HomeMy WebLinkAbout136 - 12/06/2022 - REPEALING AND REENACTING ARTICLE IX OF CITY CODE CHAPTER 20 CONCERNING PUBLIC NUISANCES AND MAKING CORDINANCE NO.136,2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTTNG ARTICLE IX OF CITY CODE CHAPTER 20
CONCERNING PUBLIC NUISANCES
AND MAKING CONFORMING CHANGES TO CITY CODE SECTION 19-3
WHEREAS,in 2000,the City Council adopted Ordinance No.28,2000,to add Article IX
to Chapter 20 of the Code (“Article IX”)to establish a process for abating public nuisances by the
City filing a civil action in Municipal Court asking the Court to issue civil orders requiring the
property owner or others responsible to abate the public nuisance;and
WHEREAS,the aim and focus of Article IX was primarily to add an enforcement tool to
those already available to address nuisances on privately-owned properties,such as noise
violations,rubbish accumulation,tall weeds and grass,inoperable motor vehicle,and similar
activities that affected the health,safety,and welfare of nearby properties and the public in general;
and
WI-IEREAS,the intent was to use this enforcement tool for those properties having
chronic-public-nuisance problems that were not being resolved by the then existing enforcement
tools;and
WHEREAS,there have not been any significant amendments to Article IX since 2000,so
the only tool it currently provides is the civil abatement process:and
WHEREAS,since 2000 the City’s population has grown from just over 118,000 to over
170,000 and with this growth has come increased crime,including a significant increase in the
number,severity,and dangerousness of activities on and conditions of privately-owned properties
that threaten and harm the health,safety,and welfare of nearby properties,neighborhoods,and the
public in general;and
WI-IEREAS,these more recent problematic activities and conditions have included the
occurrence of more serious crimes,such as unlawful drug use,firearm violations,assaults,
harassment,human wastes,and similar offenses;and
WHEREAS,Article IX has proven ineffective in preventing or abating these activities and
conditions on properties due to its narrow scope,its lack of alternative enforcement tools,and
because it has proven difficult to apply and use administratively as an enforcement tool;and
WHEREAS,City staff has researched what other communities experiencing nuisance
problems similar to those the City has been experiencing have used as enforcement tools to prevent
and abate these newer types of nuisances;and
WHEREAS,based on that research,City staff is recommending this Ordinance to expand
the type of enforcement tools the City may use,to expand the type of activities and conditions on
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properties that constitute nuisance activities,and to provide enforcement processes that are
administratively easier to use;and
WI-IEREAS,Chief Municipal Judge Jill Hueser has also reviewed the provisions of this
Ordinance pertaining to the rules of procedure to be used by the Municipal Court in the civil
abatement process and,pursuant to Section 1 of Charter Article VII,she has recommended to City
Council that it adopt these provisions;and
WHEREAS,the Council has determined,and now finds,that the adoption of this
Ordinance is necessary for the health,safety,and welfare of the public.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2.That Article IX of Chapter 20 of the Code of the City of Fort Collins is
hereby repealed and reenacted to read as follows:
ARTICLE IX.PUBLIC NUISANCES
Division 1.General
Sec.20-110.Legislative purpose.
The abatement of local public nuisances for the protection of public health,safety,and welfare is
a matter of purely local and municipal concern,The purpose of this Article is to eliminate public
nuisances.The remedies provided in this Article are designed to eliminate public nuisances by
removing property from a condition or conditions that either create an immediate need for
abatement to protect the public health,safety,or welfare,or lead to consistent and repeated
violations of state or municipal law.Another purpose of this Article is to require persons owning,
leasing,or otherwise in control of property to be vigilant in preventing public nuisances on and in
their property,to make them responsible for the use of their property by themselves,occupants,
and trespassers,and to otherwise deter public nuisances.
Sec.20-111.Definitions.
Unless the context clearly requires otherwise,the following words,terms,and phrases,when used
in this Article,shall have the meanings ascribed to them in this Section:
Abandoned properly means a property over which the person owning,leasing,or otherwise in
control of the property,or the agent of such person,no longer asserts control due to death,
incarceration,or any other reason,and which property is either unsecured or subject to
occupation by trespassers or other unauthorized individuals.
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Abate means to bring to a halt,eliminate,prevent,or,where that is not reasonably practicable,to
suppress,mitigate,or reduce.
Abatement agreement means a written contract between the City and a person owning or leasing
a property on which there is a public nuisance or that has become a chronic nuisance property,
or the agent of such person,in which contract the person agrees to timely take all corrective
actions to abate the public nuisance or chronic nuisance property and to prevent them from
reoccurring as agreed in the contract.Such corrective actions may include,without limitation
and as applicable:
1.Effective tenant screening,leasing,and rule enforcement;
2.Implementing physical improvements for crime prevention;
3.Providing security for the property;
4.Evicting persons responsible for the nuisance activity;
5.Pursuing other remedies available under any lease or other agreement applicable to the
property;
6.Promptly reporting nuisance activities to law enforcement;and
7.Regular cleaning,maintenance,and repair of the property and the buildings located on
it.
Agent means any person legally authorized to act on behalf of or in place of the owner or lessee
of a property,which may include,without limitation,a person providing property management
services,a trustee,conservator.and personal representative.
Bu fitting means a structure with the capacity to contain,and is designed for the shelter of,humans,
animals,or personal property of any kind.Building shall include,without limitation,any house,
office building,store,warehouse,or any other residential or nonresidential structure of any kind,
whether or not such structure is permanently affixed to the ground upon which it is situated,and
any trailer,semi-trailer,trailer coach,mobile home,or other vehicle designed or used for
occupancy by persons for any purpose.
