HomeMy WebLinkAbout1985-06-10 (Special) Meeting Agenda,-
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City Council Meeting -Special
June 1 0 , 1985
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AGENDA FOR THE
SPECIAL MEETING OF
THE ENGLEWOOD CITY COUNCIL
JUNE 10, 1985
5:30 P.M.
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Call to order, invocaeion, pledge of allegiance and
roll call.
Public Hearing.
(a) To consider an Ordinance on final reading
adopting the 1985 Englewood Municipal Code.
Ad j ournment.
AM /sb
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C 0 U N C I L
DATE June 10, 1985
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
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SUBJECT Ado pt ion of the 19 85
Englewood Municipal Code
INITIATED BY Gary Higbee Director of Finance
ACTION PROPOSED Passage on fi nal reading of an ordinance adoptin~ the
l9aS Englewood Municipal Code after cons i deration qf ordjnance at a
REXXl!flENDATION
Recommended that City Council pass on final reading an ordinance adopting
the 1985 Englewood Municipal Code to be effected on June 10, 1985.
The new Englewood Municipal Code is not being provided at this time
because the final draft changes that have been subm itted to Sterling
include all necessay ordinances through the first quarter of 1985.
Sterling is scheduled to submit the final hardback copy by June 24,1985.
BACKGROUND
It is good policy for cities to recodify their codes approximate ly
every 10 years in order to i ncorporate ordinance that are adopted or
revised. The last time the Engel wood Municipal Code was recodified was
in 1969 .
In 1982 the City Council approved $11,400 for the purpose of i ssuing to
codifying firms a request for proposal for recod ifying the Englewood
Mun icipal Code.
Subsequently, Sterling Codifiers was approved at a cost of $9 ,000. The
City has been working with Sterling since that time drafting the code
recodification. Drafts were reviewed by City departments and various
changes were made as required .
The 1985 Englewood Mun icipal Code is comp iled from the 1969 Municipal
Code and all ordinances adopted or revised through the first quarter of
1985.
The 1985 Code has been organized and categorized by subject area (i.e .,
all public safety ordinances together). The method of organizat ion
required that titles be re-numbered. The physical format of the code
book will be an 8 1/2" x 11" three-ring binder •
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The comprehensive zoning ordinance will be made a part of the 1985 Code
within the next few months.
A calendar of events was worked out with City departments charged with
the responsibility of enforcing the Englewood Municipal Code specifying a
certain date for enactment; whereby a change in forms relating to various
enforcement actions could take place in preparation of the new code
(traffic tickets, police citations, building permits, etc.)
The City is now in a position to adopt the code •
SUGGESTED ACTION:
MOVED BY
SECOND
YES NO ABSENT
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ORD I NANC E NO . 3 )...-
SERI ES OF 198_5 _
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BY AUTHORI TY
COUNCIL BIL L NO. 37
I NTRODUCED BY COU OC I L
Mflo!BER BILO
AN ORD I NANC E ADOPT I NG THE "E NG Lavc>OD MUN ICIPAL CODE 19 8 5 "
IOCORPORATING THEREIN TH E GEN ERAL ORD I NANC ES OF TH E CI TY OF
ENGLEWOOD; PROVID I NG FO R TH E REPEAL OF ALL ORD I NANCES OF A GENERAL
AND PERMANENT NATURE NOT INCLUDED THEREIN, SAVE AND EXCEPT SUCH
ORDINANCES PARTICULARLY SPECIFIED AS EXCEPTED FROM SUCH REPEAL;
PROVIDING FOR PENALTIES FOR VIOLATION OF THE PROVISIONS OF SAID
CODE AND SETTI NG FORT H TH E PENALTIES PROV IDED FOR IN SA ID CODE;
PROVIDI NG FOR A PUBLIC HEARIN G ON THE ADO PT IO N OF SA ID COD E AND
PROVI DI NG FOR THE EFFECTIVE DATE OF SA ID CODE .
BE IT ORDAINED BY THE CITY COU NC IL OF THE CITY OF ENGLEl'KlOD,
COLORADO, that :
Sect i on 1 . Defining the powers and duties of the va r i ous
department s of the Ci t y and the admin i stration t hereof; providing
for fire protect i on, po l i ce protection, pub lic l i braries, and the
protect i on of health and s an i t a tion; the regulation of animals and
fowls, housing, s igns a nd b i llboards , bu ildings, elections, dis-
posa l of garbage , trash and waste , s ale a nd use of fireworks, parks
and pla ygrounds ; t he selection and r egulat ion of personnel; the
licens i ng a nd r egu lation of amusements and amusement device s,
bui l d i ng c on tractors , food dealers , alcoholic beverage s, mercanti l e
e stab lishmen ts , health therapy establishments , c ab le tel evision,
and other trades , occupa ions and businesses ; defi n ing a nd
prohibiting certain offenses , the regulation and acceptance of
p lats and subdivision ; the construction a nd regulati on o f public
improvements , streets and sidewalks , the regulation of traffic ,
water and sewers , and the use of land ; the levying of taxes and the
fixing of penalties and other provisions of a general nature within
the City of Englewood, and its police jurisdiction , shall be in
accordance with the terms of the "Englewood Municipal Code 1985 ,"
three certified copies of which are on file in the office of the
City Clerk, together with all secondary codes duly described and
incorporated therein by reference, and may be inspected during
regular bus iness hours. The said Englewood Municipal Code 1985 is
hereby adopted and incorporated in this ordinance as fully as if
set out at length herein and shall be treated and considered as a
new and original comprehensive ordinance which shall supersede all
other general and permanent ordinances passed by the City Council ,
prior to March 31 , 1985, a nd from and after the date on wh ich this
ordinance shall take effect , the provisions thereof shall be
controlling on all matters contained therein , save and except to
the extent that any ordinance enacted between March 31 , 1985 and
the effective date of this ordinance is in conflict therewith •
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Section 2. The word "Code" may be used as an abbreviation
for the "Eng lewood Municipal Code 1985."
