HomeMy WebLinkAbout2026 Ordinance No. 025ORDINANCE COUNCIL BILL NO. 29
NO.25 INTRODUCED BY COUNCIL
SERIES OF 2026 MEMBER PRANGE
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
TITLE 1 CHAPTER 10 TO ESTABLISH CONSISTENT PROCEDURES
FOR QUASI-JUDICIAL HEARINGS AND INDEPENDENT HEARING
OFFICERS
WHEREAS, the Englewood Municipal Code contains various sections that outline
different procedures and rules of conduct for quasi-judicial appeal hearings; and
WHEREAS, the City desires to amend the Englewood Municipal Code to establish a
comprehensive hearing code procedure, and to repeal or amend sections of the Code that are
inconsistent with the new administrative hearing code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Englewood Municipal Code Title 1 Chapter 10 is hereby amended to
read as follows (new provisions underlined; deleted provisions struck through):
Chapter 10 NOTICE AND HEARING PROCEDURES
1-10-1: - Notices; Manner of Service.
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D. By Whom Served. Notice may be served by any City member or employee, such
employee’s designee, an independent hearing officer, of any department of the City charged with
the issuance of such notice, by any police officer of the City, or by any other person over the age
of eighteen (18) years who shall have no interest in the subject matter of the notice.
E. Personal Service. Personal service shall be as follows:
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4. Upon a partnership, or other incorporated association, by delivering or mailing a
copy thereof to one or more of the partners or associates, or a managing or general agent thereof,
or the entity’s registered agent.
5. Upon a private corporation, by delivering or mailing a copy thereof to any officer,
manager, general agent or agent for process, or the entity’s registered agent. If no such officer or
agent can be found in the City, such copy may be delivered or mailed to any stockholder, agent,
member or principal employee found in the City. If such service be upon a person other than an
executive officer, the secretary, general agent or agent for process, then the City Clerk shall mail
a copy thereof to the corporation’s registered agent, or if none, then to at its last known address
at least fifteen (15) days before the time stated in the notice on which or within which the
corporation to whom it is directed shall do or accomplish that which it is the purpose of the
notice to command it to do.
6. Upon a public corporation or other public agency subject to notice, by delivering
or mailing a copy thereof to the principal officer, chief clerk or other executive employee
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thereof.
F. Service by Mail. If service is had by mail, the person serving the document City Clerk's
or the director of the department's designee charged with the giving of such notice , shall send by
registered or certified mail, requesting a return receipt signed by the person to be served, or any
person upon whom personal service could be made on the person's behalf, a copy of the notice
addressed to such person at the person's usual place of abode or the person's usual place of
business. Such service shall be complete on the date of the filing of the Clerk's proof thereof,
together with such signed return receipt attached thereto. Return of the return receipt to the City
Clerk with the notation that such mail was refused shall be conclusive evidence that the person to
whom it was addressed has received proper notification. Despite the foregoing, the notice of any
hearing requested pursuant to EMC § 1-10-2-4(B) may be served upon the applicant by sending
via US Mail or email or delivering a hard copy to be obtained in person by the applicant as
directed on the notice of appeal form, and such notice shall be deemed served as of the date of
mailing or delivery to the Clerk’s office for pickup (if applicable).
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1-10-2: Hearing Procedures.
1-10-2-1: Purpose and Applicability.
A. The purpose of the rules of procedure contained herein is to provide a uniform, consistent
and expeditious method of procedure for the conduct of all hearings held before the City Council
or any board, commission, independent hearing officer, or official of the City (collectively,
“Hearing Body”). The provisions of this Section shall be applied uniformly in all such hearings;
provided, however, that any Hearing Body board, commission or official may supplement the
provisions of this Section by the adoption of further rules of procedure not inconsistent herewith.
All rules adopted to supplement the provisions of this Section by any Hearing Body board,
commission or official board, commission or official shall be reduced to writing and copies
thereof shall be made available to the public and the parties to any hearing. Nothing herein
contained shall be construed or interpreted to grant to any person a right to appeal to any Hearing
Body the City Council or to any board, commission or official of the City, or to have a hearing
before the same, unless the provisions of the City Charter, any applicable State Statute, or other
ordinance, grants such a right, the sole purpose of this Section being to establish procedural rules
for hearings otherwise required by the provisions of other laws.
B. The provisions of this Chapter shall apply to all quasi-judicial and administrative
hearings, unless Municipal Code for a specific hearing provides otherwise. In the case of such a
conflict, the specific Municipal Code provisions applicable to that hearing shall apply.
1-10-2-2: Definitions.
A. As used in this Section:
1. Aggrieved Person: Any person having a direct and substantial interest in the outcome of
any quasi-judicial hearing, or any person having a right of appeal therefrom by virtue of any
Charter provision, State Statute or ordinance.
2. Applicant: The petitioner, appealing party or complainant.
3. Clerk: The City Clerk or the designated secretary or City staff liaison of any board or
commission or other appropriate official authorized to act in the Clerk capacity under this
Chapter.
