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HomeMy WebLinkAbout1998-09-16 CEAC MINUTES• • • CODE ENFORCEMENT ADVISORY COMMITTEE MEETING MINUTES September 16, 1998 1 . Call to Order. 2. 3. The regular meeting of the Englewood Code Enforcement Advisory Committee was called to order at 7:05 p.m. by Chair Allen in the Police/Fire Training Room. Roll Call Present: Allen, Boyer, Fischback, Fout, Hansen, Johnson, Roth, Stankorb, Warren Ex-Officio: Garrett, Langon, Nabholz, Parsons, W icks Absent: Tucker Unexcused: Crawford Visitors: Kelly, Garcin Member Johnson advised the committee that Member Tucker had been laid off and no longer had a connection with the City of Englewood. He would, therefore, be resigning from the Code Enforcement Advisory Committee . Approval of Minutes. Langon noted that on page four, the last sentence in paragraph two should read that she had asked if the by-laws had been completed and had been advised that they had. MEMBER STANKORB MOVED AND MEMBER BOYER SECONDED THAT THE MINUTES OF THE AUGUST 19, 1998, CODE ENFORCEMENT ADVISORY COMMITTEE BE APPROVED AS AMENDED. Ayes: Allen, Boyer, Fischback, Fout, Hansen, Johnson, Roth, Stankorb, Warren Nays: None Absent: Crawford The motion carried. Old business. Allen asked if anyone had attended any events since the last meeting. Councilperson Nabholz advised that she had attended a Block Captain's meeting and .that it went well. There was discussion about the Olde Tyme Fair, which went well and was enjoyable. Member Warren advised that she had attended both days and that there needed to be more shade provided, • 4. • • i.e., more tents, as it was very hot. Parsons mention the Tent Talk on September 101 h and advised that it had been well attended and very informative. She told the committee that Swedish-Columbia had hosted the Tent Talk and that Police, Impact, Code Enforcement, and Council had been well represented. New business. Allen asked the two guests to introduce themselves. Donna Kelly introduced herself and her friend, Billy Garcin. She then advised the committee that she had received "The Citizen" today, that in 18 months she had only received it twice and felt that she and her neighbors were not being properly informed of meetings in the city. Member Hansen advised that she had read that gangs were moving out of Denver into Aurora. She asked Lt. Wicks if gangs were moving into Englewood. Wicks responded that unless some significant change has occurred in his absence over the last five weeks, no they were not. Member Fout advised that she had been advised by two police officers that there was a gang moving through the city. Wicks clarified that there was gang activity within the city due to a gang moving through the city, but that there were no gangs, to his knowledge , actually establishing themselves in Englewood. He noted that the police could not prove any specific gang activity and that there was a difference between gang activity and tagging. There was then further discussion and clarification about gangs. Member Stankorb brought up that he had been at a city council meeting where a citizen had commented that there had been vandalism in his neighborhood and that he had seen more of the Code Enforcement vehicles on the street than police vehicles. This is a positive comment about Code Enforcement. Warren shared w ith the committee that beginning in November the police department would be adding two motorcycle officers who would be a part of the Impact Team. They will focus entirely on traffic issues . Wicks told the committee about the COOT Grant. Parsons told the committee that the motorcycle officers would be working different shifts than normal police officers to cover traffi c needs. Stankorb inquired about the two properties that had been discussed at the August meeting . Nabholz advised that the house on Dartmouth had been put up for sale . Parsons advised that the other property had been cleaned up considerably. Stankorb asked about the st atus of the letter for selecting particularly nice properties for recognition. Fout advised that that would be covered by the Education Subcommittee report . 2 • 5. 6. • • Discussion of Denver's "Neighborhood Ambassador" program. The general consensus of the committee was that they were leery of the safety factor of regular citizens citing code violators. The committee as a whole felt that they would feel comfortable giving out information but not actually confronting violators. The committee felt that there were other ways Englewood could deal with these issues, i.e. increase communication. Guest Kelly asked to speak at this time and brought up several issues concerning her situation and her feeling that the Code Enforcement department was harassing her. Several attempts were made to try to explain the purpose of the Code Enforcement Advisory Committee Wicks explained to Kelly that the Education Subcommittee would be addressing many of the issues that were of concern to her and asked that she wait to comment until she had heard what they had to say. Subcommittee reports. Education Subcommittee: Fout summarized the purpose of the Education Subcommittee and stressed the positive approach in dealing with citizens. She brought up the "Blue Ribbon