Loading...
HomeMy WebLinkAbout1999-11-17 CEAC MINUTES [AMENDED]• • • CODE ENFORCEMENT ADVISORY COMMITTEE MEETING MINUTES NOVEMBER 17, 1999 .• 1 . Call to Order. 2. The regular meeting of the Englewood Code Enforcement Advisory Committee was called to order at 6:35 p.m. by Chair Allen in the Community Room. Roll Call Present: Allen, Fischbach, Hambleton, Hansen, Stankorb Ex-Officio: Lynn, Wicks, Flaherty Absent: Guest: Boyer, Gomes, Roth, Johnson, Garrett Alisa Boshart, Code Enforcement Officer Approval of Minutes. MEMBER HANSEN MOVED, AND MEMBER FISCHBACH SECONDED, THAT THE AMENDED MINUTES OF THE OCTOBER 20, 1999, CODE ENFORCEMENT ADVISORY COMMITTEE BE APPROVED AS READ. Ayes: Nays: Absent: Allen, Fischbach, Hambleton, Hansen, Stankorb None Boyer, Gomes, Roth, Johnson, Garrett The motion carried. 3. Public open forum. 4. Waived. Resignations/ Appointments. Member Allen addressed the re-application process for Code Enforcement Advisory Committee Members. This process is to send a letter to the mayor, stating that you're a current member, and that you wish to reapply for a two-year term. Interviews will take place the end of January, and appointments will be made at the February 7th City Council Meeting. Member's Johnson, Hansen, and Roth's terms are up at the present time. Member's Stankorb, Fischbach , and Hambleton's memberships are all approved through October of 2000. Member Allen stated that the chairperson replacement will be Member Stankorb , effective after tonight's PAGE 1 • 5. • • meeting. Vice-Chair nomination will be done at the next meeting when there should be more attendees at the December meeting . Old business. a. Budget/expenses. Lynn discussed the Code Enforcement Advisory Committee Budget of $2,000. $40.00 has been spent on miscellaneous charges, $1 ,355 was spent on the printing of the Code Enforcement Brochure, and $199.95 was spent on a transcriber, leaving a balance in the account of approximately $405.00. b. Graffiti flyers. Member Allen inquired about the Graffiti Flyers that are in the process of being printed, asking that the order be changed from having 100 printed to increase the order to 500. The Graffiti Flyers will be distributed to block captains to distribute in their neighborhoods. c. Leash law. Lynn introduced Ms. Alisa Boshart , guest from Code Enforcement to speak on the issues of the proposed leash law. Ms. Boshart gave out copies of the ordinances pertaining to loose/ stray animals, finishing her presentation with a question and answer session. During the question and answer period, Fischbach asked how long it took for a code enforcement officer to determine whether a dog not on a leash was under the control of the owner. Boshart indicated that process only took a very brief time, generally no more than a minute or so. Fischback also asked if code enforcement responded to dogs at large on weekends, and Boshart answered in the affirmative. After approximately 20 minutes of discussion, Hanson made the statement the she felt the City "still needed a leash law", and Fischbach replied that there "used to be one, and Don Roth looked it up". There was no motion made , nor second obtained for a motion, and no vote was held. The materials presented by Boshart are attached. 6. New Business. a. Graffiti definition. Lynn discussed problems with the existing definition of graffiti, and handed out copies of the definition. Lynn stated that there are two properties in Englewood that have come up recently, which have been graffiti issues. Wicks gave his interpretation of how the Graffiti Ordinance reads. Lynn suggested to the committee that the last eight words of the ordinance, "without written permission of the owner/property owner" be deleted from the ordinance. Member Fischbach made a motion that the last eight words from the Graffiti ordinance be removed. Stankorb seconded the motion, and all members were in favor of the motion. Member Stankorb suggested that we also take out the same last eight words in the definition of the Gang Graffiti. The vote to stand for both graffiti definitions was all in favor . b. Monthly Statistics. Lynn discussed his November Monthly Status Report regarding the number of violations that took place in Englewood. Lynn PAGE 2 • • • 7. stated that approximately 88% of all Code violations are being corrected on a monthly basis. Subcommittee reports. Ordinance Subcommittee -nothing to report. Operational Strategies Subcommittee -nothing to report. Education Subcommittee -nothing to report. 