| Dacono Code Enforcement |
| Dacono Code Enforcement |
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| Code enforcement is an important and sometimes controversial issue in the City of Dacono, and in most communities. Regardless of the contrasting opinions on code enforcement individual members of the community hold, what is most important is that every member of the community has an understanding of the legal definitions, restrictions, and enforcement provisions of the Dacono Municipal Code. To help develop that understanding and reduce confusion the Dacono Police Department is providing a series of informational articles to explain various sections of the Municipal Code.
The Police Department will be initiating more pro-active code enforcement in the immediate future throughout the entire community. The Police Department has identified the three most widespread Municipal Code violations with the most serious impact on the community. Providing educational information to the community on those identified violations is the first step in the pro-active code enforcement. With the educational information will come increased code enforcement. After the first three most widespread Municipal Code violations have been addressed, the Police Department will identify another group of violations and repeat the process. It is important to remember that the ultimate goal of the Police Department is universal compliance with the Dacono Municipal Code. To that end we will be as reasonable as possible in enforcing the Municipal Code. But we are firmly committed to the goal of compliance for the benefit of the entire community. Sections 8-30 through 8-41 of the Dacono Municipal Code concern abandoned or junked vehicles. An “abandoned” vehicle is a vehicle left unattended on private property for 72 hours without the consent of the property owner, the individual leasing the property, or the legally authorized agent of the owner or the individual leasing the property. An “abandoned” vehicle is also defined as a vehicle left unattended on public property, including any portion of a public street, for 24 hours or longer unless the owner or driver has conspicuously placed on the vehicle a dated notice that the owner or driver will return to the vehicle to remove it within 72 hours. Instead of placing a note on the vehicle, the owner or driver may notify the police department that he or she will return to remove it within 72 hours. In other words, for you to legally leave your vehicle unattended on public property for up to 72 hours you must place the dated notice on the vehicle or notify the police department within 24 hours. To avoid being considered “unattended” on public property, your vehicle must reasonably show some evidence of movement or use. Rolling a vehicle a few feet does not reasonably demonstrate evidence of movement or use. Accumulations of dirt and debris underneath a vehicle are clear evidence that the vehicle has not been moved and may be considered “unattended.” The term “junked” vehicle does not reflect the personal opinion the Police Department has of your vehicle. Some people object to their vehicles being identified as “junked” vehicles because they do not consider the vehicles to be “junk.” They see their vehicles from a personal or sentimental perspective. They may be keeping the vehicle for spare parts. Or they may be restoring or repairing the vehicle over a long period of time. For a vehicle to meet the legal definition of a “junked” vehicle in the Municipal Code it has to meet one of three criteria. It does not have valid, unexpired license plates, unless the vehicle is specifically exempted from motor vehicle licensing requirements by the state. It is wrecked, damaged or substantially dismantled to an extent that it is inoperable. Or although designed to be capable of moving itself when in proper repair, it is in a condition making it incapable of being moved under its own power or it does not have all tires inflated. “Private property” is any real property, like a residence or business, which is within Dacono but is not a “public way.” “Public way” means the entire width between the boundary lines of every way, such as a street or road, which is publicly maintained (maintained by the City), when any part of that way (street or road) is open for use by the public for vehicle traffic. In simpler terms, a “public way” is the area between the boundary lines of every street or road maintained by the City that is used for vehicle traffic. Under the Municipal Code a “vehicle” is any machine propelled by power other than human power. Under this Municipal Code definition, a typical bicycle is not a vehicle. The definition of “vehicle” includes campers and trailers. A more complex definition of “vehicle” includes other equipment designed to be carried upon or towed by a powered vehicle traveling along the ground by using wheels, treads, runners, or slides or carried upon the powered vehicle to transport people or property or pull machinery. The Municipal Code clearly specifies that the definition of “vehicle” includes automobiles, trucks, trailers, campers, motorcycles, motor scooters, tractors, and even buggies, wagons, and airplanes. Under the Dacono Municipal Code a Police Officer or the Community Resource Officer may remove a vehicle to the nearest place of safety or an impound lot when one of several conditions are met, but only after making practicable efforts under the circumstances to locate the owner of the vehicle. If the vehicle owner cannot be located, based upon the judgment of the Police Officer or Community Resource Officer the vehicle may be removed: • When it is left unattended on any bridge, viaduct or underpass in such a way as to obstruct traffic. • When it is on a street or road and is so disabled that it obstructs traffic or the driver of the vehicle, because of injury or any other reason, is so incapacitated that he or she is unable to arrange