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Home My WebLink About2007-09-19 CEAC MINUTES• I. • II. Ill. • Call to Order City of Englewood Code Enforcement Advisory Committee Minutes of September 19, 2007 Ch air Chris Hoagland called the regular meeting of the Englewood Code Enforcement Advisory Committee (CEAC) to order at 6 :31 p.m . Roll Call Members Present: Chair Chris Hoagland, Marjorie Becker, Brian Bleile , Robert Zuccaro , and Koren Lowrimore, Alternate. Members Absent: Vice Chair Marty Mosman, Ronald Rutherford , and Jill Wilson. A quorum of the Committee was present. Ex-Officio Members Present: Council Liaisons Laurett Barrentine and Jim Woodward, City Staff Liaison Mike Flaherty, and Sergeant Gary Condreay. Guests : City Council Member Bob Mccaslin, and Englewood resident Cynthia Searfoss . Approval of Minutes Chair Hoagland called for changes to the minutes of the August 15, 2007 Code Enforcement Advisory Committee Meeting. Member Beck er asked th at it be reflected in the m inutes that she was present for the August 15 th meeting. Chair Hoagland would like a comment made by Sergeant Condreay reflected in the minutes; this comment was regarding an unrelated, non-code enforcement prosecution brought up by Ken Bronson in the Public Open Form of August 15th. Chair Hoagland also asked that we strike the last sentence in Paragraph B under Unfinish ed Business . It is not necessary to bring this issue forward to the September meeting. There being no further corrections, a motion to approve the minutes was made by Member Becker and seconded by Member Bleile . The motion carried and the minutes were approved as amended . Open Public Forum None . 1 IV. New Business A. Residential Trash Removal B. Chair Hoagland brought up the fact that there are a number of trash related code violations suggesting some residents may not have trash service in the City of Englewood, and perhaps it would be productive to give code officers the authority to request some type of proof of trash service and potentially create an abatement category for enforcement. The Committee discussed the following: • the impact of a resident who does not have trash service, • proof from residents of their subscription to a trash · service, • alternate methods of trash removal, • enforcement of the current code without micro managing how a resident has trash removed , • renters who may not sign up for trash service and whether the owner/landlord should be responsible for trash service • the process of violation notice and posting. Sergeant Condreay will gather data on whether or not trash violations are an isolated or a chronic problem; he will bring this to the October meeting. Trimming of Trees/Plants/Shrubs in Right of Way This item will not be discussed because of a misunderstanding in the minutes. Chair Hoagland suggested the Committee discuss whether code officers need more guidance in terms of how to enforce vegetation encroachments on public right-of- ways. It was pointed out that this is part of Code Enforcement's responsibilities under EMC 11-5-5 , the ordinance is in place, and it just needs to be enforced . It was suggested an article regarding this ordinance be placed in the Citizen newsletter or on the City's website to remind citizens or this ordinance. C. Cost of Abatement Chair Hoagland added this item. Two months ago an economic summary of the cost of abatement suggested that the cost is more than the City takes in . When added up, officer time plus clerical time plus the filing of liens plus doing all the other stuff needed for abatement, the cost is substantially higher than the 25% surcharge that the city puts on most abatements. He suggests the wording in 15-3-7 be changed so that the city can charge its actual cost of doing an abatement. After some discussion, Member Bleile made a motion requesting the City Attorney's office propose a change in the language to allow the city to recover its abatement costs . Member Lowrimore seconded this motion. The vote was unanimous and the motion was approved . 2 • • • • v. • • Unfinished Business A. Decriminalization and Abatement of Code Violations Earlier Council Liaison Woodward asked the City Attorney if we can add a separate decriminalization , civil violations code for weed and snow removal in addition to (instead of replacing ) keeping our nuisance ordinance currently in place with regard to weed and snow removal. Both would be independent and in the event the civil violations are not effective or there is substantial non compliance with certain individuals or properties , we could move forward with the nuisance charge and abatement. And the simple response to his question was "yes ". The Committee went on to discuss d ecriminalization in Wheat Ridge, Fort Collins, and Denver. • • • Wheat Ridge has already decriminalized their code relating to weed and snow removal. Fort Collins has also decriminalized these violations to their code. Their report indicates there is definitely increased efficiency. Supposedly there is also increased compliance, but no stats have been compiled to prove this and they still have issues with their problem properties. When they issue tickets, they still have both the decriminalization and criminal pro cesses . They first issue a warning or notice to the owner to cut weeds within seven days and , then if this has not been done, Fort Collins actually abates the property after seven days . They abate and issue a ticket at the same time. The first ticket is $100, the second is $300, and the third is $600. The resident or property owner receives one warning per season . For snow, no notice is required; residents have until 8 o'clock the next day to clear their sidewalks . If the resident fails to do that, the city has the sidewalks cleared and bills the property owner. Denver did not respond to Sergeant Condreay's inquiry, but Fort Collins was initially modeled after Denver's decriminalization code. And it is reported that February and March figures indicate Denver collected $325,000 in fines out of over $1 million assessed . The Committee discussed whether criminal and civil citations may be issued for the same violation. Council Li aison Woodward asked for cl arification on this and Member Bleile reque sted that City Attorney Brotzman attend the October meeting. The Committee also discussed what they ultimately are trying to accomplish here. What are we recommending to City Council? What are the pros and cons? City Council 's goals are a safe, attractive and clean city. Member Bleile indicated the CEAC's goals are increas ed efficiency, increased compliance, and expedited process . The Committee will discuss these three issues at the next meeting and hopefully have a consensus for forwarding a recommendation to Council. Another aspect discussed briefly was the budgetary concern for Code Enforcement court staffing issues . 3 Member Bleile requested that Sergeant Condreay provide data at the October meeting on overgrown weed repeat offenders for the last six months. Sergeant Condreay offered to compile bullet points on warnings , postings, etc. for the next meeting in October. B. FunFest Recap Chair Hoagland and Member Mosman were at FunFest as were Tony Geier, Jim Woodward, and Larry Medina. They handed out brochures to residents and had conversations with people about code enforcement service. Chair Hoagland indicated it was a productive afternoon. C. Follow-up on August Public Open Forum After receiving permission from the Englewood resident, Code Enforcement officers went into the subject house over a ten day period catching and trapping 39 cats . The homeowner and animals lived under appalling conditions . This residence was posted as uninhabitable by the City of Englewood . VI. Code Enforcement Monthly Activity Report Sergeant Condreay reported on last month's Code Enforcement activity including Officer Faseruk's zoning cases which are down quite a bit, weed cases of about 300, and graffiti which remains about the same at 57. Sergeant Condreay also reported that he is being transferred to patrol the first of the year. And his replacement is being selected . VII Holiday Schedule Chair Hoagland advised that the November CEAC meeting is scheduled the day before Thanksgiving, and the December meeting is the week before Christmas . He suggests that rather than canceling the December meeting as has been done in past years, it might make more sense to cancel the November meeting and then meet in December. It was suggested this issue be discussed at the October meeting. Member Becker advised she will be out-of-town for both the October and November meetings . VII. Topics for Future Meetings • Decriminalization and abatement of code violations • Abatements • Trash Removal • Trimming of Trees /Plants Shrubs in Right-of-Way • Dangerous Animal Ordinance Review • CEAC 2007 Meeting Schedule in November and December 4 • • • • • • VIII. Adjournment There being no further business, Member Bleile made a motion to adjourn the meeting. Ron Zuccaro seconded the motion. The meeting ended at 8 :00 p.m. Submitted by:~~ 5