8. Topics for December 15 meeting agenda. • Subcommittee Reports • Election of Vice Chair • Code Enforcement PowerPoint Presentation 9. Adjournment. MEMBER STANKORB MOVED, AND MEMBER ALLEN SECONDED, TO ADJOURN THE MEETING. Ayes: Allen, Roth, Fischbach, Hambleton, Johnson, Hansen Nays: None Absent: Boyer, Gomes, Roth, Johnson, Garrett The motion carried and the Code Enforcement Advisory Committee meeting adjourned at 7:55 p.m. ~\N DJYl ~. (;)~~~~ Recording Secretary PAGE 3 •. ; • •• 7-1A-1 7-1A-2 FINANCIAL SERVICES DIRECTOR Director of Financial Services and City Licensing Officer. GRIEVOUS BODILY HARM Bodily injury which involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body. GUARD or ATTACK DOG Any dog trained to attack a person, or acquired for the purpose of patrolling property or attacking any person . Also included is any dog whose actions have previously resulted in a conviction of its owner of a v iolation of Section 7-1A-10 EMC 85. HOBBY BREEDER Any person who , outside of his regular course of employment , i s breeding purebred dogs in an attempt to improve the breed through controlled propagat ion . thus ach i eving care f ully des i red qualities and traits. KENNELS OR CATTERY Any p lace where dogs or cats are bo rn , bred , ra ised , boa rded , fed or sold , for any v aluable considera t ion , but shal i not incl u de a household which sells only the offspr ing of a fema le dog or cat ma inta i ned sole ly as a f amily pet. RABIES A v i ral encephalit is , almost alwa y s f at a l to both w i ld and domestic animals , tha t may affect any warm-blooded animal but is most common in carni v o res and new world bats. In the United States . foxes, skun k s and raccoons are the major wi ld carn ivore hosts. though domes ti c dogs and cats rema i n the mos t i mportant source of human exposure . (O rd . 45 Series 1979 ; amd . Ord. 56 Series 1987 ; Ord . 63 Series 1990 ) 7-1A-2: RUNNING AT LARGE PROHIBITED: I A. 1-91 Dogs at Large. It shall be un lawfu l for any owner or person having t he care, custody and control of any dog to allow such dog to ru n at large in the City unless such dog i s under the reasonable contro l of such owner or person . (Ord. 45, Series 1979 ) 1 . For the purpose of this Section , a dog shall be deemed to be running at large when off or away from the premises of the owner , possessor or keeper thereof and not under the control of such owner, possessor or keeper, who shall be competent to control such dog and who may be required to demonstrate to a member of the Englewood Department of Safety Services, or any animal control off icer of the City, his or her ability to control such dog whenever such dog is not kept on or controlled by a leash, cord or chain not to exceed ten feet ( 1 O'). (Ord . 45 Series 1979 ; amd . Ord . 56 Series 1987; Ord. 63 Series 1990) 7-1A-2 7-1A-3 Al 2. Notwithstanding any of the provisions of this Section, a dog shall be deemed not under reasonable control when any of the following conditions occur: a. The dog inflicts damage or injury by biting, jumping upon, polluting of vegetation, or by any other means whatsoever, to the person or property of anyone other than the owner, except in the defense of the owner, his family or property, or any dog under the control and command of a police officer in the course of his duty. b . In the case of any unspayed female dog, while said dog is in estrus (in heat or in season ) and not securely confined in the owner 's yard, pen or other enclosure . B. Cats . It shall be unlawful for an y owner of a cat to allow such cat to run at large in the City and to become or create a nuisance . Notwithstanding any of the provisions of this Section , a cat shall be deemed to be a nuisance when any of the following condit ions occur : C. 1 . The cat inflicts damage or injury by biting , j umping upon , polluting of vegetat ion or by any other means whatsoever to the person or property of anyone other than the owner. 2 . In the case of any unspayed female cat. while said cat is in estrus (i n heat or in season ) and not secure ly confined in the owner 's yard, pen or other enclosure. (O rd . 45 Series 1979) Penalt y. Any owner or person found guilty of violating an y of the provisions of this Section shall be pun ished as prov ide d in Sectio n 1 -4-1 , Englewood Municip a l Code 1985 . (Ord . 56 Series 1 987 ) 7-1A-3 : IJ\1POL':\TIME!\.T OF A...1\'IM.ALS AT LARGE: !\iOTICE , DISPOSillOJ\: A . Any dog or cat or dogs or cats , found running at lar ge and /or creating a public nuisance , shall be taken by the Animal Control Officer and impounded in the shelter designated as the C ity Animal She lter and there confined in a humane manner for a period of not less than six (6 ) days and may thereafter be disposed of in a humane manner if not c laimed by their owners. Dogs or cats not claimed by their owners before the expiration of six (6 ) days may be disposed of at the discretion of the Animal Control Officer, except as hereinafter prov ided . B. The Animal Control Officer may transfer title of any dog or cat held at the Animal Shelter to the Society for the Prevention of Cruelty to Animals after the legal detention period has expired and such dog has not been claimed by its owner . C. When dogs or cats are found running at large and their ownership is known to the Animal Control Officer, such dogs or cats need not be impounded , but such officer