Eye On Englewood

Link: http://englewoodcitizens.org/

Englewood's City Council recently cinched the deal on decriminalizing code enforcement issues, like lawn mowing, and snow removal. This, after many hard years of City Manager Sears' labor seems newsworthy.

While most residents appreciate that they do not live under a Home Owner's Association's stringent rules for hard to get repairs, they've been in the dark over the last four years not realizing the crafty hand of their own City management was robbing the pockets of their own properties.

Residents do not believe Eminent Domain (usurping residents’ properties by government tactics or by well-financed developers) is a valuable reparation for the process of development.

At least in an HOA, homeowners will get exterior improvements for their fees. In the City, however, homeowners pay exorbitant interest and fees to pay off City liens...for what? Cutting grass? Where is the value?

Follow up:

By Colorado law, Home Rule Cities are allowed to lien your property, solving code enforcement issues by the trespass of a City employee onto your land to clean up of weeds or mow your grass for the price of a lien that ain't cheap.

16-6-7.0:E.M.C. Landscaping and Screening.
1. Maintenance of approved landscaping
shall consist of regular watering, mowing,
pruning, fertilizing, clearing of debris
and weeds, the removal and replacement of
dead plants, and the repair and replacement
of irrigation systems and integrated
architectural features. Plant material that
dies shall be replaced with plant material
of similar variety and size within one
hundred eighty (180) days.
2. ...[ ]The agreement shall ensure that
if the landowner [...]fails to maintain the
required/installed site improvements, the
City will be able to file an appropriate lien(s)
against the property in order to accomplish
the required maintenance.

But this section seems to apply only to prospective new homeowners. Surely, the older homeowners are grandfathered in, you say? Not according to the City's new abatement of nuisance law.

15-3-7:E.M.C. Abatement Costs.
In all cases where the City shall incur any expense
for abating or removing any nuisance found upon any
property, lot or premises, all expenses of such
abatement plus an administration cost of twenty-five
percent (25%) may be charged against the real property
and its owner.
A. Notice of costs. If the City incurs costs taking
abatement action required by this Section, a statement
shall be prepared for the entire cost plus the twenty-
five percent (25%) administrative costs, and shall be
mailed by Certified Mail, Return Receipt Requested, to
the property owner with instructions that said costs
for abatement shall be paid in full within thirty (30)
days of said mailing date. The statement shall also
inform the property owner that failure to pay the costs
for abatement within thirty (30) days shall result in
an additional penalty and an assessment being made
against the property, lot or premises upon which the
nuisance existed or from which the nuisance emanated
which shall constitute a lien to the benefit of the City
pursuant to the provisions of this Title.
B. Assessment of Costs. If the full amount of the
cost statement regarding nuisance abatement is not paid
within thirty (30) days of the statement mailing date,
the City Manager or his designee shall assess the entire
amount of the statement plus an additional twenty-five
percent (25%) penalty against the specified real property.
After assessment by the City Manager or his designee, a
copy shall be sent to owner of record of the assessed
property. The assessment shall contain a legal description
of the property, the expenses and costs incurred the date
that the abatement action occurred, and a notice that the
City claims a lien for the stipulated amount. The City
Manager or his designee shall certify such assessment to
the County Treasurer who shall collect such assessment in
the same manner as ad valorem taxes are collected.
C. Lien Assessment. From the date of the assessing
statement, all assessments shall constitute a perpetual
lien against the specified real property and shall have
priority over all liens excepting general tax liens and
prior special assessments. No delays, mistakes, errors or
irregularities in any act or proceeding authorized herein
shall prejudice or invalidate any final assessment; but
the same may be remedied by the City Manager or his designee,
as the case may require, upon application made by the
property owner or other interested person. When so remedied,
the same shall take effect as of the date of the original
assessment.

D. Other Remedies.
1. Any unpaid charge plus the costs and assessments
not resulting from action by the Englewood Municipal Court
shall constitute a debt due the City. The City Attorney shall,
at the direction of the City Council, institute civil suit
in the name of the City to recover such charges, costs and
assessments. These remedies shall be cumulative with all
other remedies, including prosecution in Municipal Court
for each violation of this Chapter pursuant to the provisions
and penalties established by E.M.C. 1-4-1.

No-one seems to like the idea of the little old lady getting bought out cheaply and sent to a nursing home. How often does this happen simply because her house is in the way? It churns in your gut, doesn't it? What if the City exercises this lien option now because the little old lady failed to mow her lawn one summer?

That's a hefty loss to herself as well as to her heirs. With an aging population in Englewood, the City will soon own many of the residential properties by default. A typical resident cannot afford to fund their own defense.

What if a resident is on a Christmas Holiday, or their spine spasms on the day of a snow storm? By Englewood Code, the walk must be shoveled within 12 hours of the storm.

11-3-2:E.M.C. Removal of Ice and Snow.
A. It shall be unlawful for any owner,
tenant, lessee or occupant of any lot,
block or parcel of real estate within the
City, or for any agent in charge of such
property, to allow any snow or ice to
accumulate or remain upon any sidewalk
contiguous to such property for longer
than twelve (12) hours from the time of
the last accretion of such snow or ice.

They call it “decriminalization,” but don't think for one minute that you're getting a good deal. The State of Colorado permits Home Rule Cities to act this way. But my question keeps poking around: Who is the criminal in this situation? Liens, for cutting grass? Under mechanic's lien theory, perhaps it is legal, but it feels queasy in my gut because there is no real or lasting value for the resident.

It feels like theft.
$$$$$$$$$$$$$$$$!!!!!!!!!!!!$$$$$$$$$$$$$$!!!!!!!!!!