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4. Hearing Body: The City Council or any board, commission, independent hearing officer
or official of the City authorized to preside over a hearing.
5. Opponent: Any person in interest opposing the applicant.
B. Department Directorsheads or authorized officials of the City, or the City itself, may be
Aapplicant, or a Rrespondent, or Aaggrieved Pperson as the case may be.
1-10-2-3: Nature of Hearings.
A. Quasi-Judicial Hearings: The provisions of Section 1-10-2-7 hereof shall be applicable
only to those hearings where the Hearing Body hearing body is called upon to exercise a
power of a judicial or quasi-judicial nature, includingwhich, for the purpose of this section,
shall be deemed to include, but not be limited to, the following:
1. Hearings before the Liquor Licensing Authority upon application for the issuance,
or hearings for the suspension or revocation of liquor or fermented malt beverage
licenses;
2. Hearings before any Hearing Bodythe City Council upon ordinances which zone or
rezone realty and, ordinances which annex property to the City;
3. Appeals , and upon all appeals from the decisions of any City official, board or
commission where such an appeal is authorized by Charter, Statute or ordinance, and
which requires an evidentiary hearing to determine such appeal;
3. Hearings before the Board of Adjustment and Appeals;
4. Hearings before an independent hearing officer, including appeals of any City
administrative action or decision and authorized a Hearing Officer upon appeals from
disciplinary actions against employees;
5. Hearings before any Hearing Body the City Council or any board or commission or
official respecting the issuance, suspension or revocation of any license issued by the
City, or the imposition of any assessments or penalties;
6. Hearings before other Hearing Bodies boards or commissions that meet the
requirements of a quasi-judicial hearing as established by the Colorado Supreme
Court or other applicable law.
B. Administrative Hearings: All other hearings before a Hearing Body hearing body shall be
deemed to be administrative hearings, the purpose of which is to obtain information to
enable the bodyCity Council to determine legislative policy or to enable any board or
commission to make recommendations to the Council upon proposed or pending legislation.
Such hearings shall be conducted in compliance with the provisions of EMC §§ Sections 1-
10-2-4, 1-10-2-5 and 1-10-2-6 (where applicable), and in such a manner so as to enable any
person desiring to be heard a reasonable opportunity for the presentation of his views, but
there shall be no requirement for compliance with the provisions of EMC § Section 1-10-2-
7.
C. If in question, The question of whether a hearing is administrative or quasi-judicial shall be
raised at the beginning of a hearing and the Hearing Body hearing body shall rule thereon or
may adjourn the hearing for legal assistance. Failure to raise the issue at the beginning of a
hearing shall waive it.
1-10-2-4: Commencement of Proceedings.
A. All hearing proceedings conducted pursuant to this shall be commenced in the manner
provided by the Charter, Statute or ordinance governing the matter.
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B. In any proceeding involving the appeal of a decision or action of a City official, board or
commission, the appeal procedure shall be commenced by the filing the City notice of appeal
form with the City Clerk or recording secretary of the hearing body involved a written notice of
appeal by any party entitled to take such appeal upon forms to be supplied by the hearing body
having jurisdiction over the appeal within the period set by applicable Municipal Code, or if
none, within period of thirty five (35) days from the date of issuance of the decision or action
being appealed, unless a different time for appeal is set by the Charter, Statute or other ordinance
involved.
1. Any required filing fee (if applicable) shall accompany the fully-completed
and executed City notice of appeal form.
2. The form shall require a valid mailing or email address or that the filing
party will obtain the documents in person from the City Clerk, and a certification
that the appeal:
i. Is not being filed for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of an action;
ii. The claims, defenses, and any other legal contentions are warranted
by existing law or by a nonfrivolous argument for extending, modifying, or
reversing existing law or for establishing new law;
iii. The factual contentions have evidentiary support or, if specifically
so identified, will likely have evidentiary support after a reasonable
opportunity for further investigation; and
iv. The denials of factual contentions are warranted on the evidence or,
if specifically so identified, are reasonably based on belief or a lack of
information.
3. An appeal shall be invalid if it fails to comply with any provision of this section.
1-10-2-5: Referral to Hearing Body.
A. Upon receipt by the Clerk of any complete application, petition, notice of appeal,
complaint or other instrument initiating a hearing, within ten (10) business days, the Clerk shall
refer the matter same shall be referred to the appropriate Hearing Body hearing body having
jurisdiction over the matter, which may include referral to an independent hearing officer
appointed by City Council.
B. The Hearing Body, or its authorized staff member, shall assign and a date, time and place
for hearing, provide notice to the Applicant, Opponent, and other required parties by email, US
Mail, or for pickup (if so indicated by the Applicant), and provide additional notice as may be
required by Municipal Code for that hearing. thereon shall be set by said hearing body, which
shall direct public notice thereof to be given, if otherwise required; provided, however, that the
hearing body may authorize its Clerk to set a date, time and place for hearing upon receipt of
such instrument without the necessity for action by the hearing body itself. Unless mutually
agreed by the Applicant and Opponent, or otherwise required by Municipal Code, the Hearing
Body shall set the hearing within 30 days of referral by the Clerk, and the hearing shall be held
within 60 days thereafter.
