A. Remedies Cumulative And Supplementary: The remedies provided in this part are cumulative and supplementary to any other criminal ordinance or statute, other civil remedies and any administrative proceedings to revoke, suspend, fine or take other action against any license. The City may pursue the remedies provided in this part, criminal penalties provided by other ordinances or statutes, other civil actions or remedies, administrative proceedings against a license or any one or more of these, and may do so simultaneously or in succession.
B. No Delay In Civil Action: In the event that the City pursues both criminal remedies provided in any other section, other civil remedies or the remedies of any administrative action and the remedies of this part, the civil action provided in this part shall not be delayed or held in abeyance pending the outcome of any proceedings in the other criminal, civil or administrative action, or any action filed by any other person, unless all parties to the action under this part so stipulate.
C. Principles: All actions under this part shall be civil and remedial in nature. All issues of fact and law shall be tried to the court without a jury. All seizure, closure, receivership and destruction remedies under this part shall be in rem. Injunctive remedies under this section may be partly in personam. The burden of proof in all proceedings under this part, including proof of the underlying criminal activity forming the basis of a public nuisance, shall be by a preponderance of the evidence, unless a different burden of proof is specified.
D. Jurisdiction, Duties And Power: Pursuant to Colorado constitution article XX, section 6 and City Charter section 8-10, the Municipal Court for the City of Colorado Springs is hereby granted the jurisdiction, duties and powers for this part.
E. Governance Of Proceedings: Proceedings under this part shall be governed by the Colorado Rules of Civil Procedure ("CRCP") unless this part provides a more specific rule. Public nuisance actions shall be included in the category of "expedited proceedings" specified in CRCP rules 16 and 26. Discovery shall be governed by the Colorado Rules of County Court Procedure. The period of time specified for the filing of an answer is increased to thirty (30) days. Where this part or the CRCP fail to state a rule of decision, the court shall first look to the public nuisance abatement act, Colorado Revised Statutes section 16-13-301 et seq., and the cases decided thereunder.
F. Filing: Actions under this part shall be filed by the Office of the City Attorney for the City of Colorado Springs.
G. Complaint: An action under this part shall be commenced by the filing of a verified complaint or a complaint verified by an affidavit and a motion for temporary restraining order.
H. Parties Defendant To Action: The parties defendant to the action and the persons liable for the remedies in this part include the property itself, any person owning or claiming any legal or equitable interest or right of possession in the property, all tenants and occupants at the property, all managers and agents for any person claiming a legal or equitable interest in the property and any other person whose involvement may be necessary to abate the nuisance, prevent it from recurring or enforce the court's orders. None of these parties shall be deemed necessary or indispensable parties.
I. Service:
1. The parties defendant shall be served in accord with the CRCP except as otherwise provided in this part.
2. The summons, complaint and temporary restraining order shall be served upon the real property itself by posting copies of the same in some prominent place on the real property and by serving a copy of the same to any person found in possession at the time of posting.
3. The summons, complaint and temporary restraining order shall be served upon:
a. The owner of the real property as reflected in the records of the El Paso County Assessor's Office in accord with the CRCP.
b. Any on site property manager/landlord of the building housing the rental unit occupied by any tenant(s) who has engaged in the conduct proscribed by this part, by certified mail and deemed perfected when sent to the on site address.
c. Any off site property manager/landlord by certified mail and deemed perfected when sent to the last known address as reflected in the billing records of the Colorado Springs Utilities.
d. Service shall be sent at least thirty (30) days prior to the temporary restraining order becoming effective.
4. For the purposes of computing and calculating periods of time when service is effectuated by this part, service shall be deemed given when served upon the owner of the real property or the property posted, whichever occurs later.
J. Notice Of Lis Pendens: The City may file a notice of lis pendens against the real property subject to this part.
K. Right Of Entry: The City is authorized to enter upon properties for the purposes of posting the notices required by subsection I of this section and section 9.6.704 of this part, and to affix the notices in any reasonable manner to building and structures.
L. Removal Of Notice Prohibited: It is unlawful for any person other than the City or its designee to remove any notice posted under the provisions of this part. Any violation of this subsection shall be considered a separate municipal ordinance violation and shall be punished in accord with chapter 1 of this Code. (Ord. 00-104; Ord. 01-42)