Section 9-17-1. Title. This article shall be known and cited as the Property Maintenance Ordinance.

[Source: Ord. 1734, 2017]

Section 9-17-2. Blowing Dust.

The City Council hereby finds and declares that the maintenance of any lot or lots or vacant land within the City of Northglenn so as to permit dust, blowing soil or blowing sand is detrimental to the health of the general public and the residents of the City of Northglenn and territory adjacent thereto, and a source and cause of damage to real and personal property; therefore, the maintenance of any such lot or lots or vacant land within the City so as to permit dust, blowing soil or blowing sand is hereby declared to be a public nuisance.

It is unlawful and deemed a nuisance for the owner or occupant of any lot or lots or vacant land within the City of Northglenn to maintain said lots or vacant land in such a manner that permits dust or blowing soil or blowing sand in a manner determined by an officer of the Tri-County District Health Department to be detrimental to the health, or the damage or injury of any of the inhabitants of the City of Northglenn or the inhabitants of any territory adjacent to the City of Northglenn.

It is unlawful and deemed a nuisance for the owner or occupant of any lot or lots of vacant land within the City of Northglenn to maintain said lots or vacant land in such a manner that permits dust or blowing soil or blowing sand which is deposited on other property, or which is deposited upon or within any public street, public highway or public way.

[Source: Ord. 1734, 2017]

Section 9-17-3. Weeds and Grass Control.

On developed lots or parcels, it is unlawful and shall be deemed a nuisance for the owner or occupant to allow the property to become overgrown with weeds or grass of any kind or nature. The owner or occupant shall keep the property substantially free of weeds. Weeds shall be controlled by removal or use of herbicides. It is unlawful and deemed a nuisance for the owner or occupant of any developed lot or parcel to allow turf grass to grow to a height of eight (8) inches or greater.

On undeveloped lots or parcels, it is unlawful and shall be deemed a nuisance for the owner or occupant of any property to permit weeds or grass to grow on such property to a height of more than eight (8) inches within a distance of one hundred (100) feet of any public street, publicly owned property, or within a distance of one hundred (100) feet from any privately owned developed property.

For purposes of this Section 9-7-3, developed shall mean any parcel of ground on and on which any building has been constructed or which is used for parking or storage, or on which any use recognized under Chapter 11 of the Northglenn Municipal Code occurs.

[Source: Ord. 1734, 2017; 1765, 2019]

Section 9-17-4. Trees and Shrubs Overhanging Public Rights-of-Way. It is unlawful and deemed a nuisance for any owner or occupant of private property to allow branches of trees, shrubs, bushes or any other plant material growing on property owned or occupied by them to:

Overhang public streets in the first 14 feet of space above the street, or in such a manner that the branches interfere with the safe and unobstructed movements of vehicles on public streets;

Encroach upon public sidewalks or overhang the first eight (8) feet of space above public sidewalks, or otherwise interfere with pedestrian traffic on such sidewalk; or

Overhang public rights-of-way in such a manner that the branches visually obstruct motorists' view of traffic signs and traffic signals.

The authorized inspector shall give written notice, as provided by Sections 9-11-7 and 9-11-8, to the owner or occupant of any property abutting City rights-of-way or other public property of any condition deemed unsafe caused by trees and other vegetation overhanging or projecting from such abutting property and onto or over such right-of-way or other public property which creates an unsafe condition. It shall be the duty of the authorized inspector to correct any such unsafe condition immediately upon the expiration of the notice periods specified in the notice of abatement.

[Source: Ord. 1734, 2017; 1765, 2019]

Section 9-17-5. Landscaping.

Landscaping in all zone districts except Agricultural, Single-family Residential and Open Zones the following landscape maintenance requirements shall apply:

All landscaping shall be continually maintained, including necessary watering, weeding, pruning, and replacing in a substantially similar manner as originally approved by the Commission and/or Department of Community Development, unless altered with the written approval of the original approving party.

All property owners shall landscape and maintain the unpaved portion of City right-of-way abutting their property with the exception of owners of single family residential properties abutting access controlled arterials. All City right-of-way access controlled arterials abutting single-family residential properties shall be maintained by the City. Access controlled arterial shall mean 104th Avenue, 112th Avenue, 120th Avenue, Huron Street and Washington Street.

Landscaping for single-family, two-family, townhouse, or patio home dwelling units located in R-1, R-1-A, R-1-B, R-1-C, R-2, R-3, or PUD zone districts.

Owners of existing dwelling units installing 75% or more new landscaping shall comply with the landscape requirements in Section 11-6-14 of this Code within one (1) year following the project start date.

Owners of newly constructed dwelling units shall comply with the landscape requirements in Section 11-6-14 of this Code within two (2) growing seasons following the issuance of a Certificate of Occupancy for their home.

If the City of Northglenn is required to abate the violation and conduct maintenance, the City may charge the owner of the property the total cost for such services, based on a high average of fees charged by landscape maintenance firms, and a 50 percent (50%) additional administrative charge. The initial time frame for correction of this violation shall be thirty (30) days.

[Source: Ord. 1734, 2017]

Section 9-17-6. Construction and Maintenance of Off-Street Parking Spaces for Non-Residential Uses.