1-10-2-7: Quasi-Judicial Hearings.
A. Rights of Participants: All quasi-judicial hearings, as hereinabove designated, shall be
conducted under the following procedures:
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1. All parties or witnesses who appear for the purpose of testifying upon factual matters
shall testify under oath or solemn statement;
2. The cross-examination, upon request of the interested parties, of all witnesses;
3. The stenographic, audio or video recording, or other verbatim, reproduction of all
testimony presented in said hearing; and
4. Within thirty-five (35) days after a quasi-judicial hearing, a written decision by the
Hhearing Bbody which shall set forth the factual basis and reasons for the decision
rendered provided to the parties, except that a hearing officer may issue a verbal
decision immediately upon the conclusion of any such hearing and reduce it to an
abbreviated written decision within thirty-five (35) days.
B. Council, Board Hearings, Order of Procedure: At quasi-judicial hearings before City
Council or other elected or appointed board or commission, the following order of
procedure shall be followed; however, the procedure may be modified by the Hhearing
Bbody when circumstances require the order to be changed:
1. First, there shall be presented those documents showing the regularity of the
commencement of the proceedings and, if applicable, the due form of the public
notice given.
2. Next, the Hhearing Bbody shall receive staff presentation concerning the issue before
the body.
3. Next, the Aapplicant's presentation of such material evidence, if any, as the applicant
desires.
4. The Hhearing Bbody shall, upon completion of the presentation of the applicant's
evidence, call upon any person present in support of the applicant's position to
present such evidence and information as the person may desire.
5. Thereafter, the Hhearing Bbody shall call for the presentation of information and
evidence from any person present at the hearing who desires to oppose the
application, petition, appeal or complaint.
6. The Aapplicant shall then be given an opportunity to present any further matter in
opposition or rebuttal to the matters presented by the opponents.
7. Deliberations and Vote: Each Hearing Body is authorized to deliberate upon the
issues presented at the hearing in private, nonpublic sessions, provided that no
decision shall be effective except upon a vote of the members of the Hearing Body
conducted in an open session thereof.
All documents, or other items of physical evidence, shall be marked as exhibits with such
identifying symbols as may be necessary to determine the exhibit referred to by any
witness or other person.
C. Hearing Officer Hearings, Order of Procedure: At quasi-judicial hearings before a hearing
officer, the following order of procedure shall be followed; however, the procedure may be
modified by the officer in their discretion, when circumstances so require:
1. The hearing officer may conduct an informal hearing and shall not be bound
by judicial rules of procedure.
2. To the extent the appeal is of a determination by a body, employee or agency
of the City, the City has the burden of proof to show, by a preponderance of the
evidence, that the determination or decision being appealed is lawful, consistent
with the relevant provisions of this Code, and based on competent evidence in the
record.
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3. The hearing shall be conducted virtually through an interactive online video
medium allowing the participation of parties and witnesses, unless the hearing
officer requires that the hearing be held in person, or unless one of the parties
requests an in-person hearing for good cause shown.
4. All documents shall be provided to the hearing officer at least five (5) days
prior to the hearing, unless the hearing officer grants an exception for good cause
shown.
5. Should an Applicant fail to appear for the hearing, either personally,
electronically, or through legal counsel, the decision being appealed shall be
affirmed based on a failure to prosecute the appeal.
6. A hearing officer's written decision shall be effective upon sending a copy
to the Applicant at the address within the notice of appeal or making a copy
available for in person pick-up (if applicable). If affirmed, the full length of any
exclusion shall be effective on the date of issuance of a verbal order or mailing of
a written order.
7. For exclusion hearings held pursuant to EMC § 11-4-3, if multiple
exclusions issued to a single person are simultaneously stayed pending appeal, the
effective periods of those which are affirmed, or partially affirmed, shall run
consecutively, not concurrently.
8. All evidence presented at a hearing shall be preserved for the longer of these
following periods: (1) lapse of any applicable appeal period; (2) resolution of a
judicial appeal; or (3) as required by the City’s document retention schedule.
9. Continuances. The hearing officer may continue the hearing for good cause,
for up to ten (10) days from the date of the hearing, upon request of either the
Applicant or the City.
D. Rules of Evidence:
1. The Hhearing Bbody shall not be required to observe formal rules of evidence, but may
consider any testimony, evidence, or documents deemed credible, relevant, and having
probative value to the matter which a majority thereof conclude is reasonably reliable and
calculated to aid the hearing body in reaching an accurate determination of the issues
involved.
2. All documents, or other items of physical evidence, shall be marked as exhibits with such
identifying symbols as may be necessary to determine the exhibit referred to by any witness
or other person.
D. Deliberations and Vote: Each hearing body is authorized to deliberate upon the issues
presented at the hearing in private, nonpublic sessions, provided that no decision shall be
effective except upon a vote of the members of the Hhearing Bbody conducted in an open
session thereof.
