A. Notification Prior To Filing Vehicular Public Nuisance Action: At least twenty-one (21) calendar days before filing a civil action under this article, written notice shall be served upon the owners and lienors of a motor vehicle alleged to be a vehicular public nuisance. Service shall be in accordance with City Code subsections 10.29.104M.
B. Contents Of Notice: The notice shall describe the nature of the alleged vehicular public nuisance, shall identify, to the extent possible, the person(s) actively involved in the vehicular public nuisance and identify the specific motor vehicle involved. The notice shall further advise the recipient that an action under this article may be filed unless the recipient enters into a voluntary abatement agreement with the City pursuant to City Code section 10.29.112 within twenty-one (21) days of service of the notice.
1. Filing Of Notice: A copy of the prior notification required by City Code subsection 10.29.105B shall be referenced in, and included as an exhibit to, the complaint commencing any action and shall include the date of mailing, identifying information, and any address information obtained pursuant to City Code subsection 10.29.104M.
C. Reasonable Assistance: The Colorado Springs Police Department shall provide reasonable assistance in any effort to voluntarily abate a vehicular public nuisance.
D. No Defense: The fact, if it exists, that a defendant took steps to abate a vehicular public nuisance after receiving the notice specified in this section shall not constitute a defense to an action. However, it may be considered when determining what remedies are appropriate after a finding of a vehicular public nuisance by the Court. (Ord. 23-01)