HomeMy WebLinkAbout2003-04-23 CEAC MINUTES•
ENGLEWOOD
CODE ENFORCEMENT ADVISORY COMMITTEE
•
SPECIAL MEETING
WEDNESDAY APRIL 23, 2003
CIVIC CENTER
CITY COUNCIL CONFERENCE ROOM
THIRD FLOOR
1000 ENGLEWOOD PARKWAY
6:30 p.m .
AGENDA
JIM ULRICH
ENGLEWOOD PUBLIC INFORMATION OFFICER
• RPPf2oveo /'rT"
NE.l(\ #'EBT"llJ&.
WEST NILE VIRUS TASK FORCE
PRESENTATION
• 15-1-2 ENGLEWOOD MUNICIPAL CODE 15-1-2
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rage , Priv ate: A building, or part thereo ,
att ched or detached and accessory to the m
buil ing, providing for the storage of motor v
cles , d in which no business is conducted .
Gar age: Animal and vegetable wastes
ing fro the handling, preparation ,
food .
Graffiti. The defacing of public or pri ate prop-
erty by me s of painting, drawing, · ing, etch-
ing, or c · g with paint, spray pain , ink, knife
or any simil method without wri ·
sion of t he o er/property owner.
Infestation: The pre e within or around a
dwelling of insects, rod.en: s, vermin or other pests
of such kind, or in sue umbers as to cause a
hazard to health.
Junk: Scrap iron,
copper, scrap lead or
existing co
mantled ..
ard: A place where junk, wa te, dis-
carded, r salvaged materials are boug , sold,
ed, stored, baled, packed , disasse bled,
led, including automobile wrecking rds,
ho us wrecking and structural steel mate · als
and quipment, but not including the purchas or
sto age of used furniture and household equ -
m nt, used cars in operable condition, used
s lvaged materials a s part of manufacturing op
rations.
·tter: Garbage , refuse , and rubbish, as defin
here · and all other waste material whic , if
thrown deposited as herein prohibited, ds to
create a da er to public health, safe~ d wel-
fare .
Noxious atter: Material which is c
causin jury to living organisms by c
reac · n or is capable of causing detrim tal
ts upon the physical or economic well-be ·
individuals.
Nuisance: A condition which injures or endan-
gers the public health, safety or welfare which
includes but is not limited to the following:
A.
B.
C.
The conducting or maintaining of any
business, occupation, operation, or activ-
ity prohibited by any Title of this Code; or
The continuous or repeated conducting or
maintaining of any business, occupation
operation, activity, building, land, or pre-
mises in violation of this Title; or
Any fence , wall , shed, deck, house, ga-
rage , building, structure or any part of the
aforesaid; or any tree, pole, smokestack;
or any excavation, hole, pit, basement,
cellar, sidewalk subspace, or any lot, land,
yard, premises or location which in its
entirety, or in any part thereof, by reason
of the condition in which the same is
found or permitted to be or remain, shall
or may endanger the health, safety, life,
limb or property, or cause any hurt, harm,
inconvenience, discomfort, damage or in-
j ury to any one or more individuals in the
City, in any one of the following particu-
lars:
1. By reason of being a menace, threat
and/or hazard t o the general health
and s afety of the community.
2 . By reason of being a fire hazard .
Supp. '.'lo . 1 CD15 :4
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15-1-2 HEALTH, SA.i.'l'ITATION Ai.'l'D ENVIRONMENTAL PROTECTION 15-1 -2
3 . By reason of being unsafe for occu-
pancy, or use on , in, upon, about or
around the aforesaid property.
4. By reason of deterioration or decay
becomes rodent infested, or which
becomes a place frequented by tres-
passers and transients seeking a tem-
porary hideout or shelter.
5 . By reason of lack of sufficient or
adequate maintenance of the prop-
erty, and/or being vacant, any or
which depreciates the enjoyment and
use of the property in the immediate
vicinity to such an extent t hat it is
harmful to the community in which
such property is situated or such
condition exists.
D . Any unlawful pollution or contamination
of any surface or subsurface waters in this
City, or of the air, or any water, substance ,
or material intended for human consump-
tion in the City; or
E. Any a ctivity, operation, or condition which,
after being ordered abated, corrected , or
discontinued by a lawful order of an agency
or officer of the City, continues to be
conducted or continues to exist in viola-
tion of any of the following:
1. Any title of this Municipal Code.
2. Any regulation enacted pursuant to
this Municipal Code.
3 . Any statute of the State of Colorado.
4 . Any regulation of the State of Colo-
rado.
organisms .
ate r: Wa ter whi ch ,
e nt , is s uitable for drinking, cul inary a
rem i ses: A lot, parcel, tract or plot of lln ,
tog her with the buildings , structures thereo .
