HomeMy WebLinkAboutStudy Session Agenda Packet 01-05-15STUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO
7500 W . 29th Ave.
Wheat Ridge CO
January 5, 2015
6 :30p.m .
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the
City of Wheat Ridge. Call Heather Geyer. Administrative Services Director at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
PUBLIC COMMENT ON AGENDA ITEMS
APPROVALOFAGENDA
~ Staff Report(s)
a) Sex Offender Registratio n Fee
b) Amendments to Section 16-15b; Interference with a po l ice officer
2. Code Enforcement Strategies
3. Elect ed Officials' Report(s)
ADJOURNMENT
~ .
... ~ ~ .. City of • ~Wheat&_dge ~O LI CE D EPARTMENT
TO :
THROUGH:
FROM:
DATE:
SUBJECT:
ISSUE
Memorandum
Mayor Joyce Jay and City C~,il
Patrick Goff~ City Manager W
Daniel Brennan, Chief of Police
Dave Pickett, Commander
Investigations Bureau
December 30,2014
Unpaid Sex Offender Registration Fees
The Wheal Ridge Police Department (WRPD) registers those sex offenders who are required by
law to register within the community where they live. A fee is associated witJ1 that registration ,
and some offenders fail to pay the fee. C.R.S. 16-22-108(7) (a) provides for a local law
enforcement agency to "establish a registration fee to be paid by persons registering [as a sex
offender] and reregisteting annuaJly or quarterly ... The amount of the fee shaU reflect the actual
direct costs incurred by the lo~;al. .. agency ... but shall not exceed seventy-five dollars for tbe
initial registration ... and twenty-five dollars for any subsequent annual or quarterly registration."
The WRPD charges the maximum amount allowed by Jaw for initial and annual registrations.
Quarterly registrations are free. These fees reflect the actual costs involved in registering sex
offenders. Payment of the registration fee is due at the time of registration. but some sex
offenders fail to pay the fee at that time. Sex offenders, required to register, failed to pay a total
of $2,250 in fees in 2012 and 2013.
FINANCIAL IMPACT
In terms of lost revenue to the City of Wheat Ridge, 67 initial registrations were completed in
2012. At $75 per registration , this should have generated $5,025 in revenue for the City. Of that
$5,025, $1.015 remains unpaid, resulting 1n roughly a 20% loss in revenue. One hundred
twenty-two annual registrations were completed in 2012. At $25 per registration, this should
have resulted in $3,050 in revenue. Of that $3,050, $50 remains outstanding, resulting in an
approximate 2% revenue loss.
For 2013, 49 initial registrations have been completed to date. At $75 per registration, $3,675
should have been brought in. $1,135 remains outstanding, equaling roughly a 30% loss in
revenue. Eighty-eight annual registrations were completed in 2014. At $25 per registration,
$2,200 in fees should have been paid . Of that $2,200, $50 is unpaid, resulting in an approximate
2% loss in revenue.
Staff Report: Unpaid Sex Offender Regi stration Fee s
January 5. 2015
Page2
BACKGROUND:
The revenue generated by sex offender regi stration fees helps cover the time and labor required
by the sex offender regi s trar to prepare registration forms, generate an offender's file , register the
offender. process the offender's registration. and post the offender's information on WRPD's
public sex offender list. The public list is of vital importance. as it promotes the safety of
citizenry by providing information on the identity and location of sex offenders in the area.
C.R.S 16-22-1 08( I )(a)( II) requires that an offender "shall register. .. by completing a
standardi zed registration form ... and paying the registration fee impo sed by the loca l law
enforcement agency." De spite this provision. the pa ssage of House Bill 11-1278 changed the
pu rsuit of pa yme nt for outstanding fees from a criminal process to a civil process. Currently
WRPD has no civ il process in place, and the passage of the bill effectively LOok the "teeth" out
o f enforcing the payment of registration fees. Continued verba l payment requests by the sex
offender registrar to the offenders ha ve also pro\ en ineffective, particularly ifthc offender has
moved out of th e City.
TI1as departmem's Noucc to Pa y Fee form also specafics that a regi strant "shall not be considered
regi stered until the fee has been paid."' However. C.R.S 16-22-1 09(3) requires a law
enforcement agency to "report" registrations (via CCIC) to the Colorado Bureau of Investigation
"wi thin tlu·ee business day s." Due to this requirement, an offender's regi stration cannot lawfully
be held until hi s/her fee is paid. It would a lso be detrimental lo public sa fety to hold an
offender's registration and not provide the infonnation on the offender to our citizens.
A process that allows the City of Wheat Ridge to issue a summons to appear in Municipal Court
to sex offenders who do not pay the requi site fee would greatly assist in fee collection. This
summons would be issued at the time of registration if the offender failed to pay the fee. The
Cit y of Brighton has passed such an ordinance. and effectively increased their fee compliance to
I 00%. The summons mandates a court appearance but the case is dismissed if the offender
remits the fee.
In seeki ng a solution to the unpaid registration fee problem, staff examined other enti ti es within
the City. None of the current processes used by other departments would be effective in
collecting unpaid fees. StafTbelieves the most effective mechanism to collect unpaid sex
offender registration fees is the issuance of a Municipal Court summons.
RECOMMENDATIONS:
Staff recommends that an ordinance be passed reqUiring the payment of sex offender
registration fees at the time of registration.
A second option is to not pass the ordinance, and abso rb th e cost of tho se offenders who
choose not to pay the fee.
ATTACHMENTS:
I. Proposed Ordinance
2. House Bill 11-1278
OP /ck
CITY OF WHEAT RIDGE , COLORADO
INTRODUCED BY COUNCIL MEMBER ------
Council Bill No.
T ITLE:
Ordinance No. ----Series 2014
AN ORDINANCE ADOPTING A NEW SECTION 16-1 60 OF
THE WHEAT RIDGE CODE OF LAWS CONCERNING SEX
OFFENDER REGISTRATION AND FEES
WHEREAS , the City of Wheat Ridge , Colorado (the "City''), is a Colorado home
rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the
Colorado Constitution; and,
WHEREAS , pursuant to C.R.S . § 16-22-1 08(1 )(a)(ll), the Wheat Ridge Police
Department ('WRPD") is required to accept and process sex offender registrations from
City residents who are required by law to register as sex offenders; and,
WHEREAS, in association with sex offender registration , the WRPD is
authorized by C.R.S. § 16-22-1 08(7) to impose and collect a registration fee, which fee
recoups a portion of the City's cost in staff time and resources necessary to process
sex offender registrations , including but not limited to maintaining the City's public sex
offender list; and,
WHEREAS, when a sex offender fails to pay the app licable registration fee , the
WRPD may not lawfully refuse to process the offender's registration , and the Council
finds that the WRPD should not refuse to process such a registration , it being of critical
importance that sex offenders are timely registered and that public registration l ists
remain current and accurate; and ,
WHEREAS , for calendar years 2012 and 2013 , the WRPD reports that it carries
two thousand seven hundred eighty-four dollars ($2,784.00) in outstanding unpaid sex
offender registration fees ; and ,
WHEREAS, the collection of registration fees is necessary to contin ue to fund
the City's obligations concerning sex offender registration and there is currently no
effective means of enforcing the requirement to pay such fees; and,
WHEREAS, the City Council therefore finds that it is necessary and desirable to
adopt local Code requirements concerning sex offender registration and the payment of
registration fees so that such requirements may be quickly and effectively pursued in
the Wheat Ridge Municipal Court.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE , COLORADO:
Secti on 1. Chapter 16 of the Wheat Ridge Code of Laws, concerning
Offenses, is hereby amended by the addition o f a new Section 16-160,
concerning sex offender registration and fees, to read in its entirety as follows :
Attachment 1
Se c. 16-160 . Se x Offender Regi stration and Fee Requi red .
(a) Every person who is required by statute , ordinance . law. rule ,
regulation or any other legal obligation to register as a sex offender with
the Wheat Ridge Police Department shall register with the Wheat Ridge
Po li ce Department in the time frame prescribed by such statute,
ordinance, l aw, rule , regula t ion or other legal obligat ion. It is unlawful to
fail to register as required by this subsection .
(b) Every person who is required to register as a sex offender with
the Wheat R idge Police Department pursuant to subsection (a) of this
Section shall , at the time of registration , pay the applicable sex offender
registration fee as set forth in the Wheat R idge Po l ice Department Fee
Schedule, as adopted and amended by the City Council from time to
time. It is unlawful to fail to timely pay the registration fee required by
this subsection.
Section 2. Safety Clause . The City Council hereby finds , determines, and
declares that this Ordinance is promulgated under the general police power of
the City of Wheat Ridge , that it is promulgated for the health , safety, and welfare
of the public and that this Ordinance is necessary for the preservation of health
and safety and for the protection of public convenience and welfare . The City
Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be attained .
Se ction 3. Seve rability ; Conflicting Ordinances Repealed . If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
confl ict with t he provisions of t h is O rd ina n ce are hereby repea led .
Section 4. Effective Date . This Ordinance shall take effect fifteen ( 15) days
after final publ ication , as provided by Section 5 .11 of the Charter.
INTRODUCED , READ , AND ADOPTED on f irst reading by a vote of_ to_ on
this _ day of , 20 15, o rdered published in full in a newspaper of
general circulation in the City of Wheat Ridge and P ublic Heari ng and conside ration on
final passage set for , 2015 , at 7 :00 o'clock p .m ., in the Council
Chambers , 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of_ to _, this day of , 2015.
SIGNED by the Mayor on this ___ day of _________ . 20 15 .
Joyce Jay, Mayor
2
ATTEST:
Janelle Shaver, City Clerk
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
Published : ______ _
Approved As To Form
Gerald E . Dahl , City Attorney
Wheat Ridge Transcript and www.ci.wheatridqe.co .us
3
l'IV J .1!..: J rus ow nas oeen prepareo tor me sagoarure ot me appropraate teguJanve
officers and the Gi)vernor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history , or the Session Laws.
