Eye On Englewood

Link: http://englewoodstory.com

Perhaps Englewood, Colorado needs a Bill of Rights. There is nothing in the Englewood Charter or the City Ordinances or even the Municipal Court powers to protect the people. It is all wrapped up that the Executive branch, (Staff) the Legislative branch (Council) and the Judiciary (Court) protect the temporary powers, rather than the real residents and long term homeowners.

In a response from Carol Chamber's office of the Arapahoe County District Attorney determined that the word "may" found in the rules for how Englewood must operate determines the infinite leeway the City enjoys. It may, or it may not: completely within its discretion.

Everything in the City ordinances protects actions or omissions the City takes by the word, "may".

When it comes to ethical conflicts or the rights of the residents that employ this staff, the Charter and Code have determined that the residents have little to no opportunity to redress grievances, certainly no absolute right.

This issue can become a dramatic breech of trust between the City and a developer early on in the relationship between the parties given the following scenario.

Permit fees in the City are as arbitrary as they are indecent when a regular citizen who is in the dark as to contractor procedures applies for a permit or license with the City.

A Schedule of Fees associated with building permits in Englewood exists. However, Englewood records show it charged three times as much, a total of $2,990, ignoring the fee schedule which dictates a maximum of $999.00 for this structure's remodel fees.

The Building Department's reasoning? The structure's forecast appraisal totaled over $500,000 upon completion.

The project's owner complains, though, that they had already purchased the existing structure for $200.00 and only the appraised difference between the existing structure and the proposed structure should have been considered. It's a question of exact measurements, and the ability of the head clerk to add and subtract.

The city should have subtracted the present value of the home being incorporated into the final value.

Isn't this kind of public dealing called fraud? Getting something for nothing. Maybe it is only bad faith and unfair dealing.

In any case, there is no return of permit fees available in Englewood. Especially to those who actually rely on the law to defend themselves and make a scene. Especially then.

Some cities have incorporated a Developer's Bill of Rights. This idea protects developers as to vested interests in properties they have spent significant sums of time and money over.

But, what protects the actual constituency of Englewood voters? What holds the feet of their electorate representatives on Council to the fire?

A Bill of Rights would certainly do the trick. America's forefathers thought so, when they incorporated the Bill of Rights to the Constitution, and even the pilgrims to incorporating the state of Colorado believed the same so as to develop another famous Bill of Rights specific to Colorado. But, the Home Rule City of Englewood has kept all the power to themselves. And, yet, isn't this is the legal definition of "arbitrary power"?

Arbitrary power is the kind of political power that is based on whims of those temporarily in charge, apart from measurable, objective limitations of law, and the absolute right of redress.

In the 2009 November elections, the people of Englewood will be presented with an opportunity to even the weights of power on the scales of justice. They will be presented with an opportunity to enact a Bill of Rights and their own form of personal homeowner immunity for groundless or malicious acts of the City of Englewood against them.

It will paint a significant stroke to a beautiful sunrise in Englewood's currently repressed horizon.

Link: http://www.englewoodcitizens.org/

Say a contractor speaks to the building supervisor about a property he wishes to buy and divide. The rule states that he must have at least 60 square foot of frontage, and he only has 55.

He asks for a variance, and the City makes an off-the-cuff decision and gives it to him.

He purchases the property and demolishes the existing house and then applies his funds to architectural design and building permits. If the building permits are stamped “approved”. He is a vested holder of property rights.

A neighbor gets wind of his design and makes a stink. Too many town homes in his single-family neighborhood may affect his resale values.

The case goes to appeals, and the appeals committee determines that the Community Development Director, Alan White, made the variance decision erroneously.

The Appeals Committee fails to determine when the contractor's rights became vested. The question never comes up. Boo-hoo for the owner-contractor.

Nobody seems to understand the concept of property rights. It seems to be vote of the masses by neighborhood opinion in this home-owner-association-less hood. This is a fantastic example of democracy at work without law.

It seems in Englewood, the neighbors themselves have as much say in how the owner, who pays the purchase price, obtains a deed dictating: “to have and to hold in peaceful possession” and invests in the building project himself has. Why would anyone ever want to buy a City property with so few rights surviving?

It seems the deed that warrants, “to have and to hold, in peaceable possession” are just lines on a page.

The contractor, not only did not understand what happened to him, although he was fighting mad, but the neighbors have no sense of their own rights. Next time, it could be them.