Eye On Englewood

Link: http://www.englewoodcitizens.org

Many government offices, including schools, are urging "No" on 101. Why?

In essence, Proposition 101 would move state motor vehicle registration fees back to 1919 levels, reduce or eliminate taxes on vehicle purchases and rentals over the next four years. 101 would also reduce the state income tax rate from 4.63 percent to 4.5 percent in 2011 and then to 3.5 percent gradually over time. It would put money back into the pockets of taxpayers. And, finally 101 would required your vote to create or increase fees on vehicles and telecommunication services in the future, so your cell-phone, internet and television fees would not go up without an official vote.

If you are against inflation and high salaries for government servants, you should vote yes to 101. If you feel out of control financially because of crazy fees, fines and taxes on basic services, stop letting them take bites out of you.

The government says this proposition is confusing and ambiguous. But, the blue book analysis of the bill is concise. It assures us the impact is expected to be $2.9 billion in today's dollars, ($1.9 billion in state reductions and $1 billion in local government reductions).

Additionally, the bill puts control and choice back into your vote. We all know that government has ways of relaxing any restriction placed on it; we've seen it with TABOR. But at least, this measure compels public servants to ask you first before taking a raise, before seeing your utility bill and phone bill skyrocket when you relied on the two year provider contract. I've never been one to like strangers having a monopoly on my budget decisions.

Government is trying to guilt you into voting no to 101. Because a very small percentage of the fees we pay for telecommunications are federally required to subsidize low income, or the blind, deaf or speech impaired, these fees will likely be paid out of another source of taxation or government funding. Government is not concerned about charity nearly as much as it is about the portions of these fees that line government salaries. You don't have to feel frightened for the underprivileged.

I value my opinion, as you may have noticed in this blog. I would like to keep my personal voice when it comes to taxation and spending.

But, perhaps you like taxation and spending more than I do. Well, good news! 101 does not take away your opportunity to contribute to government as much as you like. It merely gives you a choice in the future when you find that your district representatives do not represent your interests.

Some of my good friends are campaigning for all their worth against 101 saying that it will bankrupt schools. Don't ya just resent fear mongering? What I love about 101 is that K-12 will get the state funding these grades deserve. It will merely force the C.F.O. (Presidents) of Colleges to do their jobs and raise private funding rather than depleting all the State money that should be going to our kids' basic education. It will put genuine competition back into play amongst the Universities. Grades and character will again matter. The market will matter. After all, colleges are private business all too long having masqueraded as "government".

In conclusion, I would urge all those who do not care whether their votes are heard later, to refrain from voting on this bill now. If you insist on being heard on this bill 101 now, I challenge you to continue the right to be heard, and vote yes as an investment... towards your own voice, your own control, down the road.

Link: http://englewoodcitizens.org/

Citizens' canons appeared on the hillside at the public budget hearing Monday evening, September 20, 2010. The House was filled with various groups of disgruntled citizens who applauded loudly for each other's fiscal observations and causes. Click link items 7 and 10 to hear these 25 various presentations. City Manager Sears went red in the face and stayed that way for much of the meeting. Bob McCaslin engaged one group near the end and argued publicly out of turn with them from his seat to the back row. Although the City's policy since Mayor Bradshaw was in office has been that Council members do not respond to Citizens' comments until "their choice" at the end of a council meeting, Mayor Woodward defended himself out of turn.

Citizens waited to the last hour to hear any responses to their concerns. And, council members falsely placated their issues. I believe Council's attitude is that they are special, and thus they do not need to listen, or respond to Englewood representatives who make the effort to come out.

Council then denied both Jefferson's move to amend Council Bill 32, to take a formal stance against "urging" citizens to vote against Amendments 60, 61 and 101. These amendments are carefully engineered to employ an entirely new system of funding Colorado's economic priorities. Colorado's ballot initiatives 60, 61 and 101 place fund raising for higher education back in the private sector of friends of the Universities. Raising funds are what C.F.O.'s and presidents of Universities are hired to do.

