trained for code enforcement, 1 parking & abandoned vehicle officer also cross trained for code enforcement and 2 zoning techs. There were a total of 6 people working in the field Presently , 5 people are working in the field, soon to be 6; 1 supervisor and 1 part time clerical. Code Enforcement is responsible for enforcing more codes and ordinances and have less personnel. Attached is a list of most of the division 's enforcement responsi bili ti es. APPROVAL OF BY-LAWS TODD ALLEN stated that JERRY STANKORP made the changes provided to him at the last meeting. There was a motion to approve by By-Laws. EXECUTIVE SESSION TODD ALLEN requested an "Executive Session. Meeting adjourned ... 9:00 P .M . FORMATION OF SUB-COMMITTEES ... Graffiti Chair -Don Roth Todd Boyer Jerry Stankorb Tim Tucker Ruth Hansen Internal Operations Committee Chair -Donna Johnson Tim Tucker Llomar Warren Ann Nabholz Education/Communications Chair -Todd Allen Barb Fout Katherine Fischback Douglas Garrett • • • City of Englewood Code Enforcement Division .:ode Enforcement entails 5 officers covering 6. 7 square miles. There are approximately 115 miles of streets and approximately 55 miles of alleys. Much of our time is spent on "educating" the public on the meaning of ordinances with each violation . A list of some of the violations we cover are: • • • Derelict Vehicles • Graffiti (QVPC picture database, notification of removal, or we remove) • Illegal Businesses • Fence violations • Sign violations • Snow removal from sidewalks • Wood burning on no burn days • Right-of-Way Obstructions -Street, sidewalks, and alleys • Trees (Since September of 1995 we have issued 1,000 notices working with the problems of Diseases and standing dead trees and potentially dangerous trees in the City) • Zoning -Permits (Fences, Building, Signs) -Home Occupations -Permitted Uses -Drainage problems -Business Parking Lot( using residential vacant lots, and maintenance of lots) -Zoning Verifications • Outdoor Storage/Junk • Researching and resolving Cases -Getting property information from Arapahoe County Assessor's Office or Clerk and Recorder -Getting phone numbers • Notice of Violations • Posting Notices • Issuing Summons' -May take several contacts to find the tenant and the owner . -Q VPC pictures are taken and the camera is downloaded with each summons. • Court Cases -Court preparation for each case => Q VPC pictures (before and after) => Summary (there are sometimes several years of violations to document) => Penalty Hearing => Appearance in court • Input of all violations in computer database • Wrecking Yard and Junk Yard Inspections • All Parking Tickets including but not limited to: -2 hour parking around Swedish -Expired Emission Sticker -Expired Plates -Handi-Cap Parking • Tag Abandoned Vehicles ---follow up after 72 hours • Tow Abandoned Vehicles ---title search each impounded vehicle • Mail certified letters to owner and lien holders • Auctioning of towed vehicles -Motor Bill of Sale -Dept. of Revenue Report of Sale of abandoned vehicles -Dept. of Revenue VIN verification -Title Search • -VIN inspection • -Check cars for guns, drugs , and identification thoroughly throughout each vehicle. (This involves breaking into the trunks, truck tool boxes, and the car itself) -Book any valuable property into evidence • Police Impounds • Cover Records • Speed Verification Traffic Trailer • Mail Delivery and Recovery twice a day to Police Department and City Hall • Animal Bites • Dog and Cat Attacks -Investigate circumstances of attack with victim, witnesses, -File a bite Report with Tri-County Health -Quarantined animal -Capture aggressive animal if still at large -Issue Summons -Penalty Hearing -Court Appearances -Destruction Hearing for euthanasia of vicious animal • Barking Dogs ·.