Chronic nuisance property means:
A property where three (3)or more nuisance activities have occurred within a ninety
90)day period or seven (7)or more nuisance activities have occurred within a one
1)year period,with each activity occurring on a separate day,but this shall not
include a propert’on which is more than one (I)residential unit that are all under
common ownership;
2.A property that is more than one (1)residential unit that are all under common
ownership where six (6)or more nuisance activities have occurred within a ninety
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90)period or ten (10)or more nuisance activities have occurred within a one (1)year
period,with each activity occurring on a separate day.-
3.A property where two (2)or more nuisance activities involving drug—related activity
have occurred within a thirty (30)day period,with each activity occurring on a
separate clay;or
4.Any abandoned property where any number of nuisance activities have occurred or
exist.
Code enforcement officer means an individual appointed by the chief of police pursuant to Code §
2-503(b)(2)to enforce the provisions of this Article and City police officers authorized to enforce
the Code as provided in §2-503(b)(1).
Drug—related activity means any activity at a property which is an offense under Part 4 in Article
8 of CR5.Title 18,which offenses include,without limitation,the unlawful manufacture,
cultivation,growth,production,delivery,sale,storage,possession.use,or giving away of any
controlled substance and possession of drug paraphernalia.
Lessee means a person having a possessory interest in a property under an oral or written lease
agreement.
Municipal Court or Court means the Municipal Court of the City as established in Article VII,
Section 1 of the Charter.
Municipal judge means any judge of the Fort Collins Municipal Court appointed by the City
Council as provided in Article VII,Section 1 of the Charter.
Notice to abate means a written notice issued by a code enforcement officer as provided in §20-
Nuisance activity means any of the following violations and nuisances occurring or existing on a
property and committed by any person,including,without limitation,by an owner,lessee,agent,
occupant,or trespasser:
1.Disorderly conduct -Code §17-124.
2.Social host and underage use or possession of alcohol or marijuana -Code §17-
168.
3.Unreasonable noise -Code §17-129.
4.Nuisance gatherings -Code §~17-131 and 17-132.
5.Camping on private property -Code §17-182.
6.Violations of the 2021 International Fire Code —Code §~9-1 and 9-2.
7.Marijuana cultivation -Code §12-142.
8.Dwelling unit occupancy limits -§3.8.16 of the Fort Collins Land Use Code.
9.Animal violations -Divisions 4 and 5 of Code Chapter 4.
10.1-lazardous waste disposal -Code §12-2 1.
11.I-Iemp violations -Code §~12-22 and 12-23.
12.Abandoned refrigerators and similar items -Code §17-81.
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13.Discharging weapons -Code §17-101.
14.Throwing of missiles -Code §17-102.
15.Bodily waste -Code §17-103.
16.Disturbing the peace -Code §17-121.
17.Harassment -Code §17-126.
18.Open container -Code §17-141.
19.Public nudity -Code §17-142.
20.Inhaling toxic vapors -City Code §17-162.
21.Underage possession or use of alcohol -Code §17-167.
22.Use and possession of marijuana -City Code §17-191.
23.Use of alcohol for cannabinoid extraction from marijuana -Code §17-194.
24.Air pollution nuisances -City Code §20-1.
25.Noise violations -Article II of Code Chapter 20.
26.Exterior property maintenance nuisances -Article III of Code Chapter 20.
27.Weeds,unmowed grasses,refuse,rubbish,outdoor furniture,and outdoor storage
nuisances -Article IV of Code Chapter 20.
28.Inoperable motor vehicle violations -Division 2 in Article VI of Code Chapter 20.
29.Parking and vehicle storage nuisances -Article VIII of Code Chapter 20.
30.Care and protectioi~of trees,shrubs,and other vegetation —Division 3 in Article II
of Code Chapter 27.
31.Assault -Code §17-21.
32.Criminal mischief-Code §17-39.
33.Littering -Code §17-41.
34.Interference with public officers -Code §17-63
35.Resisting arrest -Code §17-64.
36.Theft—Code §17-36.
37.Activities on the property causing the obstruction of adjacent highways,streets,
sidewalks,or any other public place for the passage of individuals or vehicles so
as to violate §17-128 or §~1202,1203,or 1204 of the Fort Collins Traffic Code
as adopted in §28-16.
38.Violations of Open Fire and Burning Restrictions —Article II of Code Chapter 9.
39.Violations of the 2021 International Building Code —Code §~5-26(a)and 5-27.
40.Violations of the 2021 International Residential Code —Code §~5-26(c)and 5-30.
41.Violations of the 2021 International Property Maintenance Code —Code §~5-46
and 5-47.
42.Violations of the Rental Housing Standards —Article VI,Division 1 of Code
ChapterS.
43.Criminal offenses against persons -Article 3 of Title 18 of the Colorado Revised
Statutes (CR5.),except not including sexual assault defined in C.R.S.§18-3-402
and stalking defined in C.R.S.§18-3-602.
44.Crimes of arson -Part I of Article 4 in C.R.S.Title 18.
45.Crimes of robbery -Part 3 of Article 4 in CR5.Title 18.
46.Theft-C.R.S.§18-4-401.
47.Crimes against children -Part 4 of Article 6 in CR5.Title 18.
48.Harboring a minor -C.R.S.§18-6-601.
49.Contributing to the delinquency of a minor -C.R.S.§18-6-701.
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50.Crimes related to prostitution -Part 2 of Article 7 in C.R.S.Title 18.
51.Crime ofpublic indecency -C.R.S.§18-7-301.
52.Crime of indecent exposure -C.R.S.§18-7-302.
53.Crimes related to child prostitution -Part 4 of Article 7 in CR5.Title 18.
54.Resisting arrest -C.R.S.§18-8-103.
55.Obstructing a police officer,firefighter,etc.-C.R.S.§18-8-104.
