A. Policy And Goal: The goal of any voluntary abatement agreement is to abate the vehicular public nuisance, prevent vehicular public nuisances from recurring, deter future vehicular public nuisance activity, and protect the public interest.
B. General: The following general provisions apply to all voluntary abatement agreements:
1. The City, through the City Attorney's Office, Prosecution Division, and any defendant to an action under this article may, in writing, voluntarily stipulate to orders and remedies that are different from and may be less stringent than the remedies provided in this article.
2. The Court shall make the written stipulations and voluntary abatement agreement an order of the Court and shall enforce the same. The remedies provided in City Code section 10.29.111 shall be applicable in the event of noncompliance with the voluntary abatement agreement.
3. Filing of a voluntary abatement agreement prior to the commencement of an action shall preclude a civil action from being filed pursuant to this article for the vehicular public nuisance activity which was the subject of the voluntary abatement agreement, or shall signify the resolution of any civil action that was filed previously. Nothing herein shall preclude the filing of a new civil action pursuant to this article for new vehicular public nuisance activity occurring after filing of the voluntary abatement agreement, or newly discovered activity not explicitly addressed in the voluntary abatement agreement.
4. A voluntary abatement agreement shall require the defendant(s) to maintain any abatement terms or conditions for a period not less than one (1) year and not to exceed two (2) years.
C. Contents: Every voluntary abatement agreement shall be in writing, and shall contain the following terms or sections:
1. Stipulated Findings Of Fact: The document shall state the facts underlying the vehicular public nuisance activity and contain an admission or stipulation to those facts by the defendant(s) to the agreement.
2. Abatement Terms: The document shall also contain terms designed to abate the vehicular public nuisance activity. These can include, but are not limited to: excluded drivers, sale of the vehicle at issue, and/or any other agreed upon action that is likely to prevent the reoccurrence of any vehicular public nuisance activity.
3. Terms Regarding Release Of Vehicle: If the vehicle was detained pursuant to a temporary restraining order, the agreement shall contain a description of when the vehicle may be released, to whom, and the conditions that must be satisfied prior to the release. This can include, but is not limited to: release of the vehicle after a certain period of detention, release of the vehicle after payment of all towing/storage/impound fees, or release after signing a waiver of claims against the City.
4. Civil Judgment: Every voluntary abatement agreement must contain a term stipulating whether or not the civil judgment is to be assessed, and upon which parties, if any.
D. Pre-File Voluntary Abatement Agreement:
1. A voluntary abatement agreement may be executed and filed at any time prior to the commencement of a civil action under this article. A civil action case number will be assigned to effectuate this filing, and for the Court to enter the agreement as an enforceable order of the Court.
2. Upon the filing of a voluntary abatement agreement, no civil action for the vehicular public nuisance activity described therein shall be filed. However, this does not preclude action under City Code section 10.29.113 upon the occasion of non-compliance with the agreement and order of the Court.
E. Stipulated Voluntary Abatement Agreement:
1. A stipulated voluntary abatement agreement may be filed at any time following the filing and commencement of a civil action under this article.
2. The filing of a voluntary abatement agreement and adoption of the agreement as an order of the Court shall constitute the conclusion of the civil action. The voluntary abatement agreement shall contain terms which address any outstanding issues in the case.
F. Quick Release To Non-Involved Owner With Voluntary Abatement Agreement: A non-involved owner has the option to obtain a quick release of a detained vehicle upon the execution of a voluntary abatement agreement under this subsection.
1. Definition: A "non-involved owner" is a person who holds a legal or equitable interest in the vehicle at issue, and who neither participated in the activity constituting a vehicular public nuisance, nor knew or should have known that the vehicle would be used in the commission of a vehicular public nuisance.
2. Terms: A voluntary abatement agreement to obtain a quick release of a vehicle to a non-involved owner shall have the following terms and conditions unless otherwise stipulated:
a. The non-involved owner agrees and stipulates that the vehicle at issue was involved in the vehicular public nuisance activity.
b. If applicable, specified individual(s) will not be allowed access to the vehicular public nuisance vehicle for a period of two (2) years following the execution of the agreement.
c. The non-involved owner agrees that the vehicle will not be involved in any vehicular public nuisance activity for two (2) years following the execution of the agreement.
d. The non-involved owner agrees to pay in full the accrued towing costs and any fees associated with the impoundment or storage of the vehicle.
e. The non-involved owner agrees to waive any claims against the City, its agents or representatives, and the Colorado Springs Police Department, relating to the towing, storage and/or impoundment of the vehicle. Further, the non-involved owner agrees to indemnify the City for any claims against the City by third parties regarding the title or right of possession to the vehicle and/or any items contained therein.
f. The non-involved owner agrees that the vehicle may be listed on law enforcement information systems showing the person(s) who are restricted from access to said vehicle.
g. The non-involved owner agrees that upon a violation of this agreement, the City can open, or re-open, a civil action under this article without any prior notice requirements, and that upon written motion the Court may impose any and all remedies authorized by City Code section 10.29.111 without limitation.
h. The non-involved owner agrees that no trial on the merits will occur. At most, there will only be a hearing to prove by a preponderance of the evidence that there has been a breach of the voluntary abatement agreement and order of the Court.
3. Stolen Vehicles: Stolen vehicles can be released to the registered owner upon providing proof of ownership, proof the vehicle was stolen, and a voluntary abatement agreement to prevent similar vehicular public nuisances from occurring in the future. Monetary terms can be removed from any voluntary abatement agreement in this circumstance. (Ord. 21-33; Ord. 23-01)