Section 3. All general provisions, terms, phrases and
expressions used in the Code, or any ordinance amending the same,
shall be liberally construed in order that the true intent and
meaning of the City Council may be fully carried out.
Section 4. All ordinances and parts of ordinances of a
general and permanent nature not contained in the Code are hereby
repealed, except those ordinances passed subsequent to March 31,
1985, but such repeals shall not be effective and operative prior
to the effective and operative date of Englewood Municipal Code
1985; provided, however, that nothing contained herein shall be
construed as an attempt to repeal or amend any ordinance passed by
a vote of the people of the City of Englewood, except insofar as
the same may be superseded by or in violation of the Charter of
Englewood or the Con sti tution of the State of Colorado.
Section 5. NOthing contained in this ordinance shall be
construed as a limitation on the power of the City Council to
change obvious typographical or composition errors in the Code
without change of legal effect .
Section 6. The classification and arrangement by chapter ,
article and number system of sections of the Code, as well as the
source notes, annotations, and other editorial matter included in
said Code, form no part of the legislative text ordained hereby;
such inclusion is only for the purpose of convenience, orderly
arrangement and information, and, therefore, no implication or
presllll1Ption of a legislative construction is to be drawn therefrom.
Section 7. '!he Englewood M.ln icipal Code 1985 as published
shall be the sole property of the City of Englewood , as the owner
thereof, and shall be copyrighted for and in behalf of the City of
Englewood by the City Clerk.
Section a.
(a) The City Clerk shall distribute such sets of the Code
and amendments thereto as may be necessary to the various depart-
ments of the City for the official use of the City officers, boards
and commissions, and for exchange purposes for similar publications
of other cities. All volumes designated for official use shall
remain the property of the City of Englewood for the use of such
officials and their successors and shall be r such designation .
The City Clerk shall prepare or cause to be prepared a list of the
City officers, boards and commissions who shall receive for
official use sets of said Code, and shall thereupon deliver such
sets to such officers taking a receipt for each set so delivered .
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(b) SUbsequen t to the effective date of this ordinance, the
City Clerk shall keep on hand a reasonable number of the Codes
herei n adopted for sale to the public at a price to be determined
by him, based s olely upon the cost o f publication .
(c) From time to time after the effective date of this
ordinance, the City Clerk is hereby a uthorized t o cod i fy ordinances
amending the said Englewood Mun icipal Code 1985 and to have the
same printed as supplemen ts or s ubstitute pages therefor. He may
accept subscriptions to such supplements at a cost to be determined
b y him , based solely upon the cost of publication and handling of
the same , and shall make such copies of the supplement availab le to
such subscr i bers as the same are received by him and shall bill for
the same. Failure of a ny subscriber to pay such billing on or
before the date of mailing of the next subsequent supplement shall
cause such subscr i ption to be dropped from the mailing list .
Sect ion 9 . This ordinance shall become effective on the 13th
day of July, 1985 at 12 :01 a .m.
Section 10.
(a) Any person who shall violate any provision of this
ordinance, or any provis ion of any secondary codes adopted therein ,
shall be fined not more than three hundred dollars ($300) or
imprisoned for a term not exceeding ninety (90) days , or shall
suffer both fine and imprisonment. The amount of such fine or term
of such imprisonment shall rest with in the disc retion of the
Mun ici pal Judge.
(b) The penalties set forth in the Code are as follows:
(1) Section 1-4-1: General penalty.
(a) It shall be unlaw ful for any person to
violate , disobey , omi t , neglect , refuse or fail to comply with or
resist the enforcement of any provision of this Code or any
s econdary code adopted herein , and whe re no specific penalty is
provided therefor, the violation of any provision of this Code or
of any secondary code adopted herein shall be punished by a fine
not exceeding three hundred dollars ($300) or imprisonment fo r a
term not exceeding ninety (90) days or by both such fine and
imprisonment, the amount of such fine or term of such imprisonment
to rest within the discretion of the Municipal Judge . The
imposition of one penalty shall not excuse any violation or permit
it to continue . Unless otherwise indicated , a separate offense
shall be deemed committed upon each day or portion thereof during
or on which any violation of any provisions of this Code or any
secondary code adopted therein occurs or continues .
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(b) No jail s entence shall be imposed upon
persons under the age of eighteen (18) years. This restriction
shall not apply to persons who are convicted of a violation arising
out of the operation of a motor vehicle. The term "conviction" as
used herein shall include either the entry of a plea of nolo
contendere or gu ilty to the violation . Any provi sions to the
contrary shall not have standing with respect to the persons under
the age of eighteen (18) years .
(2) Section 1-4-2: CUmulat ive remedies.
(a) Whenever any act or condition is herein declared to
be, or constitutes, a nuisance or provides a cause of action for
injunction or other civil remedy, the said remedies shall be
considered to be cumulative, and in addition to the penalties
hereinabove provided, and an action for abatement, injunction , or
other civil remedy may be brought against such violator.
(b) The suspension or revocation of any license, permit
or other privilege conferred by the City shall not be regarded as a
penalty for the purposes of this Code .
(c) When work or activity for which a permit or license
is required by this Code or any code adopted herein is commenced
without first having acquired such permit or license, the specified
fee shall be doubled, but the payment of such double fee shall not
relieve any person from fully complying with all the requirements
of this Code or any code adopted therein nor from a ny other
prescribed penalties. Paymen t of such double fee or any unpaid
portion thereof may be compelled by civil action i n any court of
competent jurisdiction . The acceptance of any portion less than
the entire amount of such double fee by any off i cer or employee of
the City shall not constitute a waiver or release of the balance
thereof .