for the removal of the vehicle. • When it is being driven on a street or road and not in the proper condition to be driven. This is commonly referred to as an unsafe vehicle. • When it is left unattended on a street or road and is parked in a way that creates a hazard or obstruction to the normal movement of traffic or to the maintenance of that public way. • When it is abandoned within Dacono. • When the driver is taken into custody by a Police Officer and the vehicle would therefore be left unattended upon a street or road. • When it is necessary in the interest of public safety due to fire, flood, snow, storm or other emergency. • When it is on public property and is a “junked” vehicle. This will be more fully explained in a subsequent article. • When the license plates are not displayed or the incorrect license plates for the vehicle are displayed as defined by state law and the vehicle is parked, attended or unattended, or traveling on a street or road. The next article in this series will explain the provisions regarding “junked” vehicles and how Police Officers and the Community Resource Officer respond to and investigate incidents involving “junked” vehicles. If you have any questions regarding the Dacono Municipal Code and how it applies to “abandoned” or “junked” vehicles, please contact the Dacono Police Department at 303/833-3095. |
| TRASH, RUBBISH, AND WASTE MATERIALS Trash, rubbish, and waste materials. Sometimes one person’s trash is another person’s treasure. But there are legal definitions in the Dacono Municipal Code that describe “trash, rubbish, and waste materials” and the response authorized by the Police Department. Rubbish is waste of any form, size, kind or description. The list is extensive- food; paper and paper products; bottles; cans; cut plant material including weeds and brush; wood; glass; scrap metal or lumber; discarded building materials, furniture or furnishings; abandoned, unused, broken, or inoperable machinery or machinery parts, motor vehicle hulks, bodies, or parts; or any other form of waste material, junk, garbage, trash, refuse, foreign substance or debris. Rubbish cannot be placed, left, deposited, or disposed of on any street, alley, or other public place or on any private property unless it is wholly contained within a proper rubbish container for collection. Any accumulation of rubbish that is in violation of this provision of the Municipal Code is prohibited as a nuisance. The Police Department, and particularly the Community Resource Officer, is authorized to examine every property believed to contain an accumulation of rubbish. The person responsible for the accumulation of rubbish, or the owner, tenant, lessee, or occupant of the property, is issued a written notice of the accumulation of rubbish. The written notice orders the elimination of the accumulated rubbish within a reasonable time. A “reasonable time” is determined by the Police Department as the time required to remove the accumulated rubbish and correct the unlawful condition. It is important to be aware that the written notice is not required before an individual can be prosecuted for an accumulation of rubbish and failure to receive the written notice is not a defense to prosecution. The written notice can be legally served by posting on the property in violation, personal service to the violator, or receipt by certified mail. Failure to remove the accumulated rubbish by the time specified in the written notice is a violation of the Municipal Code. If a person fails to comply with the written notice, the accumulated rubbish may be removed by City employees or private vendors hired by the City. This is in addition to prosecution for violation of the Municipal Code. The entire cost of the removal, including administrative, inspection, and incidental costs, will be assessed against the property in the form of a lien until it is paid. Before the City enters a property and removes accumulated rubbish, the Police Department will provide the violator with a “Notice of Intent to Enter Property and Remove Rubbish” by either personal service or certified mail. The notice will include a statement that the City or its private vendors will enter the property and remove the rubbish on a specific date, at least ten days after the personal service or certified mailing date. The notice will also include a description of the rubbish to be removed and a statement regarding the violator’s right to request a hearing within three days before the Chief of Police to contest the notice. If the violator fails to request such a hearing within three days, the City will remove the rubbish. The hearing, if requested, will be on a date determined by the Chief of Police but before the date specified for the removal of the material. The hearing is limited to a determination if the material is rubbish under the Municipal Code definition. The burden of proof rests with the violator. If the Chief of Police determines the material is properly defined as rubbish, the City will remove the rubbish on the date specified in the notice. An important reminder. It is unlawful for any person to interfere with, obstruct, or prevent a City employee or a private vendor hired by the City from entering property to remove rubbish. Finally, no person can leave any rubbish on any property not owned or occupied by the person without the written consent of the owner of the property. Without meeting those conditions, rubbish is deemed to have been discarded and abandoned if it remains on the property for more than 72 hours. Discarding or abandoning rubbish for more than 72 hours constitutes permission by the property owner to allow the City or its private vendors to remove and dispose of the rubbish as provided by law for discarded, abandoned, or unclaimed property. If you have any questions about trash, rubbish, and waste materials and the Police Department’s Municipal Code enforcement policy, contact Community Resource Officer Kelli Revoir at 303/833-3095. |
