Colorado City Council to Vote on Property Nuisance Ordinance

Broomfield, Colo., voters will decide the fate of a controversial ordinance that would penalize residents who don't keep up the façade of their homes.

Broomfield city council unanimously approved a plan Oct. 28 to place the so-called property nuisance ordinance on the November 2009 ballot. The ordinance was sent to voters after the group Citizens for Fair Ordinances collected enough signatures to force council to reconsider the measure.

Some council members appeared irritated over deferring the issue to the ballot. The only other options for council would have been to repeal the ordinance entirely or hold a special election on the issue, which could have cost more than $100,000 to hold.

"From my perspective, we gave considerable thought to this, we discussed it in numerous study sessions and obviously debated it in council meetings," said councilman Kevin Jacobs. "I believe the ordinance was well-balanced and thoughtful. I'm all for democracy, but I have no interest in spending the public money to have a special election."

Ordinance 1891, which passed on a 7-1 vote Sept. 9, states homeowners could be fined up to $1,000 or up to 12 months in jail if their homes meet three or more of 17 possible violations outlined by the city. The criteria include unlawful accumulation of rubbish, dead or overgrown landscaping, missing doors and broken fencing.

Council has been debating the issue off and on for several years. Residents have complained their property values are negatively affected when their neighbors fail to keep up their homes.

"I'm disappointed because we spent a lot of time on this ordinance and in my estimation, it was very even-handed and very friendly to the people who would be in violation," said councilwoman Lori Cox.

Louise Benson, a Broomfield resident who spearheaded the effort to gather the signatures, said the ordinance is a "big brother" measure that is too strict and potentially costly.

This ordinance is just wrong," Benson said. "It's not the Broomfield way. The heart of Broomfield is about community and helping one another. It's not about shopping malls, it's not about fancy new neighborhoods or property values."