(3) Section 8-6-4 : Nuisance, Penalties .
The moving or demolition of any structure within the
City of Englewood in violation of any provision of this chapter is
hereby declared to be a public nuisance and , upon application of
the Director of Community Development, the City Attorney is hereby
authorized and directed , without the necessity of further authority
of the City Council, to institute such legal proceedings as may be
necessary to obtain a judicial abatement thereof. In addition , the
violation by any person of any provision of this chapter may be
prosecuted as other violations of municipal ordinances and shall
subject the violator to those fines and penalties as are provided
for in Chapter 4 of Title I of this Code .
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(4) Section 3-5-B: Strikes Prohibited.
(b) In the event a certified employee representative
engages in any conduct which falls within the definition of
"strike" herein, such violation shall be cause for the City to
terminate the collective bargaining agreement with said certified
employee representative and/or withdrawal of recognition of the
certified employee representative upon giving written notice to
that effect to the chief representative of said certified employee
representative or employee organization, in addition to whatever
other remedies may be available to the City at law or in equity.
Said action of the City is subject to the "Grievance Appeal,"
Section 3-3-2.
(c) In the event an employee or employees engage in
any conduct which falls within the definition of "strike" herein,
such violation shall constitute just cause for immediate discharge
of said employee, in addition to whatever other remedies may be
available to the City at law or in equity. The City shall not be
required to pay any employee any portion of his/her salary or
fringe benefits while engaging in activity in violation of said
section. It is expressly recognized that the City has the right to
selectively discipline, up to and including discharge, any
employee or employees whose conduct falls within the definition of
said section without having to discipline all employees whose
conduct falls within the definition of said section. An employee
or employees directly affected by an action of the City under this
Section shall have the right to grieve said action through the
"Grievance Appeal," Section 3-3-2, or where appropriate, through
the "Discipl inary Appeals," Section 3-3-3.
(5) Section 5-2B-ll: Violation, Penalty
Any individual, association, partnership or
corporation which is convicted of a violation of any provision of
this Chapter shall be fined in a sum of not more than three hundred
dollars ($300) or shall be imprisoned not to exceed ninety (90)
days, or shall be both so fined and imprisoned.
(6) Section 5-7-5: License; Issuance, Conditions
(d) Starting work on any project before the required
license has been secured will result in a fifty percent (50%)
increase of the license fee as a penalty. This penalty shall be
cumulative with all other penalties and remedies for the enforce-
ment and collection of such license fees .
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(7) Section 5-7-6: Each contractor, whether general or
special, shall be responsible for all work included in his con-
tract, whether or not execution is by himse l f, his employee or a
subcontractor, and for all funds or property received by him for
prosecution of a specific contract for a specific purpose.
(8) Section 5-7-7: License Suspens i on or Revocation
A. '!be Olief Building Inspector shall, upon the
verified complaint in writing of any person, require the contractor
to appear before the License Officer for a hearing upon five (5)
days' notice in writing, mailed to his last known post office
address , and the License Officer shall have the power to temporar-
ily suspend or revoke any license if the License Officer shall find
by a preponderance of the evidence that the licensee has:
1. Abandoned any contract without legal cause .
2 . Diverted funds or property received for
performance of a specific contract and applied such fund for any
other purpose, or he failed t o use such funds for the performance
of said contract.
3. Fraudulently departed from or disregarded
plans and/or specifications.
4. Wilfully and deliberately disregarded any
provision of this Code , or any provision of any secondary code
adopted herein.
5. Fa iled to keep records of receipts and dis-
bursements of his transactions as a contractor and produce same for
examination by the License Of ficer when requested.
6 . Mi srepresented a material fact to obtain a
license or permit.
7. Done any wilful, fraudulent act as a
contractor by which another is substantially i njured .
8. Used his license to obtain permits for
another.
9 . Carelessly or negligently provided reason-
able safety measures for the protection of workmen and the public.
10 . Failed or refused to obtain a permit for any
work before starting a j ob.
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B. If the l i censing off i cer determines that a
hearing s hould be held to determine i f a l i cense should be revoked,
suspended or deni ed, under the terms o f this chapter, the procedure
shall be as prov ided in Section 1-10-2 of thi s Code.
c. When a contract or 's license is revoked, no new
permits shall be issued to such licensee un til he shall fully
correct the faulty const ruction with the provisions of t hi s Code
and until the license is reinstated. The Li cense Officer shall
have power to withhold reinstatement of the license for a period
not to e xceed si x (6) months . If the suspension is over three (3)
months, the licensee shall be required to obtain a new license,
which fee shall not be prorated.
D. The Ch i ef Bu i ld i ng Inspector may make an
emergency suspens i on of the l icense of a contractor should the
actions of the contractor pose an immed i ate, serious and imminent
threat to the health , safety and welfare of the residents of the
City of Englewood. Such emer gency suspensi on shall not continue
longer t ha n ten (1 0) days without a hear i ng before the License
Officer.
(9) Section 5-7B-6 : License Revocation, Suspension or
Denial
The licensing officer may revoke , suspend or deny a
license prov ided for in this Article if he fi nd s t ha t the l i censee
i s respons i ble for one or more of the foll ow ing acts or omissions:
A. Fa ilure to comply wi h the terms of Section 5-7B-3;
B. Vio lation of the terms of Section 5-7B-2B.
(10) Sec tion 5-7-7B : Revocation and Suspension ; Procedure .
If the licensing officer determines that a hearing
should be held to determine if a license should be revoked ,
suspended or denied under the terms of this Article , the procedure
therefor shall be as provided in Section 1-10-2 of this Code.
(11) Section 5-GC-8: Civil Penalties.
