Eye On Englewood

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://englewoodstory.com

I will go so far as to say this: Everything in a City is grandfathered unless the City is able to prove some license to regulate it.

O, Where O Where doth such a license cometh from?

In Colorado municipalities, they come from Colorado Revised Statutes Title 31, Municipal Governments, michies Colorado free legal which limits powers and are given further boundaries through none other than the Supreme Law of the Land, our great United States Constitution.

These laws clearly state that someone's power, presumed authority or "will" cannot legally over-power or control what rights the law has handed to me already. The mass lynchings are illegal because they are not founded in deference, self-respect or law.

It doesn't matter how much sweaty fervor is passionately invoked or what kind of bribe or slander occurs, if it ain't founded in law, it ain't no good.

Last week in the Englewood Council meeting when Bob McCaslin accidentally, or perhaps conveniently left out of the pre-written invocation, "Help us not to control..." I had to chuckle. Well, it just escaped. I didn't mean to be irreverent. But "arbitrary control" is exactly what this Council loves to do to this fair city by their own elected whims.

But just because they are elected and it is hard to get them unseated, doesn't mean that they have legal rights to presume license over all aspects of residential home lives.

Last week at Council, John Moore played the roll of Mayor and controlled the discussion on Hard Pavements himself. He kept wanting to know what would be "grandfathered" as if Council can simply ignore the City Ordinances and Savings Clauses and has utter authority over the private homes as well as licensed businesses. Near the end of the discussion Moore says, "So what are we choosing to grandfather then? Only gravel?"

Stand Up, people! Where is the Council's license to tell you where or how you can park on your own property?

Once an idea gets passed legislatively, then the full burden of proof rests on one defendant's shoulders, inconveniently cited and hauled to the Judge, to prove that the legislation is unfounded. Since it is the legal duty of the municipal judge to presume the law is reasonable, this individual must have a very strong mind with plenty of time available to find out where the missing links are and present them to the Judge or jury accordingly. If he doesn't have these resources, the illegal law can be established judicially, and then it is almost impossible to over-rule.

So the old maxim stands that all it takes for evil to win is for good men to do nothing.

If you choose not to trust your gut, or defend your right to serve, your right of easement, your immunities, your right to real estate, then you forfeit not only the right, but also the law that governs the right. And if you forfeit the law, you betray your fellow man who depends on that same law.

I was trying to stay one step ahead of myself but now I walk on my hands and don’t look back...

"Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal [118 U.S. 374] hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution. This principle of interpretation has been sanctioned by this court in Henderson v. Mayor of New York, 92 U.S. 259; Chy Lung v. Freeman, 92 U.S. 275; Ex parte Virginia, 100 U.S. 339; Neal v. Delaware, 103 U.S. 370, and Soon Hing v. Crowley, 113 U.S. 703. Soon Hing v. Crowley, 113 U.S. 703." See, Yick Wo v. Yick Wo v. Hopkins
Submitted April 14, 1886, Decided May 10, 1886,118 U.S. 356.
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES
FOR THE DISTRICT OF CALIFORNIA

How do we know what rights we have fundamentally? Consider the Privileges or Immunities clause of the US Constitution. One author has then suggested normal people go to the laws of the District of Columbia to see what's fair there. Another suggests that whatever is fair in all the states is fair in your state.

"It is accordingly enacted by § 1977 of the Revised Statutes, that all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other." (See Above, Yick Wo)

I was really scared that Yick Wo, the laundry proprietor, would only protect those narrow civil rights laws specifically written, but when I went to read that case it was as clear as the blue Colorado skies that everyone in America has the right to make and enforce contracts, to sue, to be parties, to give evidence and to enjoy the full benefit and duties of all laws and policies and access to government and court, and to remain secure in their persons and property.

Neighbors must work hard to subdue your greed, subdue your bias, and subdue being lazy entitled ingrates. Seriously!

Whatever gets sold out for some selfish or shady benefit today, will come back to bite not only you and your white Englewood neighbors and your white grandchildren, but me and my household too because the rest of us have rights only equal to yours, and then your rights are only equal to mine. You need to stand up like responsible, dutiful adults now. I don't want to take the water slide down with you.

W

Link: http://www.EnglewoodCitizens.org

If you receive a City paper called "The Englewood Citizen" you might discover a high-lighted portion at the bottom of page 2, May/June 2009, announcing that the City Council has made their meetings available on their website.

Funny thing, a grass roots group calling themselves Englewood Citizens for Open Government (ECOG) has been recording and uploading these meetings for several months now, pressuring City Council to be more transparent, approachable, accessible and accountable to their constituency.

After City Council discussed whether they would continue to allow ECOG to record and publish their meetings, and finding no way out of it short of criminal liability, they decided to join the parade and outdo ECOG.

After all, an official City website is going to accumulate more hits than an unknown grass roots group, right?

Matthew Crabtree, concerned citizen, must be given the credit for his endurance of four hour long city meetings, and his fortitude in pilgrimaging the recordings of conscious. He has continued to upgrade his services to the public of Englewood.

Mr. Crabtree reports that he has started clarifying who the speaker is on any given subject.