Project" which was the successful turn around of an area or neighborhood and that this effort should be recognized. She also discussed individual and block properties being recognized and suggested that a letter from the mayor to such individuals be prepared. She reiterated that the committee was looking at ways to publicize even small ways to publicly recognize a good effort. Fout stated that she had called Tom Munds of The Herald several times and that he had not returned her calls. Various members of the committee advised her that Munds was out of the country on vacation. Fout then asked the committee to look at a draft of a one-page flyer developed by A.J. and the other members of Code Enforcement. She advised that she had contacted Ed McKee in the print shop about printing the flyer and that he would need one week's notice for a big mailing. The possibility of inserting the flyer in the water bills is being considered and seems viable, however, this needs City Council approval. Several suggestions were made regarding various areas of the flyer and how to make it more readable. Fout asked that the committee members look at the flyer, make revisions and corrections within ten-days, and fax or mail their suggestions to her. She will then finalize the flyer and have it available at the next meeting. Fout stressed that the subcommittee will be using several methods to get the information out to the public, i .e ., patrol cars, city sites, high schools, via Nancy Peterson (Neighborhood Watch meetings), etc . 3 • • 7 . • Fout stated that the subcommittee wanted to stress that education is the key and that a partnership between the Code Enforcement Advisory Committee and Code Enforcement is imperative. Graffiti Subcommittee : Member Roth requested comments on the revisions to the proposed Graffiti ordinance that was sent out with the minutes. Roth feels that the suggested ordinance be discussed with Judge Vince Atencio before going too much further as the committee felt if the ordinance would not be enforced as written, they should do something additional. After meeting with Judge Atencio, the committee would ask Dan Brotzman to put the Graffiti ordinance into a proper format that would be presentable for City Council. After discussion by members of the committee as well as the guests, it was determined that Roth should contact the art department at the high school regarding art requirements as they pertain to the size of the markers. MEMBER STANKORB MOVED AND MEMBER BOYER SECONDED THAT THE REVISED GRAFFITI ORDINANCE BE SUBMITTED TO THE CITY ATTORNEY'S OFFICE AFTER REVISIONS, IF NECESSARY, ARE MADE. Ayes: Allen, Boyer, Fischback, Hansen, Johnson, Roth, Fout, Stankorb, Warren Nays: None Absent: Crawford Langon suggested that Brotzman be asked to attend the October meeting. Allen requested that he be informed if Brotzman will be attending so that Brotzman can be placed on the agenda. Internal Operations Subcommittee: Member Johnson asked for clarification of what they are supposed to be doing regarding trash. Johnson was informed that when working on the Nuisance Abatement Ordinance no new definition of trash be created. There are currently three definitions of trash in various ordinances and they should all be uniform. Johnson advised the committee that as she continues to heal from her surgery the subcommittee will be meeting more frequently. Allen asked if there were any other things in which the committee should become involved. No one had any suggestions. Fout advised that the public needed to be educated regarding winter issues" and Code Enforcement. Langon advised that the deadline for the next "Citizen" was the end of October. The Education Subcommittee and the Code Enforcement department will work on information to submit. Next meeting, date, location, and agenda. Wednesday, October 21, 1998, 7:00 p.m., Police/Fire Training Room. Agenda: 1) Possible deletion of section of Ordinance regarding hobby and 4 • 8. • • derelict vehicles; 2) Report by Graffiti Subcommittee regarding final ordinance; 3) Tom Munds. Allen advised that he would not be at the October meeting . Stankorb will be the acting chair. Adjournment. MEMBER JOHNSON MOVED, AND MEMBER BOYER SECONDED, TO ADJOURN THE MEETING. Ayes: Nays: Absent : Allen, Boyer, Fischback, Fout, Hansen, Johnson, Roth, Stankorb, Warren None Crawford The motion carried and the Code Enforcement Advisory Committee meeting adjourned at 8:40 p.m . 5 • • • -\t4E._ ""DE~V1~e... ?o~\ C\-~-9[=) Neighborhood-cleanup posse rides herd By Susan Greene Denver Posl Staff Writer or!, she is on a jihad to clean up her north- west Denver neighborhood . branches hanging too low over sidewalks. Fran Frain is the kind of woman who makes you want to weed. "I know I can't go out there and act like the ge stapo ," sairl the president of Sunny- side United Neighhors Inc . "But it's impor- tant to semi the message that we need to take care of where we live ." in June after neighborhood activists com- plained the city's two, phone -book size vol- umes of zoning codes weren't being en- forced . For homes with two or less violations, ambassadors write up a citation -called "A Neighborly Heminder" -then affix it to residents' front doors. Although the