···: ·-...... . • • • Tag and Collar regulations • Cruelty Cases -Investigations =>Beatings =>Heat Stroke (Animals left in cars) => Inadequate shelter => No access to food and water =>Failure to provide veterinary care when necessary • Dead Animals • Dogs at Large • Euthanasia • Impounds • Injured Animals -Evaluation of injury • Removal off eces • Incident Reports • l\tluch time is spent advising on training methods to help correct pet problems. • Advise and/or handle calls on wildlife • Returning phone calls from complaints, questions on notices issued, assistance with other divisions. • Working with the County, State, Citizens, other Divisions within the City. • • Following up on all that is mentioned here . • COMMUN/IT CONNECTIONS 1523 EMPORIA STREET AURORA, COLORADO 80010 Office Ph&nc: (303) 739-9631 FAX #: (303) 739-0389 FACSIMILE TRANSMITTAL COVER SHEET j • TO: \_J. ~ FAX#: _____ _ COMPANY: ~. 61; ~ {]ck -~ TOTAL-# OF PAGES-SEN-T, INCLUDING COVER __ _ >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> DEPT. or OFFICE: -------------- MESSAGE: ·~. =it • • ... • • • The follm\ing :ire suggested public service nolicc..s, lhal we may use to inf<mn the citiz~s.1he cornmuniry and olht:r pcs sons rt'.gardiJ1g whal the purpose , function and limitations arc in ~·egards lo the Codt; Enfon.:t.:mcnt Conunission . Suggcsrion s for adv c11i sing : l. I suggc sl w e pul infomwtion regularly in-lhc. Engk:\.voed I-krnld ; and th i:-Cirizcn~ 2. I suggest we u-y and gcLapproval from Nancy Peterson regarding putting infonnation into the packds fli t= the annua~ Night-Out, and-in the I31ocJ;: Capts . packet. .l I suggest we check out \Vhal ii costs and how lo adve11iscJ!1 tht: Englrn-ood re creati on center s schcduk:, n:gularly . 4 . It would be nice if we could get Tom Mum.ls to come out lo a specific meeting and do up p1c..:e about lh c commj ssion . Ftrn c lion prnvosc of the Code Conunission : The Co de Fnforcemcnt Conuni ss ion \Va s fonm:d out a need ddine.d by cili zc ns , n:sidents and other conccmed bu ssiness pers ons regai:<ling a-wide range of quality ()f lifo is sue s, sm;h as-derelid; and ah:mdoncd vdlides, unk ept buildings , trash and un sightly weeds e1c . Members were inf ..:n.:ic\\·cd -;md deeted-to-s cn e--a 2-yeartcmi, on tht corruni ssion oy city coun cil . The commission ha s non vo ting repre s entative s fr om city council as well as persondl from cod~: cnfon.:cmcnt. \\"c n~cc in: legal representation from th e ci ty attorneys office and specific re ccomcndalion s fronunany dcpa11111..::i11 heads from the city . O ur rrussion is to act as a liaz on bcl\\ecn the city council :met the city man:ig ers oifo:c. We \V01l. togc1hcr lo-make re cc om endati ons, dck:ti ons, and-sugge strevision s tu the cutT cnt ordinan c1:s. Uur purpose is lo focus on the activities and services pro\idcd by the \'"eighborhood Ser\ices Divisi on. and rhc Depat1mcnt of tfic S"afel)1 Service s . Our goal is to assist '.'Jeighborhood Scrvict:s to maintain the quality of lifo in Englewood by cst:ihlishing standard s lh:it are mcasureabk , allainabk: and cnfurccabk at all times , fo r all t"esid..:nb . bu ss in..:ss person s and citizcn!-i _ Code Enforcment mcds th e third Wcdm:sday of each month at tht Safoty Scn.ic1.:s Building al 7:tl0 . The pubhL: is \Vd co mc lo attend these mcctings . TODD ALLEN 3439 South Grant Street Englewood, CO 80110 H: 781-1899 0: 499-8222 Ext. 17 District Two MELANIE CRAWFORD 2720 South Logan Street Englewood, CO 80110 H: 781-4479 0: 394-8600 At Large BARBARA FOUT 4185 South Huron Street Englewood, CO 80110 H: 761-7889 0: 739-9631 EFOT DONNA JOHNSON 3145 South Cherokee Street Englewood, CO 80110 H: 762-9921 0 : 592-8558 District 1 DON ROTH 2830 South Sherman Street Englewood, CO 80110 H: 781-0413 0: 287-3347 CG&P TIM TUCKER 1029 East 8th #507 Denver, CO 80218 H: 837-8592 0: 789-2535 Chamber of Commerce Director CHRIS OLSON 762-2470 Sergeant JOHN COLLINS 762-2435 FAX: 499-8298 DUGAN COMER, Assistant City Attorney 762-2326 TODD BOYER 4136 South Logan Street Englewood, CO 80110 H: 781-9198 0: 789-9990 Business KA THERINE FISCHBACK 4425 South Acoma Street Englewood, CO 80110 H: 781-6078 At Large RUTH HANSEN 4511 South Galapago Street Englewood, CO 80110 H : 761-8528 District 4 ANNNABHOLZ 2990 South Delaware Englewood, CO 80110 H: 789-5327 City Council GERALD STANKORB 4913 Chenango Circle Englewood, CO 80110 H: 781-0496 0: 844-0355 CG&P LLOMAR WARREN 3820 South Galapago Street Englewood, CO 80110 H: 789-1582 0: 789-1582 District 3 Division Chief BOB MOORE 762-2441 ROSEMARY BUCKLEY 762-2460 FAX: 762-2491 JOYCE PARSONS , Code Enforcement 762-2340 • • •