Eye On Englewood

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.

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.