56.Disorderly conduct -CR5.§18-9-106.
57.Harassment -C.R.S.§18-9-111.
58.Cruelty to animals -C.R.S.§18-9-202.
59.Unlawful ownership of dangerous dog -C.R.S.§18-9-204.5.
60.Crimes related to firearms and weapons -Part 1 of Article 12 in C.R.S.Title 18.
61.Unlawful discarding or abandonment of iceboxes,motor vehicle,and similar items
C.R.S.§18-13-106.
62.Hazardous waste violations -CR5.§18-13-112.
63.Providing tobacco products to underage persons -CR5.§18-13-121.
64.Underage possession and use of alcohol and marijuana -CR5.§18-13-122.
65.Crimes related to controlled substances,marijuana,and other substances -Part 4 of
Article 18 in CR5.Title 18.
66.Crimes related to burglary and related offenses —Part 2 of Article 4 in C.R.5.Title
18.
Occupant means a person occupying,residing in,or using a property with the consent of the owner
or lessee,or of their agent,as applicable,which shall include,without limitation,invilees,
licensees,and social guests as these words and term are defined in the Colorado Premises Liability
Act.
Owner means a person having a fee title ownership interest in a property.
Person means any individual,corporation,association,firm,joint venture,estate,trust,business
trList,syndicate,fiduciary,partnership,limited partnership,limited liability company,and body
politic and corporate,and all other groups and combinations.
Property means a contiguous parcel,tract,lot,or other area of land established or described by
plat,subdivision,or metes and bounds description in common ownership which is permitted by
law to be used,occupied,or designed to be occupied by one (1)or more buildings or uses.Properly
also means any building,or individual residential unit within a building,located on an any such
area of land,that is in common ownership,but shall not include such land,buildings,and
residential units owned by the Board of Governors of the Colorado State University System or
utilized by Colorado State University for the housing of students or faculty or for other educational
purposes.
Public nuisance or nuisance means any repeated or continuing nuisance activity,or combination
of nuisance activities,occurring or existing on a property that creates an unreasonable risk of harm
or is injurious to the public health,safety,or welfare,to include,without limitation,a nuisance
activity,or combination of nuisance activities,that unreasonably injures,damages,annoys,
inconveniences,or disturbs the peace of any member of the public of normal sensibility with
respect to their comfort,health,repose,or safety,or with respect to the free use and comfortable
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enjoyment of their property or of sidewalks,streets,or other public spaces near and around the
offending property.
Relative means an individual related by consanguinity within the third degree as determined by
common law,a spouse,or an individual related to a spouse within the third degree as so determined
and includes an individual in a step or adoptive relationship within the third degree.
Residential unit means any building or portion of a building designed,occupied,or intended for
occupancy as separate quarters for the exclusive use of one or more individuals for living,sleeping,
cooking,and sanitary purposes.
Trespasser means a person who enters or remains on the property of another person without that
other person’s consent.
Sec.20-112.Entry of property and abatement of public nuisance.
a)A code enforcement officer with probable cause to believe a public nuisance exists on a
property may enter onto it without a warrant to inspect and abate any existing public nuisance and
prevent the nuisance from recurring provided the same may be accomplished without entering a
building on the property,entering the curtilage of a residential building on the property,or entering
an area of the property enclosed by a privacy fence or similar enclosure.If the suspected public
nuisance is within a building,the curtilage of a residential building,or enclosed by a privacy fence
or similar enclosure,a code enforcement officer may enter such areas only with the consent of the
owner,lessee,agent,or occupant,as applicable,or after obtaining a warrant as provided in
subsection (c)of this Section.
b)If entry is refused by the owner,lessee,agent,or occupant.as applicable,or they cannot
be located after a reasonable effort,the code enforcement officer shall either personally serve
the owner,lessee,agent,or occupant,as applicable,if they are located or,if not located,post on
the property in a conspicuous location a written notice of intention to inspect and abate not
sooner than twenty-four (24)hours after the time specified in such notice.The notice shall state
that the owner,lessee,agent,or occupant.as applicable,has the right to refuse entry,and if such
entry is refused,inspection and abatement may be made only upon issuance of a search warrant
by a municipal judge,or by ajudge of any other court having jurisdiction.
c)After the expiration of the twenty—four-hour period from the serving or posting of the
notice of intent to inspect and abate,the code enforcement officer may appear before a municipal
judge or a judge of any other court having jurisdiction and,upon a showing of probable cause
by written affidavit,obtain a search warrant entitling the code enforcement officer to enter the
building,curtilage area,or fenced area,as applicable,to inspect the property,abate any nuisance,
and prevent the nuisance occurring again.Upon presentation of the search warrant and proper
credentials to any persons in possession of the property,or possession of the warrant in the case
of an unoccupied property.the code enforcement officer may enter the building,the curtilage
area,or fenced area,as applicable,and may use such reasonable force as may be necessary to
gain entry’to inspect the property,abate any nuisance,and prevent the nuisance occurring again.
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d)It is unlawful for any owner,lessee,agent,or occupant of the building or on the property
to deny entry to a code enforcement officer or to resist reasonable force used by such officer
acting pursuant to a search warrant issued pursuant to this Section.
e)Whenever a public nuisance exists on a property that constitutes an emergency
immediately threatening the life or safety of any person or other exigent circumstance exists,a
code enforcement officer may enter any building on the property or any other portion of the
property without a search warrant as reasonably necessary to abate the public nuisance
constituting the emergency and prevent it from occurring again,and the code enforcement officer
may use such reasonable force as is necessary to enter the building or onto the property to do so.
