Ordinance Number 197
The Board of Trustees of the Town of Deer Trail, Arapahoe County, Colorado, do hereby ordain and resolve to adopt an ordinance relating to the definition and abatement of nuisances within the corporate limits of the Town of Deer Trail, repealing all ordinances on conflict therewith; and providing for violation thereof.
Whereas, The Town of Deer Trail, (hereinafter referred to as the "Town"), in the County of Arapahoe and the State of Colorado, is the body corporate operating as a statutory town pursuant to the general statutes of the State of Colorado; and
Whereas, The Colorado Revised Statutes 31-15-401(1) (a), (b), and (c), give the governing body of each municipality the power and authority to pass and enforce all necessary police ordinances for the general welfare of the town residents; to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease; and to declare what is a nuisance and abate the same and to impose fines upon parties who may create or continue nuisances or suffer nuisances to exist; and
Whereas, the Town has several outdated ordinances, in effect, which relate to the health, safety,
welfare, and best interests of the citizens of the Town in need of updating; and
Whereas, the Town does have a municipal court, in place, to hear and decide all matters concerning alleged violations of the Town ordinances; and
Whereas, the Board has determined that it is in the best interests of the citizens of the Town to create an updated ordinance which addresses nuisance and abatement of such nuisances which relate to health, safety, and the welfare of the citizens of the Town.
Now, therefore, be it resolved by the Board of Trustees of the Town of Deer Trail, Colorado:
Section 1: Health & Welfare
1-1. Nuisance Defined. Anything which is injurious to the health or morals or indecent or offensive to the senses or an obstruction, the free use of property so to interfere with the comfortable enjoyment of life or property is declared a nuisance as such shall be abated.
1-2. Notice to Abate. Any state of things prohibited by the following sections and other valid ordinances shall be deemed a nuisance and any person who shall hereafter make or cause such nuisance to exist shall be deemed the author thereof. Provided, that any person who shall have possession or control of any private ground or premises, whether he is owner thereof or not, in or upon which any such nuisance shall exist or may be found, whether such nuisance has been therefore or shall be hereafter created, shall be deemed guilty of a separate offense, as the author of a nuisance, for every period of twenty-four (24) hours continuance of such nuisance after due notice given to abate the same. The written notice of twenty-four (24) hours may be given and served by such person ("deliverer") as appointed by the Ordinance Enforcement Committee. Such offense or offenses may be punishable by a fine not to exceed Five Hundred Dollars ($500.00) per offense.
1-3. Declaration of Nuisance by Ordinance enforcement committee. In the event that any such nuisance within or upon any private premises or grounds is not abated forthwith after the notice herein provided shall be give, the Ordinance Enforcement Committee may declare the same to be a nuisance and order the Town Maintenance Personnel to abate the same, which said order shall be executed without delay; and the Town Maintenance Personnel shall have the authority to call for the necessary assistance therefore.
1-4. Abatement without Notice. In case of any such nuisance in or upon any street, avenue, alley, sidewalk, highway, or public grounds, in the Town of Deer Trail, the Town Maintenance Personnel may abate the same forth with or without such notice given.
1-5. Assistance to Abate authorized. Any Town Maintenance Personnel who shall be duly authorized to abate any nuisance specified in this ordinance, shall have the authority to engage the necessary assistance and incur the necessary expenses thereof.
1-6. Recovery Expenses. The expense incurred by the Town of Deer Trail in abating any nuisance may be recovered back by proper action, from the creator thereof.
1-7. Collection of Costs of Abatement by Town. In the event the nuisance on any lot,
block or parcel of ground, or along the sidewalk or alley adjoining the same, is abated by order of the Ordinance Enforcement Committee, Municipal Court Judge or Board, the whole cost of abatement, together with five percent for inspection and other incidentals, shall be paid within thirty days after mailing by the Town Clerk to the owner of such lot, block or parcel of ground, by registered or certified mail, notice of the assessment of such cost.
1-8. Failure to Pay. Failure to pay such assessment within such period of thirty days shall cause such assessment to become a lien against such lot, block or parcel of land and shall have priority over all liens, except general taxes and prior special assessments, and the same may be certified at any time, after such failure to so pay the same, within thirty days, by the Town Clerk to the County Treasurer to be placed upon the tax list for the current year and to be collected in the same manner as other taxes are collected, with ten percent penalty to defray the cost of collection.