E. Appeals from Decisions of a Hearing Body.
1. Issuance of a written or verbal decision shall be considered a final, binding decision,
which shall be subject to judicial review and appeal.
2. The party who appeals a decision of a Hhearing Bbody shall pay for preparation of the
verbatim record and exhibits of the hearing from which the appeal is taken.
F. Judicial Enforcement and Review of Decision: Any party aggrieved by a hearing body in
any quasi-judicial hearing, or the City itself, may apply to have said decision reviewed by a
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court of competent jurisdiction, in accordance with the provisions therefor contained within
the Colorado Rules of Civil Procedure.
G. 3. A Hearing Body’s final decision shall not be automatically stayed by filing a judicial
appeal.
4. In the event that review results in a setting aside or reversing said decision, the City
Council may take such steps as may be necessary to obtain an appellate review of the same,
either through the institution of original proceedings or through appeal.
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1-10-2-8: Preserving Order.
Each Hearing Body administrative body shall have the right to preserve order during the
hearing and to take such steps, including the ejection of any disorderly or obstreperous person
interfering with its proceedings, as may be necessary, and the Hearing Body administrative body
may, prior to any presentations and as a condition to the taking of testimony or information from
any person, require the registration of all persons desiring to be heard during the hearing. It may
restrict the testimony of any person to the material issues pending before it and, to prevent
duplicative or cumulative presentations, it may impose reasonable time restrictions on any
person.
1-10-2-9: Adjournments.
After commencement of any hearing, the Hearing Body administrative body may, if it is
deemed necessary to obtain a full presentation, adjourn the hearing from time to time by publicly
announcing the fact of such adjournment and the date, time and place when and where the
adjourned hearing shall recommence, without the necessity of any further published notice
thereof.
1-10-2-10: Hearing Fees.
A. Each Hearing Body administrative body is hereby authorized to require from each
applicant requesting a hearing before the same, to pay to the City a reasonable, uniform fee
therefor, to defray the expenses of the same; provided, however, that provision shall be made for
the waiver of the payment of same in all instances of proven indigency. Indigency shall be
determined under the same standard in Colorado Courts, including C.R.S. § 13-16-103 and
interpreting guidance such as Supreme Court of Colorado Chief Justice Directive 98-01 as
amended.
B. In the case of an appeal from any action or decision by a City employee or
elected/appointed official, if the appeal is denied or found to be without merit or dismissed
for failure to prosecute, the Hearing Body may, upon motion by the City and opportunity
for response by the Applicant, order that the Applicant reimburse the City for:
1. Up to $500 to reimburse the City for its out-of-pocket expenses actually
incurred in connection with the hearing process, including without limitation, time
billed by the independent hearing officer, administrative expenses, City staff time,
and/or attorneys fees (collectively “City costs and fees”); or
2. All of the actual City costs and fees if the Hearing Body finds:
a. The appeal was filed for an improper purpose, such as to
harass, cause unnecessary delay, or needlessly increase the cost of
an action; or
b. The claims, defenses, and any other legal contentions were
not warranted by existing law or were a frivolous argument for
extending, modifying, or reversing existing law or for establishing
new law; or
c. The factual contentions lacked evidentiary support or were
unlikely have evidentiary support after a reasonable opportunity for
further investigation; or
d. The denials of factual contentions were not warranted on the
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evidence or were not reasonably based on belief or a lack of
information.
1-10-3: - Authority to Issue Subpoenas.
A. The Hearing Body authorized to exercise quasi-judicial authority shall have the power to
issue and sign subpoenas to any person or entity to compel their attendance or production of
evidence or documents at in any quasi-judicial hearing, if the Hearing Body deems it necessary
to decide the issues at the hearing. order to carry out its duties and responsibilities.
A. The Hearing Body shall have the authority to sign said subpoenas.
B. The subpoenas shall be served in the same manner as a subpoena issued by a Municipal
Court; securing proper service of the submitting and submitting a return of service therefore shall
be the responsibility of the party requesting the subpoena.
C. All costs related to the subpoena, including witness fees and mileage fees at the
current I.R.S. rate, shall be borne by the party requesting the subpoena.
D. Upon failure of any witness to comply with such subpoena, the Hearing Body may shall
cause a summons and complaint to be filed in the Municipal Court of the City and a copy of the
complaint to be served on the witness/defendant for a violation of this Section for which the
court shall promptly set a hearing date and review evidence in support of or contrary to the
issuance of the subpoena, and the court may enter an order compelling the witness to attend and
testify before the Hearing Body under penalty of punishment for contempt, in the case of
unlawful failure to comply with the order of the court.
E. D. A violation of this Section shall also be a separate offense of the Englewood
Municipal Code and shall be subject to all other penalties provided for in this Code.
Section 2. Section 4-4-1-6 of the Englewood Municipal Code is hereby amended to
read as follows (new provisions underlined; deleted provisions struck through):
4-4-1-6: License Hearings, Orders, and Appeals.