Sec.20-113.Notice to abate.
a)Upon discovering a public nuisance,a code enforcement officer may issue and serve a
notice to abate on the owner or lessee,as applicable,or their agent,directing them to remove and
abate the nuisance from the property within the time specified in the notice as follows:
1)Within twenty—four (24)hours of the issuance of the notice if the nuisance poses an
imminent and substantial risk of damaging other property (including personal property of
any other person),injuring any individual,or threatening the public health or safety;or
2)Within seven (7)days for all other public nuisances,or such longer period of time
as the code enforcement officer determines is appropriate if,based on the facts and
circumstances,the nuisance could not reasonably be abated within seven (7)days.
b)If the owner,lessee,or agent,as applicable,fails to abate the nuisance within the time
stated in the notice to abate,the code enforcement officer may remove or abate the nuisance from
the property without delay as provided in §20-112 or take such other action or actions as are
authorized in this Article.
c)Except as required for issuing a citation for a misdemeanor offense under §20-125 and
a civil inf~Taction under §20-130,a code enforcement officer and the City may take enforcement
action to abate a public nuisance as authorized in this Article and any other provisions of this
Code without first serving or posting a notice to abate.
d)The code enforcement officer may serve the notice to abate by any of the following
methods:
1)Personal service of the notice to the owner,lessee,or agent,as applicable;
2)Mail a copy of the notice by first class mail to the last known address of the owner
as reflected in the records of the Larimer County Treasurer;
3)Mail a copy of the notice by first class mail to the owner,lessee,or agent at their
last known address(es)within the City’s records or as found in other publicly available
records;or
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4)Post a copy of the notice in a conspicuous place at the entrance of the property or
entrance of any buildings on the property.
e)The notice to abate shall include:
1)A description of the public nuisance;
2)The date by which the nuisance must be abated;
3)A statement that if the nuisance is not abated within the time specified in the notice,
the City may take any enforcement action authorized in this Article;
4)A statement that,if the City abates the nuisance at its cost,it will be entitled to
recover its actual internal and external costs plus interest as provided in §20-118;and
5)A statement that,if the City’s cost of abatement is not paid,a lien shall attach to
the property as provided in §20-118 until such cost and accrued interest is paid in full.
Sec.20-114.Remedies under other laws unaffected.
Nothing in this Article shall be construed as limiting or forbidding the City or any other person
from pursuing any other remedies available at law or in equity concerning a public nuisance on a
property.
Sec.20-115.Limitation of actions.
a)Actions under this Article concerning a public nuisance shall be commenced no later than
one (1)year after:(i)the public nuisance or the last in a series of acts or omissions,or combination
of both,constituting the public nuisance occurs,or (ii)the notice to abate is served or posted as
provided in §20-113,whichever is later.
b)Actions under this Article concerning a chronic nuisance property shall be commenced no
later than one (1)year after:(i)the last nuisance activity occurs that causes the property to be a
chronic nuisance property,or (ii)the notice of chronic nuisance property is served as provided in
20-135,whichever is later.
c)These limitations shall not be construed to limit the introduction of evidence of acts or
omissions that occurred more than one (1)year before such limitation period for the purpose of
establishing the existence of a public nuisance,existence of a chronic nuisance property,when
relevant to show a pattern of conduct,or for any other purpose.
Sec.20-116.Effect of property conveyance.
When fee title to a property is conveyed from one (1)person to another or a property is leased or
subleased from one (1)person to another,any nuisance activity that occurred or is existing on the
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property at the time of the conveyance,lease,or sublease which could be used under this Article
to prove that a public nuisance exists regarding such property or that the property is a chronic
nuisance property,shall not be so used unless a reason for the conveyance,lease,or sublease was
to avoid the property being subject to an enforcement action under this Article.It shall be a
rebuttable presumption that a reason for the conveyance,lease,or sublease was to avoid the
property being the subject of an enforcement action under this Article if:(1)the property was
conveyed,leased,or subleased for less than fair market value;(2)the property was conveyed,
leased,or subleased to an entity or entities controlled directly or indirectly by the person
conveying,leasing,or subleasing the property;or (3)the property was conveyed,leased,or
subleased to a relative(s)of the person making the conveyance,lease,or sublease or to any entity
or entities controlled directly or indirectly by a relative(s)of the person making the conveyance,
lease,or sublease
Sec.20417.Municipal Court jurisdiction.
Pursuant to Article XX,Section 6,and Article VI,Section 1 of the Colorado Constitution,and
Article VII,Section 1 of the Charter,the Municipal Court is hereby granted the jurisdiction,duties
and powers to hear and decide all causes arising under this Article,and to provide the remedies
specified in this Article and in any other applicable provisions of the Code.
Sec.20-118.Assessment,collection,and lien for abatement costs.
a)If the City acts under §20—112,an abatement agreement,or Division 5 of this Article to
abate a public nuisance,chronic nuisance property,or any nuisance activity on a property,the
owner of the property shall be liable to the City for the City’s total internal and external costs
incurred in the abatement.The City’s internal costs shall be set and assessed under a written
schedule of fees approved by the City Manager,which fees shall be based on a reasonable estimate
of the City’s direct and indirect internal costs to abate a nuisance,as amended from time to time.
External costs shall include all amounts the City paid a vendor or contractor to assist in the
abatement.
b)After the abatement is completed,the City shall send the owner of the property an invoice
itemizing and totaling the City’s internal and external costs for the abatement.The invoice shall
be mailed by first class mail addressed to the owner at the address of the property abated and to
the last known address of the owner as reflected in the records of the Larimer County Treasurer.