1-9. Authority to Enter on Property. The Mayor, Trustees, Ordinance Enforcement Committee Members, Town Maintenance Personnel or any other person who may be directed or deputized by the Board of Trustees may enter upon any lot, block or parcel of land, with proper respect for the occupants' constitutional rights, to examine the same and to ascertain whether any such nuisance exists and shall be free from any action of liability on account thereof.
Section 2 Refuse
2-1. Definitions. For the purposes of this chapter, the word "refuse" shall mean and include any grass clippings, leaves, hay, straw, manure, shavings, excelsior, paper, ashes, rubbish, containers, boxes, glass, cans, bottles, garbage, waste, and discarded building and construction materials, including but not limited to plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire or metal binding, sacks or loose discarded or unused material; all rubbish or refuse of any kind or character or by any means known.
2-2. Accumulation Prohibited. No person shall deposit or place any refuse in such a manner that the same is or tends to become a nuisance or in such a manner endangers or tends to endanger the public health. No person having the occupancy, control or management of any new premises shall cause or permit any refuse to be accumulated thereon in such manner that the same is or tends to become a nuisance or in such a manner as endangers or tends to endanger the public health. No garbage or trash cans or bags shall be allowed in front yards, except on trash pickup day.
2-3. Discard Refuse. No refuse of any kind or nature whatsoever shall be thrown or swept into any street, sidewalk, gutter, sewer, intake, alley, vacant lot or other property.
2-4. Responsibility of Owners. It shall be the duty of every person, whether owner, leasee, or renter of a vacant lot, building or premises, including any place of business, hotel, restaurant, dwelling house, apartment, tenement or any other establishment, at all times to maintain the premises in a clean and orderly condition, permitting no deposit or accumulation of refuse or materials other than those ordinarily attendant upon the use for which such premises are legally intended. Any such accumulation shall constitute a nuisance and shall be conforming in the use of such premises.
2-5. Removal from Construction Sites. All plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire or metal binding, sacks or loose discarded or unused material of any kind resulting from the wrecking, constructing or reconstructing of any room, basement, wall, fence or sidewalk or building shall be promptly removed or discarded in such a manner as not to be scattered about by the wind or otherwise as soon as possible be removed by the person responsible for such work. Such person shall be held liable for any scattering of such refuse upon adjacent property.
2-6. Manure. Other than a light spread of manure which may be applied on lawns or gardens for fertilizing purposes, manure shall not be kept on any property for any purpose, or kept in any place for later use but shall be either plowed under or removed by the owner, occupant or agent.
Section 3 Weeds
3-1. Accumulation of weeds prohibited. No owner of any lot, block or parcel of ground within the Town, nor any tenant or agent in charge thereof, shall allow or permit weeds to grow, or remain when grown, on such lot, block or parcel of ground, or on or along any sidewalk adjoining the same, or in the alley behind the same, but such weeds shall be cut close to the ground and kept so cut.
Section 4 Nuisances
4-1. Deposits of junk, rubbish, debris prohibited. Definitions:
- "Junk" as used in this section shall include, but not be limited to, scrap lumber, scrap metals, and materials, discarded furniture, fixtures, appliances, motor vehicle parts and tires, and all wrecked, abandoned, demolished, dismantled, and non-operable motor vehicles, machinery, trailers, and other goods that are so worn or deteriorated as to make them unusable in their existing condition.
- "Rubbish" and "debris" as used herein shall be construed to mean all waste, refuse, and rejected matter and material, whether animal, vegetable or mineral, manufactured or natural.
- "junked or inoperable motor vehicles" as used in this section shall be construed to mean any motor vehicle which:
- Does not bear current and valid license plates and which the owner or possessor thereof cannot establish as being capable to travel under its own power in its existing condition, or
- Is not capable to travel under its own power in its existing condition, or
- Is substantially wrecked, demolished, or dismantled as to be inoperable.
- "Travel under its own power" means the vehicle must be able to be started, stopped, driven forward and backward, and all tires inflated.
4-2. Deposits or accumulation prohibited. It shall be deemed a nuisance and unlawful to deposit, accumulate, store, keep, abandon, or to allow the deposit, accumulation, storage, keeping or abandonment of junk, including junked or inoperable motor vehicles, rubbish, debris, or scrap materials on private or public property within the city in other than areas zoned for such deposits, accumulation, storage or keeping of junk, rubbish or debris. Provided, further, this section shall not apply to a motor vehicle described in paragraphs (1), (2) or (3) of this section if (1) said motor vehicle is stored in a covered building or garage, or (2) said vehicle is completely covered with a non-transparent covering at all times except when said vehicle is being worked upon and there are not more than two (2) of such vehicles either covered or being worked upon on the premises at anyone time and said vehicle is owned by the owner or occupant of the premises or members of the family of the owner or occupant. As used in this section, the term "being worked upon" means in the actual process of repair with the person making the repairs, physically present at the location of the motor vehicle.
