Ordinance Number 261

An Emergency Ordinance relating to the definition and abatement of nuisances within the corporate limits of the Town of Deer Trail, repealing all ordinances in conflict therewith, and providing for violation thereof. 

Whereas, C.R.S. § 31-15-401 gives the governing body of each municipality the power and authority to pass and enforce all necessary police ordinances for the general welfare of its residents; to do all acts and make all regulations necessary or expedient for the promotion of health or the suppression of disease; and to declare what a nuisance is, the abatement process, and the imposition of fines.

Whereas, the Town has several outdated ordinances in effect relating to the health, safety, welfare, and best interests of the Town that need updating; and

Whereas, the Board of Trustees of the Town of Deer Trail determines it is in the best interest of the Town to adopt this Ordinance, and to do so by emergency, and in the interests of the immediate preservation of public peace, health, and safety because these consolidated code provisions must be finalized and in effect in advance of the Town's Municipal Court once again becoming active.

Be it Ordained by the Board of Trustees for the Town of Deer Trail, Colorado, that: 

Section 1. Health & Welfare.

1. Public Nuisance Defined.  A public nuisance is defined to include:
   • The conducting or maintaining of any business, occupation or activity prohibited by statute or by ordinance.
   • The continuous or repeated conducting or maintaining of any business, occupation, operation, activity, building, land or premises in violation of statute or ordinance.
   • Any building, structure or land open to or used by the general public, the condition of which presents a substantial danger or hazard to public health or safety.
   • Any unlawful pollution or contamination of any surface or subsurface waters in the Town, or of the air, or of any water, substance or material intended for human consumption.
   • Any activity, operation or condition which, after being ordered to be abated, corrected or discontinued by a lawful order of a department or officer of the Town or the County of Arapahoe, continues to be conducted or continues to exist in violation of statute or ordinance or in violation of any regulation of the Town, the County or the State.
   • Any activity, operation, condition, building, structure, place, premises or thing which is injurious to the health or safety of the citizens of the Town, or which is indecent or offensive to the senses so as to interfere with the comfortable enjoyment of life or property; and
   • Any nuisance defined or declared as such by statute or ordinance. All nuisances shall subject to abatement as set forth herein.
2. Author of Nuisance. Any person who makes or causes any nuisance to exist shall be deemed the author to the nuisance. Moreover, any person who has possession or control of any private ground or premises, whether he or she is the owner of the property or not, where any nuisance exists or is found shall be deemed the author of the nuisance.
3. Each Day as Separate Violation. Every period of twenty-four (24) hours during which any nuisance continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense.
4. Notice to Abate on Private Property. Upon the discovery of any nuisance on private property within the Town, the Official, or his or her designee, shall notify the author of the nuisance to remove and abate from the property the thing or things herein described as a nuisance within twenty-four (24) hours.
5. Abatement without Notice. Upon the discovery of any nuisance on any street, alley, sidewalk, highway, or public property in the Town, the Official may abate the nuisance with or without notice given to the author of such nuisance.
6. Abatement by the Official. If any nuisance is not abated within the time specified in the Notice, the Official may be ordered to abate the nuisance without delay. The Official shall have the authority to call for the necessary assistance to abate the nuisance. The expenses incurred by the Official, his or her designee, or the Town in abating the nuisance may be recovered from the author of the nuisance by proper action.
7. Abatement by Order of Municipal Court. If the nuisance on any lot, block, or parcel of round, or along the sidewalk or alley adjoining the same, is abated by an order of the Municipal Court Judge, the whole cost of abatement, together with five percent (5%) for inspection and other incidentals shall be charged to the author of said nuisance.
8. Penalty or Fine. Each nuisance shall be punishable by a fine not to exceed four hundred and ninety-nine dollars ($499.00) per offense. Such fine is in addition to any expenses due to the Town in cases where the Official or his or her designee abates the nuisance.
9. Failure to Pay. Any failure to pay an assessment due under this Section of the Ordinance within thirty (30) days, shall cause the assessment to become a lien against any such lot, block, or parcel of land. The lien shall have priority over all liens, except general tax liens and prior assessments. The Town Clerk may also certify the assessment to the County Treasurer to be placed upon the tax list for the current year to be collected in the same manner as other taxes are collected, with a ten percent (10%) penalty to defray the cost of collection.

Section 2. Rubbish.

1. Definitions. For the purposes of this Ordinance, the word "rubbish" shall mean and include any grass clippings, leaves, hay, straw, manure, shavings, excelsior, paper, ashes, rubbish, containers, boxes, glass, cans, bottles, garbage, waste, and discarding building and construction materials, including, but not limited to, plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing materials, wired or metal binding, sacks or loose discarded or unused material; all rubbish or rubbish of any kind or character or by any means known.
2. Accumulation Prohibited. It is unlawful and shall be deemed a nuisance for any person to deposit, throw, or place any rubbish, on private or public property in such a manner that endangers, or intends to endanger, public health. It is unlawful and shall be deemed a nuisance for any owner or occupant to cause or permit any rubbish to be accumulated on their property in a manner that endangers, or intends to endanger, public health.
3. Discard Rubbish. It is unlawful and shall be deemed a nuisance for any person to deposit, throw, or place any rubbish upon any street, alley, sidewalk, gutter, sewer, intake, vacant lot, or other property in the Town, except in public receptacles or authorized private receptacles.
4.  Responsibility of Owners. It is the duty of every person, whether owner, lessee, 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 rubbish or materials other than those ordinarily present 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.
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, sidewalk, or building shall be promptly removed or discarded in such a manner so 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 rubbish upon adjacent property.
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.