HOUSE BILL 11-1278
BY REPRESENT A TNE(S) Gardner B., Barker, Fields, Labuda, Looper,
Schafer S.;
also SENATOR(S) Morse, Boyd, Guzman, Hodge, Jahn, King S.,
Steadman, Williams S.
CONCERNING SEX OFFENDER REGISTRATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 16-13-902 ( 5), Colorado Revised Statutes , is amended
to read:
16-13-902. Definitions. As used in this part 9, unless the context
otherwise requires:
(5) "Sexually violent predator" means a sex offender who is
identified as a sexually violent predator pursuant to section 18-3-414.5,
C.R.S., or who is found to be a sexually violent predator or its equivalent
in any other state or jurisdiction, including but not limited to a military or
federal jurisdiction. FOR PURPOSES OF TillS SUBSECI10N (5), "EQUIVALENT",
WITH RESPECT TO AN OFFENDER FOUND TO BE A SEXUALLY VIOLENT
PREDATOR OR ITS EQUIVALENT, MEANS A SEX OFFENDER CONVICTED lN
ANOTHER STATE OR JURISDICTION, INCLUDING BliT NOT UMITED TO A
Attachment 2
Capital/etters indicate new material added to existing statutes; dashes through words indicate
deletions from existin g statutes and such materiDI not part of act.
MILITARY, TRIBAL, TERRITORIAL, OR FEDERAL JURISDICTION, WHO HAS BEEN
ASSESSED OR LABELED AT THE HlGHEST REGISTRATION AND NOTIFICATION
LEVELS IN THE JURISDICTION WHERE THE CONVICflON WAS ENTERED AND
WHO SATISFIES THE AGE, DATE Of OFFENSE, AND CONVICTION
REQUIREMENTS FOR SEXUALLY VIOLENT PREDATOR STATUS PURSUANT TO
COLORADO LAW.
SECTION 2. 16-13-903, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION, to read:
16-13-903. Sexually violent predator subject to community
notification -determination -implementation. (5) A SEX OFFENDER
CONVICTED IN ANOTHER JURISDICTION WHO IS DESlGNA TED AS ASEXUALLY
VIOLENT PREDATOR BY TilE DEPARTMENT OF PUBLIC SAFETY FOR PURPOSES
OF COLORADO LAW SHALL BE NOTIFIED OF HTS OR HER DESIGNATION AND
SHALL HAVE THE RIGHT TO APPEAL THF DESIGNATION IN DISTRICT COURT.
SECTION 3. 16-22-1 02 (9), Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW PARAGRAPH to read:
16-22-102. Definitions. As used in this article, unless the context
otherwise requires:
(9) "Unlawful sexual behavior" means any of the following offenses
or criminal attempt, conspiracy, or solicitation to coriU1llt any of the
following offenses:
(bb) SECOND DEGREE KIDNAPPING, IF COMMJTTED IN VIOLATION OF
SECTION 18-3-302 (3) (a), C.R.S.
SECTION 4. 16-22-103 (1) (b), Colorado Revised Statutes, is
amended to read:
16-22-103. Sex offender registration-required-applicability-
exception. (1) Effective July I, 1998, the following persons shall be
required to register pursuant to the provisions of section 16-22-108 and
shall be subject to the requirements and other provisions specified in this
article:
(b) Any person who was convicted on or after July I, 1991, in
PAGE 2-HOUSE BILL ll-1278
another state or jurisdiction, including but not limited to a military, TRJBAL,
TERRITORIAL, or federal jurisdiction, of an offense that, if committed in
Colorado, would constitute an unlawful sexual offense, as defined in section
18 -3 -411 (1), C.R.S., enticement of a child, as described in section
18-3-305 , C.R.S., or internet luring of a child, as described in section
18-3-306, C.R.S.; and
SECTION 5. 16-22-106 (3) (a), Colorado Revised Statutes, is
amended to read:
16-22-106. Duties -probation department -community
corrections administrator-court personnel-jail personnel-notice.
(3) (a) (D IF A PERSON WHO IS REQUIRED TO REGISTER PURSUANT TO
SECTION 16-22-103 IS HELD FOR MORE THAN FIVE BUSINESS DAYS IN A
COUNTY JAIL PENDING COURT DISPOSITION FOR ANY OFFENSE, THE SHERIFF
OF THE COUNTY IN WHICH THE COUNTY JAIL IS LOCATED, OR HIS OR HER
DESIGNEE, SHALL TRANSMIT TO THE LOCAL LAW ENFORCEMENT AGENCY OF
THEJURISDICTIONfNWHICHTHEPERSONWASLASTREGISTEREDANDTOTHE
CBI CONFIRMATION OF THE PERSON'S REGISTRATION. THE CONFIRMATION
SHALL BE TRANSMITI'ED ON A STANDARDIZED FORM PROVIDED BY THE CBI,
AND SHALL INCLUDE THE ADDRESS OR ADDRESSES AT WinCH THE PERSON
WILL RESIDE WHILE IN CUSTODY OF THE COUNTY JAIL, THE PERSON 'S DATE OF
BIRTH, A CURRENT PHOTOGRAPH OF THE PERSON, AND THE PERSON'S
FINGERPRINTS.
ffl (II) If a person who is required to register pursuant to section
16-22-103 is sentenced to a county jail FOR ANY OFFENSE, the sheriff of the
county in which the county jail is located, or his or her designee, as soon as
possible following sentencing, shall transmit to THE LOCAL LAw
ENFORCEMENT AGENCY OF THE JURISDICTION IN WHICH THE PERSON W A$
LAST REGISTERED AND TO the CBI confinnation of the person's registration.
THE CONFIRMATION SHALL BE TRANSMITI'ED on a standardized form
provided by the CBI, using AND SHALL INCLUDE the address or addresses at
which the person will reside while in custody of the county jail, mel
inclttd:ing the person's date of birth, a current photograph of the person, and
the person's fingerprints.
(ffl (Ill) The provisions of this paragraph (a) shall apply to persons
sentenced on or after January l, 2005 .
PAGE 3-HOUSE BILL 11-1278
SECTION 6. 16-22-108 (I) (b), the introductory portion to
16-22-108 (3), and 16-22-108 (3) (a.5), (4), and (7), Colorado Revised
Statutes, are amended to read:
16-22-108. Registration-procedure-frequency-place-change
of address -fee. ( 1) (b) Except as otherwise provided in paragraph (d) of
this subsection (1 ), each person who is required to register pursuant to
section 16-22-103 shall reregister on WITHIN FJVE BUSINESS DAYS BEFORE
OR AFTER the person's first birthday following initial registration and
annually on WITHTN FIVE BUSINESS DAYS BEFORE OR AFTER the person's
birthday thereafter. If a person's birthday fails on a Saturday, Str:nday, or
holiday, the pet SOil shaH tetegistet on the first bnsiness day foHowing his
01 her birthtbty. Such person shall reregister pursuant to this paragraph (b)
with the local law enforcement agency of each jurisdiction in which the
person resides on WITHIN AVE BUSINESS DAYS BEFORE OR AFTER his or her
birthday, in the manner provided in paragraph (a) of this subsection (1 ).
(3) Any person who is required to register pursuant to section
16-22-103 shall be required to register WITHIN FIVE BUSINESS DAYS BEFORE
OR AFTER each time such person:
(a.5) Changes the address at which a VEHICLE, trailer, or motor
home is located, if the VEHICLE, trailer, or motor home is the person's place
of residence, regardless of whether the new address is within the
jurisdiction of the law enforcement agency with which such person
previously registered ;
(4) (a) (I) Any time a person who is required to register pursuant to
section 16-22-103 ceases to reside at an address, the person shaH notify the
local law enforcement agency of the jtJrisd:ietion in which said adchess is
located by completing & wt itten registJ !tion cancellation form, a~ a:i:lable
fiom the local law enforcement agenc~. A:t a 111ininn:nn:; the registtatiou
cancellation form sha:l:l indicate THE PERSON SHALL REGISTER WITH THE
LOCAL LAW ENFORCEMENT AGENCY FOR HJS OR HER NEW ADDRESS AND
INCLUDE the address at which the person will no longer reside and all
addresses at which the person will reside. The person shall file the NEW
registration ccmeeH&tion form within five business days after ceasing to
reside at an address. A local law enforcement agency that receives a
regi:stJ ation cancellation form THE LOCAL ENFORCEMENT AGENCY THAT
RECEIVES THE NEW REGISTRATION FORM SHALL INFORM THE PREVIOUS
PAGE 4-HOUSE BILL J J -1278
!URISDICflON OF THE CANCELLATION OF THAT REGISTRATION AND shall
electronically notify the CBI of the registration cancellation. If the person
moves to another state, the CD E sbai:l p10mptl:y notify the agency tesponsible
for registJ ation in the new state.
(ll) ANY TIME A PERSON WHO IS REQUIRED TO REGISTER PURSUANT
TO SECTION 16-22-103 CEASES TO RESIDE AT AN ADDRESS AND MOVES TO
ANOTHER STATE, THE PERSON SHALL NOTIFY THE LOCAL LAW ENFORCEMENT
AGENCY OF THE JURISDICTION IN WHICH SAID ADDRESS IS LOCATED BY
COMPLETING A WRITTEN REGISTRATION CANCELLATION FORM, AVAILABLE
FROM THE LOCAL LAW ENFORCEMENT AGENCY. AT A MINIMUM, THE
REGISTRATION CANCELLATION FORM SHALL INDICATE THE ADDRESS AT
WHICH THE PERSON WILL NO LONGER RESIDE AND AU. ADDRESSES A 1 WHICH
THE PERSON WILL RESIDE. THE PERSON SHALL PILE THE REGISTRATION
CANCELLATION FORM WITHIN FfVEBUSlNESS DAY S AI-'TER CEASING TO RESIDE
AT AN ADDRESS. A LOCAL LAW ENFORCEMENT AGENCY THAT RECElVES A
REGISTRATION CANCELLATION FORM SHALL ELECTRONICALLY NOTIFY THE
CBI OF THE REGISTRATION CANCELLATION. IF TilE PERSON MOVES TO
ANOTHER STATE, THE CBI SHALL PROMPTLY NOTIFY THE AGENCY
RESPONSIBLE FOR REGISTRATION lN THE OTHER STATE.