Pr ises, Private: Any dwelling, house , b d-
ing or other structure , designed or used, e ther
wholly r in part, for private residential pu oses ,
whethe inhabited or t emporarily or cont · ously
uninhabi ed or vacant, and shall incl e any
yard, gro ds, walk, driveway, porch, s ps , ves-
tibule or ailbox belonging or app enant to
such dwell' g , house , building or other structure,
and private and on which no buil · g exists .
Private prem es include business p perty.
Property: L d and , generally, whatever is
erected, growin upon or affixed t land.
vices , or interest in
ognized as being zon
business .
Public P lace: Any an all streets , sidewalks,
boulevards, alleys or ot public ways and any
and all public parks, s s, grounds and build-
ings owned or maint ed y the-City or other
governmental agency provi d for the benefit of
the general public.
Recreational ehicle : A vehicul -type portable
structure with ut permanent foun tion. Vehicle
which can be owed, hauled or drive and prima-
rily designe as temporary living ace mmodation
for recrea · nal, camping and trav use and
including, ut not limited to , t ravel tr ers, truck
campers , amping trailers and self-pro~lled mo-
tor home .
R ecy able Material: Any material or oup of
materi s which is generated as a by-p duct,
whic can be collected and reused or reproc ssed
into eusable material .
efuse : All putrescible or nonput rescible wa e ,
in uding g arbage, rubbish, a shes , street cle
i gs , de a d a nimals , off al , droppings , a bandone
pplia nce s , and ve hi cle parts .
Supp . :\o. l CD 15 :5
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15-3-1 HEALTH , SANITATION AND ENVIRONMENTAL PROTECTION 15-3-2
Chapter 3
ADMINISTRA'rIVE ABATEMENT OF NUISANCES
15-3-1 : The City Manager's Power to Abate a Nuisance in Case of an
Emergency.
15-3 -2: Administrative Abatement Procedure in No n-Emergency Situa-
tions .
Notice Form . 15-3-3:
15-3-4:
15-3-5 :
15-3-6:
15-3-7 :
Responsible Party Abatement.
Administrative Appeal Procedures.
City Abatement Options .
Abatement Costs.
15-3-1: The City Manager's Power to Abate a
Nuisance in Case of an Emergency.
The City Manager is hereby authorized to
immediately abate or enjoin any nuisance exist-
ing in t he City without following the procedures of
this Chapter in the case of an emergency, whether
or not such nuisance is specifically recognized by
this Title.
(Ord. 98-39)
-3-2: Administrative Abatement Proc;zdur
in Non-Emergency Situations.
If, ter inspecting the property on whi a
nuisan is reported, the enforcement per nnel
who are arged or designated by the Citb Man-
ager with ·nvestigating nuisances deJ'are the
existence of nuisance, the following {rocedures
shall be follow
A. Photogra s and/or videota
ten reports
ated.
B . or parties shall be
C . e n (7) days of the
discovery of an ·s ance, the Code Enforce-
ment Officer(s shall ha the discretion
to informally bate the nui nee by s peak-
ing with t e responsible rty. In the
event tha he informal procee · gs fail to
abate t nuisance within the ven (7)
days t e Code Enforcement Offic may,
at h · /her discretion, issue a sum ons
an complaint t o t he responsible part or
ll issue a notice pursuant to E.M.
-3-2(D).
CD15 :9
D . the nuisance has not been ~bated by th
E .
i ormal process or a summons and co -
pl ·nt has not been issued at the con u-
sion of the seven (7) days set fort
E.M. . 15-3-2(C ), a written notice · es-
senti y the form set forth in .M .C.
15-3-3 f this Chapter shall be served
upon th responsible party by ersonal
service o by leaving a copy of e notice
at t he usu place of residence r business
of s uch own r , responsible p s hown by
the records c tained in the ounty Clerk
and Recorder' Office or in e county tax
Assessors Offi , or by 'ling a copy of
the written no · ce to ch responsible
party at such pla e or adress by United
States Mail, certi e return receipt. If
service of such writ notice is unable to
be perfected by a methods described
above, the enforc
cause a copy oft not e to be published
in a newspaper f gene al circulation in
the City, once week for
weeks , or by
property.
findings of the en orcement
personn with respect to the ex1 tence of
the nu· ance, and the section of e City
ordin ce (s) that have been violat
F. Th notice shall a lso state that unles the
re onsible party shall cause the a b e-
ent of the nuisance pursuant to t e
otice a nd this Co de , the Ci t y may abat
·5-13-1 ENGLEWOOD MUNICIPAL CODE
Chapter 13
WATER RELATED NUISANCES
15-13-1: Water Related Nuisances.