In addition to or in lieu of the penalties that may be
otherwise imposed, the licensing officer may assess the following
civil penalties:
(a) A person who operates or attempts t o operate an
adult bookstore, adult massage parlor , ad ult motion p i cture t hea ter
or adult dancing establishment without having first obtained a
license under this chapter may be assessed a civil penalty of up t o
three hundred dollars ($300).
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(b ) An appl i cant for a license under this chapter,
and any offi cer, d i rector, partner, agent or attorney of such an
applicant, who knowingly makes a false statement or provides false
information on any document or paper accanpanying and forming a
part of such applica tion, shal l be assessed a civil penal ty of up
t o two hundred doll ars ($200 ) for each such false statement or
false item o f i nforma tion.
(c ) A l i censee or employee who fails or refuses to
renew his l i cense wi th i n the period granted by Englewood Municipal
Code 1985, Sect ion 5-6A-8 may be assessed a civil penalty of up to
fifty dollars ($50 ) for each day beyond said period that said
refusal or fa i lure conti nues, but not to exceed three hundred
dollars ($300 ) f or each ref usa l or failure.
(d) A licensee, and any agent, officer, servant or
employee of a licensee, who maintains a nuisance on the licensed
premises or permits the licensed premises to be unsanitary or
unsafe, may be assessed a civil penalty of up to one hundred
dollars ($100) for each day that the nuisance or unsafe or
unsanitary condition continues.
(e) A licensee who moves his licensed premises
without approval by the licensing officer or who changes the name
of his business without notifying the licensing officer, contrary
to Englewood Municipal Code 1985, Section 9-10-9, may be assessed a
c i vil penalty of up to three hundred dollars ($300).
(f) A licensee or empl oyee who does not keep the
r ecords and mak e the r e po rts r equired by any of the agencies herein
ma y be a ssessed a c i vil pena lty of up to f i f t y dollars ($50) for
e ach violation.
(g) A licensee , and any agent , officer, servant or
emp loyee of a licensee , who fails to correct violations of the
general and applicable s pecial requireme nts for the licensed
premises , as specif i ed in Article B, may be a s sessed a civ il
penalty of up to two hundred dollars ($200 ) for e ach violation
observed and not corrected within the period prescr i bed by the
l i censing officer , the Department of Community Devel opment or the
Fire Marshal , as the case may be.
(h) Any person who aids or pa rticipates in a
v i olation for which a civil penalty may be assessed under this
chapter shall be considered a principal in t he violati on and may be
assess ed a ci v il penalty of up to the ma xi mum amount prescribed for
that violation .
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(12 ) Sect i on 7-lA-2: Running at Large Prohibited.
(c) Penalty. Any owner: or: person found guilty of
their: dog viola t i ng a ny provisions of this Section shall, upon the
first conv i c t ion, be subject to the payment of a fine or: not less
than f i fteen do llars ($15 ); upon the second and subsequent
conv iction sha ll be f i ned a sum no t l e ss than twenty-fi ve dol l ars
($25) nor: more than one hundred dollars ($100 ); and upon the thi rd
and subsequent convict i ons shall be fined an amount not less than
one hundred dollars ($100 ) nor: more than three hundred dollars
($300) and be subject to not more than ninety (90) days in jail, or:
both such fine and imprisonment.
(13) Sec t ion 11-38-10: Penalty for: Defective Work.
In addition to or: in lieu of the other: remed i es or:
penalties provided, if a contra ctor: fa i ls to comply with the
requirements of this Chap t er: relating to concrete work, additional
permits for: sidewalks, curbs, gutters, service walks and driveways
will be withheld by the Director: until assurance is received that
there will be comp l iance herewi th.
(14) Section 10-1-5: Penalties
The violation of any provisions of these Subdivision
regulations is hereby dete rmined and declared to be a public
nuisance and, upon proper: authorization by Council, the city may
inst itute such legal proceedings as may be necessary to obtain a
judi cial abatement there o f . In add i tion, the violation by any
person of a ny prov i si ons of the se Subd i vision Regula t ions shall
subj ect the violator: t o prosecut ion a nd to such fines and penalties
a s are provided for in Title 1, Cha pter: 4, of this Code .
(15) Section 4-5-5: Failure to Pay , Pena lty.
If any utility bus iness or: occupat i on subject to the
pr:o v1s1ons of this chapter: s hall f a il to pay the tax ilnposed within
the time prescribed , a penalty of ten percent (10%) of the amount
o f the tax due shall be assessed by the City of Eng lewood a ga i ns t
s uch uti lity bus i nes s or: occupation; and the said tax , t og ether:
with the penalty assessment , shall be and is hereby declar ed t o be
debt due and owing f rom such utility bus i ness or: occupation to the
City of Englewood and subject to collection by an action at law
b rought by the City of Englewood in any court of competent
juri sdiction for: the purpose of such collection.
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(16) Section 4-4-19:
B. Disregard for Rules; Pena lty Assessed.
If any part of the deficiency is due to negligence
or intentional disregard of authori zed rules and regulations with
knowledge thereof, rut without intent to defraud, there shall be
added ten percent (10%) of the total amount of the deficiency; and
in such case, interest shall be collected at the rate of one
percent (1%) per month on the amount of the deficiency from the
time the return was due, from the person required to file the
return, which interest and addition shall become due and payable
within fifteen (15) days after wr itten notice and demand by the
Director of Finance.
c. Fraud; Penalty Assessed.
If any part of the deficiency is due to fraud with
the intent to evade the tax, then there shall be added fifty
percent (50%) of the total amount of the deficiency, and in such
case, the whole amoun t of the tax un pa id , including the additions ,
shall become due and payable fif teen (15) days after written notice
and demand by the Director of Finance and an additional one percent
(1%) per month on said amounts shall be added from the date the
return was due until paid.