(b) If a person fails to submit the NEW REGISTRATION FORM OR
registration cancellation form as required in paragraph (a) of this subsection
( 4) and the address at which the person is no longer residing is a group
facility, officials at such facility may provide information concerning the
person's cessation of residency to the local law enforcement agency of the
jurisdiction in which the address is located. If the person is a juvenile or
developmentally disabled and fails to submit the registration cancellation
form as required in paragraph (a) of this subsection (4) and the address at
which the person is no longer residing is the residence of his or her parent
or legal guardian, the person's parent or legal guardian may provide
information concerning the person's cessation of residency to the local law
enforcement agency of the juris diction in which the address is located. Any
law enforcement agency that receives such information shall reflect in its
records that the person no longer resides at said group facility or the parent's
or legal guardian's residence and shall transmit such information to the CBI.
Provision of information by a group facility or a person's parent or legal
guardian pursuant to this paragraph (b) shall not constitute a defense to a
charge of failure to register as a sex offender.
PAGE 5-HOUSE BILL 11-1278
(7) (a) A local law enforcement agency may establish a registration
fee to be paid by persons registering and reregistering ANNUALLY OR
QUARTERLY with the local law enforcement agency pursuant to the
provisions of this section. The amount of the fee shall reflect the actual
direct costs incurred by the local law enforcement agency in implementing
the provisions of this article, BUT SHALL NOT EXCEED SEVENTY-FIVE
DOLLARS FOR THE INITIAL REGISTRATION WITH THE LOCAL LAW
ENFORCeMENT AGENCY AND TWENTY-FIVE DOlLARS FOR ANY SUBSEQUENT
ANNUAL OR QUARTERLY REGISTRATION.
(b) THE LOCAL LAW ENFORCEMENT AGENCYMA Y W AIVETHE FEE FOR
AN INDIGENT PERSON. FOR ALL OTHER PERSONS, THE LOCAL LAW
ENFORCEMENT AGENCY MAY PURSUE PAYMENT OF THE FEE THROUGH A CI\Ill..
COLLECTION PROCESS OR ANY OTHER LAWFUL MEANS IF THE PERSON IS
UNABLE TO PAY AT THE TIME OF REGISTRATION. A LOCAL LAW
ENFORCEMENT AGENCY SHALL ACCEPT A TIMELY REGISTRATION IN ALL
CIRCUMSTANCES EVEN IF THE PERSON IS UNABLE TO PAY THE FEE AT THE
TIME OF REGISTRATION.
(c) A LOCAL LAW ENFORCEMENT AGENCY MAY NOT CHARGE A FEE
TO A PERSON WHO PROVIDES AN UPDATE TO HJS OR HER INFORMATION
PURSUANT TO SUBSECTION (3) OF THlS SECTION.
SECTION 7. The introductory portion to 16-22-113 (I), 16-22-113
(1) (d) and (1) (e), and the introductory portion to 16-22-113 (2) (d),
Colorado Revised Statutes, are amended, and the said 16-22-113 is further
amended BY THE ADDITION OF A NEW SUBSECTION, to read:
16-22-113. Petition for removal from registry. (I) Except as
otherwise provided in subsection (3) of this section, any person required to
register pursuant to section 16-22-103 or whose information is required to
be posted on the internet pursuant to section 16-22-lll may file a petition
with the court that issued the order of judgment for the conviction that
requires the person to register for an order that discontinac:s TO
DISCONTINUE the requirement for such registration or internet posting, or
both, as follows:
(d) If the person was required to register due to being placed on a
deferred judgment and sentence or a deferred adjudication for an offense
involving unlawful sexual behavior, after the successful completion of the
PAGE 6-HOUSE BILL 11-1278
deferred judgment and sentence or deferred adjudication and dismissal of
the case, if the person prior to such time has not been subsequently
convicted of unlawful sexual behavior or of any other offense, the
underlying factuaJ basis of which involved unlawful sexual behavior AND
Tim COURT DID NOT ISSUE AN ORDER EITHER CONT£NUINO THE DUTY TO
REGISTER OR DISCONTINUING THE DUTY TO REGISTER PURSUANT TO
PARAGRAPH (a) OF SUBSECTION (1.3) OF THIS SECfiON;
(e) If the person was younger than eighteen years of age at the time
of disposition or adjudication, after the successful completion of and
discharge from the sentence, if the person prior to such time has not been
subsequently convicted of unlawful sexual behavior or of any other offense,
the underlying factual basis of which involved unlawful sexual behavior
AND THE COURT DID NOT ISSUE AN ORDER EITHER CONTJNUDIJG THE DUTY TO
REGiSTER OR DISCONTINUING THE DUTY TO REGISTER PURSUANT TO
PARAGRAPH (b) OF SUBSECfiON (1.3) OF THIS SECfiON. Any person
petitioning pursuant to this paragraph (e) may also petition for an order
removing his or her name from the sex offender registry. In determining
whether to grant the order, the court shall consider whether the person is
likely to commit a subsequent offense of or involving unlawful sexual
behavior. The court shall base its determination on recommendations from
the person's probation or community parole officer, the person's treatment
provider, and the prosecuting attorney for the jwisdiction in which the
person was tried and on the recommendations included in the person's
presentence investigation report. In addition, the court shall consider any
written or oral testimony submitted by the victim of the offense for which
the petitioner was required to register. Notwithstanding the provisions of
this subsection ( 1 ), a juvenile who files a petition pursuant to this section
may file the petition with the court to which venue is transferred pursuant
to section 19-2-105, C.R.S., if any.
(1.3) (a) lF A PERSON IS EUGIDLE TO PETITION TO DISCONTINUE HIS
OR HER DtiTY TO REGISTER PURSUANT TOP ARAGRAPH (d) OF SUBSECriON (1)
OF THJS SECTION, THE COURT, AT LEAST SIXTY DAYS BEFORE DISMISSING THE
CASE, SHALLNOTlFYEACH OF THE PARTIES DESCRIBED IN PARAGRAPH (a) OF
SUBSECriON (2) OF TIDS SECfiON, THE PERSON, AND THE VICfiM OF THE
OFFENSE FOR WHICH THE PERSON WAS REQUIRED TO REGISTER, IF THE VICTIM
HAS REQUESTED NOTICE AND HAS PROVIDED CURRENT CONTACT
INFORMA TJON, THAT THE COURT WILL CONSIDER WHETHER TO ORDER THAT
THE PERSON MAY DISCONTINUE JDS OR HER DUTY TO REGISTER WHEN THE
PAGE 7-HOUSE BILL 11-1278
COURT DISMISSES THE CASE AS A RESULT OF THE PERSON'S SUCCESSFUL
COMPLETION OF THE DEFERRED JUDGMENT AND SENTENCE OR DEFERRED
ADruDICA TION. THE COURT SHALL SET THE MA ITER FOR HEARING IF ANY OF
THE PARTIES DESCRIBED lN PARAGRAPH (a) OF SUBSEcriON (2) OF TJllS
SECTION OR THE VICTIM OF THE OFFENSE OBJECT, OR IF THE PERSON
REQUESTS A HEARING. lFTHE COURT ENTERS AN ORDER DISCONTINUING THE
PERSON'S DUTY TO REGISTER, THE PERSON SHALL SEND A COPY OF THE
ORDER TO EACH LOCAL LAW ENFORCEMENT AGENCY WJTI-1 WHICH THE
PERSON IS REGISTERED AND TO THE CBl. IF THE VICTIM OF THE OFFENSE HAS
REQUESTED NOTICE, THE COURT SHALL NOTIFY THE VICTIM OF ITS DECISION
EITHER TO CONTINUE OR DISCONTINUE THE PERSON'S DUTY TO REGISTER.
(b) (T) IF A JUVENILE IS EUGIBLE TO PETITION TO DISCONTINUE HIS OR
HER DUTY TO REGISTER PURSUANT TOP ARAGRAPH (e) OF SUBSECTJON ( 1) OF
TfllS SECTION, THE COURT, AT LEAST SIXTY DAYS BEFORE DISCHARGING THE
JUVENILE'S SENTENCE, SHALL NOTIFY EACH OF THE PARTIES DESCRIBED IN
PARAGRAPH(a)OFSUBSECflON(2)0FTmSSECTION,THEJUVENILE,ANDTHE
VICfTM OF TTIF OFFENSE FOR WHICH THE JUVENILE WAS REQUIRED TO
REGISTER, IF TilE VICTIM HAS REQUESTED NOTICE AND HAS PROVIDED
CURRENT CONl ACT INFORMA nON, THAT THE COURT SHALL CONSIDER
WHETHER TO ORDER THAT THE JUVENILE MAY DISCONTINUE HIS OR HER
DUTY TO REGISTER WHEN TilE COURT DISCHARGES THE JUVENILE'S
SENTENCE. THECOURTSHALLSETTHEMATTERFORHEARINGIFANYOFTIIE
PARTIES DESCRIBED IN PARAGRAPH (a) OF SUBSECTION (2)0FTTIIS SECTION
OR THE VICTIM OF THE OFFENSE OBJECT, OR IF THE JUVENILE REQUESTS A
HEARING, AND SHALL CONSIDER THE CRITERIA IN PARAGRAPH (e) OF
SUBSECTION ( l) IN DETERMINING WHETHER TO CONTINUE OR DISCONTINUE
THE DUTY TO REGISTER. lF THE COURT ENTERS AN ORDER DISCONTINUING
THE JUVENILE'S DUTY TO REGISTER, THE DEPARTMENT OF HUMAN SERVICES
SHALL SEND A COPY OF THE ORDER TO EACH LOCAL LAW ENFORCEMENT
AGENCY WITH WJ-UCH THE JUVENILE IS REGISTERED, THE JUVENILE PAROLE
BOARD, AND TO THE CBI. IF THE VICTIM OF THE OFFENSE HAS REQUESTED
NOTICE, THE COURT SHALL NOTIFY THE VICTIM OF ITS DECISION EITHER TO
CONTINUE OR DISCONTINUE THE JUVENILE'S DtiTY TO REGISTER.