no- tices resemble traffic tickets, city officials note they are not legally enforceable and are simply educational tools urging citi- zens to comply with city laws. Maybe it's the disdain with which the Sunnyside activist speaks about disorderly neighborhoods, about overgrown lawns and overflowing trash bins and vinyl La-Z- Boys on front stoops. Or maybe it's the "citizen advisory" tickets she issues, warning neighbors that they're violating Denver city codes . Frain is among 200 "neighborhood am- bassadors" cornhing city streets for code violations. Motivated by a belief that or- derliness is the supreme urban godliness, the posse is intent on fighting all that's overgrown, unsafe , rat-infested and down- right shabby in Denver . "If you don't get a law to the people, it isn't worth the paper it's written on," said Jlay Krupa, a neighborhood ambassador who is also neighborhood coordinator for the Barnum Improvement Council Inc. After about an hour of training, volun- teers are . unleashed with burnt-orange folders filled with citations for infractions ranging from i~legal dumping to parking on unpaved surfaces, from political signs perched too close to the curb to tree If people don't take action, then the am- bassadors report them to city inspectors, who could issue tickets. By her own account, Frain's approach falls somewhere between friendly advice and outright nudging . Whatever her meth- "At least it shows there's somebody in the neighborhood who cares," Frain said. Planning officials launched the program Please see PATROL on 38 ----.. t:J ... er n : ..... s· n ... "' 8 ... er "' 'O "' t:J n 'O 8 er "' 0 'O i:r ~ en i:r < i ..... 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After further thought and discussion we feel that the ideas we are presenting here should be ready for codification. We request that the City Attorney review this and present the ideas expressed here in code form, for further study by the Code Enforcement Advisory Committee _ Current Englewood Code Does little to discourage taggers Taggers must be caught in the act, or confess before any legal action can occur Penalties are often not much more than a slap on the wrist · Minor offenders cannot be sentenced to jail, and face a fine limited to $500.00 Graffiti victims face harsher pen_alties than the taggers Currently, victims are required to clean up the graffiti within 24 hours Not realistic -Police often take longer than that to respond to calls on graffiti Victims could face up to 180 days in jail and a $500.00 fine if they don 't clean up the graffiti Other observations Taggers are frequently minors Tagging is often a competition amongst groups or gangs Some people consider graffiti an art form There are publications which offer instruction in this "art form" Denver is forming a new Graffiti Task Force to study the problem This could impact Englewood, especially if stronger laws there push the taggers outside the Denver city limits. Solutions Page I Graffiti Prohibition Cornrnont 'i/26/9<(. Since the current code shown below seems to coverall the bases, it would probably be simpler to continue using the existing code, rather than writing sometlUng new. Engle'NOod Municipal Code 7-6F-11 reads: Graffiti Prohibited. It shall be unlawful for any person to paint, spray paint, draw, write, etch, carve or by any similar method whatsoever deface any public or private property except with written permission of the owner of private property, the City Manager, in the case of City property, or the "'=fVV• U9/U4/98 09:45 Page 2 ti"2873347 supervising officer of any other public property. (Ord 2 Series 1992) Make it easier to apprehend taggers Make possession of graffiti materials an offense eo1n1nent Ff/26/9Ff: We feel that this is a necessary part of the proposed orriinance. Actually, the definitions in the section concerning minon is quite specific. T1ut section on adults, as presented, is more broad buJ since it is drown directly from Qty of Denver Code, would be consistent across city boundarks. (Or if truly problematic, it could be changed to read the same as the section on minors.) T1ut dejinilion of broad tipped marking pens, excludes the tnarbn that would normally be found in the possession of school children. The "1/ass etching, or cutting" tools or instruments are specific enough to preclruh coins ( we know of no U.S. coins sufficiently hard lo etch glass). The idea of the police harassing sclrool childnn on their way lo school seems to be over reaction; a substantial percentage of the high school students violate the tobacco prohibition, and we don't see the police parhd in front of the high school passing out citations. Ll.7cewise the prohibition of possession of graffili materials by an adult would likely caUH no more problems than the prohibition of concealed weapons. Source: Denver Code Section 34-66, Section 38-102 POSSESSION OF GRAFFITI MATERIALS BY MINORS PROHIBITED. a) It shall be unlawful for any person under the age of eighteen (18) years of age to possess any can of spray paint, broad tipped marker pen, glass cutting tool, or glass etching tool or instrument. b) A broad tipped marker pen is one with a tip that exceeds one-quarter (1/4) inch in width. c) It shall be an