A. Strict Liability: Vehicular public nuisance actions and the provisions of this article 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 vehicular public nuisance allegations, actions, temporary restraining orders, or remedies under the provisions of this article.
B. Remedies Cumulative And Supplementary: The remedies provided in this article are cumulative and supplementary to any criminal ordinance or statute, other civil remedies, and/or any administrative proceedings to revoke, suspend, fine, or take other action against any license or license holder. The City and other entities may pursue the remedies provided in this article, 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. Any definition of "public nuisance" or "vehicular public nuisance" located in any other article of the City Code is not impacted by this article. The definitions in this article are intended to apply to this article exclusively.
C. No Delay In Proceedings: In the event that the City or other relevant entity pursues criminal remedies provided in any other section, other civil remedies, or the remedies of any administrative action and the remedies of this article, the civil action provided in this article 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 so stipulate.
D. Nature Of Action: All actions under this article shall be civil and remedial in nature without a punitive element. All issues of fact and law shall be tried to the Court without a jury. All closure, receivership and destruction remedies under this article shall be in rem. Injunctive remedies under this section may be partly in personam.
E. Burden Of Proof: The burden of proof in all proceedings under this article, including proof of the underlying criminal activity forming the basis of a vehicular public nuisance, shall be by a preponderance of the evidence unless a different burden of proof is specified.
F. Rules Of Evidence: In any hearing to determine whether there is probable cause, the Court shall temper the rules of evidence and admit hearsay evidence unless the Court finds that such hearsay evidence is not reasonably reliable and trustworthy.
G. 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 article.
H. Rules Governing Action And Discovery: Proceedings under this article shall be governed by the Colorado Rules of Civil Procedure ("C.R.C.P.") to the extent that they are not in conflict with this article. Vehicular public nuisance actions shall be included in the category of "expedited proceedings" specified in C.R.C.P. Rules 16 and 26. Discovery shall be governed by the Colorado Rules of County Court Procedure. Where this article or the C.R.C.P. fail to state a rule of decision, the Court shall first look to the state Public Nuisance Abatement Act, Colorado Revised Statutes sections 16-13-301 et seq., and the cases decided thereunder.
I. Filing: Actions under this article shall be in writing and filed by the Office of the City Attorney for the City of Colorado Springs.
J. Defendant(s) To Action: The defendant(s) to the action, and the persons liable for the remedies in this article, include the motor vehicle itself, any person owning or claiming any legal or equitable interest or right of possession in the motor vehicle or personal items inside the motor vehicle, all managers and agents for any person claiming a legal or equitable interest in the motor vehicle, and any other person whose involvement may be necessary to abate the vehicular public nuisance, prevent it from recurring, or to enforce the Court's orders. None of these parties shall be deemed necessary or indispensable parties. Only the above enumerated parties may intervene in the civil action.
K. Standing: To establish standing to intervene or file motions/pleadings in a vehicular public nuisance action a party must first prove by a preponderance of the evidence that the party has an ownership interest in the motor vehicle at issue, or personal property contained therein. Ownership or registered interest in the property may be proved with reference to the factors enumerated in Colorado Revised Statutes section 16-13-303(5)(c).
L. Consolidation Of Actions: Actions under this article may be consolidated with other civil actions under the same article involving the same property. Actions under this article shall not be consolidated with any other civil or criminal action. No party may file any counterclaim, cross-claim, third party claim, or setoff of any kind in this action.
M. Service Of Process By Mail: Service of process upon the owners and lienors of a motor vehicle shall be deemed sufficient if a copy of the same is sent via first-class mail to the person shown as the owner or lienor on the records of the Colorado Department of Revenue, Division of Motor Vehicles, or any similar department of any sister state, as of the date of the vehicular public nuisance offense, or at the last known address given by the owner or listed upon any government issued identification document bearing the photograph of the owner, or listed upon apparently valid documents verifying the owner's recent purchase of the motor vehicle that are in accordance with the laws of the state, presented to or found by any law enforcement officer whether or not the documents are actually received. Service shall be deemed completed seven (7) days after mailing via first-class mail.
N. Rulings On Pleadings: The issuance of a temporary restraining order, orders on stipulated filings, entry of written stipulations and voluntary abatement agreements, entry of default judgment, and other uncontested matters pursuant to this article shall be ruled on by the Court based upon the written pleadings and without the appearance of the parties, unless otherwise deemed necessary by the Court. (Ord. 21-33; Ord. 23-01)