But, kindergarten through grade 12 basic education will be guaranteed the funding education deserves from the State of Colorado. This funding has typically been diverted to legislators' pet projects such as the development of Lowery's subdivision, R.T.D., sports stadiums and East Colfax...all of which should have been funded privately.

Jefferson and Gillit argued it is not the position of a non-profit government agency to tell the Citizens how to vote on money systems. Jill Wilson then moved out of turn saying, "I don't care. I move to vote on the bill right away, without the amendment." Her motion was shut down however, because Jefferson's amendment was already on the floor. Yet, Council voted down the amendment to Englewood Bill 32, and then voted to approve Bill 32 as originally proposed "urging" citizens to vote against Amendments 60, 61, and 101 just because they say so.

Isn't it special that Englewood Council members completely miss it, that anything they take a formal stance on while abusing the voices of their constituency will be automatically seen as suspect? We might as well chalk up the entire voting populous of Englewood in favor of Amendments 60, 61, and 101.

When these Amendments win in Colorado, an entirely new economic system, guarantying state funding for schools together with lowering mill levies (taxes) from 7% to 3.5% on your home owner's mortgage will put smiles on faces everywhere. Everywhere, except City Council.

It was the late August study session, topic: fiscal emergency, where District 4 Council member Gillit suggested that the paid stipend of Council is not the real reason council members serve the City, (being only $600 per month). He wondered if council members would be willing to sacrifice their stipends until the City's finances were corrected.

Oh, the reciprocal uproar!

No-one felt the condition of public welfare warranted a personal sacrifice. Councilman at large, Bob McCaslin, summarized council's consensus denying Mr. Gillit's suggestion, when he shouted, "I deserve this money and much more, too!"

Yet, Englewood Council continues to give money to charities, spend weekly for catering their own food for meetings, they include hefty salaries of two City Managers in the budget year after year, and refuse to settle legal disputes with citizens in an amicable way prior to engaging in the big bucks of trial.

Englewood's City Council voices are special indeed. Just as special as the wind from the inside of an old bagpipe.

Link: http://www.englewoodcitizen.com/

Announcing the 2011 Englewood Budget Hearing. Monday, September 20, at 7:30 pm, Floor 2, Englewood Civic Center.

Please Take Notice: City Council will actually release the proposed budget the week after the hearing, on September 25, 2010...strangely backwards, but oh well. You can still register your general ideas, strategies, complaints and priorities this Monday at the hearing.

Note that it is the City's lawful duty by City Charter as well as the Colorado Constitution, article XX and the Colorado Revised Statutes §§29-20-101, 205, 24-65.1-101, et seq., 30-28-101, et seq., 30-28-201, et seq., or 24-32-111 to provide full and complete services to roadways, parks, fire, utilities, courts and police enforcement. Englewood is not permitted to cut these services by law. You can rely on your payments for these services through your taxes, because the government must fulfill their duties. It is the City's duty "to provide for the peace, welfare and safety" of your neighborhoods and your well being.

Do you find it okay that Manager Sears has proposed cutting the fire marshal position after the current fire marshal retires this year? Do you think that cutting city services is your sacrificial duty during a bad economy? Chief Vandermee of the Police Force is also retiring in May and another officer is leaving on his own accord. The City is not planning to replace these services for you next year, cutting services you will need and have grown used to.

It has been suggested that the City Manager's office itself is top heavy in the budget. Englewood recently compared itself to Northglenn, Colorado, a similar sized populous, but I've checked the figures and this is what I found:

Northglenn published a 2010 fiscal report, showing the total personnel expenditures for the city manger's office budgeted was $343,482 with a Full Time Employee (FTE) count of 4 people. The City of Englewood's 2010 budget, page 68, indicated personal expenditures of $591,340 and an FTE count of 5. The City of Englewood has one more employee, and a difference in personal costs of $247,858!

Total Expenditures for the Northglenn City Manager's office is $614,151, whereas the City of Englewood is $668,633.

