9.6.704: COMMENCEMENT OF PUBLIC NUISANCE ACTIONS; PRIOR NOTIFICATION:
   A.   Notification Before Filing Civil Actions Under This Part:
      1.   At least thirty (30) calendar days before filing a civil action under this part, written notice shall be:
         a.   Posted at some prominent place on the real property.
         b.   Served upon the owner of the real property and upon any on site and/or off site manager/landlord of the real property if any person can reasonably be determined. The notice shall be served and deemed perfected by mailing, certified mail, return receipt requested, addressed to the owner of the property, as reflected in the records of the El Paso County Assessor's Office, to the on site and/or off site manager/landlord for the real property at the address as is reflected in the billing records of the Colorado Springs Utilities or at such other address as can be determined, and to the registered agent for any common interest community associated with the real property as defined in Colorado Revised Statutes section 38-33.3-101 et seq., if any, at the address reflected in the records of the Colorado Secretary of State.
         c.   Sent by first class mail addressed to any identifiable tenant or occupant of the specific real property.
         d.   Sent by first class mail addressed to the holder of the first deed of trust recorded on the real property as reflected on any ownership and encumbrance report, or recorded documents attached thereto, issued by any title company doing business within the State of Colorado.
      2.   The notice shall describe the nature of the alleged public nuisance, shall identify to the extent possible the person(s) actively involved in the public nuisance and identify the specific real property upon which the public nuisance exists. The notice shall further advise the recipient that an action under this part may be filed unless the recipient enters into a voluntary abatement agreement with the City pursuant to section 9.6.714 of this part within thirty (30) days of service of the notice.
   B.   Reasonable Assistance: The Colorado Springs Police Department shall provide reasonable assistance in any effort to voluntarily abate the public nuisance.
   C.   Exception To Prior Notification Requirement: The City shall not be required to provide notification by posting or mailing the notice specified in this section prior to filing a civil action under this part whenever it determines that the owner of the real property is engaged in the public nuisance activity. (Ord. 00-104; Ord. 01-42; Ord. 09-96)