(17) Section 11-1-10: Penalties .
The following penalties, herewith set forth in full,
shall apply to this Ord inance :
(a) It i s unlawful for any person to violate any of
the provisions stated or adopted in this Ordinance .
(b) Every person convicted of a violation of any
provisions stated or adopted in this Ordinance shall be punished by
a fine no t exceeding three hundred dollars ($300), or by
imprisonment not exceeding ninety (90) days, or by both such fine
and i mprisonment.
(18) Section 12-2-3: Fees and Charges.
(h) Delinquency and Collection
(1) Fees and charges levied in accordance with
this Chapter shall be paid within thirty (30) days from the date of
billing to the City. If the bill is not paid within ninety (90)
days after billing, it shall be deemed delinquent, wher eupon a
twenty-five (25%) surcharge may be imposed for collection
services.
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( 2) Nonpayment: All sewer charges and
surcharges, including, but not limited to, collection charges,
pretreatment charges, monitoring charges, shall be a lien upon the
property to which sewers are connected from the date said charges
become due until said charges are paid. The owner of every
structure or premise shall be liable for all sewer charges for uses
on his premises, which lien or liability may be enforced by the
City by action at law to enforce the lien. In case the tenant in
possession of any premises shall pay the sewer charges, it shall
relieve the landowner from such obligations and lien, but the City
shall not be required to seek payment from any person whomsoever
other than the owner for the payment of sewer charges. No change
of ownership or occupation shall affect the application of this
Section, and the failure of any owner to discover that he purchased
property against which a lien for sewer service exists shall in no
way affect his liability for such payment in full. Said delinquent
payments, and the lien created thereby, shall be enforced by
assessment upon the property and premises so served and
certification thereof to the County Treasurer for the collection
under and in pursuance as provided for in this Code.
(3) In the event that any sewer charges or
surcharges, including, but not limited, to, collection charges,
pretreatment charges, monitoring charges or sewer tap fees, must be
certified to a county for collection as a delinquent account, a fee
equal to double the amount owed shall be certified and collected .
(19) Section 12-2-6: Enforcement and Penalties.
A. Enforcement Authority
The Director of Utilities may adopt procedures and
rules for the implementation and administration and shall enforce
the provisions contained herein.
B. Notification of Violation
Whenever the Director of Utilities finds that any
person has violated or is violating this Chapter, or any
prohibition, limitation or requirement contained herein, he may
serve upon such person a written notice stating the nature of the
violation and providing a reasonable time , not to exceed thirty
(30) days, for the satisfactory correction thereof. A meeting with
the Director of Utilities may be scheduled at the request of the
violating person or the Director of Utilities to discuss the
violation and /or satisfactory correction schedule.
C. Methods of Notification
Any notification required herein shall be served
either personally or by registered or certified mail.
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D. SUspension of service
The City may suspend the wastewater treatment ser-
vice and/or a wastewater discharge permit when such suspension is
necessary, in the opinion of the Director of Utilities and/or
Director of Wastewater Treatment, in order to stop an actual or
threatened discharge which presents or may present an Lmminent or
substantial endangeunent of the health or welfare of persons, to
the environment, causes interference to the POTW, or causes the
POTW to violate any condition of its NPDES permit.
Any person notified of suspension of the wastewater
treatment service and/or the wastewater discharge permit shall
immediately stop or eliminate the discharge. In the event of a
failure of the user to comply voluntarily with the suspension
order, the Director of Utilities may take such steps as deemed
necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the POTW or endangeunent to any
individuals. The Director of Utilities shall reinstate the
wastewater discharge permit and/or the wastewater treatment service
upon proof of the eliminaHbn of the noricanplying discharge. The
user shall pay all POTW costs and expenses for arry such suspension
and restoration of service. A detailed written statement submitted
by the user describing the causes of the harmful contribution and
the measures taken to prevent any future occurrence shall be
submitted to the Director of Utilities within fifteen (15) days of
the date of occurrence.
E. Permit Revocation
Any user who violates the following conditions
hereof, or applicable State and Federal regulations, is subject to
having his permit revoked:
l. Failure of a user to report factually the waste-
water constituents and characteristics of its discharges;
2. Failure of the user to report significant
changes in operations or wastewater constituents and
characteristics.
3 . Refusal of reasonable access to the user's
premises for the purpose of inspection or a¥:mi toring.
4. Violation of conditions of the permit or this
Chapter or any final judicial order entered with respect thereto.
5. Failure to pay any fees or charges.
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6. Tampering with, disrupt i ng, or destroying City
equipment as determined by the Director, which determination shall
be conclusive.
7 . Failure to report an accidental discharge of a
toxic pollutant.
F. Leg al Action Author ized
If any user discharges i nto the PO'lW contrary to the
prov1s1ons of this Chapter, Federal or State pretreatment require-
ments, or any order of the City, the City Attorney may commence an
action for appropriate legal and/or equitable relief, including a
petition in a court of competent jurisdiction for a temporary
restraining order, preliminary and permanent inj unction against the
viol ation.
G. Termination of Service
The City may terminate or cause to be terminated
wastewater treatment service to any user for a violation of any
provisions herein.
H. Civil Liability for Expenses
Any person violating the provisions herein shall be
liable for any expense , loss or damage caused the City by reason of
such violation, i ncluding the i ncreased costs, if any, for managing
effluent and /or sludge, when such increases are the result of the
user's discharge of toxic pollutants. The Director shall add such
charge to the discharger's treatment charge.
I. Civil Fine Pass Through
In the event that a user discharges such pollutants
wh i ch cause the City to violate any condition of its NPDFS penn i t
and the City is fi ned by EPA or the State for such v iolation, then
such user shall be fully liable for the total amount of the f ine
assessed against the City by EPA and/or the State.