15-13-1: Water Related Nuisances.
A. Drains and Ditches. It is hereby declared to
be a nuisance and it shall be unlawful for any
person to create , permit or maintain upon any
premises in the City any unclean, leaking, foul,
unsafe or dangerous, defective or filthy drain,
ditch, tank or gutter.
B. Ponds or Pools. It is hereby declared to be a
nuisance and it shall be unlawful for any person
to create, permit or maintain upon any premises
in the City any pond or pool with unwholesome,
impure and offensive water.
C. Pollution of Water Supply. It shall be deemed
a nuisance for any person to conduct or carry on
A my unwholesome or offensive business or estab-
~shment within a distance of five (5) miles up-
stream from the intake of the domestic water
supply system of the City along and adjacent to
the South Platte River or any tributary thereof, in
a manner which is capable of, or results in, the
pollution, contamination or rendering of the wa-
ter in said river or tributary impure, unsafe or
unwholesome by the discharge or drainage of
wastes or any contaminating matter whatsoever,
by surface or subsurface drainage or otherwise,
from said business or establishment.
(Ord. 98-39)
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CD15:28
15-13-1
AP R-17 -2003 TH U 04:36 PM CITY ATTORNEY FAX NO. 3037836892
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City of Englewood{'
1000 Engl ewood Par kway •En gl ewood , Colorado 8011 O. 303-762-2300
TO: Sue Osborne, Code Enforcement
FROM; Dan Brotzman, City Attorney
DATE: April 17, 2003
Re: West Nile/Mosquito Control
Copy of Boulder's orclinance and E4'1C
Sections 15-6 and 15-13 to go in the nex~
packet. \ I
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P. 06
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~PR-17-2003 THU 04:35 PM CITY ATTORNEY FAX NO. 3037836892
15-13·1 ENGLEWOOD MUNICIPAL CODE
Chapter 13
WATER RELATED NUISANCES
15-13-1: WateT Re~ted Nuisanea.
15-13-1: Water Related Nuisances.
A Drains and Ditc~s. It is hereby declared to
be a nuisance and it shall be unlawful for any
person to create, permit or maintain upon any
premises in the City any unclean, leaking, foul,
unsafe or dangerous, def active or filthy drain,
ditch, tank or gutter.
B. Ponds or Pools . It is hereby declared to be a
nuisance and it shall be unlawful for any person
to create, permit or maintain upon any premises
in the City any pond or pool with unwholesome,
impure and offensive water.
C. Pollution of Water Supply. It shall be deemed
a nuisance for any person to conduct or carry on
any unwholesome or offensive business or estab-
lishment within a distance of five (5) miles up-
stream from the intake of the domestic water
supply system of the City along and adjacent to
the South Platte River or any tributary thereof, in
a manner which is capable of, or results in, the
pollution, contamination or rendering of the wa-
ter in said river or tributary impure, unsafe or
unwholesome by the discharge or drainage of
wastes or any contaminating matter whatsoever,
by surface or subsurface drainage or otherwise,
from said business or establishment.
<Ord. 98-39)
CD15:28
P. 02
15-13-1
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APR-17-2003 THU 04:37 PM CITY ATTORNEY FAX NO. 3037836892
ls.&-1 ENGLEWOOD MUNICIPAL COOi
Chapter 6
CUTl'ING AND REMOVING OF WEEDS AND GRASS
15-6-1: Cut:tiilg and Removmr Wffdil ancf Gr1111.
15-6-1: Cutting and it.moving Weeds and
Gruf.
Eveey occupant and/Ol' owner of real property
shall cut, or cause to be cut, all weeds or ~asses
over si% inches (6"') in height growinr thereon and
shall remove, or cause the removal of, said weeds
or pBB to a site authorized for such disposal.
(Ord. 98-39)
CD15:18
P. 01/01
15-6-1
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aPR-17-2003 THU 04:35 PM CITY ATTORNEY FAX NO. 3037836892
~INANCK NO. 200Z-l
lB OlUJilQMCI ASSISSIMG '?HI C:OS'r or 'l'ltB cotTN'l'!fs XOSQO:~
COH'l'JtOL All2A MAINS'l' TllOSB PIRSONS ESPECIJl.l.'! BDD'ln:D
Jr THE SIJt1nC!. AND R,IPIALDIG OJU>IlfANa NC. 9 8 ... 2 ,
P. 03
WSKP..&aa, pursuant to C.R.S. J0-15·401 (1) (a) (V) (D), the Board
of County Cotamissioners ot Boulder County, Colorado (hereinafter
"Board"), has the autho.rit.y to ea~abl1sh mosquito control areas and
to aa3eas the whole cost thereof againat those persons especially
benefited by the aervice; anc1
WIU5RIAS, the Board has de~ermined that control of mosquitce•
in a pa~ticular area ot unincoi-porated Boulder County, as set forth
below, is necessary and axpedi•nt for the promotion of public
health; and
WBJ:Jl3AS, the integrated peat management (MIPM") appl:'oacb to
mcaquito control is defined aa "a process consisting of the
balanced use o! cul~ural, biological, and chemical procedures that
ia environmentally co~atibla and economically teasible eo r~duc:e
pe~t populations to a toleraDle level,• and exemplifies Boulder
County's preferred approach to promoting public health; and
DDBl.S, the Board deaires tc assess t.he whole coat of
mosquito control ~hrough IPM, eo the greatest degree posaible,
against thosa peraone especially benefited by the service.