(II) lF A JUVENILE IS EUGffiLE TO PETITION TO DISCONTINUE 1-US OR
HERREGISTRATTONPURSUANTTOPARAGRAPH (e) OF SUBSECTION(} )OFTHIS
SECflON AND IS UNDER THE CUSTODY OF THE DEPARTMENT OF HUMAN
SERVICES AND YET TO BE RELEASED ON PAROLE BY THE JUVENILE PAROLE
BOARD, THEDEPARTMENTOFHUMANSERVICESMAYPETITIONTHECOURTTO
PAGE 8-HOUSE BILL 11-1278
SET A HEARING PURSUANT TO PARAGRAPH (e) OF SUBSECI10N (J) OF TH1S
SECTION AT LEAST SIXTY DAYS BEFORE THE JUVENILE IS SCHEDULED TO
APPEAR BEFORE THE JU\IENlLI! PAROLE BOARD.
(III) lF A JUVENILE IS EUGIBLE TO PETITION TO DISCONTINUE HlS OR
HER REGISTRATION PURSUANT TOP ARAGRAPH (e) OF SUBSECTION ( 1) OF TinS
SECTION AND IS UNDER THE CUSTODY OF THE DEPARTMENT OF HUMAN
SERVICES AND YET TO BE RELEASED ON PAROLE BY THE JUVENILE PAROLE
BOARD, THE DEPARTMENT OF HUMAN SERVICES, PRlOR TO SETTING THE
MATTER FOR HEARING, SHALL MODIFY THE JUVENILE'S PAROLE PLAN OR
PAROLE HEARING TO ACKNOWLEDGE THE COURT ORDER OR PETITION UNLESS
IT IS ALREADY INCORPORATED IN THE PAROLE PLAN.
(2) (d) On receipt of a copy of an order discontinuing a petitioner's
duty to register: 33 pro""ided i11 parag1aph (e) of this snbseetion (2).
SECTION 8. 18-1-202 (12), Colorado Revised Statutes, as
amended by Senate Bill 11-007, is amended to read :
18-1-202. Place of trial. (12) If a person commits the offense of
failure to register as a sex offender as provided in section I 8-3-412.5, the
offense is committed and the offender may be tried IN THE COUNTY IN
WHICH THE OFFENDER WAS RELEASED FROM INCARCERATION FOR
COMMISSION OF THE OFFENSE REQUIRING REGISTRATION, in the county in
which the offender resides, in the county in which the offender completed
his or her last regi stration, or in the county in which the offender is
apprehended.
SECTION 9. 18-1.3-1007 (1.5), Colorado Revi sed Statutes, is
amended to read:
18-1.3-1007. Probation-intensive supervision program. ( 1.5) In
addition to the persons specified in subsection (1) of this section, the court
shaH MAY require any person convicted of felony failure to register as a sex
offender, as described in section 18-3-412 .5, and sentenced to probation to
participate, as a condition of probation and until further order of the court,
in the intensive supervision probation program established pursuant to this
section.
SECTION 10. 18-3-412.5 (2) (b), Colorado Revised Statutes, is
PAGE 9-HOUSE BILL ll-1278
amended, and the said 18-3-412.5 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
18-3-412.5. Failure to register as a sex offender. (1.5) (a) IN A
PROSECUTiON FOR A VIOLATION OF THJS SECTION, IT IS AN AFFIRMATIVE
DEFENSE THAT:
(I) UNCONTROLLABLE CIRCUMSTANCES PREVENTED THE PERSON
FROM COMPLYING;
(fl) THE PERSON OLD NOT CONTRIBUTE TO THE CREAT ION OF THE
CIRCUMSTANCES IN RECKLESS DISREGARD OFTI £E REQUIREMENT TO COMPLY;
AND
(Ill) THE PERSON COMPLIED AS SOON AS TilE CIRCUMSTANCES
CEASED TO EXIST.
(b) 1N ORDER TO ASSERT THE AFFIRMATIVE DEFENSE PURSUANT TO
THlS SUBSECTION ( 1.5), THE DEFENDAN1 SHALL PROVIDE NOTICE TO THE
PROSECUTING ATTORNEY AS SOON AS PRACI1CABLE, BUT NOT LATER THAN
THIRTY DAYS PRIOR TO TRIAL, OF illS OR HER NOTICE OF INTENT TO RELY
UPON THE AFFIRMA TJVE DEFENSE. THE NOTICE SHALL INCLUDE A
DESCRIPTION OF THE UNCONTROLLABLE C£RCUMST ANCE OR CIRCUMSTANCES
AND THE DATES THE UNCONTROLLABLE CIRCUMSTANCES BEGAN AND
CEASED TO EXIST IN ADDITION TO THE NAMES AND ADDRESSES OF ANY
WITNESSES THE DEFENDANT PLANS TO CALL TO SUPPORT THE AFFIRMATIVE
DEFENSE. THE PROSECUTING ATTORNEY SHALL ADVISE THE DEFENDANT OF
THE NAMES AND ADDRESSES OF ANY ADDITIONAL WITNESSES WHO MAY BE
CALLED TO REFUTE SUCH AFFIRMATIVE DEFENSE AS SOON AS PRACTICABLE
AFTER THEIR NAMES BECOME KNOWN. UPON THE REQUEST OF THE
PROSECUTION, THE COURT SHALL FIRST RULE AS A MATIER OF LAW WHETHER
THE CLAIMED FACTS AND CIRCUMSTANCES WOULD, IF ESTABLISHED,
CONSTITUTE SUFFlClENT EVIDENCE TO SUPPORT SUBMISSION TO THE JURY.
(2) (b) Any person conv icted of felony failure to register as a sex
offender shall be sentenced pursuant to the provisions of section
18-1.3-401. If su ch person is sentenced to probation, the co urt shMl MAY
require, as a condition of probation, that the person participate until further
order of the court in an intensive supervision probation program established
pursuant to section 18-1.3-1007. If s uch person is sentenced to
PAGE 10-HOUSE BILL 11-1278
incarceration and subsequently released on parole, the parole boar<Hhaii
MAY require, as a condition of parole, that the person participate in an
intensive supervision parole program established pursuant to section
18-1.3-1005.
SECTION 11. Effective date. This act shall take effect upon
passage; except that section 8 of this act shall take effect when Senate Bill
11-007 takes effect.
SECTION 12. Safety clause. The general assembly hereby finds ,
PAGE II-HOUSE BILL ll-1278
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
Frank McNulty
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Marilyn Eddins
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
Brandon C . Shaffer
PRESIDENT OF
THE SENATE
Cindi L . Markwell
SECRETARY OF
THE SENATE
APPROV ED ____________________________ __
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO
PAGE 12-HOUSE BILL 11-1278
.. \ ~ .(
... ~ City o f ~W heat&_dge ~OLICE DEPARTMENT
TO:
THROUGH:
F ROM:
DATE:
SUBJECT:
ISSUE:
Memorandum
Mayor Jay and City Council (\~
Patrick Goff, City Manager j...Jtj
Daniel Brennan, Chief of Police
December 30, 20 14 (for the meet ing of January 5, 20 15)
Staff Report: Amending Section J 6 -I 56, Interference w it h Public Officers
Performing Their Duti es
The P olice Department requested the City Attorney review a Police Department Training
Bulletin on harassment and disorderly conduct arrests involving police officers as victi m s. In the
course of th at review, the City Attorney rev iewed Secti o n I 6-156 and detennined that s ub section
(b) of the ordi n ance was likely overbroad and might prohibi t protected speech. This s ubsecti on
has been removed. Additionally, subsection (d) needed to be amended to reflect current
constitutional law requirements concerning im estigatory stops.
PRI O R ACTION :
On August II, 2014, City Council approved a request by City Attorney Gera ld Dahl to draft an
ordinance amending the City Code of Laws, Section 16-156, lnterferencc with Public Officers
Performing T he ir Duties.
R ECOMMEN DAT ION:
A copy of the revised ordinance is attached fo r your review. Staff and the City Attorney
recommend that this amended ordinance be brought forward to City Council for approval.
ATTACHMENTS :
1. Amended Ordinance, Section 16-156
DB /ck
CITY OF WHEAT RIDGE , COLORADO
INTRODUCED BY COUNCIL MEMBER------
COUNCIL BILL NO .
ORDINANCE NO. ___ _
Series 2014
TITLE : AN ORDINANCE AMENDING SECTION 16 -1 5 6 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING
IN TERFERENCE WITH PUBLIC OFFICERS PERFORMING
THEIR DUTIES
WH EREAS, the City of Wheat Ridge , Colorado (the "City"), is a Colorado home
rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the
Colorado Constitution; and ,
WHEREAS , pursuant to its home rule authority and C.R.S . § 31-15-401 , the
City , acting through its City Council (the "Council"), is authorized to adopt rules and
regulations proh i biting certain conduct and defining general offenses that harm or pose
a threat to the public health , safety or welfare; and ,
WHEREAS , pursuant to such authority, the Council has previously defined and
adopted certain general offenses, codified as Chapter 16 of the Wheat Ridge Code of
Laws ("Code"), including a prohibition of interfering with public officers in the
performance of their duties, codified as Code Section 16-156; and ,
WH EREAS , the Council finds that said Section 16-156 should be amended and
updated to reflect the current state of the law concerning investigatory stops and
interference with officers.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 16-156 of the Wheat Ridge Code of Laws , concerning
i nterference with public offic ers when discharging t heir duties, is hereby amended as
follows :
Sec. 16-156. Same-When i n discharge of duties.
