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Council adopts first reading to tighten encroachment rules — 8–2 vote
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Summary
Council approved first reading of an update to encroachment rules that sets clearance standards (8 ft above sidewalks, 15 ft above streets), extends abatement notice to seven days for many cases, and adds administrative fees; staff said the changes support public-safety and maintenance efficiency.
BROOMFIELD, Colo. — On Jan. 7 the City and County of Broomfield council approved on first reading an amendment to the municipal code that clarifies what constitutes an encroachment in the public right of way and strengthens abatement tools.
Staff said the existing encroachment ordinance dated to 1991 and lacked clear vertical-clearance standards and abatement timelines for modern equipment and maintenance. The proposed changes codify an 8-foot clearance above sidewalks and a 15-foot clearance above streets, expand definitions, and add a 15% administrative fee when the city must abate an encroachment and bill a property owner.
Why it matters: Public-works staff reported increased damage to city vehicles from low-hanging branches and repeated instances of blocked signs and obstructed sight lines. Manager Murray told council public-works crews logged about 30 incidents since 2020 that produced roughly $12,000 in damage to city vehicles.
Public comment and ADA concerns: Reporters and residents raised questions about native landscaping, drought-friendly plantings and how the ordinance would treat exempt native grasses. Staff said native plantings are exempt from the weeds standard but that tall vegetation that encroaches onto sidewalks should be trimmed to the sidewalk edge to avoid hazards. Council members also asked about ADA thresholds; staff said they use a commonly accepted 36-inch minimum clear width for pedestrian passage to evaluate obstruction urgency.
Enforcement and discretion: The code-prescribed process remains notice-first (courtesy notice, seven-day compliance window for many encroachments), then notice of violation and, if necessary, abatement or summons. Staff emphasized education and voluntary compliance and said abatement authority will be used sparingly. The ordinance authorizes liens for unpaid abatement fees.
Outcome: Council approved the ordinance on first reading 8–2. Staff said the changes align Broomfield with neighboring jurisdictions and give clearer guidance to residents and crews responsible for street and sidewalk safety.
