9.6.709: CIVIL JUDGMENT:

In any case in which a public nuisance is established, in addition to the remedies provided above, the court shall impose a separate civil judgment on every person who committed, conducted, promoted, facilitated or aided the commission of any public nuisance or who held any legal or equitable interest or right of possession in any real property on or in which any public nuisance occurred. This civil judgment shall be for the purpose of compensating the City for the costs of pursuing the remedies under this part. The civil judgment shall be in the liquidated sum of five hundred dollars ($500.00) and shall be imposed as a judgment against each defendant independently, separately and severally. (Ord. 00-104; Ord. 01-42)

9.6.710: AFFIRMATIVE DEFENSES:

   A.   It shall be an affirmative defense to an action brought pursuant to this part that the owner of the property was not involved in the public nuisance or public nuisance activity and that the owner did not know and was not wilfully blind towards the public nuisance or public nuisance activity.

   B.   It shall be an affirmative defense to an action brought pursuant to this part that the owner has acted diligently and with good faith to correct the nuisance. In addition to any other facts the court considers relevant, the court shall consider the following in determining whether the owner has acted diligently and with good faith:

      1.   Whether the owner has taken all reasonable steps to abate the public nuisance activity and restrain and prevent future nuisance activity;

      2.   Whether the steps taken by the owner have been effective, the nuisance no longer exists, and recurrence of the nuisance condition does not appear likely; and

      3.   Whether the owner or any agent, employee or assign was involved in activity which created or encouraged the public nuisance condition. (Ord. 00-104; Ord. 01-42; Ord. 09-96)

9.6.711: LIEN PROVISIONS:

Any actual expenses incurred by the City for seizure, receivership, closure, abatement, emergency abatement, other reasonable expenses and any judgment entered pursuant to section 9.6.709 of this part, shall be an assessment against the real property. These expenses may include the use of private contractors when appropriate. A lien in favor of the City shall lie against the real property for the amount assessed and may be enforced pursuant to law. (Ord. 00-104; Ord. 01-42; Ord. 09-96)

9.6.712: SUPPLEMENTARY REMEDIES FOR PUBLIC NUISANCES:

In any action in which probable cause for the existence of a public nuisance is established, in the event that the parties defendant, or any one of them, fails, neglects, or refuses to comply with the court's temporary restraining orders, receiverships, closure and other orders, the court may, upon the motion of the City, in addition to or in the alternative to the remedy of contempt, permit the City to enter upon the real property and abate the nuisance, take steps to prevent public nuisances from occurring or perform other acts required of the defendants in the court's temporary restraining orders and other orders. (Ord. 00-104; Ord. 01-42)

9.6.713: OTHER SEIZURES, CLOSURES, FORFEITURES, CONFISCATIONS AND REMEDIES:

Nothing in this part shall be construed to limit or forbid the seizure, confiscation, closure, destruction, forfeiture of property or use of other remedies, now or later required, authorized or permitted by any other provision of law. Nothing in this part shall be construed as requiring that evidence and property seized, confiscated, closed, forfeited or destroyed under other provisions of law be subjected to the special remedies and procedures provided in this part. (Ord. 00-104; Ord. 01-42)

9.6.714: VOLUNTARY ABATEMENT AGREEMENT; STIPULATED ALTERNATIVE REMEDIES:

   A.   The goal of a voluntary abatement agreement, and other stipulated alternative remedies is to abate the public nuisance, prevent public nuisances from recurring, deter public nuisance activity and protect public interest. The City, through the City Attorney's Office, and any party defendant to an action under this part may voluntarily stipulate to orders and remedies that are different from and may be less stringent than the remedies provided in this part. The voluntary abatement agreement entered pursuant to this part is designed to voluntarily abate the public nuisance activity occurring on the real property and provide reasonable measures to prevent public nuisances from recurring on the real property. The voluntary abatement agreement shall address all public nuisance activity occurring on the real property at the time of its execution.

   B.   The Colorado Springs Police Department shall render reasonable assistance to effectuate the voluntary abatement agreement.

   C.   The court shall make the stipulations and voluntary abatement agreements an order of the court and enforce the same. The remedies provided in this part shall be applicable in the event of noncompliance with the voluntary abatement agreement.

   D.   Compliance and completion of a voluntary abatement agreement shall preclude a civil action from being filed pursuant to this part for the public nuisance activity, which was the subject of the voluntary abatement agreement. Nothing herein shall preclude the filing of a civil action pursuant to this part for new public nuisance activity occurring on the real property after completion of the voluntary abatement agreement, or activity not addressed in the voluntary abatement agreement. (Ord. 00-104; Ord. 01-42)

9.6.715: NUISANCE ABATEMENT ADVISORY COMMITTEE:

(Ord. 00-104; Ord. 01-42; Ord. 06-51; Rep. by Ord. 17-108)