S•ctiOQ 1. That:· the Boulder county Mosquito Coctrol Ar••
{hereinafter PArean) creat•d by Ordinance No. 94-2 and amsilded by
Ordinance Nee. 95-l and 95-3, shall continue to exist, aucb area
being that portion of Boulder County,· excluding incorporated lands,
descri~ed as follows:
Township l South, Range 69 West
Sections 1, s, ~
Town.shiP. l South, Range 70 West
Secticgs l, 2
Township 1 North, Range G9 Weet
Sections 1-12, 14-23, 25·32, 36
Township 1 Nor~h, Ranse 70 West
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APR-17-~003 THU 04:35 PM CITY ATTORNEY FAX NO. 3037836892
Sections 1, 4-lB, 20, 22·26, 34-36
Townahip 2 North, Range 69 West
sec~ions l, s-a, ll-14, 17-36
Township 2 North, Range '70 Wt!st
seetiona l-S, 7·36
Township 3 North, Range 69 West
Section@ 25, 31, 36
Tcwnahip 3 No"h, Range 70 West
SectiCDB 25-28, 33-36
P. 04
lec:tion 2. That the intagrated pest managemenr. ( 11 IPM•)
approach to mesquite control be· utilized; however, excep~ for the
ttandatoey use of lPM, the Board may provide for the control of
moaquicoee in the Area .in such manner as the Board in ita sole
discretion determines, including, but noc limited to, contracting
for materials and labor. · ·
fec:tiqa 3. That the whole cost (bareinattar •cost:11
) of
controlling mosquitoes within the Area, inc:ludi.c.g, without
limi~aeion, tbe cost of materials and labor, coat• of inspection,
adve:rtising, and printing, program administration, education plan
implementation, and all ether incidental c:ost:s in conneccion
therewith, shall be asaeaaed against:. tho•• ••p~cially benefited by
the ae:rvices, such assessment to be an aqual, annual assessment
upon all parcels of real property located within the Are•, except
chat t~ exempt:. µopercies, unimproved properties that a::-• as.sa••ed
"Agriculture,'' natural resources, oil and gas produc:ticn, and
state-assessed utilities, as defined by the SOuJ.d.ar CoWlty
Asaesaor, shall not be assessed.
Sectica 4. The Cost to be assessed annually again8t property
in the Area, minus the exc:ept:ions listed abcve, shall be assessed
on a per let basis, and the amount to be assessed per lot shall be
$l5 .
Secti9J1 S. The Board hereby certifies these assessments to
che Bould~r Councy Treasurer ec be aaaessed and collected as are
\ general taxes .
Sec:~io: 6 .
January l, 2003,
repealed .
This o~d.inance shall be ef feeti ve :beginning
and ahall remain in effeet WlCil amended or
. aPR~17 -~003 THU 04:36 PM CITY ATTORNEY
/' . . FAX NO. 3037836892 P. 05
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Dl'l'JlQI)lJCm>, PIRST JUW> md OJU>IUD POBLISDD in f,,Ul in the
Longmont Times Call this l2ca .... day. of November 2002.
ATTEST:
Clerk to ehe Board
SOARD OF COUNTY CCH4ISSIONBlS
OF BOULDBR. comrrr, COU>RADo
Jana L. Mendaz, Chair
Paul o. Dani•c, Vice-Chilir
Rcnald X. St.wa:t, Cgmmissione.:
~ilD Clll ncmm AllD tDtAL RJW>DQ ow ---------
~002.
Al'TEST:
Clerk to the Board
SOARD OP ~OUNTY COMMISSIONERS
OP SOULDBR COU5TY: •
By: __________ _
Jana L. Mendez, Chair
ATrEST; I hereby attaat ~ha~ the above ordinance was intraducad
and i'ea.d at a previous :Soard of County Ccmmi!aioners
meeting and was publi11hed in full in the Longmont Times