4-3. Unsanitary dangerous conditions in buildings It is hereby declared a nuisance to permit any building or structure or part thereof to be in an unsanitary, unsafe or dangerous condition, or to be in a condition which in any manner endangers or is detrimental to the health, property, or safety of any person.
Section 5 Control of Public Property
5-1. Maintenance. All sidewalks and curb walks shall be maintained with an even surface in good repair and in conformity with the established grade of the streets along which they are constructed.
5-2. Duty to Keep Clean. It shall be the duty of all owners or occupants of every premise within the Town of Deer Trail to keep the sidewalks and curb walks in front of and adjacent to the tenements and grounds occupied by them free and clear of snow, ice, mud, dirt, debris, rubbish and filth.
5-3. Encroachments Prohibited. No encroachment or obstruction whatever, other than
provided by law, authorized by the Board, or by ordinance of the Town, shall be made or placed upon any street, alley, sidewalk, curb walk, or other public place within the Town.
5-4 Notice and removal of encroachments. Whenever any encroachments or obstruction, including ice, snow, mud, dirt, debris, rubbish and filth, is made, located, permitted or maintained contrary to this ordinance, the Town Clerk, Town Maintenance Personnel or Ordinance Enforcement Committee shall give notice to the person who made, caused or permitted same, or to the person who owns or controls the premises on which same is located or connected, directing such person to remove such encroachment or obstruction within forty-eight (48) hours after receipt of the notice. In the event such notice shall not be obeyed, the Town Clerk, Town Maintenance Personnel or Ordinance Enforcement Committee may order the removal of the encroachment or obstruction and the costs and expenses of such removal shall be assessed against the responsible person.
5-5. Disturbance of Grades Stakes. It shall be unlawful for any person to remove or disturb any grade or line stakes or marks set by the Town, or an agent of the Town.
5-6. Authority and supervision. All work on any excavation, cut, trench or opening in or under any street, sidewalk, curb, gutter, curb walk, alley or other public place shall be done only on authority of the Town Board and such work shall be supervised by the Town Maintenance Personnel.
5-7. Barricades and Lights. Every person making or causing to be made any excavation shall keep the excavation barricaded at all times and, between the hours of sunset and sunrise, he shall keep such excavation properly lighted so as to warn all persons thereof.
Section 6 Penalties & Procedures
6-1. Notice of Violation. The Ordinance Enforcement Committee will instruct the Town Clerk to hand deliver or mail violation letters once a complaint is properly filed by plaintiff or on behalf of the Committee itself upon proper inspection. Time frames for compliance will be either set by this ordinance or by the committee, not to exceed thirty (30) days. Options for noncompliance will be worded as follows:
A re-inspection of the property is scheduled on or after. If the violation hasn't been corrected by that time or if we haven't talked about it and made acceptable arrangements for cleanup, one of the following corrective actions will be taken by this committee:
- A directive will be sent that such nuisance be cleared forthwith and without further notice by an employee of the Town and charge the cost thereof to the owner, tenant or agent in charge of the property, together with five (5) percent additional for inspection and other incidentals. Or,
- A summons and complaint will be served to appear in the Deer Trail Municipal Court. If the judge finds that the property is in violation, the owner may be fined, and the judge will order that the owner clears the property or have the Town abate the nuisance. The Town's expenses, including inspection and administration fees, will be billed to the property owner and, if not paid, the total expense becomes a lien on the property and collected as taxes.
6-2. Prosecution of Noncompliers: Should the violator of any nuisance provision fail or refuse to comply with the Committee's initial notice within the time frame set forth in the notice, the Committee shall cause a summons and complaint to be served upon the owner, in accordance with the Colorado Municipal Court Rules of Procedure, requiring the owner to appear in Court on a date certain to answer the charges against him or her. One or more Committee members shall be available to assist in the prosecution of the owner accused of the violation of the Town ordinance.
Section 7 Repealer
7-1. All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.
Section 8 Passage and Publication
8.1. This Ordinance shall take effect and be in force from and after its passage, approval and publication according to law.
Passed by the Board of Trustees of the Town of Deer Trail, Colorado, this 4th of August 1998.
LeRoy A. Koch, Mayor
Attest: Jessica Lee Staumbough, Town Clerk