Also note that the City of Northglenn has decreased its City Manager's staff/FTE by 3 people since the 2008 economic crunch, whereas the City of Englewood has decreased their City Manager's staff by .38(about half of a part-time position) since 2008. Englewood employs Gary Sears at $169,540, City Assistant Mike Flarity at $134, 410, Executive Assistant Sue Carlton Smith at $61,145, and Communications Coordinator LeAnn Hoffines at $61,046. And, don't forget that 42% of a part-time employee. These figures do not include cars, expensive seminars, gas or healthcare bennies. The price of all those extras to the citizens of Englewood costs even more. Nice...

Sure seems like some of these people could afford the hit that most of Englewood has already taken in their jobs. The City of Northglenn does not employ an assistant for every job. Why does Englewood? Perhaps because the head of Englewood has been moonlighting by teaching courses at the University of Denver, and playing golf on City time. Now, Manager Sears is proposing the City cut your services to you. This is the opposite strategy that Northglenn has taken.

Your "City’ Manager’s duty shall require the faithful performance of all administrative duties." The City Manager's duties and powers are enumerated in Sections 1-6A-2 and 1-6A-3 of Englewood's Muncipal Code, as well as the Englewood Home Rule Charter. Section 1-6A-1:E.M.C. (Code 1985, § 1-6A-1)

City Manager Powers.

C. Investigate;
D. Overrule Officials;
E. Delegate Duties;
F. Appoint Administrative Committees; and
G. The City Manager shall have all other powers necessary to perform any duty or responsibility conferred upon him/her by Charter or ordinance. Section 1-6A-3: E.M.C. (Code 1985, § 1-6A-3)

Mayor Woodward said last month that he used to call himself a fiscal conservative, but now he just calls himself fiscally responsible. Is this a joke? Especially in light of last week's Emergency declaration regarding Englewood's finances. A month ago, Mayor said he hadn't yet seen the "trip point." (that line in the available inventory that says an emergency is warranted). Two weeks later the "trip point" apparently arrived.

Last year at the public debates between candidates, Mayor Woodward stated the city has a "policy" not to go below 10% in its reserves. The policies that the Mayor enforces against its citizens are considered law with fines and jail associated for violation of them. Apparently,the Mayor is held to a different standard and sits comfortably above the law when subverting this policy of the City's important financial reserves.

Still, Mayor Woodward says he isn't one to micro-manage the budget so long as the Rec Center does not run out of toilet paper. He may be covering his own butt on this one. Seriously, go out and represent your higher perspective.

If you cannot make the budget hearing, please be sure to contact you district representative with your thoughts. District 4 Representative Rick Gillit and District 1 Representative Joe Jefferson are both actively involved with listening to their constituents.

Link: http://www.EyeOnEnglewood.com

A Halloween yard decoration witch crackles at my knees. “It only takes a few little beggars to spoil the stew!"… I am meeting up with Matt Crabtree on his early morning campaign rounds in Englewood.

“So Matt, with only seven percent of the vote in at Nancy Doty’s office, I thought I’d track you through the leaves and see what good you might offer for the people of Englewood.”

Matthew Crabtree’s open face begins to shine in the chilly open morning sun.

“I hope I can bring some.” He nods and smiles.

“What have people been saying to you on the campaign trail?”

“Well, it’s definitely been interesting,” he admits. “I put my contact number on my door hangers during the very first weekend, I got some hate calls where people would say to me, ‘I know you’re a right-wing conspiracy nut and I hope you lose!’ Then, they would hang up anonymously without even given me a chance to respond. That was unnerving.”

“Are you a right-wing… whatever nut?” I ask.

“No.” He says emphatically. “Actually, if you look at the political parties, I align with my opponent, Woodward, but political parties should not be the issue in a municipal election. Non-partisanship input should be heard on the issues.”

“Okay, let’s start with the only issue Englewood put on the ballot this election. Term issues. Isn’t City Council hoping for a third term? If you get in, wouldn’t that issue also work to your advantage?”

“I was sitting in the audience the night the City voted to add that to the ballot. I almost laughed when I saw the Council vote yes on it. Personally, I believe that adding another four years to their terms is just a third-world prank of dictators.”

“Wow. Third world? Why?”

“Well, it doesn’t help any political geography when there is no change over. Our country’s presidents don’t even get any more than two terms in office. It only reflects our Council’s small-minded attempt to maintain control. So no, even for my benefit. I just don’t believe a third term is a good idea.”