A. … 2. Before the period of compliance expires as provided within the order, the licensee
may appeal the order by filing a notice of appeal pursuant to EMC § 1-10-2-4(B) for a
hearing before an independent hearing officer. in writing to the Licensing Officer, for an
appeal hearing before an administrative hearing officer.
3. Within fourteen (14) days of receipt, the Licensing Officer shall request the City
Clerk assign an administrative hearing officer.
4. The administrative hearing officer shall schedule an administrative hearing within a
reasonable time. The administrative hearing officer shall make a final decision and
issue an order in writing within thirty (30) days after the conclusion of the hearing.
The decision and order shall be sent by email to the designated email addresses
provided by both parties. An official written copy of the decision and order shall be
mailed to both parties to the designated mailing addresses within twenty-four (24)
hours of sending via email.
5. Either party may appeal the final order of the administrative hearing officer pursuant
to Rule 106(4)(a) of the Colorado Rules of Civil Procedure.
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B. A denial of a License by the Licensing Officer may be appealed to an administrative hearing
officer following the procedures above.
Section 3. Section 5-1-9(D) of the Englewood Municipal Code is hereby amended to
read as follows (new provisions underlined; deleted provisions struck through):
D. Any license holder aggrieved by a final decision of the Licensing Officer shall have
the right to appeal to an independent hearing officer under the procedure established in Title 1,
Chapter 10appointed by the City. The notice of appeal form A written appeal must be filed with
the City Manager within ten (10) days of the final decision by the Licensing Officer.
1. The appeal shall include a copy of the order or decision of the Licensing Officer and
a statement by the license holder setting forth the basis of the appeal.
2. The City Manager shall fix a time and place for hearing the appeal and shall give
notice to the appellant and Licensing Officer.
3. The independent hearing officer shall be limited to a determination as to whether
the Licensing Officer's finding was arbitrary and capricious.
4. The findings of the independent hearing officer shall be given the appellant and the
Licensing Officer.
5.3. If the independent hearing officer determines makes a determination that the
Licensing Officer's finding was arbitrary or capricious, the Licensing Officer shall follow the
procedures and have the powers set forth under paragraphs, A, B, and C, of this section to make
corrections and issue a new final decision.
Section 4. Title 11 Chapter 1A of the Englewood Municipal Code is hereby amended
to read as follows (new provisions underlined; deleted provisions struck through):
11-1A-2: - Impoundment of Motor Vehicles.
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This subsection is subject to all rights that the owner may have regarding any hearing regarding
the towing of the motor vehicle as set forth in EMC §§ the Englewood Municipal Code
Sections 11-1A-6 and , 11-1A-7 and 11-1A-8.
11-1A-4: - Disposition of Unclaimed Impounded Vehicles.
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A. The City shall cause notice to be given to all persons known by the City to claim an interest
in the vehicle, within thirty (30) days after impoundment of the vehicle. This notice shall be
personally delivered, or sent by registered or certified mail, to the last known address of the
business or home of the person to be notified. If not otherwise known, the identify of such persons
will be obtained from the Motor Vehicle Division of the state in which such vehicle is licensed or
registered. The notice will contain:
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5. A statement that the owner of the vehicle has the right within ten (10) days after
receipt of this notice to request an administrative hearing under EMC § 1-10-2-1(B) to determine
the legality of the tow.
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11-1A-5: - Disposition of Impounded Vehicles When Ownership Has Been Established.
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Whenever a vehicle has been impounded in accordance with provisions of this article, and
ownership has been established to the satisfaction of the City or Hearing Officer, or legitimate
claim has been made, the owner or claimant will be notified of the location of the vehicle and the
owner's or claimant's liability for all fees pending against the vehicle, and the owner's right to
request, within ten (10) days after receipt of this notice, an administrative hearing under EMC § 1-
10-2-1(B) to determine the legality of the tow.
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11-1A-6: - Owner's Opportunity to Request Hearing.
A. Whenever a vehicle has been impounded pursuant to the provisions of this article, the
registered owner or other individual having right to possession of the vehicle has the right to
request a post-seizure administrative hearing to determine whether there was probable cause to
impound said vehicle, under EMC § 1-10-2-1(B). if such person files a written demand, on forms
so provided for such a hearing, with the City. Such hearing shall be requested within ten (10) days
after such person has learned said vehicle has been impounded, or within ten (10) days of the
postmarked date of sending such notice of impoundment, whichever occurs first. Such notice shall
be sent by certified mail to the address of record of the registered owner.
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C. If the vehicle has been impounded for a violation of motor vehicle registration laws,
inspection laws, or traffic laws, the City shall notify the registered owner of his right to request
a hearing within forty-eight (48) hours of impoundment, excluding weekends and City holidays.
Such notice shall include the following information:
1. The address and telephone number of the City;
2. The location of storage of the motor vehicle;
3. A description of the motor vehicle, which shall include, if available, the make,
model, license place number, mileage, and vehicle identification number;
4. The reasons for which the motor vehicle was ordered impounded; and
5. That, in order to obtain a hearing concerning the validity of the impoundment, the
owner must request such hearing from the City under EMC § 1-10-2-1(B) within ten (10) days
after the postmarked date appearing on the notice.