The invoice shall also be mailed by first class mail to any known agent of the owner at their last
known address(es)within the City’s records or as found in other publicly available records.The
total costs so invoiced shall be paid to the City by the owner or their agent within forty-five (45)
days of the date of the invoice.If not paid when due,the total assessed cost shall accrue interest
at the rate of eight percent (8%)compounded annually.
c)The City’s assessed total cost of abatement,as stated in the invoice sent under this Section,
plus the interest accruing thereon,shall be deemed a perpetual lien imposed upon the property
from the date such assessed cost became due until paid and shall have priority over all other
liens,except general taxes and prior special assessment liens.The Financial Officer,or their
designee,is authorized to thereafter certify to the Larimer County Treasurer the list of delinquent
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assessments so billed,giving the name of the owner as it appears of record,the number of the
lot and block and the amount of the assessment plus interest accrued to that date.The certification
shall be the same in substance and form as required for the certification of other taxes.The
County Treasurer,upon receipt of such certified list,is hereby authorized to place it upon the
tax list for the current year and to collect the assessment and interest in the same manner as
general property taxes are collected together with any charges as may by law be made by the
County Treasurer and all laws of the state for the assessment and collection of general taxes,
including the laws for the sale of property for unpaid taxes and the redemption thereof,shall
apply to and have full force and effect for the collection of all such assessments and interest.
d)If the offending property is not subject to taxation or for any other reason,the City may
elect alternative means to collect the amounts due pursuant to this Article,including the
commencement of a judicial action at law or in equity,to include,without limitation,
commencement of a civil action in Larimer County District Court to judicially foreclose the lien
and,after judgment,pursue such remedies as are provided by law.
Sec.20-1 19.Presumption and owner responsibility.
Any person who has possession or control of a property as an owner,lessee,agent,or occupant
where any nuisance activity exists or has occurred shall be presumed under this Article to be the
person causing or allowing the nuisance activity unless the circumstances and evidence clearly
indicate otherwise.Notwithstanding this presumption and any other provision of this Article,
nothing herein shall be construed to release the owner of a property on which there is a public
nuisance or that has become a chronic nuisance property from the legal obligations and
responsibilities they have under this Article and any other laws to prevent their property from
becoming a public nuisance or chronic nuisance property and to abate any nuisance activity
occurring or existing on their property.
Sec.20-120.Strict Liability.
All misdemeanor offenses under this Article and the civil infraction under §20-130 shall be
strict liability offenses requiring no culpable mental state of any type or degree.
Sec.20-121.Proof of nuisance activities.
In any criminal proceeding under this Article,the City shall have the burden of proving beyond
a reasonable doubt that any alleged nuisance activity occurred on the property,including proving
all the elements of the offense constituting the nuisance activity except as hereafter provided.In
any civil proceeding under this Article,the City shall have the burden of proving by a
preponderance of the evidence that any alleged nuisance activity occurred on the property,
including proving all the elements of the offense constituting the nuisance activity except as
hereafter provided.However,the City shall not be required in either case to prove that a person
was cited,held liable for,or convicted in municipal or any state court for the civil or criminal
charge underlying that nuisance activity.If,however,a person is held liable for or convicted of
the civil or criminal charge underlying the alleged nuisance activity and such decision is final,
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that decision shall be deemed by the Municipal Court as conclusive evidence the nuisance
activity occurred and the City need only prove the nuisance activity occurred on the property.
Sec.20-122.Mitigating factor.
If the owner,lessee,agent,or occupant who is a party-defendant in an action under this Article
was the victim of or person harmed by the nuisance activity or activities that form the basis for
the public nuisance on the property or for the property becoming a chronic nuisance property,
the court may take this fact into consideration as a mitigating factor in determining such party’s
liability or guilt in such action,but only if the court also finds that:(i)the party or someone
acting on their behalf promptly reported the nuisance activity or activities to the proper law
enforcement agency;and (ii)at the time the activity or activities occurred,the party,or owner
or lessee of the property,had reasonably effective means in place to prevent such activity or
activities from occurring on the property or to manage them if prevention is riot reasonably
practicable.These means may include,without limitation,security cameras,security services,
fencing,on-site personnel,and any other services,equipment,or facilities that have as their
function to prevent,in whole or part,nuisance activities from occurring or existing on the
property.
Reserved Sec.20-123 through Sec.20-124
Division 2.CrIminal Action
Sec.20-125.Misdemeanor Violation.
a)It shall be a violation of this Article and a misdemeanor offense subject to the penalties
of 4 1-15 of this Code for any person to:
1)Fail to remove and abate the public nuisance from the property within the time
specified in the notice to abate after being served with the notice to abate as provided in
20-113;or
2)Interfere with or prevent,or attempt to interfere with or prevent,a code
enforcement officer,other City employee,or City contractor from abating any public
nuisance as authorized under this Article.
b)Each and every day during which any public nuisance continues to exist on a property
after the time period for abatement as stated in the notice to abate,shall be deemed a separate
offense and prosecutable and punishable as a separate offense.
Reserved Sec.20-126 through Sec.20-129
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Division 3.Civil Infraction
Sec.20-130.Penalty assessment.
a)In lieu of issuing a citation for a misdemeanor violation under §20-125,a code enforcement
officer may issue a civil penalty assessment notice for a civil infraction to any person for failing
to abate the public nuisance from the property within the time specified in the notice to abate after
being served with the notice to abate as provided in §20-113.
b)The civil penalty assessment notice shall be a summons and complaint containing
identification of the person cited,description of the public nuisance to be abated,and the applicable
civil penalty assessment as set forth below in subsection (I),a requirement that the person pay the
assessment or appear in Municipal Court to answer the charge as set forth in the summons and
complaint and a waiver of the right to a trial on the offense specified on the summons and
complaint.
c)If the person issued a civil penalty assessment notice chooses to acknowledge their liability,
they may pay the specified assessment by mail or in person at the Municipal Court within the time
specified in the notice.If they choose not to acknowledge their liability,they may appear as
required in the notice.Upon trial,if the person is found liable,the civil penalty assessment imposed
shall not be less than the amount set forth in the civil penalty assessment notice but not more than
three thousand dollars ($3,000),as determined by the court,and court costs may be assessed in
addition to the penalty assessment.
d)Civil infractions under this Section shall be enforced and tried in Municipal Court in
accordance with the Rules for Civil Infractions in Article V of Code Chapter 19.
e)Each and every day during which any public nuisance continues to exist on a property
after the time period for abatement as stated in the notice to abate shall be deemed a separate
civil infraction and prosecutable and punishable as a separate infraction for a penalty assessment
under this Section.
