§ 6.01.060. Action to abate a public nuisance.
Neighborhood Services may abate a public nuisance by any of the following procedures:
(1)
Abatement after notice. If, after written notice has been given, the owner or occupant of the building or premises refuses or fails to abate the nuisance in the time specified in the notice, Neighborhood Services may enter upon such property for the purposes of abating the nuisance.
(2)
Abatement by civil action. If, after written notice has been given, the owner or occupant of the building or premises refuses or fails to abate the nuisance in the time specified in the notice, and if Neighborhood Services elects not to summarily abate the nuisance under Paragraph (1) above, Neighborhood Services may initiate a civil action in Municipal Court to have the nuisance declared as such by the Court and for an order enjoining the nuisance and authorizing its restraint, removal, termination or abatement.
a.
An action to declare and abate a public nuisance shall be brought by Neighborhood Services in the name of the people of the Town, by the filing of a complaint, which shall be verified or supported by an affidavit.
b.
A summons and complaint shall be issued to the owner, agent, occupant or the person who allowed the nuisance to be caused or to continue (hereinafter the respondent) by:
1.
Personally delivering a copy of the summons and complaint to the owner of the property described in the complaint;
2.
Personally delivering a copy of the summons and complaint to the nonowner occupant or resident of the property described in the complaint and mailing a copy of the summons and complaint by certified mail, return receipt requested, to the last known address of the owner as reflected in the county real estate records; or
3.
Mailing one (1) copy of the summons and complaint by certified mail, return receipt requested, and a second copy of the summons and complaint by regular mail, to the last known address of the owner of the property described in the complaint, as reflected in the county real estate records. If the property is unoccupied, a copy of the summons and complaint shall also be posted in a conspicuous place at the unoccupied premises.
Personal service shall be deemed complete upon the date of personal delivery or three (3) business days after the date of mailing as required herein.
c.
Any employee of the Town, who is over the age of eighteen (18), may serve the summons and verified complaint upon the respondent. Trial shall be to the court, and the Colorado Municipal Court Rules shall apply.
d.
A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than ten (10) days from the date of service of the summons and complaint. The trial shall be held upon the appearance date, unless the Court grants a continuance for good cause shown.
e.
The respondent shall file a response on or before the appearance date set forth in the notice of appearance.
f.
Upon the date and at the time set for appearance and trial, if the respondent has filed no response and fails to appear, and if Neighborhood Services proves that proper service was made on the respondent at least ten (10) days prior to the appearance date, the Court may grant such orders as are requested by Neighborhood Services, except that the Court shall order that enforcement by Neighborhood Services be stayed for ten (10) days and that a copy of the Court's order be mailed to the respondent at his or her last known address. Failure to appear on any date set for trial shall be grounds for entering a default and judgment thereon against a nonappearing party. For good cause shown, and prior to enforcement, the Court may set aside an entry of default and the judgment entered thereon.
g.
Any violation of any injunction or order issued by the Municipal Court in an action to abate a public nuisance may be punished as a contempt of court or by a fine not to exceed four hundred ninety-nine dollars ($499.00). Unless the violation by its nature cannot be corrected, each day's failure to comply with an injunction or order to abate shall constitute a separate violation for which an additional penalty may be imposed.
h.
The judgment of the Municipal Court may be appealed to the district court.
(3)
Abatement by criminal action/penalty assessment. If Neighborhood Services elects not to summarily abate the nuisance under Paragraph (1) above or file a civil suit to abate the nuisance under Paragraph (2) above, Neighborhood Services may initiate a criminal action in Municipal Court to have the nuisance declared as such by the Court and for an order enjoining the nuisance and authorizing its restraint, removal, termination or abatement, or, at its sole discretion, Neighborhood Services may utilize the penalty assessment procedures provided by Section 3.03.400 of this Code, while adhering to the fine schedules set forth in Subparagraph (3)d. below, which are based on the number of violations within a twelve-month period. No notice shall be necessary prior to the issuance of a summons and complaint under this Section.
a.
The following nuisances, as defined by Article II of this Chapter, shall constitute criminal violations under this Code:
1.
Junkyards and dumping grounds, pursuant to Paragraph 6.01.200(1) of this Chapter;
2.
Construction sites, pursuant to Paragraph 6.01.200(3) of this Chapter;
3.
Storage operations, pursuant to Paragraph 6.01.200(4) of this Chapter;
4.
Littering on public or private property, pursuant to Section 6.01.210 of this Chapter;
5.
Blowing dust, pursuant to Section 6.01.230 of this Chapter;
6.
Stagnant ponds, pursuant to Subsection 6.01.240(a) of this Chapter;
7.
Stale matter, pursuant to Subsection 6.01.240(c) of this Chapter;
8.
Offensive and illicit discharge, pursuant to Section 6.01.250 of this Chapter;
9.
Weed control, pursuant to Section 6.01.260 of this Chapter;
10.
Overgrown, diseased and prohibited vegetation and other landscapes, pursuant to Section 6.01.270 of this Chapter;
11.