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11-1A-7: - Referral to Hearing Officer.
A. Any hearing shall be conducted as a quasi-judicial hearing with a hearing officer, pursuant
to Title 1 Chapter 10. When feasible, the hearing officer shall expedite resolution of the matter.
The Hearing Officer shall be designated by the City Manager.
B. Upon receipt by the City of a written request for a hearing, such hearing shall be conducted
by the Hearing Officer within forty-eight (48) hours, excluding weekends and City holidays,
unless such person requesting the hearing waives the right to a speedy hearing.
C. The sole issues before the Hearing Officer shall be (1) whether the there was probable
cause to impound the vehicle in question. "Probable cause to impound" shall mean such a state of
facts as would lead a person of ordinary care and prudence to believe that there was sufficient
breach of local, State or Federal law to grant legal authority for the removal of the vehicle; and (2)
the person requesting the hearing is the registered owner or other individual having right to
possession of the vehicle.
C. Should the Hearing Officer find no probable cause, the Hearing Officer shall issue a written
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order for the immediate release of the vehicle to the registered owner, with towing and storage fees
paid by the City.
11-1A-8: - Conduct of Hearing.
A. The Hearing Officer shall conduct the hearing in an informal manner and shall not be
bound by technical rules of evidence. Such hearing shall be tape recorded.
B. The City shall carry the burden of establishing that there was probable cause to impound
the vehicle in question.
C. The Hearing Officer shall only determine that, as to the vehicle in question, the person
requesting the hearing is the registered owner or other individual having right to possession, and
either (1) there was probable cause to impound the vehicle, or (2) there was no such probable
cause.
D. At the conclusion of the hearing, the Hearing Officer shall prepare a written decision. A
copy of such decision shall be provided to the individual requesting the hearing and the City. In
the event that the Hearing Officer determines that there was no such probable cause,
the Hearing Officer shall prepare a "certificate of no probable cause", copies of which shall be
given to the owner of the vehicle, the City, and the garage storing the vehicle. Upon receipt of the
owner's copy of such certificate, the police garage having custody of the vehicle shall release the
vehicle to its owner.
E. Upon a finding of no probable cause, towing and storage fees shall be paid by the City in
accordance with arrangements made between the City and police garages.
DF. If the owner fails to present such ordercertificate to the vehicle storage location police
garage having custody of the vehicle within twenty-four (24) hours of its receipt, excluding such
days when the garage is not open for business, the owner shall assume liability for all subsequent
storage charges. Such ordercertificate shall inform the owner of such requirement.
EG. If the Hearing Officer determines that the impoundment was valid and if the owner does
not comply with provisions of applicable Municipal Code to recover possession of the vehicle and
pay all tow and storage fees and costs the appropriate ordinances within ten (10) days of
the Hearing Officer's decision and refuses to remove the motor vehicle by means other under its
own power on a public highway, the City OF Englewood shall have reasonable grounds to believe
the motor vehicle has been abandoned and the provisions of EMC § Section 11-1A-4 of this Article
shall apply for vehicle disposition. and the vehicle may be disposed of in accordance with the
provisions of said Section 11-1A-4, Disposition of Unclaimed Vehicles.
FH. The Hearing Officer's decision in no way affects any criminal proceeding in connection
with the impound in question, and any criminal charges involved in such proceeding may only be
challenged in the appropriate court.
I.The decision of the Hearing Officer is final.
Section 5. Section 11-1-3-2(B) of the Englewood Municipal Code is hereby amended
to read as follows (new provisions underlined; deleted provisions struck through):
B. The determination of the Traffic Engineer shall stand except where the City
Council decides a different determination would be required to protect the health,
safety or welfare of the citizens and public in general, after holding a public hearing
on the matter where testimony shall be received pursuant to Title 1, Chapter 10 of
this Code.
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Section 6. Section 11-4-3(G) of the Englewood Municipal Code is hereby amended to
read as follows (new provisions underlined; deleted provisions struck through):
G. Appeal from Exclusion. Any person issued an Exclusion may file a written notice
of appeal with the City Clerk within four (4) days from the date of issuance under EMC § 1-10-2-
4(B), unless an extension is granted for good cause by the City Manager prior to the filing deadline.
The Exclusion shall be stayed until resolution of the appeal.
1. The notice of appeal shall be invalid if not timely filed or fails to contain a valid
method for appellant's receipt of the notice of hearing and Hearing Officer's final decision (such
as a valid mailing address, email address, and/or that appellant will obtain the documents in person
at the City Clerk's Office).
2. If notice of appeal is valid, the City Manager shall designate a Hearing Officer
within three (3) days to preside over a hearing on appeal.
a. The Hearing Officer shall schedule a hearing on the notice of appeal within ten (10)
days thereafter.
b. No later than three (3) days after scheduling, notice of the hearing shall be available
for pick-up at the City Clerk's Office and sent to the appellant, if an address was provided on the
notice of appeal.
c. The appellant shall be deemed to have received the notice of hearing as of the date
of mailing or availability at the City Clerk's Office, regardless of whether the notice was actually
received.