“You’ve done well for being the underdog, Matt. I certainly see a lot of your signs all over, Matt, and I saw your bio in the Englewood Citizen. It looked authentic and focused. Good for you. Anything you wish to add to that?”

“Well, I think all three of us, Rick Gillit, Doug Cohn, and myself are running on similar issues. And we need to get all three of us into Council to make the change over.

“Accessible government, will re-instill trust. A cut in budget spending in the right areas will bring about true value for taxes. I want to bring in more businesses to Englewood and work with people to achieve a better community.”

“Right now the Council has sat on their hands too long. They put requests from residents and businesses into a holding pattern.

“None of them have received any training from the City on the code, or how their roles interact with Colorado law. They have no idea how to research their own code or come up with creative and timely direction, so everyone suffers.

“It’s one thing not to require legal knowledge when you get elected. It’s just not acceptable to continue in that ignorance year after year. They have a job to do. It’s not just a social board. We can’t afford to have them remain ignorant year after year.”

“Hey, must be trick-or-treat in Englewood!” I laugh.

Matt clears his throat. “I’ve watched people actually cry in front of Council, begging for relief, and Council sits there enjoying the power they hold over them. That’s their response. The Mayor did not even know his own job description two months ago when a resident was asking for relief. The City Attorney had to cut into the Mayor’s response, and correct him… ouch!”

I agree. A Mayor should know his City code and his own job description. But, my feet are beginning to hurt and Matt still has ground to cover, so I ask, “Anything else?”

“Well, I think it’s backwards for Englewood to cut out the people’s parades, theater events, social items like fireworks, festivals and concerts as a means to cutting the budget.

“Those kinds of events create community. Great signage creates an interesting community. Community creates tax revenues. I want to be pro-active, not a small-minded micro-manager of someone else’s business.

I say, “Oh, did you hear that Mayor Woodward has some flyer out there telling people to call him before they vote for Matthew Crabtree?”

“Ha-ha, Yes I did. Someone I know in District One took him up on that offer, and called. ‘You know what Jim said?… He said the Appellate Court had overstepped its authority in Englewood and that is why Englewood lost the signage war on Broadway!”

“You gotta be kidding.”

“No. I’m not. City Council, in my way of thinking, should be servants of the law. Not the other way around. The present Council thinks they can do anything they want just because they are “Home Rule".

“I actually believe the Constitution is still alive, that Colorado statutes regulate Home Rule and that Englewood’s City Charter holds the limits for our code. If our codes come up against those laws, then they are wrong, and I hope to lighten up the load legally on our businesses and residents when I’m on council.

“Well, I hear you are making friends on the campaign trail. Keep going to those neighborhood parties and just enjoy the process buddy. I gotta go to work.”

Matt shakes my hand firmly. “Me too.” And shouts at my back, “Have a happy Halloween, Bill!”

Link: http://www.EyeOnEnglewood.com

John Moore, District 2 Council Representative in Englewood, cut off Candidate, Rick Gillit's presentation this past Monday during his presentation to City Council regarding John Moore’s flip-flop routine on a variety of subjects. John stated that Mr. Gillit’s 5 minutes were up, and that he would respond later in the evening to Mr. Gillit’s “campaign tactics”.

Mr. Gillit complied immediately, though his humiliation was felt by the tense audience. Mr. Gillit did however rebut the glib insinuation that his interest in civil ethics was merely a campaign gimmick. After all, Rick Gillit has been representing the people of Englewood and their concerns with this Council’s unethical practices in budget, code irregularities, open meetings issues and real estate grandfather problems for well over a year.

Suddenly, since he has declared himself as a District 4 Candidate for Change, Mr. Gillit is being shut down or threatened by the City bouncer. A police officer standing by is ready to physically remove any resident who does not finish his or her presentation in the time allotted, and ousted from the Council Room and charged with “Disrupting a Lawful Assembly.”

When Rick Gillit was asked how he felt about John Moore's political strong arming, he responded, "John Moore accused me of using Campaign Tactics. Too funny. I have been presenting for two years and been a candidate for over a year but now he accuses me of using campaign tactics".