1)The code enforcement officer shall designate in the penalty assessment notice the amount
of the civil penalty assessment according to the following schedule:
1)For the first infraction at a property,a penalty assessment of two hundred and fifty
dollars ($250);
2)For a second infraction at a property within a sixty (60)day period,a penalty
assessment of five hundred dollar ($500);
3)For a third infraction at a property within a one hundred and twehty (120)day
period,a penalty assessment of one thousand dollars ($1,000);and
4)For a fourth and any subsequent inf~~raction at a property within a one (1)year period,
a penalty assessment of two thousand dollars ($2,000)for each infraction.
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Reserved Sec.20-131 through 20-134
Division 4.Chronic Nuisance Property
Sec.20-135.Notices for chronic nuisance property.
a)Upon discovery that a property will become a chronic nuisance property if one more
nuisance activity occurs on the property within the requisite time period,a code enforcement
officer may issue and serve a written warning notice in the same manner provided for a notice to
abate in §20-113(d).Issuance of this warning notice shall not be a prerequisite to any proceedings
under this Division 4.
b)Upon discovery that a property has become a chronic nuisance property,a code
enforcement officer shall issue and serve a notice of chronic nuisance property as provided in
subsection (d)of this Section.
c)The notice of chronic nuisance property is a lawful order.Each directive in it is a separate
lawful order,and failure to obey any directive is subject to the penalties set forth in §20-137.
d)The notice of chronic nuisance property shall be deemed properly served if personally
served on the owner of the property or sent by first class mail to the owner at the owner’s address
as stated in the records of the Larimer County Treasurer.If the notice is returned as undeliverable,
the notice shall be deemed properly served if it is thereafter posted in a conspicuous place on the
property.The notice shall contain the following information:
1)the street address or a legal description sufficient for identification of the property;
2)a factual description of the nuisance activities that have occurred on the property,
including the dates of the nuisance activities;
3)a statement that the property owner must respond to the notice within ten (10)days
of the date of the owner’s receipt of the notice or date of the posting,whichever is later,
with a written plan to abate the nuisance activities;
4)a statement that the owner’s requirement to provide a written plan to abate the
nuisance is a lawful order,and that failure to provide a written plan and enter into an
abatement agreement as described below in §20-136 could subject the owner to criminal
and civil penalties as provided in §20-137;
5)a warning that,if the owner does not respond,as required,or if the nuisance activity
is not voluntarily abated to the satisfaction of the code enforcement officer,the City may
file a civil action to abate the property as a chronic nuisance property under the provisions
of Division 5 in this Article;and
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6)a statement that the cost of future enforcement at the property as a result of nuisance
activities shall be billed to the property owner and could become a lien against the property
if not paid as provided in §20-118.
Sec.20-136.Agreement to abate chronic nuisance property.
a)An owner issued a notice of chronic nuisance property pursuant to §20—135 shall,within
ten (10)days of such receipt or date of the posting,whichever is later,contact the code enforcement
officer who issued the notice or other contact individual designated in the notice and enter into an
abatement agreement with the City to eliminate the conditions,behaviors,or activities which
constitute the nuisance activity at the property.
b)If the owner does not timely respond to the notice under subsection (a)of this Section,or
the owner does timely respond but the City and owner are unable to agree to an abatement
agreement within thirty (30)days of the date of the notice,the City may proceed to abate the
nuisance activities using any of the processes and remedies provided for in this Article or to cite
the owner for a misdemeanor violation under §20-137.
c)If the owner fails to comply with any of the terms and conditions of the written abatement
agreement entered into with the City under this Section,the City may file a civil action in
Municipal Court or Larimer County District Court to enforce the abatement agreement in
accordance with its terms and conditions.
See.20-137.Misdemeanor Violation.
Any property owner who fails to obey any notice of chronic nuisance property issued by the code
enforcement officer under §20-135 to timely abate a chronic nuisance property or to timely enter
into an abatement agreement as provided in §20-136,is guilty of a misdemeanor and subject to
the penalties set forth in §1-15(a)of this Code.Each day’s continuation of a violation or failure
to comply is a separate offense.
Reserved Section 20-138 through Section 20-139.
Division 5.Civil Abatement Action
Sec.20-140.Civil action to abate a public nuisance or chronic nuisance property.
If a public nuisance has not been abated within the time period stated in the notice to abate as
provided under §20-113,or if the property owner does not timely respond to the notice of chronic
nuisance property as provided in §20-135,or if the owner does timely respond but the City and
owner are unable to agree to a written abatement agreement within thirty (30)days of the date of
the notice as provided in §20-136,the City may abate the public nuisance or chronic nuisance
property using the following procedures and other provisions of this Division 5:
a)The City Attorney shall initiate the civil action in Municipal Court to have the public
nuisance or chronic nuisance property declared as such by the court and for an order enjoining the
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public nuisance or chronic nuisance property and authorizing its restraint,removal,termination,
or abatement.
b)The action shall be commenced by filing a verified complaint,which may be accompanied
by a motion for a temporary abatement order as provided in §20-141.The action shall be
conducted under and governed by the Colorado Rules of Civil Procedure as provided in §19-3(b)
except as otherwise provided in this Article.The burden shall be upon the City to prove the
existence of the public nuisance or chronic nuisance property by a preponderance of the evidence
and the party-defendant(s)shall have the burden to establish any affirmative defense by a
preponderance of the evidence.The rules for discovery and disclosure in this civil proceeding
shall be those in Rules 316,326,331,and 332 of the Colorado Rules of County Court Civil
Procedure and not the rules for discovery and disclosure in the Colorado Rules of Civil Procedure.