J. Criminal Penalty and Fines
Any person who violates the provisions of this
Chapter shall be subject to a fine of not more than three hundred
dollars ($300) or by imprisonment in the County Jail for a period
of no t mor e than ninety (90) days, or by both such fine and
imprisonment, for each violation . Each day i n wh ich any such
violation shall continue shall be deemed a separate offe nse.
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K. Appropriate Civil Penalties
In addition to the penalties provided herein, the
City may recover reasonable attorney's fees, court costs, court
reporters' fees, and other expenses of litigation by appropriate
legal action against the user found to have violated any provisions
herein, or the orders, rules, regulations , and permits issued here-
under. The attorney for the City, upon request of the City Council,
shall petition an appropriate court to impose, assess, and recover
such Sl.m\5.
Any person who shall violate any provisions of this
Chapter shall be subject to immediate disconnection of the sewer
servicing the property upon or in connection with which the
violation occurred.
L. Appeal Procedure and Order
Any permit applicant, permit holder, or other user
affected by any decision, action, or determination, including cease
and desist orders, made by the City other than by an Englewood
Municipal Judge in interpreting or imPlementing the provisions
herein, or any permit issued hereunder, may file with the Director
a written request for reconsideration and a stay of the decision
within ten (10) days of such decision, action, or determination,
setting forth in detail the facts supporting the request, whereupon
the Director of Utilities shall hold a hearing. The request for
reconsideration shall be acted upon by the Director of Utilities
within ten (10) days from the date of filing. The decision, action
or determination may be stayed during such period of review by the
Director of Utilities.
If the decision of the Director of Utilities is
unsatisfactory to the person appealing, he may file a written
appeal to the Wa ter and Sewer Board within ten (10) days after
receipt of the decision. The Water and Sewer Board may hear the
appeal and shall make a final ruling on the appeal within
thirty-five (35) days of receipt of the user's written appeal. The
decision, action or determination of the Director of Utilities may
be stayed during such period of review by the Water and Sewer
Board. After the Water and Sewer Board has reviewed the evidence,
it may issue an order to cease and desist to the user responsible
for the discharge directing that, following a specified time
period, the sewer service be discontinued unless adequate treatment
facilities, devices or other related appurtenances are properly
operated. Further orders and directive as are necessary and
appropriate may be issued. The decision of the Water and Sewer
Board shall be binding on all entities and the user until and
unless ruled otherwise by an appropriate court.
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M. Falsifying Information
No user shall knowingly make false statements,
representati ons or certifications in any application, record,
report, plan or other document filed or required to be maintained
pursuant hereto, or pursuant to its wastewater discharge permit, or
falsify, tamper with, o~ knowingly render inaccurate any monitoring
device or method required herein .
Section 11. All ordinances of a general and permanent nature
finally passed and approved by the City Council after March 31,
1985 but on or before the effective date of this ordinance shall be
incorporated in the proper place in the Code, but nothing in such
inclusion, or this authorization therefor, shall be construed as
suspending the time such legislation takes effect; but such
legislation shall become effective as if such i nclusion were not
authorized.
Section 12. The repeal of any ordinance or any portion
thereof as prov1ded in Sect i on 5 of this ordinance shall not affect
or Lmpair nor be applicable to:
(a) Any act done or right vested or accrued or any
proceeding, suit or prosecuti on had or commenced in any cause
before such repeal shall take effect; but every act done, or right
vested or accrued, or proceeding, suit, or prosecution had or
commenced shall remain in full force and effect to all intents and
purposes as if such ord inance or part thereof so repealed remained
in force. No o f fense committed and no liability, penalty or
forfe iture, civilly or criminally i ncurred, prior to the time when
any such ordinance or part thereof shall be repealed or in any way
altered by the provisions of this ordinance or the Englewood
Municipal Code 1985 shall be discharged or affected by such repeal
or alterat ion; bu t prosecut ions and suits for such offenses,
liabilities, penalties or forfeitures shall be instituted and
proceeded with in all respects as if such prior ordinance or part
thereof had not been repealed or altered.
(b) Any general or special ordinance, resolution or motion
heretofore passed , adopted and made validating, ratifying or
legalizing the acts or omiss ions of any officer or validating any
ordinance, act or proceeding whatever; but all validating or
legalizing acts of and by the City Council whatsoever and now in
force are hereby continued in force.
(c) Any ordinance relating to the public debt or the public
credit or any annexation of territory .
(d) Any ordinance relating to a contract to wh ich the City
of Englewood, Colorado, is a party or to any contract made for its
benefit.
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(e) Any ordinance, resolution or motion making appropriation
of publ ic funds.
{f) Any ordinance levying a special benefit assessment or
creating a l ien and debt against any property situate within the
City of Englewood, Colorado, and improved by the opening, widening,
extension or pav i ng of any street or publ ic thoroughfare within the
s aid City of Englewood and/or the installation of gutters, curbs,
curbwalks or sidewalks along said streets or thoroughfares.
{g) Any ordinance or resolution granting any franchise,
license, right or revocable permit to any person, firm or
corporation, which franchise, license, right or revocable permit
was legally in force and effect on the date of the effective date
of the Englewood Municipal Code 1985; it being the express intent
and purpose of the City Council of the City of Englewood that every
such franchise, license, right or revocable permit shall expire as
originally provided by the ordinance or resolution granting the
same unless sooner terminated by the Council, acting under and
pursuant to the Charter of the City of Englewood.
(h) Any ordinance ot resolution promising or guaranteeing
the payment of money by the Ci ty or authorizing the issuance and
sale of General Obligation or Revenue Bonds by the City.
{i) Any administrat i ve ordinance or resolution of the City
Council not in conflict or inconsistent with the provisions of the
Englewood Municipal Code 1985.