may cite the owners of such dogs or cats to appear in court or the Violations Bureau to answer charges of the violation of this Article . ,JL 288 • • • . -/ • • ••• 7-1A-8-7 7-1A-11 meddle with any such dog while being used by said Department or any officer or member thereof in the performance of any of the functions or duties of said Department or of such officer o r member . (Ord. 45 Series 1979; arnd. Ord. 63 Series 1990) 7-1A-9 : RESTRICTIONS A N D REGULA TIO NS APPLICABLE TO CATS: 7-1A-9-1 : DAMAGE TO SHR U BBERY OR PLANTS: It shall be unlawful for any owner , possessor or person who keeps any cat to permit such cat , whether or not running at large , to destroy , damage or injure any shrubbery, plants , f lowers , gr ass , lawn , f e nce or anything whatsoever upon any public premises or upon any private prem ises owned or occupied by a person other than the owner , possessor or keeper o f such cat , and the same is hereby dec l ared to be a public nu isance and prohibited . (Ord. 45 Series 1979) 7-1A-10 : ATTACK BY DOG OR CAT: A. The owner of any dog or cat shall be responsible for any attac k committed by t hat dog or cat aga i nst any property , real or persona l, liv e or inanimate, or any hu man be ing . Upon b eing conv icted thereof , the o wner is sub j ect to be i ng puni s hed in accord ance with the penalty set forth in Se ct ion 1-4-1 of Eng l ewood Munic i pa l C o de, 1985 . B . Prior at tacks . if any , dog /ca t of any such offense of at t ack by suc h matters may punishment. by th e dog or cat or knowledge of the owner of the attac k s are not a defense to or an element of the dog /cat or a prerequisite for a convict ion ; however , be cons idered in mit igation or aggravation of C . When t he attack occu rs on t he dog or cat owner's prem ises , it may be an aff i rma ti ve de i ense the dog or ca t was protecting such premises or the res ident of such prem i ses . However, when the attack is against a person who enters the owner's or resident's premises to conduct business or for a social vis it, or by invitation of the owner or resident, there is a prima facie presumpt ion that the dog or cat was not protecting its premises . (Ord . 56 Series 1987) 7-1A-1 1: DESTRUCTION HEARING: A. Whenever the conduct of any dog or cat has resulted in two (2) convictions of offenses proscribed in Section 7-1A-10 of Englewood Municipal Code of 1985 w ithin a consecutive two .@_year period; or is espons i bie for inflicting deatn or grievous bodily harm upon a human being , the City of Englewood may initiate a hearing in the Englewood Municipal Court petitioning that court for an order of destruction of that dog or cat . B. 191 .::::as:ilii• Not ification will be given to the dog or cat owner, as the named respondent, of the hearing date , place , and time no later than fifteen (15) ;;-. ·, , • • • 11-4-2 11-4-4 and hours during which any park shall be open to the public and may designate at any time any section or part of any park to be closed to the public for any interval of time, either temporarily or at regular and stated intervals and post signs to such effect. (Ord. 18 Series 1990) 11-4-3: VIOLATION OF RULES AND REGULATIONS: <® C. It shall be unlawful for any person to fail or refuse to obey any lawful order or rules and regulations of the City Manager or his designee or the instructi ons of any sign posted by him unless otherwise directed by a po l ice officer. Should any person fail to observe and obey any such rules or regulations of the City , the C ity Manager, or his designee , may i mmed iately remove any such person and may ban such person from the use of any park and its facilities for such period of time as may be necessary to secure comp liance with such rules , regulations and posted signs . Any person removed or banned from use of the park fac il it ies may , within fi ve (5) days from the date of the City Manager's action , appea l t he City Manager's ac t ions to the City Council by filing with the C ity C lerk an appeal in writ i ng , setting forth the basis of such appea l. The C ity Counci l shall , at the next regularly scheduled Counc il meeting, or as soon as is reasonably possible thereafter, sustain or overrule the City Manager's actions , which dec is ion shall be fina l. D . In add it ion t o the penalties provided above and. un less otherwise directed by a police officer, failure or refusal to obey a lawful rule, regulation or posted sign shall subject that person to the penalties provided in Englewood Municipal Code Section 1-4-1 . (Ord . 32 Series 1 993) 11-4-4: PARK USES: Ball fields and shelter houses shall be used on a first come bas i s unless otherwise posted . A perm it or reservation may be obta ined for the following facilities and when reserved that person shall have priority over all other use of that facility : A. Use of a ball field . B. Use of a shelter house or equivalent facility. (Ord . 32 Series 1993) 194 City of En.glewood