3. Continuances. The Hearing Officer may continue the hearing for good cause, for
up to ten (10) days from the date of the hearing, upon request of either the appellant or the City.
a. Requests for a continuance may be made in writing and delivered to the City Clerk
prior to the scheduled hearing date, or verbally at the beginning of the hearing.
b. The Hearing Officer has sole discretion to grant or deny a request for continuance.
4. Hearing Procedure. The Hearing Officer may conduct an informal hearing and shall
not be bound by judicial rules of evidence or procedure, except that all testimony shall be under
oath or solemn statement administered by the Hearing Officer.
a. Both parties may present evidence, call witnesses, and cross-examine witnesses
called by the other party.
b. The Hearing Officer shall have authority to determine admissibility of evidence and
testimony based on credibility, relevance, and probative value regarding the issues involved.
c. The City has the burden of proof to show, by a preponderance of the evidence, that
the person issued the Exclusion committed the Rule Violation, and that the issuance, duration, and
conditions of the Exclusion are lawful.
d. The hearing shall be recorded, and transcripts may be made at the expense of the
requestor.
e. Should the appellant fail to appear for the hearing, either in person or through legal
counsel, the Exclusion shall be affirmed based on failure to prosecute the appeal.
f. Within three (3) days after conclusion of the hearing, the Hearing Officer shall issue
a written decision affirming, modifying, or reversing the Exclusion, and the grounds supporting
this decision.
2i. The Hearing Officer shall affirm the Exclusion if the preponderance of evidence
shows the appellant more likely than not committed the Rule Violation, and that the Exclusion
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complies with applicable law.
3ii. If the Hearing Officer modifies the Exclusion, the decision shall specify any
changes or conditions to the Exclusion.
iii. The City Clerk shall promptly send copies of the Hearing Officer's written decision
to the appellant and to the City Manager, and make a copy available for pick-up in person at the
City Clerk's Office by the appellant.
iv. The Hearing Officer's written decision shall be effective upon sending a copy to the
appellant at the address within the notice of appeal (if any) and making a copy available for in-
person. If affirmed, the full length of Exclusion shall be effective on this date.
v. If multiple Exclusions issued to a single person are simultaneously stayed pending
appeal, the effective periods of those which are affirmed (or partially affirmed) shall run
consecutively, not concurrently.
5. The Hearing Officer's written decision shall be considered a final, binding decision,
which shall be subject to judicial review and appeal.
a. The Hearing Officer's written decision, and any resulting Exclusion, shall not be
automatically stayed by filing a judicial appeal.
6. All evidence presented at the hearing shall be preserved for the longer of: lapse of
any applicable appeal period or resolution of a judicial appeal.
Section 7. Sections 15-3-3 and 15-3-5 of the Englewood Municipal Code are hereby
amended to read as follows (new provisions underlined; deleted provisions struck through):
15-3-3: - Notice Form.
The following notice shall be used by all departments empowered
with the abatement of any and all nuisances of this Title.
…
In the event that you do not believe that there exists upon this property the nuisance(s) as
set forth upon this notice, you have the right to appeal this notice and to request an administrative
hearing under EMC § 1-10-2-4(B) by requesting making a written demand to the City for a hearing
within seven (7) days of the posting or receipt of this notice or three (3) days
in the case of Graffiti. Such written demand shall be made to the Clerk of the Englewood
Municipal Court, on the form provided by said Clerk.
15-3-5: - Administrative Appeal Procedures.
The responsible party who has been served with a notice pursuant to this Chapter may,
within seven (7) calendar days after receipt of the notice or three (3) days in the case of graffiti,
request a hearing under EMC § 1-10-2-4(B) to determine make a written demand to the City for
an administrative hearing on the question of whether a nuisance in fact exists on the subject
property.
A. The responsible party must file a written demand with the Clerk of the Englewood
Municipal Court on a form provided for such a hearing by the Clerk.
B. An administrative hearing shall be held within seven (7) calendar days following receipt
by the City of the written demand and at least two (2) days' notice of the hearing shall be given
to the person who made the written demand for the hearing.
C. The administrative hearing shall be conducted by a Hearing Officer
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who shall be designated by the City Manager. The sole issue before the Hearing
Officer shall be whether the condition(s) described in the notice constitutes a nuisance.
If the Hearing Officer finds that a nuisance exists, the Hearing Officer shall confirm the order
that the nuisance be abated. If the Hearing Officer finds that no nuisance exists, the Hearing
Officer has the authority to vacate the notice.
D. Failure of the responsible party to request a hearing within the stated time period, or
failure to appear for the scheduled hearing, shall be deemed a waiver of the right to such hearing.
E. The Hearing Officer shall conduct the hearing in an informal manner
and shall not be bound by technical rules of evidence. Such hearing shall be tape-
recorded. The responsible party, if any, of the subject property shall be given the opportunity to
present evidence during the course of the hearing. In addition, members of the public and the City
enforcement personnel who originally determined that a nuisance existed on the subject
property, shall also be given an opportunity to present evidence.