(a) It is unlawful for any person to use and /or to threaten to use
violence , force , o r physica l interference , or any obstacle for the purpose
of knowing l y obstructing , impairing , hindering or attempting t o prevent
the investigation of any incident, the enforcement of any penal code , or
the preservation of the peace by a police officer or a peace officer
acting under color of ffis official authority, and/or any canine utilized by
any police officer in the discharge of such authorized officia l law
enforcement duties, o r knowingly to obstruct, impair, hinder or attempt
to prevent the prevention , co ntrol or abatement of fire by a fireman
FIREFIGHTER acting under color of Ris official authority.
Attachment 1
(b) It is unla¥Jful for any person to threaten 'l iolenco, reprisal or any
other injurious act to any police officer, peace officer, firema n , city
employee or o ther public officia l who is engaged in th e performance or
attempted porfermance of his official duties, or to make such a throat by
reason of such officer's porfermanoe or attempted perfermanoo of his
official duties.
(6) It is unlawfu l fo r a person knowingly to give false information or a
false name o r a false address to a police officer or a peace officer
acting under color of official autho rity with the pu rpose of implicating
another or with the intent to hide one's own rea l name, address or age.
(C G) It is un lawful for a person W HO HAS BEEN STOPPED BY A
POLIC E OFFICER OR PEACE O FFICER ACTI NG UNDER COLOR
OF OFFICIAL AUTHORITY, UPON REASONABLE SUSPICION THAT
THE PERSON IS COMMITTING , HAS COMMITTED OR IS ABOUT TO
COMM IT A CR IME , TO knowing ly te refuse to reveal his correct name ,
address or date of birth when requested to do so by SUCH a police
officer or a peace officer acting under color of official authority.
Section 2 . Safety Clause . The City Council hereby finds , determines , and
declares that this Ordinance is promulgated under the general police power of
the City of Wheat Ridge , that it is promulgated for the health , safety, and welfare
of the p u blic and that this Ordinance is necessary for the preservation of health
and safety and for the protection of public convenience and welfare. The City
Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 3. Severabilitv: Conflicti ng Ordi nances Repealed. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid , the va lidity of the remain ing sections , subsections and clauses
shall not be affected thereby . All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed .
Secti on 4 . Effective Date . T his Ordinance shall take effect f ifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ , AND ADOPTED on fi rst reading by a vote of _ to _ on
this 5th day of January, 2015 , ordered published in fu ll i n a newspaper of gene ra l
circulation in the City of Wheat Ridge and Publ ic Hearing and consideration on final
passage set for , 2015 , at 7 :00 o'clock p .m., in the Council
Chambers, 7500 West 29th Avenu e , Wheat Ridge, Colo rado .
READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of_ to _, this day of , 2015.
2
SIGNED by the Mayor on this ___ day of ________ , 2015 .
ATTEST:
Janelle Shaver, City Clerk
First Publication :
Second Publication :
Wheat Ridge Transcript
Effective Date:
Joyce Jay, Mayor
Approved As To Form
Gerald E. Dahl, City Attorney
3
'~ A_, .. .. City of ~Wheat&_dge ~OLI C E OrPARTMENT
TO:
THROUGH :
FROM:
DAT E:
SUBJECT:
I SSUE:
Memorandum
Mayor Jay and City Council(\~
Patrick Goff, City Manager l.J'J
Daniel Brennan. Chief of Police
Ken Johnstone, Community Development Director
December 30, 2014
Code Enforcement Programs
City Counci l identified nuisance code enforcement as an action agenda item during the 2014 City
Council retreat. Council recognized the important role that proactive nuisance code enforcement
plays in achieving the goals of the City and that the City's nuisance code enforcement strategies
should be strengthened and applied equally throughout the City. Staff was directed to bring this
issue to City Counci l for further discussion.
Staff presented an overview on the current code enforcement programs to City Council at an
August 4, 2014 study session (see attached staff report). That report touched on citywide
nuisance code enforcement in five broad areas (residential, commercial, hotel/motel, multi-
family, stonnwater and right-of-ways). After the presentation, Council identified residential and
commercial nuisance code enforcement as their first priorities and directed staff to bring back
proposa ls for City Council consideration . Council did not provide s taff direction on specific
issues or programs that they would like to see addressed.
BACKGROUND:
Nationally, most nuisance code programs rely upon citizen complaints to address nuisance code
related issues and this has certain ly been the model most utilized by the Ci ty of Wheat Ridge.
Since 2000. nuisance code enforcement has been a priority for City Council and the Police
Department, and the department has been more proactive in its efforts; however, the biggest
challenge has been catching up from many years of neglect due to a la ck of policy support for
code enforcement and a lack of resources.
After staffs presentation to City Council on August 4, staff from Community Development,
Public Works and the Police Departments have met on a bi-monthly basis to discuss and evaluate
current nuisance code enforcement strategies, ordinances, processes, and strategies to enhance
our efforts in the area of nuisance code enforcement. In our review, the group noted there have
been several changes to how U1e City addresses nuisance code enforcement. The most
s ignificant changes include the following:
StatT Report: Code Enforcement Program s
January 5, 20 15
Page 2
• Movi ng the nui sance code responsibilities to the Po lice Depa rtment in 2000;
• The development of an administrative mo d el process to resolve nui sance code
enforcement pro perties;
• The use of a community polic in g/problem-oriented approach that included an education
and outreach component to the program ;
• The addition of the former Community Development property in s pecto r po s iti o n to th e
Community Services Team ; and
• Adding seasona l CSO posi tions to the team during certain months of the year.
Nuisance code enforcement res pons ibi liti es rest primaril y with the Poli ce Department's
Community Services Team . This team is re s po ns ib le for three functions : I) nui s ance code
enforcement, 2) animal control and 3) City parks patrol and enforcement. Meeting the demands
of these multiple functions can be challenging. particularly during the s pring, s ummer and early
fall months.
C urrent Nui sance Cod e S trategi es
Residential nui sance code enforcement comprises th e mos t si gnifi ca nt use of nui sa nce code
resources today. Th e City's nui sance code enforcement s trategy can bes t be described as
location or place s p ecific, targeting bl ocks or neighborhood s in areas where the crime rate is
higher than other areas. While the majority of ca ll s for service are generated by citizen
complaint o r se1vice requests. there have been proactive efforts Ove r the years. These proacti\e
efforts include:
• East Wheat Ridge (Sheridan to Harlan St.) Community Poli c ing Project -this
program ha s focused o n east City alleyways, neighborhood cleanup, distressed
neighborhoods within thi s geogra phic area, and extra-patrol e fforts including
bicycle and vehicle patrols by patrol offi cers and CSOs based on crime . traffic
and quality of life issues.
• Dumpster Program-This CSO program has identi tied di s tressed neighborhoods
in the eas ts ide of the City us ing anecdotal and actual data. CSOs send out
educationa l information to the identified area v ia a fl ye r, a date/time for a
neighborhood meetin g when members of the department can meet with property
owners to describe the observed vio lations. and a d a te is established to provide a
dumpster(s). Afterwards, an assessment of the efforts is made and any further
violations arc handled us ing the administrative model process.
• Budget -the Police Department ha s budgeted approximately $20,000 a year in
overtime for Community Oriented Policing projects department wide. A part of
this budget has been used for the aforementioned programs. A s mall amount of
grant funding has been u sed for overtime through the Ju stice Assistance Grant to
pay overtime to police officers and CSO's to pa trol and work with di stressed
neighborhood s in East Wheat Ridge. In 2014, the C it y Manager's Office had a
$20,000 budget for community program s. This money was us ed for a targeted
effort in a di s tressed area of East Wheat Ridge employing dumps ters, as a means
to help pro perty owners clean up un sightl y o r poorly maintained pro perties.
• Seasonal CSO Program -th e department hires seasonal CSO's to assist with
nuisance code enforcement and parks enforcement. In 2014. th e budget allowed
the depa rtment Lo in c rease the number of seasonal positions rro m three to seven
Staff Report: Code Enforcement Programs
Jan uary 5, 2015
Page 3
in an effort to be more proacti ve with nuisance code enforcement and parks
enforcement. There ha ve been two challenges in adding these additional
seasonal CSOs-supervision and training. which has been partially addressed by
creating a Lead CSO position in 2014. Ha ving available vehicles for the
seasonal staff to utilize is a s ignificant concern. An additional vehicle was
requested in the 2015 Budget~ however, it was cut from the budget prior to
Council's approval of the final budget.
• Large Ttem Pickup Program -this program is offered through the Public Works
Department on an annual basis for residences located within the City. The fir st
275 Wheat Ridge residences that register are eligible to have one large bulky
household item picked up . A list of approved large items for pickup can be
found on the City website. Public notice is given regarding the program and
citizens contact the Ciry approved vendor for a pickup.
• Education and Media -the Police and Community Development Departments are
proactive in the use of media to educate the public through the use of the
quarterly Connection's atticles, Mayor 's Matters, informational brochures and
quick reference handouts on a variety of City building code re-quirement s,
educational flyers utilizing Cody the Code Ranger. the City website, Channel 8
and Top-of-the-Hour videos. Many of the brochures and quick reference
handouts have been translated into Spanjsh.
• Senior Citizens -the Community Services Team has a resource list to ad dress the
unique needs of senior citizens and can assist in finding resources to address
nuisance code issues.
• Outside Partners -both departments make efforts to utili ze community partners
and outside agencies. Examples include Wheat Ridge 2020, Jewish Family
Services, local churches, Live Well Wheat Ridge, the Jefferson County Housing
Authority and DRCOG.
• Issues Group -Members of the Police, Community Development and Public
Works Departments meet monthl y to review current cases and strategize on
responses. It is not uncommon for the cases presented to have multiple
vio lations that are handled by different departments. These meetings allow for
representatives from each department to discuss specific properties, violations
and to detem1ine next steps that address all issues involving a relevant property.
While the City's efforts regarding commercial code enforcement has been primarily reactive and
in response to citizen or elected officials complaints, the Team does make a concerted effort to
focus on theW. 381h Ave. corridor between Sheridan and Wadsworth prior to the annual
Carnation Festival.
