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The remedies provided in this part shall be cumulative and in addition to any other remedies which may be available to the Code Enforcement Administrator, Zoning Administrator or Chief of Police. Nothing contained herein shall be construed to preclude the Code Enforcement Administrator, Zoning Administrator or Chief of Police from seeking other remedies in addition to, or in lieu of, the remedies granted. (Ord. 94-180; Ord. 96-99; Ord. 01-42)
PART 7 CIVIL ABATEMENT OF PUBLIC NUISANCES
SECTION:
9.6.701: Policy
9.6.702: Definitions
9.6.703: Procedure In General
9.6.704: Commencement Of Public Nuisance Actions; Prior Notification
9.6.705: Temporary Restraining Orders In General
9.6.706: Temporary Restraining Orders; Public Nuisances
9.6.707: Motion To Vacate Or Modify Temporary Restraining Order
9.6.708: Remedies For Public Nuisances
9.6.709: Civil Judgment
9.6.710: Affirmative Defenses
9.6.711: Lien Provisions
9.6.712: Supplementary Remedies For Public Nuisances
9.6.713: Other Seizures, Closures, Forfeitures, Confiscations And Remedies
9.6.714: Voluntary Abatement Agreement; Stipulated Alternative Remedies
9.6.715: Nuisance Abatement Advisory Committee
9.6.716: Limitation On Action
9.6.717: Severability
9.6.718: Expiration Of This Part
9.6.719: Summary Abatement By The Chief Of Police
A. City Council hereby finds and determines that the abatement of public nuisances for the protection of public health, safety and welfare is a matter of local concern. The purpose of this article is not to punish, but to remedy public nuisances. The remedies provided in this part are directed at the property involved without regard to ownership, title or right of possession and, unless otherwise provided, without regard to the culpability or innocence of those who hold these rights.
B. The public nuisances and the provisions of this part are entirely strict liability in nature. Unless otherwise provided, no culpability or mens rea of any type or degree shall be required for any of the public nuisances, actions, temporary restraining orders or remedies under the provisions of this part. (Ord. 00-104; Ord. 01-42)
ABATE: To bring to a halt, eliminate or where that is not possible or feasible, to suppress, reduce, and minimize.
BUILDING: A structure, which is enclosed with walls and a roof so that there are no sides left open.
CHIEF OF POLICE: Includes the Chief of Police and any person designated by the Chief of Police to enforce this part.
CLOSE, TO CLOSE, OR CLOSURE: To seize the property and remove all owners, tenants, occupants and other persons and animals from the real property, or a specified discrete portion of the property, and to lock, board, bar and otherwise close and prohibit all entry, access, and use of the real property, or a specified discrete portion of the property, except access and use as may be specifically ordered by the court for purposes of inventory, maintenance, storage, security and other purposes, and to vest the sole right of possession and control of the real property, or a specified discrete portion of the property, in the City of Colorado Springs for a limited period of time defined by court order.
GANG RELATED CRIMINAL ACTIVITY: Any criminal violation of Federal law, State law or City Code committed by any person or persons, individually or acting jointly through a conspiracy or in complicity, where the person(s) is a member of an association or organization which has as one of its purposes the commission of crime.
LEGAL OR EQUITABLE INTEREST OR RIGHT OF POSSESSION: Every legal and equitable interest, title, estate, tenancy and right of possession recognized by law and equity, including any right or obligation to manage or act as agent or trustee for any person holding any interest or right.
PARCEL: Any lot or other unit of real property or any combination of contiguous lots or units owned by the same person or entity.
PERSON: Natural persons and every legal entity whatsoever, including, but not limited to, corporations, limited liability companies, partnerships, limited partnerships and associations.
PROPERTY: Property of any kind, real or personal.
PUBLIC NUISANCE: Any place where people congregate, which encourages a disturbance of the peace or where the conduct of persons in or about that place annoys or disturbs the peace of the occupants of or persons attending the place, the residents in the vicinity or the passersby on the public street or highway. Evidence of the existence of a nuisance shall include evidence of two (2) or more occurrences of illegal activity in, at or upon the premises. Evidence may include, but shall not be limited to, evidence that two (2) or more of the following illegal activities are occurring in, at or upon the premises, or that the premises are used to commit, conduct, promote, facilitate or aid the commission of any of the following activities (for purposes of this section the illegal activity shall have the same definition as that contained in the pertinent section[s] of the Colorado Revised Statutes [CRS], as amended, or the pertinent section[s] of the Code of the City of Colorado Springs [City Code]):
A. Prostitution, soliciting for prostitution, pandering, keeping a place of prostitution, pimping, or public indecency;
B. Unlawful discharge, possession, carrying, flourishing, concealment, storage, use or sale of firearms, knives and/or assault weapons, dangerous weapons and substances or defaced firearms, or any offense relating to incendiary devices;
C. The selling, serving, giving away, disposing of, exchanging, delivering or permitting the sale, serving, giving or procuring of any malt, vinous, or spirituous liquor or fermented beverage to or for any person under lawful age or to a visibly intoxicated person. However, if a person who, in fact, is not of lawful age exhibits a fraudulent proof of age, then the selling, serving, procuring, giving away or dispensing of beverages to that person shall not constitute evidence of a public nuisance;
D. The sale at retail of any malt, vinous or spirituous liquors, or fermented malt beverages in sealed containers, or the manufacture, sale or possession for sale of any malt, vinous or spirituous liquors, or fermented malt beverages without holding a valid license in full force and effect to do so;
E. Any gang related criminal activity;
F. Any drive-by crime;
G. Any assault, fighting, or disorderly conduct crime;
H. Possession with intent to distribute, cultivation, manufacture or sale of any illegal drug or controlled substance;
I. Continuous or recurring violations of fire, sanitary or health codes which either singly or taken as a whole constitute a significant threat to the health, safety or welfare of one or more persons. Violations of this type shall only be actionable as a public nuisance when found in combination with other types of public nuisance violations.
REAL PROPERTY: Land and all improvements, buildings and structures, and all estates, rights and interests, legal and equitable, in land and improvements.
RECEIVERSHIP: Special receivership on the terms set out in this part.
STRUCTURE: Anything constructed, erected or placed upon real property which is so firmly attached to the land as to reasonably be considered part of the real estate, and includes buildings of every type and nature whatsoever. (Ord. 00-104; Ord. 01-42; Ord. 09-96)
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