The problem with threats and rancor from Council is that no-where does the City Charter or City Ordinances mandate that a citizen who appears to present an issue must be limited to 5 or even 10 minutes. These times are arbitrary and are utilized by Council to Intimidate and Abuse (in the criminal sense) those who express disapproval.

Colorado Revised Statute 18-9-108 defines “Disrupting a Lawful Assembly” this way. “A person commits disrupting lawful assembly if, intending to prevent or disrupt any lawful meeting, procession, or gathering, he significantly obstructs or interferes with the meeting, procession, or gathering by physical action, verbal utterance, or any other means.”

In other words, intent to prevent or disrupt a lawful meeting is a required element of the offense. Even if Mr. Gillit had engaged in some kind of campaign tactic, this is not a lawful reason for Mr. Moore to shut him off and close down his presentation so rudely.

In other situations, this same Council has permitted a group of presenters who were unsure of what to say to stand up and give their allotted time over to one teacher, Pearl Street resident Gregg Alan-Pickett, who was used to giving professional presentations. Council allowed Mr. Pickett to present slander against law abiding residents of different color, race and religion, why? (May 5, 2008 minutes) Because he was serving the Council’s particular end to outlaw “Poets’ Rest” a private residence for students in Englewood.

When it came time for rebuttal, however, Mayor Woodward chose to utilize undue influence and interrupt and shut down a foreign student's presentation who resided in the home and stood for Poets’ Rest, why? (September 2, 2008 minutes) Because he was opposed to Council’s intent to remove the residence.

Process is important when reviewing the facts, and hearing out the full concern of a resident is the only fair thing to do. Will the November 2009 Elections in the City of Englewood may be able to unseat the rancor of power that has existed of late?

A candidate who has exercised his own private investigations into facts of the issues might prove to be a dependable alternative to the status quo. Elect Rick Gillit. Electric Gillit!

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

la,lah...Always turns out this way....

While listening to the minutes on the http://www.englewoodcitizens.org/ site, the McCaslin charade about championing the new cat leash law for resident's wayward domestics had me in a fit of tears. Bob's Comments How can the man take himself seriously? Is McCaslin going to run on this Cats-On-Leashes platform?

Then came the discussion on picking up strays and neutering or spading them and letting them go back to their neighborhoods after. "Because of course, they have their purposes catching rodents"... Was that Wayne Oakley?

Jefferson demurred that he was "only concerned about the humane effects of the traps." Jefferson's comments.

Cats are like people in that they cannot reproduce to catch rodents if you sterilize them all...crazy little fact of nature. Is Englewood on a hidden mission to eliminate cats? The nature of cats and dogs are different, is that too obvious to mention?

But, it could be a value for dollar to take your cat's collar off and let the city sterilize it for you. Or, perhaps you are a concerned citizen who believes this secret sterilization is a bizarre budgetary line item in the City's policy expenditures.

After this, Matt Crabtree addressed Council with concerns about the enormity of funds given to Community Development.

Mayor Woodward replied (during Mayor's choice at the end of the meeting) that he is offended that he has to explain himself, and is getting impatient with his feet being held to the fire. I found his comments a little catty. Perhaps he hadn't realized that by this time, Council had switched subjects.

It occurred to me how much better Englewood City Council is for weekend entertainment than any other vice out there. Well, maybe you'd best get a few beers before you sit down.

Because then came District 4's candidate for change, Rick Gillet's, articulate complaint regarding Council Woman Jill Wilson's double duty as a member of the Code Enforcement Advisory Committee as an ethical conflict
1) for taking a seat that a citizen might better serve on,
2) for using undue influence and her power as a City Council woman with inside information flowing both directions,
3) for the public perception of undue influence.

Responding to Mr. Gillet, Mayor Woodward and Councilman Oakley, each stated that yes, they could see how there might possibly be a conflict, but he and Oakley were hesitant to deprive Councilwoman Wilson from her seat as she is their friend and associate and they believe the best of her. Oakley specifically stated that he believed undue influence was not the same thing as abuse of power. After all, Wilson only gets the same singular vote as the next volunteer board member.