Ordinances and Processes
The Police Department and Community Development Departments reviewed relevant codes and
current processes related to residential and commercial nuisance code enforcement. After
reviewing current ordinances and discussing current strategies, there were no suggestions for
revising or adding to the existing Code of Laws o r the administrative model process moving
forward. The current abatement process works effectively and is used as a last resort or when a
significant public safety, health or welfare issue exists.
Staff Report: Code Enforcement Programs
January 5. 2015
Page4
There were no changes suggested for the Administrative Model Process. This process allows for
the efficient disposition of over 97% of the nuisance code enforcement actions taken by the City.
At the conclusion of these meetings, consensus was reached that the City is more effective today
than in the past in addressing nuisance code issues throughout the City. While primarily
reactive. the Police and Community De velopment Departments ha ve adopted a problem solving
approach and strive to be proactive with the resources available to them.
ALTERNATIVES
Staff recognizes that the long-temt success of revitalizing Wheat Ridge is tied directly to the
community's ability to clean up and/or redevelop properties that frustrate residents, deter further
investment and create a climate of fear, disorder and crime. Current conditions require the City
to be strategic in its application oflimited resources to making the City more attractive. Having
a strong nuisance code enforcement program coupled with the necessary administrative
resources is critical.
Ideally. the Ci ty's code enforcement activities would involve both a "carrot and stick'. approach.
This approach would incentivize property ow ners to reinvest in their properties in order to
achieve City goals.
Staff discussed numerous ideas to be more proactive in its approach to nuisance code
enforcement. These discussions focused on broad ideas that would improve the attractiveness of
the City and th e quality of life for its citizens. Staff is aware that our strategies should be
focused and decisions on the need for resources s hould be data-driven. With that in mind, staff is
recommending a multi-faceted approach, understanding that further direction from Council is
necessary.
Staff discussed the fea si bility of adding additional FTE staff to address City Council
concerns. There were many suggestions and s trategies discussed: however, staff
determined that adding full-time positions without a specific strategy or program would
not provide the results needed.
At the present time, the Police Depanment hires seven seasonal positions. These
positions have allowed the department to be more focused in the areas of residentiaJ
nuisance code enforcement. as well as parks patrol and enforcement. Adding these
positions without additional vehicles and finding workspace for these personnel to
complete their reports and make phone ca ll s ha s been problemati c.
ln reviewing how the City could be more proactive, s taff recommends maintaining the
seven positions: five as seasonal and two as non-benefited contingent (contract) positions
in 2015 and beyond. The department ha s $78,750 budgeted in 20 15 for these seven
positions. Hiring two non-benefited contingent positions to replace two seasonal
positions at a sa lary of S 16 per hour to work 30 hours a week for 2015 would require a
budget s upplemental in the amount of$27,000. This approach would allow the
department to use these two contract positions to focus so lely on nuisance code
Staff Report: Code Enforcement Programs
January 5, 2015
Page 5
enforcement problems in identified problem a reas or corridors. These positions would
not be responsible for parks and animal control enforcement. It is staff's opini on that the
additional cost of making these positions part-time, with paid benefits, is costly. 1l1is
approach gives the City flexibility to evaluate data and outcomes on an annual basis, and
make incremental changes as necessary.
This approach requires addi ng one vehicle to the existing fleet. A fully equipped vehicle
was requested in the 2015 Budget. Adding seven additi onal CSOs, during the busiest
m onths of the year, taxed the department's c urrent vehicle fleet. Staff is recommending
add ing one vehi cle, without the a nimal control cages. to th e Community Services Team
fleet. A standard utili ty truck with no animal control equi pment would cost
approximately $35,000 and would meet the needs contemplated with this a pproach.
APPROACH 2 -Problem Solving Strategic A pproach
Staff is recommending that a data-driven approach be utilized to add ress nuisance code
related issues in residential and commercial corridors. Staff would use data from calls for
service, service requests and observations to tar get two to three areas in the City that are
in distress (crime, traffic. quality oflife). Programs simi lar to the East Wheat Ridge
Communi ty Policing Project would be utilized to address these issues. This approach
would use the strengths of existing cross-departmental meetings, as well as collaborative,
community outreach programs.
For purposes of discussion, staff recommends identifying two neigh borhoods and a
commercial corridor to try this approach in 2015. Staff recommends identifying a
neighbo rhood in D istrict 2 and District 4, using a data-driven approach based on
historical call s fo r service in these areas. As in East Wheat Ridge, a coordinated
dumpster day would be provided for these problem areas. Additionally, staff
recommends identifying a comme rcial corrido r . i.e. W. 441h Aven ue between Harlan
Street a nd Wadsworth , o r Wadsworth between W. 35111 a nd 48111 Avenues.
The approach outlin ed above would be accomplished in 20 15 using the two contingent
part-time positions and existing staff resources, as available. Depending on the scope of
enforcement issues that are being addressed (landscaping, storage containers, dwnpster
enclosures, outside storage, parking lot surfacing, e tc.) staff wil l need to monitor whether
additional resources are needed to sustain such a program in future years. It may also be
necessary to get furth er C ity Council direction on what types of enforcement (as not ed
above) are of the highest priority to achieve th e City's beautification goals. Staff's intent
would be to report back to City Council in late 2015, with the results of this expanded
code enforcement program as described in Approach I and 2, above.
APPROACH 3 -Nei&hborhood/Commercia l Corridor Revitalization Program
The Neighborhood Revitalization Strategy e ncouraged C ity Council to focus on strategic
and focused "wins" vers u s a citywide approach. A s trategic revitalization p rogram
allows th e C ity to target ava il able resources to c reate attractive neighborhood s and
vibrant commercial areas. A more comprehen sive commercia l code enforcement
program could include a three-pronged a pproach of: I) education and outreach 2)
Staff Report: Code Enforcement Programs
January 5, 20 15
Page6
sys tematic code enforcement inspections, and 3) public and private investment through
the City's capita l budget. and ~,>rants and loans for private property.
Such a program could be relatively resource intensive. Staff will be better positioned to
define such a program, and identify resource needs after the 20 I 5 trial -peri od for the
alternatives out lin ed in Approaches I and 2. For 2015, staff proposes to work with
WR2020, the Wheat Ridge Business Association (WRBA). and other identified
stakeholders to identify existing grant and loan resources that could be made available to
commercial property owners where code enforcement activities are occurring.
For Approaches I and 2 to be s uc cessful, ultimately there may be a need to commit
capi tal funding that the Cit y ca n make available to inccntivize property ow ners to
reinvest in their property. The City could work with existing organizations (WR2020 or
WRBA) to de\elop a program and criteria tor the use of these financial resources.
RECOMMENDATIONS:
Proactive nuisance code education and enforcement efforts arc critical elemen ts in addressing
property decline. and in preserving sound neighborhoods and vibrant commercial corridors.
When used proactively, nuisance code enforcement can assist in identifying, halling and
reversing property decline. Staff recommends moving forward with Approaches I and 2 tor
2015. These approaches allow the City to be flexible and focus on problem areas in specific
neighborhoods and commercial areas. This plan gives staff the opportunity to assess challenges
and opportunities from this approac h, gather data and provide City Council with infom1ation
necessary to make decisions on a more comprehensive approach as envisioned in the
neighborhood /commercial area revitalization program (Approach 3) for 2016 and beyond. Staff
from Community Development, the Police Department, and Public Works will meet monthly to
discuss strategies and outcomes from Approaches I and 2, as\\ ell as identify priority issues, and
develop respo nses to address these issues. Lastly, staff would provide City Council information
on an annual basis regarding the outcomes of these strategic approaches, and recommendations
for changes or additions to this program.
Staff also recognizes that City Council may have specific policy issues. or issues they would like
to see addressed. in this approach. Staff requests additional Council direction as to which types
of commercial code enforcement issues are of the highest priority, such as landscape
maintenance, signs, storage con tainers, tras h dumpster enclosures, parking lot maintenance, or
others. Lastly, staff will continue to look at right-of-way maintenance and stom1water issues as
they apply to broader code enforcement issues.
ATTACHMENTS:
I. August 4, City Council study session staff memo
DB
... ~A<~
~ ., Ci ty of ~Wheat&_dge ~OLICE DEPARTMENT
Memorandum
TO: Mayor Jay and City Counci l
THROUGH: Patrick Goff, City Manager
FROM: Daniel Brennan, Chief of Police
Ken J ohnstone, Community Development Director
DATE: Au!:,rust 4, 201 4
SUBJECT: Code Enforcemen t Strategies
ISSUE:
City Council identified code enforcement as an action agenda item during the 2014 City Council
retreat. Council was in agreement that code enforcement is important, and th at it shou ld be
strengthened and applied equa ll y throughout the Ci ty. S taff was directed to bring this topic to
City Council for further discussion.
In prepari ng for this presentation, staff from the Community D evelopment, Public Wo rk s, Parks
and Recreation and Police Departments met to review current efforts by City departments that
address code enforcement. Staff segmented code enforcement efforts into the following areas:
• Residential Code Enforcement
• Commercia l Code Enforcement
• Hotel/Motel and Multi-Family Code Enforcement
• Rental Inspection Program
• Roadway and Right of Way Maintenance Program
• Stormwater
The C itizen Survey conducted in 2012 shows strong s upport for enhan ci ng City code
enforcement efforts. To summarize the survey results, the C i ty's quality of life ratings were
below th e national and Front Range benchmarks, w ith 50% of the respondents rating the City as
"fair" or "poor" in this area. Ratings related to the ph ysical attractiveness of th e C it y as a whole
were "much below" national and Front Ran ge compari so ns. S ixty-six percent of the respondents
rated code enforcement as "important." Sixty-fo ur percent of the respond ents replied that a re n tal
property inspection program was "essenti al" or "very important," and 71% of the ci ti zen
respondents answered that th ey would "strongly" or "somewhat" support the City implementing
a multi-family housing rental in spection program (Attachment 1).