F. At the conclusion of the hearing, the Hearing Officer shall prepare a written
decision that day. A copy of such decision shall be provided to the person requesting the hearing
and the enforcement personnel.
G. The decision of the Hearing Officer is final.
H. An appeal of the Hearing Officer's order, by either the responsible party
or the City, shall be made to a court of competent jurisdiction. If the Hearing Officer
confirms the abatement order, the date for abatement set forth in the notice and order shall apply
unless a stay is ordered by the court, to which an appeal is made.
Section 8. Title 15 Chapter 5 of the Englewood Municipal Code is hereby amended to
read as follows (new provisions underlined; deleted provisions struck through):
15-5-1: - Vested Rights and Takings Determination.
…
C. Administrative Process/Hearing Officer. An owner, occupant, or developer of real
property, or an owner or occupant of personal property who claims that certain acts by officials,
acting on behalf of the City of Englewood and discharging the official duties of their office, are in
effect a taking of the said real or personal property, may seek a vested rights determination in
accordance with the procedures described in this Chapter.
1. An owner, occupant or developer of real property may assert any legally recognized
takings claim, including, but not limited to, a claim that he or she has been deprived of all
"economically beneficial use" of his or her property; that a condition, requirement or act
by the City does not have a "reasonable nexus" to the violation occurring or emanating
from the property; that such a condition is not "roughly proportional" to the violation occurring or
emanating from or upon the property or that actions by the City under this Title have resulted in a
deprivation of due process.
2. Such persons shall be provided an opportunity for a hearing pursuant to Title 1
Chapter 10. an administrative hearing, the right to present and rebut evidence, a formal record and
an impartial Hearing Officer in accordance with the following procedures.
A. The Hearing Officer shall be selected and appointed by the City Attorney
and shall be an attorney licensed to practice law in the State of Colorado. Subject to the provisions
hereinafter provided, the Hearing Officer shall issue formal findings of fact, conclusions of law,
and a vested rights determination and/or takings determination, depending
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on the nature of the claim asserted by the applicant.
D. Application. An application for a vested rights determination or
takings determination shall be submitted to the City Manager’s or his designee in the form
established by the City Manager. …
15-5-3: - Review and Determination by Hearing Officer.
Upon receipt of a valid application for determination, a hearing shall be conducted by a
Hearing Officer pursuant to the procedure in Title 1, Chapter 10 of this Code.
No later than thirty (30) days after receipt by the Hearing Officer of the application
for determination and the written recommendation of the City Manager
or the designee, the Hearing Officer shall hold a public administrative hearing
on the application. The City shall mail written notice of the hearing to the applicant at least
fourteen (14) days prior to the scheduled hearing. At the hearing, the Hearing Officer shall take
evidence and sworn testimony in regard to the criteria set forth in this Chapter whichever is
applicable and shall follow such rules of procedure as may be established by the City. The parties
before the Hearing Officer shall include the City and the applicant. Testimony shall be limited
to the matters directly relating to the standards set forth in this Chapter. The City Attorney or a
designee shall represent the City, shall attend the public hearing, and shall offer such evidence as
is relevant to the Proceedings. The other parties to the proceedings, or their authorized agents, may
offer such evidence at the public hearing as is relevant to the proceedings and
criteria. The order of presentation before the Hearing Officer at the public hearing shall be as
follows: (1) the City's summary of the application, written recommendation, witnesses and other
evidence; (2) the applicant's witnesses and evidence; (3) City rebuttal, if any.
15-5-4: - Issuance of Determination by Hearing Officer.
Within thirty (30) days after the completion of the public hearing, the Hearing
Officer shall consider the application for determination, the recommendation of the City Manager
or the designee, and the evidence and testimony presented at the public hearing, in
light of all of the criteria set forth in this Chapter, and shall deny, grant, grant with conditions, or
grant in part and deny in part, the application for determination for the property or properties in
issue. The determination shall be in writing and shall include findings of fact for
each of the applicable criteria established in this Chapter, conclusions of law for each of such
criteria, and a determination denying, granting, or granting with conditions, in whole or in
part, the vested rights.
15-5-5: - Appeal.
An appeal of the Hearing Officer's determination, shall be made to a court of competent
jurisdiction.
Section 9. General Provisions Applicable to this Ordinance.
The following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or its application to other persons or circumstances.
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B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the
Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or
change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall
have been incurred under such provision, and each provision shall be treated and held as still
remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings,
and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the
purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or
made in such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City's official newspaper,
the City's official website, or both. Publication shall be effective upon the first publication by
either authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
Introduced and passed on first reading on the 16th day of March, 2026; and on second reading, in
identical form to the first reading, on the 6th day of April, 2026.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on
first and second reading on the dates indicated above; and published two days after each passage
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on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become
effective thirty (30) days after first publication on the City’s official website.
Stephanie Carlile
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