What they failed to address was the fact that Council's interests in reporting on citizens for code enforcement (I)nformation or action by way of (S)ervice has trebled in 2008 compared to the 2007 record of Council Requests, and it has doubled in 2009.

The facts show that Wilson's influence has indeed grown in both directions, not only her opinions to the Code Enforcement Advisory Committee, but also directed from the militant power of Counsel against specific addresses and named residents.

When she asked City Attorney, Dan Brotzman, whether she could ethically vote for herself, he advised her that she could do so as long as she didn't believe she would be gaining anything economically from her vote for herself.

Thankfully, Rick Gillet is a candidate for District 4, up for election this November, because he has the courage to go to bat for a more accessible government in Englewood and are up for November Election. When it came down to a vote of the present City Council, Jill was still sitting on both Council and Code Enforcement. Council discussion and vote.

When I reviewed the 16 pages of Council's Requested Actions from 2007 onward, I realized that this Council has not been interested in drug abuse in the City, home foreclosures, increasing services or benefits to the public, or working on creative avenues to fill the storefronts.

Page after page is filled with hundreds of line items of Council members reporting on Citizens for Code Enforcement issues and requesting legal or police action. Perhaps your address is on this list?

As to finances, there is no special line item budget investigation requested, nor is there a request for background on any special funding or increase in staff salaries.

No-one on City Council asked for legal or civil investigation on the boarding house issue they enacted the new statute and ungrandfathered the current law abiding residents according to whim in 2008, nor did they investigate ways to resurrect the Englewood Parade.

Council did succeed in making residents so angry that on 2/11/08, Council requested information about how to provide security for their own council meetings.

On 3/24/08 McCaslin proposed a (S)ervice to "fine citizens without Court appearances," deeming them "Code Violators" without being given a chance to plead and defend themselves, to have a trier of facts in a fair trial. Bob, it is called the right to face your accusers. It is called "due process."

On 04/07/08 Wilson requests (S)ervice on EEF/EMRF Ordinances.

Recently Council members even requested and voted into approval a designated Code Enforcement person to attend to all of their personal complaints, including evenings and weekends.

On Monday evening, Council brought forward their "bucket" for holding new names on their power trip lists. They voted to extend their term limits from two years to three. Now, in November elections, Citizens get to vote on 12 full years of this Council's personal vendettas against them. By that time, they will hold a very full bucket indeed.

Council Member Bob McCaslin provided a motion for Council Bill No. 30, a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood at the next regularly scheduled municipal election a proposed amendment to Article III, Section 22, “Terms,” of the Englewood Home Rule Charter.

Council Bill no. 30 is a measure to extend the term limits of each council member from 2 terms to 3 terms. This measure was brought forward originally during a Study Session by Bob McCaslin on January 26th.

Are you on City Council's list? Did you get a surprise visit from a Police Officer on or about the 4th of July to warn you not to set off fireworks in the City this year simply because you were on their list from last year? Dum, da da dummmm.

Link: http://englewoodcitizens.org/

Nuisance, (through Fr. noisance, nuisance, from Lat. nocere, to hurt) is a common law tort. It means that which causes offense, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance is defined by Englewood Municipal Code.

15-1-1:E.M.C. Applicability and Definitions.
A. The abatement of nuisances in the City of Englewood is hereby declared to be of local concern. It is the duty of all responsible parties including persons, property owners, firms, corporations, occupants, lessees, or any agents or representatives of the record owner or owners, to maintain property within the boundaries of the City of Englewood so as not to cause or maintain an act or condition which endangers the public health, safety or welfare or results in annoyance or discomfort to the public or damage to any property or injury to any person.

Wikipedia says, "Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded case law. Nuisance signifies that the 'right of quiet enjoyment' is being disrupted to such a degree that a tort is being committed."

When neighbors squabble over nothing, depleting another's right to quiet enjoyment of their land, they risk being taken to civil court for the tort of nuisance. Who wants to be labeled that for the rest of their life? Maybe the devils in Tazmania, but not in Englewood.