PRIOR ACTION:
Historically, the responsibilities for code enforcement were assigned to va ri ous City
departments. In the 1990's, as the C ity of Wheat Ridge began to deal more with the enforcement
Attachment 1
Study Session Staff Report: Code Enforcement Strategies
August 4. 2014
Page 2
of code ordinances by community request. it found the process to be difficult and inconsistent,
often with conflicting direction being given to the staff tasked with this function. In 2000. City
Council moved the code enforcement duties from the Community Development Department to
the Police Department's Animal and Parks Enforcement Unit. The unit was renamed the
Community Services Team in 2007, to more accurately reflect the Police Department's
commitment to neighborhoods and community quality of life issues. These new responsibilities
were assigned without any increase in staffing. The additional code enforcement duties
increased the number of calls for service by approximately 40%. Community Development
maintained a property code inspector position, responsible for complaints related to fences.
dumpsters, lighting and commercial parking surfaces. Parks and Recreation remain ed
responsible for maintaining roadway and right-of-way maintenance for certain locations, and
Public Works had the responsibility for code enforcement issues related to stonnwater and the
floodplain.
In 2007. the City adopted the Administrative Enforcement Pro cess and related o rdinances.
These ordinances allowed staff to utilize an administrative process to handle and address certain
code violations, rather than the use of the fonner due process model. As the Administrative
Enforcement Process was ro ll ed out, the Police Department worked on a program and marketing
strategy to ed u cate community members on the process. In 2008, the Police D epartment
introd uced lhe Cody. the Code Ranger program to meet this need. The purpose ofthis program
was to put a friendly face on an unpleasant topic, code enforcement. Cody has been used on
letters. brochures. and the website to send a proacti\ e educational message to property owners.
and now animal owners (Attachment 2).
In an effort to respond more effectively to nuisance code issues during the summer months of
2010, the department received funding to hire three seasonal community services officers
(CSOs). These seasonal employees served as proactive force multipliers, providing assistance in
identifying problem properties, assisting with proactive code enforcement in certain areas of the
City. issuing warning notices. and assisting w ith park education and enforcement responsibilities.
In 20 II. the property inspector position was moved from the Community Development
Department to the Community Services Team in the Police Department. The integration of the
duties of the property inspector position into the current duties of th e CSO's made sense in terms
of efficiency and customer service needs. All CSO's ar c finishing up educational requirements to
become certified property maintenance housing inspectors and will re-certify every two years.
In 2014, four additionaJ seasona l CSO positions were added, increasing the scope of the nuisance
code progran1 and responding to citizen concerns related to safety in the City parks. The
addition of these positions increased the responsibility for the CSO supervisor, resulting in
reclassification to a lead CSO position. The department has aJso been challenged in providing
the Community Services Team with vehi cles, due to the increased s taffin g.
The Community Services Team perfonns a unique combination of public safety functions, i.e.
code enforcement, animal control and parks enforcement. Ln many neighboring jurisdictions,
these functions are handled by separate and distinct units or teams.
Study Session Staff Report: Code Enforcement Strategies
August 4, 2014
Page 3
FINANCIAL IMPACT:
The Community Services Team is comprised of one s upervisor and five CSOs. From
approximately May through AugusUSepternber, the staffing increases with the hiring of seasonal
CSOs. The CSO supervisor reports to the Patrol Operations division chief. Funding is budgeted
in the Community Services Team budget, Program 203, and Special Fund 63, the Crime
Prevention/Code Enforcement Fund.
The 2014 Budget for the Community Services Team programs (Program 203 and Fund 63) is
$449,385. with $390,548 of that amount used for salaries of pem1anent and seasonal employees.
Personnel costs account for 87% of the total budget. The Parks and Recreation Department
budgets $55,000 (not included in the total s above) for a contract to maintain certain right-of-
ways throughout the City. As Council provides direction to staff, additional costs can be
calculated for personnel and /o r programing enhancements.
BACKGROUND:
In the City's early history, no specific processes were in place to add ress nuisance code issues.
Some elected officials had strong feelings about nuisance code enforcement and did not want
code enforcement efforts to occur within their districts. At that time, when a complaint was
received and a violation existed, the code enforcement officer would issue a warning and make
an effort to work with the property owner to address the violation. There were no timeframes
imposed on the code enforcement officer or the property owner in completing this process. If the
violation(s) remained unresolved, a citation could be issued to the property owner. Issuing a
citation generally delayed addressing the nuisance issues as the case had to be set for an
arraignment, trial and disposition. Two major problems with this model were identified: First,
citizens often expressed that they felt like criminals in this process. Second. the process took a
very long time to complete in some cases. Once issued a summons, the wait for a Court date was
six to eight weeks. Coupled with continuances and other legal proceedings, by the time a
violation , such as overgrown weeds, was addressed, the weed s had continued to multiply to
ridiculous levels. TI1e citizen who had complained about a violation grew more and more
frustrated by the lack of visual results to their cry for help.
In 2005, the Neighborhood Revitalization Strategy Report was adopted by City Council The
report identified tbe need for a commitment by City Council to address the appearance of the
City. and improve code enforcement in a variety of areas, including nuisance codes, sign codes,
commercial areas, n eighborhoods and rental properties. Ten key strategies for repositioning
Wheat Ridge were approved by City Council.
In 2005, staff began to investigate strategies that would speed up tbe process in addressing
nuisance code issues. A so lution emerged that would move nuisance code enforcement from a
due process model, which can best be described as beyond a reasonable doubt, to an
admin istrative model, which relied upon a preponderance of evidence. The administrative model
operates more efficiently by estab li shing appropriate and specific timelines for a property owner
to come into compliance. It establishes specific and significant penalties for first, second and
third offenses, and allows for a timely hearing process before an administrative hearing officer.
The process still allows for a criminal code enforcement process, if required. The process of
Study Sess ion Staff Report : Code Enforcement Strategies
August 4, 20 14
Page4
changing to an administrati ve enforcement model enabled the City to be more responsive to
community co ncern s regarding code enforcement issues: and minimized the time and effort spent
by City employees in achieving compliance from property owners.
The City Code of Law s st ill al lows an authorized City ofticcr to seck abatement through the
Municipal Court, to bring a property into compliance, when needed. Abateme nts are generally
la st reso rt s, or are used in situations when a nuisance ca uses an imminent danger to the pub lic
health, safety or welfare of the comm unit y.
As stafi'began to meet on the issues related to code enforcemen t in the Ci ty, th ey were able to
separate the issues associated with code enforcement into six focus areas as s ummari zed be low :
Re sidential Nuisance Code Enforcement
In the la st City citizen s urve y. 66°1o of the re s pondents indicated that they believed code
enforcement se rvices were important, essential services. Residential code enforcement efforts
are primarily focused on citi.ten complaints and proactive efforts by CSOs rela ted to weed s, junk,
trash, debris, vehicles parked on unimproved surfaces, and complaints related to the exterior
appearance of residential unit s. To help understand the problem s associated with residential
nui sance code enfo rcemen t, the following data highlights the sco pe of nui sance code
enforcement and chart s documented act ivity from 2008 -2013:
N uisance Code E nforcement 2008 2009 2010 2011 2012 20D TOT AL
Call l> for Sen icc 1.010 1.165 1.057 1.157 1.297 2.00X 7.767
Warning~ Issued sn 812 !Gb 711 ~49 1.524 5.604
I " Citations/Complianc) 1411 /ll4°o 137 83°o 144 X3°o 123 XJ 0 o 106 87°u 17\ j\<)0;, 821 1!5°n
l "a Citntionb/Co mpliancy 32 1%% 40 1 95 °'11 ..S & I Q4% 5-I /I)~% 37 960tc, .tl 97°~ 252 1 95'\n
3n1 C ltations/Compli a o c) 5 <)<) t)I)O 0 1-1 9.9S0 o 15 ·9.98~. 22 99.97° 0 19 9S"o 16 <)t)O 0 91 98°o
Admin Uearings 24 '\•o 21 2.5°o 10 /1% 7 ~·~ 14 JOo 20 ~·~ 96 .02 °n
Abatements Ill 2°o 24 l,O.' -. 21 2.5°o 14 , 2°o 18 2°o 17 1"' .. 110 1.02 ~.
C rim inal C harge-s () 0 () () ) ) 0
Fines Assessed S45.460 $49.706 S53.840 $53.<)10 ~4 7.120 $7 1.355 $267.551
Ab arcment Fees A ssessed $9,522 $10,240 $21.067 $9,229 ~ 17,476 $1 5.099 $82.633
As mentioned, CSO's are responsib le for not only code enfo rcement, but anim a l control and
welfare and d ulies re lated to parks. Calls for service (CFS) related to each of these func t ions
increases in the spring and summer months before decreasing somewhat in the fall and winter
months. Increases in CFS often impacts th e a vailable time CSO's have 10 devote to proactive
nui sance code enforcemen t efforts.
Study Session Staff Report: Code Enforcement Strategies
August 4, 2014
Page 5
On at least a monthly basis, the department cond uc ts an analysis of crime, traffic and quality of
li fe issues in the C it y. As problem locations are identified, problem-solving strategies are
developed in an effort to address the issues. For example, the Community Services Team
partnered with patrol officers, WR2020, Live Well Wheat Ridge and various volunteer agencies
in addressing crime, traffic. quality of life and nuisance code issues as part of the East Wheat
Ridge Community Policing project. This effort included meeting with and educating property
owners on the observed violations, as well as providing information to them regarding available
resources. Staff listened to the concerns of residents as well. This outreach approach was
followed up with a neighborhood clean-up day. In the most recent cleanup event, staff asked
citizens to complete a qualitative survey on the benefits of this program. Overall, citizens
expressed their appreciation for the program, and expressed a desire for more cleanup efforts in
this neighborhood. After the cleanup effort, CSO's conducted a drive-through of the designated
area, and the owners of properties with remaining nuisance code violatio ns were issued a
warning notice that addressed the observed violations.