affirmative defense to charges under this section that the person possessing the materials was: Within their home; At their place of employment; Upon real property with permission from the owner, occupant, or person having lawful control of such property. POSSESSION OF GRAFFITI MATERIALS BY ADULTS PROHIBITED a) It shall be unlawful for any person to possess graffiti materials. b) A person possesses graffiti materials when they possess any paint, marking pen, materials, instrument or other article adapted, designed or la! 003 • • • • • • Page 3 commonly used for committing or facilitating the comm ission of an offense involving damaging, defacing, or destroying public or private property, and they intend to the use the thing possessed in the commissio n of such offense , or know that some other perso n intends to use the thing possessed in the commission of such offense, or know that some other person intends to use the th ing possessed in the commission of such an offense. c) Defacing as used in subsect ion (b) above shall include, but not limited to, the writing, painting, inscribing, drawing, scratching or scribbling upon any wall or surface owned, operated or maintained by any person or the city unless the c ity or property owner grants written perm iss ion for such writing, painting , inscrib ing, drawing, scratching or scribbling . Make it more d ifficult for minors to obtain materials that could be used for tagg i ng . Englewood Municipal Code 6-1-9 titled 11 Toxic Vapors" possibly deals with spray paint Issue, but it probably needs to be strengthened or clarified . Comment ~ 12 619~: This is an informational point, we don't feel we have the expertise required to modify the ''Toxic Vapors• code. Recommended change. Source: Original, Various eommo11f: fj{'/26/9~ Granted that it would be necessary to educa te the businesses about this issue, but there are many other iss ues that require the St11111! sort of communication. The concept of "otherwise transfer· is inJenrionally broad, covering distribution fJy gift as well as theft . This would probably require 1111!rchanJs to display these items in areas that are not self- service. Since publications are available even at the Englewood Public Library, the prohibition of distribution of publications would probably be impractical so we have dropped that .section . SALE OF GRAFFITI MATERIALS TO MINORS a) It shall be unlawful to sell or otherwise transfer any can of spray paint, broad tipped marker pen, glass cutting tool , or glass etching tool or instrument to any person under the age of eighteen (18) years Page 4 b) A broad tipped marker pen is one with at tip that exceeds one-quarter (1/4) inch in width. Define Parental Responsibility Source: Irving, TX Section 57-8 A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to create graffiti on tangible property in the city without the property owner's consent. Make stiffer penalties for taggers spelled out in the code, Including mandatory restitution. Source: Original Cornrnent <l/26/9<l: 1he General Penalty probably is sufficient, however, we would like to see greater emphasis placed on parental respon.sibility, so additional penalties are specified. PENAL TY FOR DEFACING PUBLIC OR PRIVATE PROPERTY BY PLACING GRAFFITI OR GANG GRAFFITI ON SAID PROPERTY BY A MINOR .. The parents or legal guardians of said minor shall be ordered to do community service in an equal amount of hours and simultaneously with the minor. Said minors who have not previously done so or who are first time offenders shall also be required to attend a SUCCESS program class . Multiple time offenders may also be ordered to undergo medical or psychiatric treatment, or treatment for drug addiction or alcoholism; PENAL TY FOR DEFACING PUBLIC OR PRIVATE PROPERTY BY PLACING GRAFFITI OR GANG GRAFFITI ON SAID PROERTTY BY AN ADULT Cornrn@nt <l/'l.6/9'l: In addition to The General, we would like[u11her emphasis placed on the psychological issUL . Source: Chicago Ridge, IL and Various Others Multiple time offenders shall also be ordered to undergo psychological/psychiatric treatment. Cornhleht 'l /'l. 6/9'l: The General pelllllly would probably be sufficient for poJStssion of graffiti materials. PENAL TIES FOR POSSESSION OF GRAFFITI MATERIALS BY A MINOR PENALTY FOR POSSESSION OF GRAFFITI MATERIALS BY AN ADULT ~005 • • • • • • Page 5 .. ~VI UU'"'Z I Lengthen time frame for clean up Based on recommendations made by the Code Enforcement Advisory Committee concerning the Nuisance Ordinance at the May meeting, abatement could probably be handled by the standard Nuisance Abatement procedures. 111111/ comm1111k f'/26~f': Our intent is to strengthen as well as broaden the graffiti ordinances. Pan of the strengthening involves putting greater emphasis parental, responsibility for offenses committed l1y minors. Our objective in requiring parents to serve community service time along with the offending minor is to increase the parents awareness in their responsibility to teach their children to be good citizens. This would have a positive effect on the community as a whole. At the same time it would serve as a dete"ent for the minor (as anyone with teenagers is aware, they hate being seen in public with their parents) . ~006