Noxious plants, pursuant to Section 6.01.280 of this Chapter; and
12.
Inoperable vehicles, pursuant to Section 6.01.290 of this Chapter;
13.
Keeping of bees, in violation of Section 6.01.310 of this Code.
14.
Marijuana plants, pursuant to Section 6.01.320 of this Chapter.
b.
Procedure. A criminal action to declare and abate a public nuisance shall be brought by Neighborhood Services in the name of the people of the Town as follows:
1.
A summons and complaint shall be issued to the owner, agent, occupant or the person who allowed the nuisance to be caused or to continue (hereinafter the defendant) by:
a)
Personally delivering a copy of the summons and complaint to the owner of the property described in the complaint;
b)
Personally delivering a copy of the summons and complaint to the nonowner occupant or resident of the property described in the complaint and mailing a copy of the summons and complaint by certified mail, return receipt requested, to the last known address of the owner as reflected in the County real estate records; or
c)
Mailing one (1) copy of the summons and complaint by certified mail, return receipt requested, and a second copy of the summons and complaint by regular mail, to the last known address of the owner of the property described in the complaint, as reflected in the County real estate records. If the property is unoccupied, a copy of the summons and complaint shall also be posted in a conspicuous place at the unoccupied premises.
Personal service shall be deemed complete upon the date of personal delivery or three (3) business days after the date of mailing as required herein.
2.
A summons and complaint shall be issued to the defendant not less than five (5) days prior to the time the defendant is required to appear.
3.
If the defendant fails to appear in person or by counsel on the date and time set for appearance, a bench warrant may be issued for the defendant's arrest.
4.
Trial shall be to the court, and the Colorado Municipal Court Rules shall apply.
c.
Any summons and complaint issued as a result of a violation of this Section shall be treated as a criminal offense under Title 8 of this Code, whereby:
1.
Any person who violates this Section shall be guilty of a misdemeanor and, upon conviction, be punished by a fine of not more than four hundred ninety-nine dollars ($499.00) for each separate offense. Each day a violation of this Section continues shall constitute a separate offense.
2.
The judgment of the Municipal Court may be appealed to the district court.
d.
Neighborhood Services may, at its sole discretion, within the time period for the issuance of a summons and complaint, determine to issue a penalty assessment notice for the nuisances set forth below which could otherwise be enforced through the issuance of a summons and complaint, and based on the following fine schedule:
1.
Junkyards and dumping grounds, pursuant to Paragraph 6.01.200(1) of this Chapter:
a)
First violation: One hundred dollars ($100.00).
b)
Second violation: Two hundred dollars ($200.00).
c)
Third violation: Court appearance.
2.
Construction sites, pursuant to Paragraph 6.01.200(3) of this Chapter:
a)
First violation: One hundred dollars ($100.00).
b)
Second violation: Two hundred dollars ($200.00).
c)
Third violation: Court appearance.
3.
Storage operations, pursuant to Paragraph 6.01.200(4) of this Chapter:
a)
First violation: Fifty dollars ($50.00).
b)
Second violation: One hundred dollars ($100.00).
c)
Third violation: Court appearance.
4.
Littering on public or private property, pursuant to Section 6.01.210 of this Chapter:
a)
First violation: Thirty dollars ($30.00).
b)
Second violation: Sixty dollars ($60.00).
c)
Third violation: Court appearance.
5.
Blowing dust, pursuant to Section 6.01.230 of this Chapter:
a)
First violation: Thirty dollars ($30.00).
b)
Second violation: Sixty dollars ($60.00).
c)
Third violation: Court appearance.
6.
Stagnant ponds, pursuant to Subsection 6.01.240(a) of this Chapter:
a)
First violation: Fifty dollars ($50.00).
b)
Second violation: Seventy-five dollars ($75.00).
c)
Third violation: Court appearance.
7.
Stale matter, pursuant to Subsection 6.01.240(c) of this Chapter:
a)
First violation: Fifty dollars ($50.00).
b)
Second violation: Seventy-five dollars ($75.00).
c)
Third violation: Court appearance.
8.
Weed control, pursuant to Section 6.01.260 of this Chapter:
a)
First violation: Fifty dollars ($50.00).
b)
Second violation: One hundred dollars ($100.00).
c)
Third violation: Court appearance.
9.
Overgrown, diseased and prohibited vegetation and other landscapes, pursuant to Section 6.01.270 of this Chapter:
a)
First violation: Fifty dollars ($50.00).
b)
Second violation: Seventy-five dollars ($75.00).
c)
Third violation: Court appearance.
10.
Inoperable vehicles, pursuant to Section 6.01.290 of this Chapter:
a)
First violation: One hundred dollars ($100.00).
b)
Second violation: Two hundred dollars ($200.00).
c)
Third violation: Court appearance.
(Ord. 5.68.3 §2, 2017; Ord. 5.06.33.7 §2, 2015; Ord. 5.68 §1, 2008)