For those who would not recognize their own district representative's voice over any other, and what they might stand for, they may now begin to follow topically what each representative states.

For instance, on April 20, 2009, Council resurrected the idea of mandating paved driveways... spear-headed by John Moore, but if you are not familiar with District representative Moore's voice, you may not realized that he is the one representing the issue. II. Hard Surface Standards.

Council is on a roll with "ungrandfathering" residential properties that were pre-existing to their new-fangled ideas. Apparently, their town just cannot change quick enough for them. In this case, Council will extend grandfathering rights only to those who have gravel, while just weeks ago these were deemed dangerous. They will forego grandfathering of dirt driveways.

The really bad news is that any arbitrary thing enacted by this Council will make residents liable for fines, liens and even threats of jail.

Englewood residents barely surviving hard times can thank their electorates for this finely timed gift.

The cool thing for residents to know is that while dirt is illegal in the new Englewood, road base is solidly safe within the proposed code. Residents just need to declare which one they have.

It was important for me to note in listening to the recordings that Mayor Woodward raged against a great-grandmother and long-time resident of Englewood who came to Council for the second time to represent her opinion about them throwing away Nancy Peterson's various awards after she was injured by an unnamed City policeman.

When she originally caught them in the act, Ms. Cummins represented herself kindly about the matter and obtained a March agreement from Council to put them on public display somewhere in City Hall, alongside City Manager Sear's trophies. But, after seeing some scratches and wear from being tossed away, they decided to put the awards out of public eye in the airlock of the Englewood Police Station.

She, Ms. Cummins, came bravely to Council to tell them that she didn't appreciate her friend's honors being stuffed away from public eye twice, and what happened to their original 100% commitment to her by Mayor, Bob McCaslin and Jill Wilson? She wanted to know.

Mayor delays his hottest topic til near the end of section 12. "General Discussion," when he begins to respond to "Ms. Cummins comments" and then lectures her for her "attack" on him personally. It's a bit of a shameful interaction from the office of City Mayor that can be heard in the last third of General Discussion, during Mayor's Choice section at www.EnglewoodCitizens.org. Monday, April 23.

I personally will stick with Mr. Crabtree's recordings as all of the background noise has been removed from the recordings, and they are conveniently set out per section and per speaker. It's much more accessible and transparent than having to listen to the entire four hours of this Council's official meetings.

Link: http://englewoodcitizens.org/

Closed. Closed for the seasons... and "We Are Nothing"... These are the whispers of experts.

During the City Council study session of April 9, 2009, Alan White, Community Development Director for the City of Englewood presented a 20 minute video presentation from a group of experts from Urban Land Institute (ULI).

There is something to be said for being first, and I'm happy to acknowledge the virtue of creativity. Mayor Wolosyn would have agreed. The expert placemakers acknowledged Englewood's attempt at a transit oriented community as being the first in Colorado.

It's always easier to improve on a prototype, but creating the prototype is hard work. I'd shake Gary Sears' hand for this if he'd care.

Community Development Director White cautioned Council before pressing "play" that City staff do not necessarily agree with the experts' findings. Then the lights went out.

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Link: http://EnglewoodStory.com

A couple of items stand up shouting at me from this most recent City Council meeting. The first is a letter from Lance Smith, who is the head of Englewood's building department.

It was distributed to Council that night, obviating its way around the library's reference packet for the public.

The letter said that Englewood obtained a low grade on risk assessment because it's building inspectors are performing too many inspections every day. ISO recommends two daily inspections because a thorough inspection takes a little longer.

Englewood performs as many as ten inspections a day. Mr. Smith reported to Council how their grade confused him seeing as they can perform so many inspections in a day. But, safety inspections are not a race.

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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://EyeOnEnglewood.com

After Easter, Springtime breezes through Englewood, warming everyone up for a day or two, giving pause to consider what needs attention around the house or the yard.

But, not only in your own yard; Look around. Englewood has some real issues of obsolete housing, dangerous housing, and neighborhood real estate values that directly affect the City's appeal to younger families, thus its school districts.

Can this aging problem be addressed creatively?

Presently, the City Manager and City Council have promoted liening your property in exchange for the city doing yard and weed clean up. Snow removal might also garner a lien on your home. But, Englewood residents need a better bang for their bucks.

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Link: http://www.EyeOnEnglewood.com

After publishing my article on Englewood’s civil rights violations, I was sent the following letter.

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Link: http://EnglewoodStory.com

WHAT IS FAIR HOUSING?

"According to HUD, impediments to fair housing choice include actions or omissions in the state that constitute violations of the Fair Housing Act. The following issue [is] shown to be [a] potential impediment to fair housing choice in the State of Colorado:"

Number(14) is "Steering."
here

"Steering is a practice of guiding prospective homebuyers or renters of protected classes (such as color, race,religion, disability, familial status, etc.) to areas with concentrations of persons in those groups." See, State of Colorado Analysis of Impediments to Fair Housing Choice, 2005-2010, p 5.

In Englewood, the City Council, City Manager and even the City attorneys not only targeted but endorsed ongoing neighborhood harassment of the Bartnick household for housing four young people of Hispanic, black, Asian and mixed-race origin over a two-year period.

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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?

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