[HISTORY: Adopted by the City Council of the City of Englewood as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-1978 by Ord. No. 2335 as §§ 12-12 to 12-16 of the 1978 Revised General Ordinances]
It is hereby found and declared that the existence of obnoxious growths and other material upon the lands lying within the City constitute a menace to public health, safety and general welfare; that it is deemed necessary and expedient for the preservation of public health, safety and general welfare and to eliminate fire hazards and in the public interest that this article controlling the existence of such obnoxious growths and other materials be enacted.
No owner, tenant or person in possession of lands in the City shall permit such lands to be covered with or contain brush, weeds, dead and dying trees, stumps, obnoxious growths, filth, garbage, trash and debris including any material and debris resulting from construction activities or the demolition of a building or buildings where the same is inimical to the preservation of the public health, safety or general welfare of the people of the City or constitutes a fire hazard.
Upon complaint of any resident of the City, or any officer or employee of the City, or upon his or her own motion, the Chief Inspector, Health Officer, City Engineer, Director of Public Works, Chief of the Fire Department, or the Chief of the Police Department, or their designated representative, shall make an investigation of the condition complained of and report thereon, in writing, to the Council.
Upon receiving said report, if the condition be found to exist, the person, persons or City official making said report shall notify the owner and/or tenant or person in possession of such lands complained of, in writing, either personally or by registered mail, to remove said brush, weeds, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, refuse and debris, including any material or debris resulting from construction activities or demolishing of a building or buildings, as the case may be, within 10 days after receipt of said notice. The appropriate City official shall again inspect said lands after the ten-day period shall have expired and shall report, in writing, to the Council whether or not the condition complained of has been abated or remedied.
In the event the owner and/or tenant or person in possession of such lands shall refuse or neglect to abate or remedy the condition complained of after said 10 days' notice, the appropriate City official shall cause the condition complained of to be abated or remedied by the Department of Public Works and shall, thereafter, certify the cost thereof to the Council, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
Any person who violates the provisions of § 129-2 of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 12-6-2005 by Ord. No. 05-20]
The purpose of this article is to establish a yard waste collection and disposal program in the City of Englewood, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning:
- The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
- YARD WASTE
- Leaves and grass clippings.
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the two days prior to a scheduled and announced collection and shall not be placed closer than 10 feet to any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this article. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this article.
This article shall be enforced by the Department of Public Works, the Police Department and the Health Department of the City of Englewood.
Any person who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $500. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.