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.

1. Deposits of Junk, Junked Motor Vehicles, or Inoperable Motor Vehicles Prohibited. 
   
   Definitions:
   • "Junk" as used in this Section shall include, but not be limited to, scrap lumber, scrap metals, and materials, discharged furniture, fixtures, appliances, motor vehicle parts and tires, and all wrecked, abandoned, demolished dismantled, and operable motor vehicles, machinery, trailers, and other goods that are so worn or deteriorated as to make them unusable in their existing condition.
   • "Junked" or "inoperable motor vehicle" shall mean any automobile, truck, tractor, motorcycle, or self-propelled vehicle which is in a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned, or unable to perform the function or purpose for which it was originally constructed. The existence of any following conditions shall raise the presumption that a vehicle is inoperable:
     • The vehicle does not bear current and valid license plates with effective registration evidence upon the plates of the vehicle.
     • The vehicle cannot travel under its own power in its existing condition, meaning that the vehicle cannot be started, or when started, stopped driving forward and backward, with all tires inflated.
     • The placement of vehicle or parts thereof upon jacks, blocks, chains, or other supports; or
     • The absence of one (1) or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways.
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 on private or public property within Town. Provided further, this Section shall not apply to motor vehicles described in paragraphs (1), (2), or (3) of this Section if (a) said motor vehicle is stored in a covered building or garage; or (b) said vehicle is completed covered with a non-transparent covering at all times except when vehicle is being worked upon and there are not more than two (2) such vehicles either covered or being worked upon on the premises at any one 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. 

Section 5. Control of Public Pro.

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.
2. Duty to Keep Clean. It shall be the duty of all owners or occupants of every premise within the Town 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.
3. Encroachments Prohibited. No encroachment or obstruction whatsoever, 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.
4. Notice and Removal of Encroachments. Whenever any encroachment or obstruction, including ice, snow, mud, debris, rubbish, and filth, is made, located, permitted, or maintained contrary to this Ordinance, the Representative shall give notice to the person who made, caused or permitted same, or to the person who owns or controls the premises on which the 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 Representative 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. Disturbance of Grade 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.
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.
7. Barricades and Lights. Every person making or causing to be made any excavation shall always keep the excavation barricaded and, between the hours of sunset and sunrise, he shall keep such excavation properly lighted to warn all persons thereof.

Section 6. Penalties and Procedures.

1. The Board of Trustees shall appoint an official to enforce the provisions of this Ordinance (the "Official"). Such official shall have at least the minimum training or education necessary to interpret and enforce the provisions of this Ordinance.
2. The Official is hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this Ordinance.
3. When it is necessary to make an inspection to enforce the provisions of this Ordinance, or when the Official or the Official's authorized representative, has reasonable cause to believe that there exists a condition which is contrary to or in violation of this Ordinance, the Official may enter the premises at reasonable times to inspect or to perform the duties imposed by this Ordinance, provided that if such premises is occupied that credentials be presented to the occupant and entry requested. If such building or premises were unoccupied, the Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry. If entry is refused, the Official shall have recourse to the remedies provided by law to secure entry.
4. All properties which are determined after inspection by the Official to be a nuisance as defined in this Ordinance are hereby declared to be public nuisances and shall be abated in accordance with the procedures set forth in this Ordinance.
5. It shall be unlawful for any person, firm, or corporation to maintain any property or cause or permit the same to be done in violation of the terms of this Ordinance. Those persons or entities in violation of the provisions of this Ordinance may be subject to a fine not to exceed four hundred and ninety-nine dollars ($499.00) for each violation of this Ordinance, for each day that the property is not compliance with the provisions of this Ordinance.

Section 7. Notices and Orders of the Official.

1. When the Official has inspected or caused to be inspected any property and has found and determined that such building is a nuisance, the Official shall commence proceedings to cause the removal of the nuisance.
2. The Official shall issue a notice and order directed to the record owner of the property. The notice and order shall contain the following:
   • The street address and a legal description sufficient for identification of the premises upon which the nuisance is located.
   • A statement that the Official has found a nuisance with a brief and concise description of the conditions found to render a nuisance under the provisions of this Ordinance.
   • A statement of the action required to be taken as determined by the Official.
   • A statement advising that the municipal court may enforce the order for the Town.
3. If the Official has determined that the nuisance must be removed, the order shall require the removal commence within such time (not to exceed sixty (60) days from the date of the order) and completed within such time as the Official shall determine is reasonable under all the circumstances.
4. Service of the Notice and Order may be made upon the owner of the property by either mailing a copy of the Notice and Order to the owner by certified mail, delivering a copy of the notice and order to the owner at his address or wherever he or she may be found, and/or by posting such Notice and Order to the front door or other visible portion of the subject property.

Section 8. Repeal

Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance.

Section 9. 

If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby.

Section 10. Recording and Authentication. 

Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law.

Section 11. Emergency Declaration.

Pursuant to C.R.S. § 31-16-105, the Board of Trustees hereby finds, determines, and declares that this Ordinance is necessary for the immediate preservation of public peace, health, and safety. Specifically, the Board of Trustees makes a legislative determination that these consolidated code provisions must be finalized and in effect in advance of the Town's Municipal Court once again becoming active.

Section 12.    Effective Date. 

This Ordinance shall become effective immediately upon passage.

Adopted and approved this 12th Day of February 2019.

James Johnson, Mayor
Town of Deer Trail, Colorado

Attest: Candice Reed, Town Clerk