Staff has identified the need for a more robust residential nuisance code education and
enforcement program to assist in addressing simi lar quality of life issues in other areas of the
City. Staff feels that the successes documented in the East Wheat Ridge Community Policing
Project could be replicated in other areas with increases to staff and probrran1 budgets. Current
staffing does not allow for a more encompassing citywide approach.
Multi-Family Housing Rental Inspection Program
The 2005 Neighborhood Revitalization Strategy document identified a need to improve existing
multi-family rental properties in the City. Some of the problems identified included the age of
the rental stock and low quality of the property maintenance. The last citi.£en survey pointed out
that the City was either below or much below national and Front Range benchmarks on questions
related to a place to live and a place to ra ise children. In this survey, residents expressed strong
support for a rental housing inspection program. In th e 2010/20 II City Coun c il Strategic Plan ,
City Counci l identified an apartment/multi-family ren ta l inspection program as a high priority.
Research indicated that communities implementing a systematic inspection program for multi-
family rental properties provide a higher quality of li fe and ensure health and safety for citizens.
Increased levels of rental property maintenance can result in higher property values within a
community. Staff presented information on a multi-family property maintenance program to
City Counci l on March 5, 2012 (Attachment 3). Council gave direction to staff to bring forward
a pro&,rram for a multi-family property inspection/registration program, to include the adoption of
the 2012 Property Maintenance Codes (IPMS); include all multi-family complexes often plus
units in the program~ address exterior and interior property maintenance safety concerns~ require
mandatory registration for all complexes with ten o r more units; and develop a phased,
incremental approach. On September 24, 2012. a multi-family property inspection/registration
program was presented to City Council. A consensus was reached to not move forward with the
program.
Staff stiU considers a multi-family rental inspection program to have s ignificant value in
improving the overall attractiveness of the community and improving quality of life. Based on
2010 census data. just over 45% of all households are renters. Among renter-occupied units in
Study Session Staff Report: Code Enforcement Strategies
August 4. 20 I 4
Pa ge6
the City, two-thirds (67°,o} are in buildings comprised of nine units or less. and the remaining
third (33%) are in complexes with ten units or more. Wheat Ridge historically and presently has
had the lowest average rental rates in Jefferson County. Based on 2012 estimates, median gross
rent in Wheat Ridge was $805 compared with $958 in Jefferson County and $946 in the Denver-
Aurora-Boulder Combined Statistical A rea. These low rental rates are a strong deterrent to the
private sector making investments in new, high-quality rental housing.
Commercial Code Enforcement
The City's commercial corridors were identified as a high priority item in the 2010/201 I City
Council Strategic Pl an. Commercial properties present different code enforcement challenges,
i.e. signs, parking, landscaping, parking lots, dumpsters and outside storage. The approach
towards commercial code enforcement issues has primarily been reactive. except for efforts by
CSO's along theW. 381h Avenue corridor prior to the Carnation Festival parade. The
Community Development Department and CSOs have helpful education brochures on all of the
aforementioned topics and infonnation on City requirements is provided to new property and
business owners.
Historically, staff has had less opportunity to be proactive in this area, oftentimes reacting to
complaints. Staff feels strongly that a strategic education and enforcement approach in this area
offers opportunities to make significant improvements in the City's commercial zones. This type
of a program would require personnel resources in both the Community Services Team and
Community Development Department. Staff agreed that a new commercial code program could
potentially incorporate additional loan and/or grant programs to give business/property owners
the incentive to improve the physical appearance of their properties. Staff agreed that any
changes 111 the City's approach to commercial code enforcement would involve a lot of outreach
and education by the City with the business and development communities.
Hotel/Motel Code Enfo rcement
Nationally. lower tier motels are more likely to experience problems with crime and disorder.
The majority of hotels/motels in Wheat Ridge fall into this lower tier. These locations offer
relatively low rates that attract transitory long-tenn residents. rather than overnight lodgers. The
corridor of 1-70 and Kipling accounts for a sibrnificant number of ca11s and consumes an
inordinate level of police resources compared to other locations in the City. These calls include
a wide variety of crim e and order-maintenance calls for service.
Th e City collects a ten percent lodging (accommodations) tax on the price of rooms or
accommodations that are leased, rented or otherwise furnished by agreement and for
consideration to one occupant for less than 30 days. Some of the lodging tax is used for
educational efforts and inspections directed at multi-family housing and hotel/motel properties.
CSO's work with members of the building division and a fire protection district official to
conduct annual health and safety compliance inspections of all hotel/motel rooms in the City.
The issues associated with hotels/motels and multi-family housing units along the 1-70 and
J<jpling corridor go beyond issues related to code enforcement. The Police Department offers
Crime Free Hotel/Motel and Crime Prevemion through Em ·iromnental Design training to both
Study Session Staff Report: Code Enforcement Strategies
August 4, 2014
Page 7
hotels/motels and multi-family units, with mixed results, in an effort to gain cooperation from the
owners and managers of these properties. Other crime prevention strategies have been employed
to address crime and order-maintenance issues.
In past annual inspections conducted by City staff and local fire marshals, significant nuisance
code/safety issues were identified. Staff has worked with the property owners and managers on
bringing these properties into compliance. Staff reports that the inspection program can continue
with no additional budgetary needs. Staff acknowledges that there are some additional policy
and ordinance stra tegies that can be researched and brought back to City Council for
consideration including regulating through ordinance management practices in those
hotel s /motels with higher calls for service; establishing and enforcing minimum hotel /motel
functionality and security standards: requiring identification from renters, adult guests and
visitors: maintaining and enforcing no rent and no trespass lists and requiring training for all
managers and clerks. Police Department staff is in the process of evaluating potential responses
and will update City Council on any recommendations.
Roadway and Right-of-Way Maintenance Program
TI1e perception residents and visitors have of the City's transportation corridors and rights-of-
way are important in creating a sense of safety and attractiveness that can positively or
negatively affect the perception of the community. The City has a contract with a private vendor
for roadway and right-ot:.way maintenance at various locations. This contract provides for
sidewalk cleaning, trash pick-up, mowin g and chemical control of weeds and tall grass in the
rights-of-way. City Council adopted the scope of the area designated for right-of-way
maintenance in 2005 (Attachment 4). Prior to 2003. Public Works was responsible for this
maintenance. During budget cuts in 2003, City Council adopted a policy stating the property
owner was responsible for right-of-way maintenance. The result of this policy was that
maintenance was not completed on a majority of the right-of-ways along major streets , arterials
and corridors.
Since 2005, the Parks and Recreation Department has been administering the contract for right-
of-way maintenance, which includes the activities li sted above. The scope of work has increased
with the addition of speci fie areas and projects such as the landscaping at W. 49th A venue and
Kipling. Any changes or modifications to the current scope of work would require increased
funding.
Stonnwater
Stormwater-related compliance issues are generally regulated through s tate and local provisions,
as well as the City Code. The Public Works Department generally monitors and enforces
stonnwater regulati ons through construction permits, and as required through state and federal
regulations under provisions of the City's National Pollution Discharge Elimination System
(NPDES) permit. When compliance becomes more problematic, Public Works is assisted by the
Police Department. Public Safety is always the highest priority when allocating resources
toward compliance and enforcement.
Stormwater compliance generally falls into t\1,10 areas: Illicit discharges (runoff) and
Study Session Staff Report: Code Enforcement Strategies
August 4, 2014
Page 8
construction runoff (both during const ru ction and post construction). Larger public and private
construction projects are permitted activities and compliance and enforcement issues are
generally not as problematic. Non-perm incd illicit discharges can consist of a variety of
activities that may include th e following: Smaller construction activi ti es, illegal miscellaneous
activities on pri vate properties , and/or other non-conforming activities that ma y result in illegal
runoff into the City's storm sewer system. The Public Works, Police. and Community
Development (Building Division) Departments work together in dealing with these activities and
issues. Illi cit discharges consume the majority of staff time and resources with regards to
stormwatcr compliance.
A third area related to stormwater compliance is activities in the tloodplain and floodway
(primarily of Clear Creek) that may be illegal in accordance with state and Ci ty regulations. To
date. enforcement has been reacti' e and complaint-based.
The Police and Public Works Departments continue to streamline and improve stonnwater-
relatcd co mpli ance and enforcement. including additional tra ining, procedural reviews, and
analysis of the City Code to determine if updates are needed . In addi tion to compliance and
enforcement. s taff continually works to provide public education as resources a ll ow. Public
education has consisted of open public meetings. one-on-one dascussions with property owners.
use of media, the City's website, and/or other means of providing information as opportunities
arise. Publi c Works is not recommending any changes to their current stormwatcr program.
RECOMMENDATION:
The purpose o f this s taff report is to provide City Council with a broad understanding of the
City's current approach to code enforcement. As you can see, code enforcement is comprised of
a di\ erse set of regulatory ordinances related to public safety, 7oning. citywide cleanliness, signs.
vehicle issues and environmental matters, such as stormwatcr. In Wheat Ridge, code
enforcement encompasses all o f these areas a nd is intended to ensure quality of life in
neighborhoods, parks, and commercial corridors. Code enforcement is an important strategy in
maintaining public safety.
Staff is in agreement that the City is doing everything it can do with its current staffing and
budgets to maintain the programs and strategies that are in pl ace today. While the C ity is not
entirel y reactive when it comes to these issues, our proactive efforts (East Wheat Ridge) have
been strategic in their application. Staff is in agreement that adding additional programs.
education, and enforcement efforts will need to be strategic and some will require more staffing
and a budget commitment. One positive outcome of these meetings is the recommendation to
develop a code enforcement strategy plan. which wouJd encompass all City department programs
related to code enforcement. Staff will begin working on this plan soon.
Based on these discussion topics, staff is asking for direction from Council o n the code
enforcement programs they wou ld like to add or enhance in the future.
ATTACHMENT:
l. 20 12 Citizens Survey/Report of Results
Study Session StaffReport: Code Enforcement Strategies
August 4, 2014
Page9
2. Cody the Code Ranger brochure
3. MuJtj-family property maintenance staff report. March 5. 2012
4. ROW Maintenance Program map
08/ck