{j) Any ord inance providing for and making the annual tax
levy in and for the City of Englewood, Colorado.
(k) Any ordinance or resolut i on establishing fees for
building permits and inspections .
(l) Any ordinance or resolution establishing the amount of
bond to be posted by City officials.
{m) Any ordinance or resolution relating to the salaries of
City officers or employees.
{n) Any ordinance, resolution or motion annexing territory
to the City; or any ordinance or ordinances establishing land use
zoning districts in the Ci y , regulating the use of land and the
use, bulk, height , area and yard spaces of bu ildings, adopting a
map of zoning districts, providing for the adjustment, enforcement
and amendment therefor .
{o) Any ordinance , resolution or motion naming, renaming
opening, accepting or vacating streets , alleys or rights-of-way in
the City or any ordinance amending the same .
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Secti on 1 3 . The Englewood Munici pal Code 1985, or a ny
chapter or sect1 on thereof, 1nay be proved by a copy thereof,
certif ied by t he Ci ty Clerk of the City of Englewood under the Seal
o f the City; or wh en printed in book or pamphlet form and
purporting t o be pr i nt ed by aut hority of the City, the same s hall
be rece i ved i n evi dence in all courts without further proof of t he
e xist e nce a nd regular i ty of t he ena ctments o f any partic ular
o rdinanc e and of s aid Cod e .
Section 14. Pursuan t to and in compl i ance with 31-16-203
Colorado Rev i sed Statutes, the City Clerk of the City of Eng l ewood
is hereby authorized and directed to publish notice of a public
hearing on the adoption and enactment of the Englewood Municipal
Code 1985 to the extent and pursuant to the schedule for such
public ations prescribed in 31-16-203 Colorado Revised Statutes,
said public hearing t o be held in the Counc i l Chambers, City Hal l ,
3400 South Elati Street, Englewood, Arapahoe County, Co l orado, at
5:30 p.m. on June 10, 1985.
Section 15.
(a ) At frequen t i ntervals after the approval of thi s
ordinance, all ordi nances of a general and permanent nature passed
and approved during the preced i ng period shall be revised, arranged
and prepared for publication in the form of looseleaf supplements,
reprinting the page or pages of the Code affected, removing the
amended or obsolete prov i s i ons and i nserting the new provisions.
(b) Any and all additions or amendments to the Code , when
passed in such form as to indic ate the i ntent i on of the Ci t y
Coun cil to make the same a part thereof , shall be deemed t o be
i ncorpo rated in the Code s o that reference to the Englewood
Municipal Code 1985 shall be und erstood and i ntended t o include
such additions a nd ame ndme nts .
(c) In case of the amendment of any section of the Code f or
whi ch a penalty is not provided , the general penalty as pr ov ided i n
Section 1-2-1 of s uch Cod e s hall a ppl y to the section as ame nded;
or in case such amendme nt conta i ns provisions for which a penalty ,
other than the aforementioned general penalty , is provided in
another section in the same chapter , the penalty so provided in
such other section shall be held to relate to the section so
amended, unless such penal y is specifically repealed therein .
Section 16. A copy of such Code shall be kept on file in the
office of the C1ty Clerk, preserved in looseleaf form , or in such
other form as the City Clerk may consider most e xpedient . It shall
be the express duty of the City Clerk or someone authorized by him ,
to insert in their designated places all amendments or ordinances
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which ind1ca te the intention of the City Council to make the same a
part of such Code when the same have been pr i n or reprinted in
pag form , and to extract from such Code all provis1ons wh ich may
from t · to time repealed by the City Council . nus copy of
such Code shall be available for all persons des 'ring to examine
the same and shall be considered the off icial Engl ood nicipal
Cod 1985 .
Section 17 . It shall be unlawful for any person, firm or
corporation to change or amend by additions or deletions , any part
or port i on of such Code, or to insert or delete pages or portions
thereof , or to alter or tamper with such Code in any manner
whatsoever wh ich wi ll cause the ordinances of the City of Englewood
to be misrepresented thereby. Any person, firm or corporation
violating this section s hall be punished as provided in Section
1-4-1 of Englewood Municipal Code 1985 .
Introduced, read in full , and passed on first read ing on the
20th day of May, 1985.
Pub lished as a Bill for an Ordinance on the 22nd day of
May t 1985.
Read by title and passed on final reading on the lOth day of
June, 1985.
Published by title as Ordinance No.
the 12th day of June, 1985.
Attest:
ex off1c1o City Clerk-Treasurer
__ , Series of 1985, on
Eugene L. Ot1s, Mayor
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado , hereby certify that the above and
foregoing is a true, accurate and complete of the Ordinance passed
on final reading and published by title as Ordinance No. ,
Series of 1985. --
Gary R. H1gbee
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE
AGENDA ITEM June 10, 1985 SUBJECT Adoption of the 1985
Englewood Muni cipal Code ~a_
INITIATED BY Gary Higbee Director o f Finance
ACTION PROPOSED
--l9as Eng 1 ewoad ""'"9" O Q f; "" reo a;"" M " ~rdj '""Ce ·~:~: '::
Municipal Code after cons,derat'on of ord1n _____ t -·-
Recommended that City Counc il pass on final reading an ordinance adopting
the 1985 Englewood Municipal Code to be effected on -+'IRe 10, 1985,
-:5u ly l3 ,qg5'" The new Englewood Municipal Code is not being provided at 1 this time
because the final draft changes that have been submitted to Sterling
include all necessay ordinances through the first quarter of 1985.
Sterling is scheduled to submit the final hardback copy by June 24,1985.
BACKGROUND
It is good policy for cities to recodify their codes approximately
every 10 years in order to incorporate ordinance that are adopted or
revised. The last time the EngelWood Municipal Code was recodified was in 1969.