In addition,no party-defendant may file any counterclaim,cross claim,third-party claim,or set-
off of any kind in any action under this Division 5.
c)The party-defendant(s)to an action commenced under this Section and the person(s)liable
for the remedies in this Section may include:
1)The property itself;
2)Any person owning or claiming any legal or equitable interest in the property;
3)All lessees and occupants of the property;
4)All managers and agents for any person claiming a legal or equitable interest in the
property;
5)Any person committing,conducting,promoting,facilitating,or aiding in the
commission of the public nuisance or chronic nuisance property;and
6)Any other person whose involvement may be useful to abate the public nuisance or
chronic nuisance property,prevent it from recurring,or to carry into effect the Municipal
Court’s orders.
None of these parties shall be deemed necessary or indispensable parties in the action.Any person
holding a legal or equitable interest in the property who has not been named as a party-defendant
may intervene in the action as a party-defendant.No other person may intervene.
d)The summons,complaint and,if applicable,the motion for temporary abatement,filed with
Municipal Court under this Section may be served by a code enforcement officer.
e)The civil action under this Division 5 shall be heard by the Municipal Court on all factual
and legal issues without a jury.
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Sec.20-141.Abatement orders.
a)Issuance and effect of temporary and permanent abatement orders.The issuance of
temporary or permanent abatement orders under this Article shall be governed by the provisions
of Rule 65 of the Colorado Rules of Civil Procedure,pertaining to temporary restraining orders,
preliminary injunctions and permanent injunctions,except to the extent otherwise provided in this
Article,in which event the provisions of this Article shall control.Temporary abatement orders
provided for in this Article shall go into effect immediately when served upon the property or party
against whom they are directed.Permanent abatement orders shall go into effect as determined by
the Municipal Court.No bond or other security shall be required of the City upon the issuance of
any temporary abatement order or permanent abatement order.
b)Form and scope of abatement orders.Every abatement order under this Article shall set
forth the reasons for its issuance;shall be reasonably specific in its terms;shall describe in
reasonable detail the acts and conditions authorized,required or prohibited;shall be narrowly
tailored to address the particular kinds of acts or omissions that form the basis of the public
nuisance;and shall be binding upon the property,the parties to the action,their attorneys,agents
and employees,and any other person named as a party-defendant in the public nuisance action and
served with a copy of the order.
c)Substance of abatement orders.Temporary and permanent abatement orders entered under
this Article may include:
1)Orders requiring any party-defendant to abate the public nuisance or chronic
nuisance property;
2)Orders authorizing code enforcement officers to take reasonable steps to abate the
public nuisance or chronic nuisance property and prevent it from recurring,considering the
nature and extent of acts and omissions causing the public nuisance;
3)Orders requiring certain named individuals to stay away from the property at all or
specific times;
4)Orders reasonably necessary to access,maintain,or safeguard the property;and/or
5)Orders reasonably necessary to abate the public nuisance or chronic nuisance
property and/or preventing them from occurring or recurring;provided,however,that no
such order shall require the seizure of,the forfeiture of title to,or the temporary or
permanent closure of a property,or the appointment of a special receiver to protect,
possess,maintain,or operate a property.
d)Temporary abatement orders.
1)The purpose of a temporary abatement order shall be to temporarily abate an alleged
public nuisance or chronic nuisance property pending the final determination of a public
nuisance or chronic nuisance property.A temporary abatement order may be issued by the
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Municipal Court pursuant to the provisions of this Section even if the effect of such order
is to change,rather than preserve,the status quo.
2)At any hearing on a motion for a temporary abatement order,the City shall have
the burden of proving that there are reasonable grounds to believe that a public nuisance
occurred in or on the property or the property is a chronic nuisance property and,in the
case of a temporary order granted without notice to the property owner,that such order is
reasonably necessary to avoid some immediate,irreparable loss,damage,or injury to the
public interest or any other person or property.
3)At any hearing on a motion for a temporary abatement order or a motion to vacate
or modify a temporary abatement order,the Municipal Court shall temper the rules of
evidence and admit hearsay evidence unless the court finds that such evidence is not
reasonably reliable and trustworthy.The Municipal Court may also consider the facts
alleged in the verified complaint.
e)Permanent abatement orders.
1)At the trial on the merits of a civil action commenced under this Division,the City
shall have the burden of proving by a preponderance of the evidence that a public nuisance
is occurring or existing on the property,or the property is a chronic nuisance property.The
Colorado Rules of Evidence shall govern the introduction of evidence at all such trials.
2)Where the existence of a public nuisance or chronic nuisance property is established
in a civil action under this Division after a trial on the merits,the Municipal Court shall
enter a permanent abatement order requiring the party—defendant(s)to abate the public
nuisance or chronic nuisance property and take specific steps to prevent the same from
occurring or recurring on the property or in using the property.
Sec.20-142.Motion to vacate or modi&temporary abatement orders.
a)General.When a temporary abatement order against a property owner is in effect,such
property owner may file a motion to vacate or modify said order.Any motion filed under this
Subsection (a)shall state specifically the factual and legal grounds upon which it is based,and
only those grounds may be considered at the hearing.The Municipal Court shall vacate the order
if it finds by a preponderance of the evidence that there are no reasonable grounds to believe that
a public nuisance was committed in or on the property or that the property is a chronic nuisance
property.The court may modify the order if it finds by a preponderance of the evidence that such
modification will not be detrimental to the public interest and is appropriate,considering the nature
and extent of the alleged public nuisance or chronic nuisance property.
b)Continuance qf hearing.Except for good cause shown by any party,the Court shall not
grant a continuance of any hearing set under this Section unless all the parties so stipulate.
c)Consolidation of hearing with other proceedings.If all parties so stipulate,the Municipal
Court may order the trial on the merits to be advanced and tried with the hearing on these motions.
