TITLE 5
HEALTH AND SAFETY
CHAPTER 1
ABATEMENT OF NUISANCES
SECTION:
5-1-1: Definitions
5-1-2: Unlawful Condition On Private Property; Responsibility
5-1-3: Motor Vehicle Parking
5-1-4: Unlawful Condition Of Right Of Way
5-1-5: Town Abatement
5-1-6: Emergency Abatement
5-1-7: Recovery Of Expense Of Abatement
5-1-8: Violations And Penalty
5-1-1: DEFINITIONS:
   JUNK: Iron, brass, copper, tin, lead or other base metals; ropes, rags, fibers or fabrics; old bottles or other glass; rubber or rubber products; machinery, motor vehicle parts, inoperable/unlicensed trailers and inoperable/unlicensed motor vehicles as defined herein; tools, appliances, fixtures, lumber, unstacked firewood, utensils, cartons, containers, pipe and pipe fittings, conduit and conduit fittings; wastepaper; or other waste or discarded goods.
      Inoperable Motor Vehicle: A motor vehicle which is not capable in its present condition of being promptly started and driven under its own power.
      Inoperable/Unlicensed Motor Vehicle: A motor vehicle which is inoperable, or does not have a current license plate, or which lacks one or more of the following items which is otherwise standard factory equipment on any particular vehicle model:
         Door
         Fender
         Headlamp
         Muffler
         Properly inflated tire
         Side or rear window
         Wheel
         Windshield
      Inoperable/Unlicensed Trailer: A trailer which is inoperable due to a flat tire, lack of a wheel, lack of structural integrity, lack of a current license plate, or other similar reasons which render it inoperable.
   NUISANCE: A substance, act, occupation, condition or use of property which is of such nature and continues for such length of time as to:
   A.   Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or
   B.   In any way render the public insecure in life or in the use of property; or
   C.   Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway or other public way; or
   D.   Constitute a failure to maintain detention ponds, drainageways, landscaping, lighting, trash enclosures, signage, retaining walls, irrigation systems, screening, fencing, parking lots, private driveways and streets and other conditions of private property in accordance with the provisions of a rezoning, plat, official development plan, fencing or landscaping plan, site plan, design standards, permit, or any other land development document approved by the town.
In all cases where no provision is made defining nuisances and how the same may be removed, abated or prevented, in addition to what may be declared such herein, those offenses which are known to the common law of the land and statutes of Colorado as nuisances may, in case the same exist within the town, be treated as such and proceeded against as provided in this chapter, or in accordance with any other provision of law.
   PERSON: Any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or any of their managers, officers or employees.
   PUBLIC VIEW: An observation from any location exterior to the property.
   RUBBISH: Includes, but is not limited to, all solid and liquid waste and litter, whether combustible or noncombustible, and includes, but is not limited to, ashes, cans, paper, rags, fiber, refuse, fabric, wrappings, cigarettes, cardboard, yard clippings, leaves, dead plant material, branches, wood, waste building materials, glass, crockery, abandoned or unsafe household furnishings and appliances, discarded clothes or wearing apparel.
   STORAGE: Maintaining or allowing an item to remain unused or unmoved on the property for ten (10) days. (Ord. 364, 5-5-2009)
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