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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)
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)
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)
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)
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)
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)
Actions under this part shall be filed no later than one year after the public nuisance or the last in a series of acts constituting the public nuisance occurs. This limitation shall not be construed to limit the introduction of evidence of public nuisances that occurred more than one year before the filing of the complaint when relevant for any purpose. (Ord. 00-104; Ord. 01-42)
A. Whenever the Chief of Police determines that an emergency exists which both constitutes a nuisance and which requires immediate action to protect the public health, safety or welfare, the Chief of Police may initiate an emergency abatement by bringing the circumstances to the attention of the Municipal Court. The request for court ordered emergency abatement shall be made by the Chief of Police in writing and shall specify the form of relief requested. The request shall be accompanied by an affidavit setting forth the facts and circumstances which represent a nuisance and which requires immediate action to protect the public health, safety or welfare.
B. The Presiding Judge, upon a finding of probable cause that a condition exists which constitutes a nuisance and which requires immediate action to protect the public health, safety or welfare, may issue an order for abatement specifying relief as deemed appropriate by the court and shall order the Police Chief to take immediate corrective action to protect the public.
C. A person claiming a legal or equitable interest or right of possession in the real property may file, set, serve and have heard a motion to vacate or modify the emergency abatement order.
1. Any motion to vacate an emergency abatement order shall state specifically the factual and legal grounds upon which the motion is based. The motion shall be heard within ten (10) days of filing, but no sooner than two (2) business days after filing. The motion shall be personally served on the Prosecution Division of the Office of the City Attorney when the motion is filed.
2. At hearing, the City shall have the burden of proving by a preponderance of the evidence that a condition exists which constitutes a nuisance and which requires action to protect the public health, safety or welfare.
a. If the court finds that the emergency condition has been abated, and is not likely to reoccur, the court shall terminate its abatement order.
b. If the emergency condition continues to exist, the court shall issue orders necessary to abate the condition.
c. All orders under this section shall expire thirty (30) days from the granting of the abatement order unless the City Attorney's Office has initiated a nuisance action.
D. A report on the actions taken pursuant to the emergency abatement order shall be provided by the Chief of Police to the Municipal Court, in writing, no later than two (2) business days after the corrective action has commenced. The Chief of Police shall make reasonable efforts to promptly provide the owner of the property with a copy of this report.
E. Any person directed to leave the property by the emergency order or directed to cease and desist from conduct by the emergency order shall comply immediately and it shall be unlawful to fail or refuse to comply immediately.
F. In the event that the person in possession of the property fails or refuses to comply immediately, the Chief of Police may, without prior notice to the owner, occupant or agent of the owner, take the corrective action as ordered by the court.
G. Any expenses incurred by the City in enforcing the emergency abatement order shall be recovered as set out in this part.
H. No security or bond of any type shall be required of the City in obtaining any emergency abatement order under this part. (Ord. 09-96)