15-2-1:E.M.C. Nuisance Prohibited.
A. It shall be unlawful for any person to commit or do any act constituting a nuisance.
B. It shall be unlawful for any person to create, continue or suffer the existence of any nuisance on any property under his control.

Although the City Manager maintains the duty and power to abate a nuisance, someone else's nuisance is not really his first priority. He sits above a private neighbor's hell, untouchable.

15-3-1:E.M.C. The City Manager's Power to Abate a Nuisance in Case of an Emergency.
The City Manager is hereby authorized to immediately abate or enjoin any nuisance existing in the City without following the procedures of this Chapter in the case of an emergency, whether or not such nuisance is specifically recognized by this Title.

There is also a City procedure form abating non-emergency nuisances.

15-3-2:E.M.C. Administrative Abatement Procedure in Non-Emergency Situations.
If, after inspecting the property on which a nuisance is reported, the enforcement personnel who are charged or designated by the City Manager with investigating nuisances declare the existence of a nuisance, the following procedures shall be followed.
A. Photographs and/or videotapes and written reports and findings shall be generated.
B. The responsible party or parties shall be determined.
C. The Code Enforcement Officer(s) shall have the discretion to informally abate the nuisance by speaking with the responsible party. In the event that the informal proceedings fail to abate the nuisance within the seven (7) days or three (3) days in the case of graffiti the Code Enforcement Officer may, at his/her discretion, issue a summons and complaint to the responsible party or shall issue a notice pursuant to E.M.C. 15-3-2(D).
D. If the nuisance has not been abated by the informal process or a summons and complaint has not been issued at the conclusion of the seven (7) days or three (3) days in the case of graffiti set forth in E.M.C. 15-3-2(C), a written notice in essentially the form set forth in E.M.C. 15-3-3 of this Chapter shall be served upon the responsible party by personal service or by leaving a copy of the notice at the usual place of residence or business of such owner, responsible party shown by the records contained in the County Clerk and Recorder's Office or in the County Tax Assessor's Office, or by mailing a copy of the written notice to such responsible party at such place or address by United States mail, certified return receipt. If service of such written notice is unable to be perfected by any methods described above, the enforcement personnel shall cause a copy of the notice to be published in a newspaper of general circulation in the City, once a week for two (2) consecutive weeks, or by publishing on the City's official website, or by posting the notice on the property.
E. The notice shall state clearly and concisely the findings of the enforcement personnel with respect to the existence of the nuisance, and the section of the City ordinance(s) that have been violated.
F. The notice shall also state that unless the responsible party shall cause the abatement of the nuisance pursuant to the notice and this Code, the City may abate the nuisance at the expense of the responsible party or may issue a criminal summons and complaint or both.

Finally, there is the option of municipal court. But a Citizen cannot avail themselves of a Citizen's complaint in Englewood's Municipal Court. Head Judge Attencio has specifically and arduously declined to hear a common citizen or to intervene in a neighborhood nuisance complaint.

15-4-1: E.M.C. Judicial Abatement of Nuisances.
A. In addition to all other remedies provided by law, including those specified and set forth in E.M.C. 1-4-1, the Englewood Municipal Court may, upon a finding that a nuisance exists, issue an order enjoining the nuisance, authorizing its repair, restraint, removal, termination or abatement.
B. A responsible party found by the court to have caused a nuisance or allowed the nuisance to be caused or to be continued shall be liable for all costs incurred by the City to abate said nuisance. Such costs may be collected by the City pursuant to Municipal Court order, in a civil action or assessed as a lien against any property on which the abatement was performed as specified in E.M.C. 15-3-7.
C. Prima Facia Evidence. The issuance of three (3) or more notices of violation of this Title shall be prima facie evidence that the responsible party deliberately and wilfully violated this Title and may be punished within the discretion of the court as provided in E.M.C. 1-4-1. This remedy shall be cumulative with all other remedies.

What option does a resident being harassed by nuisential neighbors have? There is the option of a "No Trespass" sign, and the possibility of criminal prosecution for trespass.