In 1982 the City Council approved $11,400 for the purpose of issuing to
codifying firms a request for proposal for recodifying the Englewood Mun icipal Code.
Subsequently, Sterling Codifiers was approved at a cost of $9 ,000. The
City has been working with Sterling since that time drafting the code
recodification. Drafts were reviewed by City departments and various changes were made as required.
The 1985 Englewood Municipal Code is compiled from the 1969 Municipal
Code and all ordinances adopted or revised through the first quarter of 1985.
The 1985 Code has been organized and categorized by subject area (i.e.,
all public safety ordinances together). The method of organization
required that titles be re-numbered. 'llle physical format of the code
book wi 11 be an 8 1/2" x 11" three-ring binder.
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The comprehensive zoning ordinance will be made a part of the 1985 Code
within the next few months.
A calendar of events was worked out with City departments charged with
the responsibility of enforcing the Englewood Municipal Code specifying a
certain date for enactment; whereby a change in forms relating to various
enforcement actions could take place in preparation of the new code
(traffic tickets, police citations, building pennits, etc.)
The City is now in a position to adopt the code.
SUGGESTED ACTION :
MOVED BY ____________ _
( SECOND ________________ _
lt--_Y_E_S,=======~-N-0,========~·-B-SE_N_T~============-----. ---.-----------------
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C 0 U N C I L
DATE
June 10, 1985
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
~a_
SUBJECT Adoption of the 1985
Englewood Municipal Code
INITIATED BY Gary Higbee Director of Finance
ACTION PROPOSED Passage on final reading of an ordinance adopting the
1ga5 Eogleterod Mpnicipal code after consideration gf ordinance at a
• J
Rmlf+IENDATION
Recommended that City Council pass on final reading an ordinance adopting
the 1985 Englewood Municipal Code to be effected on June 10, 1985.
The new Englewood Municipal Code is not being provided at this time
because the final draft changes that have been submitted to Sterling
include all necessay ordinances through the first quarter of 1985 .
Sterling is scheduled to submit the final hardback copy by June 24,1985.
BACKGROUND
It is good policy for cities to recodify their codes approximately
every 10 years in order to incorporate ordinance that are adopted or
revised . The last time the Engelwood Municipal Code was recodified was in 1969.
In 1982 the City Council approved $11,400 for the purpose of issuing to
codifying firms a request for proposal for recodifying the Englewood Municipal Code.
Subsequently, Sterling Codifiers was approved at a cost of $9,000. The
City has been working with Sterling since that time drafting the code
recodification. Drafts were reviewed by City departments and various changes were made as required.
The 1985 Englewood Municipal Code is canpiled fran the 1969 Municipal
Code and all ordinances adopted or revised through the first quarter of 1985.
The 1985 Code has been organized and categorized by subject area (i.e.,
all public safety ordinances together). The method of organization
required that titles be re-numbered. The physical format of the code
book will be an 8 1/2" x 11" three-ring binder.
•
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(
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<I
•
•
• •
The comprehens ive zoning ordinance will be made a part of the 1985 Code within the next few months.
A calendar of events was worked out with City departments charged with
the responsibility of enforcing the Englewood Municipal Code specifying a
certain date for enactment; whereby a change in forms relating to various
enforcement actions could take place in preparation of the new code
(traffic tickets, police citations, building permits, etc.)
The City is now in a position to adopt the code .
SUGGESTED ACTION:
MOVED BY
SECOND
YES NO ABSENT
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT Adoption of the 1985
Englewo od Municipal Code June 10, 1985 ~a_
INITIATED BY Gary Higbee Director of Finance
ACTION PROPOSED Pa ssa ge on final re ading of an o r dinance adop ting the
l9SS Englewood Mun icipal c o de after consideration of ordjoance at a
r
T 1n 1aac;
REX:Ofoi-IENDATION
Recommended that City Council pass on final reading an ordinance adopting
the 1985 Englewood Mun icipal Code to be effected on June 10 , 1985.
The new Englewood Municipal Code is not being prov i ded at this time
because the final draft changes that have been submitted to Sterling
include all necessay ordinances through the first quarter of 1985.
Sterl ing is scheduled to submit the final hardback copy by June 24,1985.
BACKGROUND
It is good policy for cities to recodify their codes approximately
every 10 years in order to incorporate ordinance that are adopted or
revised. The last time the Engel wood Municipal Code was recodified was
in 1969.
In 1982 the City Council approved $11,400 for the purpose of issuing to
codifying finns a request for proposal for recodifying the Englewood
Municipal Code .
Subsequently, Sterling Codifiers was approved at a cost of $9,000. The
City has been working with Sterling since that time drafting the code
recodification. Drafts were reviewed by City departments and various
changes were made as required.
The 1985 Englewood Municipal Code is compiled from the 1969 Mun icipal
Code and all ordinances adopted or revised through the first quarter of
1985.
The 1985 Code has been organized and categorized by subject area (i.e.,
all public safety ordinances together). The method of organization
required that titles be re-numbered. The physical fonnat of the code
book will be an 8 1/2" x ll" three-ring binder .
•
I • •
......
I •
. (
•
•
•
• ..
The comprehens i ve zon i ng ordinance will be made a part of the 1985 Code within the nex t few months.
A calendar of events was worked out with City departments charged with
the responsibil i ty of enforcing the Englewood Municipal Code specifying a
certain date for enactment; whereby a change in forms relating to various
enforcement actions could take place in preparation of the new code
(traffic tickets, police citations, building permits, etc.)
The City is now in a pos i tion to adopt the code.
SUGGESTED ACT ION :
MOVED BY ________________________ _
SECOND'---------------------------
YES ________ NO·--------~B S ENT __________________________________ __
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