| "JUNKED" VEHICLES “Junked” vehicles are a major issue in Dacono. As mentioned in a previous article, the term “junked” vehicle does not reflect the personal opinion the Police Department has of your vehicle. Some residents object to their vehicles being identified as “junked” vehicles because they do not consider the vehicles to be “junk.” Instead, they may argue that they are keeping the vehicle for spare parts or as a long term restoration or repair project. Under the Dacono Municipal Code, a vehicle is legally considered to be “junked” if it meets one of three criteria. It does not have valid, unexpired license plates, unless the vehicle is specifically exempted from motor vehicle licensing requirements by the state. It is wrecked, damaged, or substantially dismantled to an extent that it is inoperable. Or although designed to be capable of moving itself when in proper repair, it is in a condition making it incapable of being moved under its own power or it does not have all tires inflated. As you can see, there are a wide variety of reasons why a vehicle can be considered “junked.” If your vehicle meets one of the above criteria, it is a violation of the Dacono Municipal Code if it is left on any public property. It is also a violation of the Municipal Code if you, as the owner or tenant of real property (a residence or business) in the city, cause or permit a “junked” vehicle to be put upon or kept on any real property in the city. However, there are specific conditions described in the Municipal Code that may provide a defense to a possible prohibition of a “junked” vehicle. A “junked” vehicle may be located upon the premises of a lawfully zoned vehicle repair business, vehicle storage business, or junkyard. A “junked” vehicle may be stored inside a completely enclosed structure that complies with all applicable city ordinances such as building code standards and permits. On a residential lot or parcel, a maximum of one “junked” vehicle per lot or parcel may be stored, in addition to any “junked” vehicle stored inside a completely enclosed structure that complies with all applicable city ordinances. But that additional “junked” vehicle must be entirely covered with a one piece opaque heavy tarp or commercial car cover that is securely fastened at all times. Or the additional “junked” vehicle may be screened by a fence not less than six feet in height and in compliance with all applicable city ordinances that makes the “junked” vehicle not visible to anyone on adjacent private or public property. There are two very important points to keep in mind about this exception to the “junked” vehicle restriction. If you decide to cover your “junked” vehicle it must be entirely covered with a one piece opaque heavy tarp or commercial car cover. And the cover must be securely fastened at all times. A bed sheet placed over part of a “junked” vehicle and haphazardly held in place by tires, wheels, bricks, concrete blocks, or weights placed on the top of the vehicle does not meet the requirements of the Municipal Code. You will be cited for a violation of the Municipal Code. On a non-residential lot or parcel that is not a lawfully zoned vehicle repair business, vehicle storage business, or junkyard, a maximum of one “junked” vehicle per lot or parcel may be stored, in addition to any “junked” vehicle stored inside a completely enclosed structure that complies with all applicable city ordinances. However, the “junked” vehicle must be screened by a fence not less than six feet in height and in compliance with all applicable city ordinances that makes the “junked” vehicle not visible to anyone on adjacent private or public property. The storage of “junked” vehicles authorized by the Municipal Code is permitted only for vehicles owned by the occupant of the premises upon which the vehicle is stored or by members of the immediate family of the occupant. In other words, as the occupant of the premises you cannot allow a friend to store a “junked” vehicle on property you occupy. The Municipal Code authorizes any Police Officer or Community Resource Officer to enforce and investigate any vehicle left anywhere in the city that reasonably appears to be in violation of any section of the Municipal Code or reasonably appears to be lost, stolen, or unclaimed. If the investigating officer is on public property, or lawfully on any private property at the invitation of a complaining party, any vehicle that he or she observes from that vantage point may be investigated. The investigation may include issuing a written warning to the person owning, occupying, or possessing the property in violation of the Municipal Code. The written warning orders the person to comply with the Municipal Code within seven days. Failure to comply within the seven days could result in the issuance of a summons and complaint for an appearance in the Dacono Municipal Court. A written warning does not have to be issued before a summons and complaint is issued. The next article in this series will explain the Municipal Code provisions regarding trash, rubbish, and waste materials and how those problems are responded to, investigated, and enforced. If you have any questions regarding the Dacono Municipal Code and how it applies to “abandoned” or “junked” vehicles, please contact the Dacono Police Department at 303/833-3095. |