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Section 20-143.Civil Penalty.
a)The Municipal Court may impose upon the property owner a civil penalty in the amount
of not less than one hundred dollars ($100)and not more than one thousand dollars ($1,000.00)
per day,payable to City,for each day the courts finds that a public nuisance continued to exist on
the property after the time period for the required abatement as stated in the notice to abate
provided under §20-113 or for each day the court finds the property continued to exist as a chronic
nuisance property after the property owner does not timely respond to the notice of chronic
nuisance property as provide in §20-135,or the owner does timely respond but the City and owner
are unable to agree to a written abatement agreement within thirty (30)days of the date of the
notice as provide on §20-136.
b)In establishing the amount of any civil penalty requested,the Municipal Court may
consider,without limitation,any of the following factors:
1)The action or inaction taken by the owner to mitigate or correct the nuisance
activities at the property;
2)Whether the nuisance activities at the property were repeated or continuous;
3)The magnitude or gravity of the nuisance activities;
4)The level of cooperation of the owner with the City;
5)The cost incurred by the City in investigating and correcting,or attempting to
correct,the public nuisance at the property or the chronic nuisance property;
6)The disturbance of neighbors;and
7)Whether the nuisance activities continued on the property after the City provided
the notice to abate under §20-113 or the notice of chronic nuisance property under §20-
135.
Sec.20-144.Civil judgment.
In any action under this Division in which a public nuisance or chronic nuisance property is
established,in addition to the other remedies provided in this Division,the Municipal Court may
impose a separate civil judgment on every party-defendant who committed,conducted,promoted,
facilitated,permitted,failed to prevent or otherwise let happen any public nuisance in or on the
property or for the property to become a chronic nuisance property.This civil judgment shall be
for any civil penalties awarded to the City under §20-143 and to reimburse the City for the City’s
internal and external costs,as set in the City Manager’s approved schedule of fees as provided for
in §20-118(a),the City has incurred and will incur in pursuing the remedies under this Article
against the property,which shall include,without limitation,the City’s reasonable attorney fees
and costs.
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Sec.20-145.Misdemeanor violation and entry order.
a)The remedies provided in this Division shall be civil and remedial in nature except that,
if any person knowingly fails or refuses to abide by a temporary or permanent abatement order
issued by the Municipal Court under the provisions of this Division.such person shall be guilty
ofa misdemeanor and,upon conviction,shall be punished by the penalties provided in §1-15 of
this Code.
b)In any action filed under the provisions of this Division,if any party-defendant fails,
neglects,or refuses to comply with an order of the Municipal Court,the court may,upon the motion
of the City,in addition to or in the alternative to the remedy of contempt and the possibility of
criminal prosecution,permit the City to enter upon the property to abate the public nuisance or
chronic nuisance property,take steps to prevent it from occurring again,and perform such other
acts required of any party-defendant in the court’s orders.
Sec.20-146.Stipulated alternative remedies.
a)The City and any party-defendant to an action under this Division may voluntarily stipulate
to orders and remedies,temporary or permanent,that differ from those provided in this Division.
b)The Municipal Court may accept such stipulations for alternative remedies and may make
such stipulations an order of the court,enforceable as an order of the court.
Section 3.That Section 19-3(b)of the City Code is hereby amended to read as follows:
Sec.19-3.Rules of procedure.
b)The Colorado Rules of Civil Procedure,as amended,shall govern the procedures in
Municipal Court in all civil actions for a cause arising under the Charter,Code and City
ordinances and as needed for the Municipal Court to determine whether it has
jurisdiction over a cause in a civil action,but not for actions for violations,offenses and
infractions of the Charter,Code and City ordinances which are to be governed by the
procedures established in Subsection (a)of this Section.In addition,the rules for
discovery and disclosure in civil abatement actions under Division 5 in Article IX of
Code Chapter 20 shall be those in Rules 316,326,331,and 332 of the Colorado Rules
of County Court Civil Procedure and not the rules for discovery and disclosure in the
Colorado Rules of Civil Procedure.References to the district court in the Colorado Rules
of Civil Procedure and references to the county court in the Colorado Rules of County
Court Civil Procedure shall be deemed to refer to the Municipal Court.
c)The Municipal Court shall liberally construe,administer and apply these adopted rules
of procedure as applicable in each civil action to secure the just,speedy and inexpensive
determination of that civil action.In these civil actions,the Municipal Court shall be
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vested with the full authority to provide civil remedies,including,without limitation,
equitable,injunctive and declaratory relief and to award costs and attorney fees to the
full extent permitted by law.It shall also have the power in those actions to compel the
attendance of witnesses,to punish for contempt of court and to enforce any award of
equitable,declaratory or injunctive relief through its contempt power in accordance with
the applicable provisions of the Colorado Rules of Civil Procedure,as amended.This
Section is not intended to create any new causes of action in the Municipal Court,nor to
provide procedures or relief beyond those contemplated by Rule 106(a)(4)of the
Colorado Rules of Civil Procedure to actions undertaken strictly within the sphere of
matters that are of the City’s local or municipal concern.
Introduced,considered favorably on first reading and ordered published this 15th day of
November,A.D.2022,and to be presented for final passage on the 6th day of December,A.D.
2022.
ATTEST:
City Cleric
Passed and adopted on final reading this 6th day
City ClerIc
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