7-6F-2:E.M.C. Trespass.
A. It shall be unlawful for any person to enter or remain upon the lands or property of another knowing that the consent to enter or remain is absent, denied or withdrawn by the owner or the person having lawful possession thereof, or any agent of such owner or possessor; provided, that this Section shall not apply to any reasonable entry seeking information or emergency shelter.
B. It shall be unlawful for any person to enter or remain upon the lands, property or vehicle parking areas owned, operated or controlled by any other person, business or merchant when the activity thereat is closed, not operating, nor serving the public and consent to enter or remain upon such lands, property or vehicle parking areas has been denied or withdrawn by a person having authority to do so.
C. Notice posted in the window of the businesses', merchant's or person's building or otherwise upon the property is prima facie evidence that consent to enter or remain is absent and has been denied or withdrawn.

Though in Englewood, getting the judge to hear your complaint is another matter. It seems the government of Englewood plays sport, and quite enjoys the obvious outcome of every offensive move. They can accurately calculate the odds. They will always win.

Link: http://EyeOnEnglewood.com

Why should Englewood prohibit the City from prosecuting any definition of household?

Moral issues are taken care of in the criminal codes of the State and City. Being unrelated and sharing a house, is not in itself worthy of prosecution, but in Englewood, the violation of the City's definition of Household is prima facie evidence of a crime.

Rick Gillit, running for District 4 in the November election, says he believes the term, "'Single Family Residence' is purely a real estate term, and means there is one residence per address. It does not extend to the definition that Englewood currently attaches to 'single family residence' meaning that not more than one unrelated person can live under the same roof."

Since his wife was raised in a home that took in families of patients of Craig Hospital, Gillit may be sensitive to the humanitarian side that some boarding houses offer. But, Englewood has ungrandfathered all pre-existing residences that house more than 1 unrelated person under the same roof.

It is clear that Community Development and Planning and Zoning both have limitations as to implementing codes against existing or grandfathered codes, and are relegated in their duties to forecasting development, plan for the future, and not criminalize the pre-existing.

The Department of Regulatory Agencies (D.O.R.A.) agrees. Their jurisdiction is limited to agencies of the State, not residences. Yet, these departments are the ones prosecuting residents for their choice of who shares their home. Isn't this a privacy issue?

In Gillit's opinion, these departments should not interfere inside a home with whether people are closely related enough to share the residence.

Last July, Planning and Zoning Commission members were asked to amend the code so that City could prosecute a single family in the City Manager's neighborhood. Commission Chair Bleile opposed the tactic as devious. Two other Commission members sided with him, but they ended up the minority and the City Manager Sears achieved his end. The case is scheduled for Court, June 4 and 5, 2009.

In the past five years, the City's habit has been to threaten people reported as violating the definition of household with 7-day or 14-day Notices to Comply. But, when it comes down to the prosecution of such a household, the City staff find themselves asking strange questions of City Manager Sears and Attorneys Brotzman and Reid, "How do we figure the unrelated number 2 again?"

Notice, it is not an issue of knowing how to count 1,2,3,4, or asking the City's accountant. It is rather a question of personal relationships. Does the City have the right to determine your relationships?

Says a widowed father in law who wants to move in with his daughter, "Can they kick me outa' here just because my daughter happens to have a spouse with a son she has not officially adopted? I mean, add me into the mix...ya know? Maybe I shouldn't have sold my place."

Good question. In Alaska, the town actually began to prosecute a family such as this, except the ACLU stepped in. In 2008 Englewood's City Council members McCaslin and Penn promoted not only Englewood's narrow definition of household, but also got personally involved promoting the prosecution and intimidation of moral households who happen to share a home unrelated.

Englewood isn't so afraid of the ACLU, because it has your tax money to fight extended court battles totally in the millions of dollars. Their salaries get paid for looking busy, so why not?

But after all the litigation Englewood has engaged in during the past year, a severe budget cut is occurring of up to 15% to parks and salaries.

But, what if a child has had a name change to resemble that of her family's surname, yet, in fact she has not been adopted. What about x-spouses not quite out of the home? Any why should foster children have more legal rights than your own father-in-law and step child?

This election could stop the intrusion of government into private relationships by voting new blood like Broker Rick Gillit to City Council. Keep Council out of your homes.