| "JUNKER JAMBOREE" The Dacono Police Department, with the assistance of four local towing companies, is offering a chance for local residents to have “junk” vehicles removed from their property without charge. Removal of the “junk” vehicles will be rotated through all the towing companies involved in this program. To take advantage of this program you must provide proof of ownership of or tenant status on the property from which you want the “junk” vehicle removed. Having legal title to the “junk” vehicle makes the removal process easier to accomplish; however, not having that legal title does not mean that the “junk” vehicle cannot be removed. In exchange for the removal of the “junk” vehicle the tow company will receive the salvage value of the vehicle or its parts. This free service will be an ongoing effort for as long as the towing companies are willing to provide their assistance. Removal of “junk” vehicles is just one of many educational and pro-active steps the Police Department is taking in code enforcement to improve and maintain neighborhoods. For more information on this program, or to schedule the removal of a “junk” vehicle from your property, contact Community Resource Officer Kelli Revoir at 303/833-3095 from Tuesday through Friday from 9:00 AM until 5:00 PM. |
| WEEDS AND BRUSH After a long hard winter it’s time to welcome warmer weather. But with the warmer weather comes the inevitable growth of weeds and brush, both of which are regulated by the Dacono Municipal Code. There are legal definitions in the Municipal Code that describe “weeds” and “brush” and the response authorized by the Police Department. A weed is any unsightly, useless, troublesome, or injurious plant, or any plant which is out of place at the location where it is growing. The definition of a weed also includes any rank vegetable growth that exhales unpleasant or noxious odors, and any high or rank vegetable growth that may conceal any health hazards or unsafe conditions. As defined in the dicitionary when specifically coupled with weeds, “rank” means growing profusely or with excessive vigor. Brush is any volunteer growth of bushes, trees, or other plant that is growing out of place at the location where growing. Brush includes tree limbs and cuttings from trees and bushes, as well as any high or rank shrubbery growth that may conceal any health hazards or unsafe conditions. As defined in the dictionary when specifically coupled with plants, “volunteer” means growing from self-sown or accidentally dropped seed or a plant that has reseeded itself. The owner, tenant, lessee, or occupant of property in Dacono must keep all weeds cut to a height not to exceed five inches from the ground; however, Canadian thistle must be immediately and completely removed whenever it is found growing. Brush must also be removed from the property. Both weeds and brush must be properly disposed of in accordance with the Municipal Code. The legal responsibilities regarding weeds and brush extend to any sidewalk adjoining the property and to the middle of any alley adjoining the property. The Police Department, and particularly the Community Resource Officer, is authorized to examine every property believed to contain an unlawful growth of weeds or brush. The person responsible for the growth of weeds or brush, or the owner, tenant, lessee, or occupant of the property, is issued a written notice of the unlawful growth of weeds or brush. The written notice orders the elimination of the unlawful growth of weeds or brush within a reasonable time. A “reasonable time” is determined by the Police Department as the time required to remove the weeds or brush and correct the unlawful condition. It is important to be aware that the written notice is not required before an individual can be prosecuted for an unlawful growth of weeds or brush and failure to receive the written notice is not a defense to prosecution. The written notice can be legally served by posting on the property in violation, personal service to the violator, or receipt by certified mail. Failure to remove the weeds or brush by the time specified in the written notice is a violation of the Municipal Code. If a person fails to comply with the written notice, the weeds or brush may be cut or removed by City employees or private vendors hired by the City. This is in addition to prosecution for violation of the Municipal Code. The entire cost of the removal, including administrative, inspection, and incidental costs, will be assessed against the property in the form of a lien until it is paid. Before the City enters a property and cuts or removes the weeds or brush, the Police Department will provide the violator with a “Notice of Intent to Enter Property and Cut or Remove Weeds or Brush” by either personal service or certified mail. The notice will include a statement that the City or its private vendors will enter the property and cut or remove the weeds or brush on a specific date, at least ten days after the personal service or certified mailing date. The notice will also include a description of the weeds or brush to be cut or removed and a statement regarding the violator’s right to request a hearing within three days before the Chief of Police to contest the notice. If the violator fails to request such a hearing within three days, the City will cut or remove the weeds or brush. The hearing, if requested, will be on a date determined by the Chief of Police but before the date specified for the removal of the material. The hearing is limited to a determination if the material to be cut or removed is an unlawful growth of weeds or brush under the Municipal Code definition. The burden of proof rests with the violator. If the Chief of Police determines the material is properly defined as an unlawful growth of weeds or brush, the City will cut or remove the material on the date specified in the notice. An important reminder. It is unlawful for any person to interfere with, obstruct, or prevent a City employee or a private vendor hired by the City from entering property to cut or remove weeds or brush. You should notice that the Municipal Code procedures regarding weeds and brush are very similar to the legal procedures regarding trash, rubbish, and waste materials. If you have any questions about weeds and brush and the Police Department’s Municipal Code enforcement policy, contact Community Resource Officer Kelli Revoir at 303/833-3095. |
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