All parking areas shall be graded for adequate drainage based on sound engineering practices, shall be hard surfaced and maintained in good condition, free of weeds, loose trash, and debris. The storm runoff from a property must be managed so that it is not adversely affecting an adjacent property or the right-of-way and cannot be altered without prior City review and approval.

All public access points to a private property are to be maintained by the private property owner in a manner that provides safe access to the site. This includes any part of the access that is in the public right-of-way.

[Source: Ord. 1734, 2017]

Section 9-17-7. Maintenance and Repair of Fences, Screens, and Retaining Walls.

All fences, screens, and retaining walls shall be maintained in sound condition and good repair at all times. When a fence, screen or retaining wall is declared by an officer to be dilapidated or hazardous, the officer shall order that the fence, screen or retaining wall to be removed or repaired to a sound condition. Dilapidated shall include, but not be limited to, fences or screens which have broken or missing planks or portions, or which are out of plumb by more than one inch per foot of height measured at the posts.

Areas adjacent to fences, screens, hedges, and retaining walls shall be maintained in a clean, sanitary manner and shall be free and clear of all debris, trash, and weeds.

[Source: Ord. 1734, 2017]

Section 9-17-8. Trash Containers.

It shall be unlawful and a violation of this Property Maintenance Ordinance to violate Section 16-7-9 of this Code.

The following restrictions shall apply in all single family detached residential uses, as defined in Chapter 11 of the Northglenn Municipal Code:

No junk shall be stored outdoors.

Storage of all trash containers, when not set out for collection shall meet one or more of the following requirements:

Stored in the yard area behind the primary resdiential structure;

Stored in a carport or garage; or

Stored in the side yard of the primary residential structure adjacent to an exterior wall.

The lids of all such trash containers shall be closed at all times, other than when trash is being placed in or removed from the container, with no trash visible or overflowing.

The City Manager or the City Manager's designee may grant exceptions in the neighborhoods where certain housing types prohibit compliance with storage requirements.

The following restrictions shall apply for single-family attached residential uses as defined in Chapter 11 of the Northglenn Municipal Code:

No more than two (2) trash containers may be stored in front of the front line of the principal building and within five (5) feet of the property line.

Trash shall be stored only in trash containers acquired from or approved in writing by the City.

The lids of all such trash containers shall be closed at all times, other than when trash is being placed in or removed from the container with no trash visible or overflowing.

The City Manager or the City Manager's designee may grant exceptions in neighborhoods where certain housing types prohibit compliance with storage requirements.

[Source: Ord. 1734, 2017; 1765, 2019]

Section 9-17-9. Access to Fire Hydrants, Manholes and Meters.

All fire hydrants, manholes and water meters shall be installed in either public rights-of-way or in a location specified by the Director of Natural Resources. If such location is on private property, an easement, of necessity, across such private property shall be implied for all purposes related to the exercise of the City's rights and obligations pursuant to these ordinances. Each fire hydrant, manholes and water meter pit shall be placed and maintained so that it is readily accessible to the Department of Natural Resources personnel, away from trees and bushes and outside of fences.

It shall be unlawful for any water user or any person owning or possessing the property on which a fire hydrant, manhole or meter is located to block access to the hydrant, manhole or meter in any manner so that access to the hydrant, manhole or meter is prevented. If such obstruction is not removed within the period of time prescribed in the notice required in subsection (e) below, the water user shall be deemed to have consented to the City's entry onto the property for the purpose of removing the obstruction and gaining access to the hydrant, manhole or meter. All costs incurred in the removal of the obstruction shall be charged to the water user as prescribed in subsection (e).

It shall be unlawful for any person owning or possessing the property on which a fire hydrant, manhole or meter pit is located to fail to maintain landscaping around the hydrant, manhole or meter pit in a manner which provides at least three (3) feet of unobstructed access to and a view of the hydrant, manhole or meter from the public right-of-way and at least five (5) feet of vertical clearance above the hydrant, manhole or meter pit.

It shall be unlawful for any person owning or possessing the property on which a fire hydrant or meter pit is located to restrict access to the hydrant, manhole or meter pit from the public right-of-way by a fence.

It shall be unlawful for any person owning or possessing the property on which a fire hydrant, manhole or meter pit is located to fail to assure that landscape materials taller than four (4) inches are no closer than six (6) inches to the hydrant, manhole or meter pit or to allow any landscaping materials to cover any part of the hydrant, manhole or meter pit lid.

If the Director of Natural Resources finds that any person has failed to comply with any of the requirements of subsections (a), (b), (c), or (d) of this Section, the Director or his/her designee shall notify the customer pursuant to Section 9-11-7 and this provision may be enforced as provided for in Article 9-11.

[Source: Ord. 1734, 2017]

Section 9-17-10. Enforcement. Violations of this Article shall be deemed a nuisance and may be abated as such pursuant to Article 11 of Chapter 9 of this Code.

[Source: Ord. 1765, 2019]

Section 9-17-11. Procedures and Remedies Not Exclusive. The procedures and remedies set forth in this Chapter are not exclusive, and the City may utilize the procedures and remedies set forth in the Colorado Noxious Weed Act, C.R.S. § 35-5.5-101, et seq., as amended, in addition to or in lieu of the procedures set forth in this Chapter.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1801, 2020]