Resolution Number 23-02

A resolution call a special election to be held on Tuesday, August 22, 2023, on the question of whether to approve a citizen initiations nuisance ordinance and fixing the ballot title therefor. 

Whereas, the Town is in receipt of a valid initiative petition, requiring the Board of Trustees to consider adoption of a citizen-initiated nuisance ordinance (the 11Initiated Ordinance") that would replace the Town1s current nuisance ordinance adopted in 2006 as Ordinance No. 233. 

Whereas, on April 11, 2023, the Board of Trustees considered the Initiated Ordinance, declined to adopt it, and determined to set the matter for a special election.

Whereas, pursuant to C.R.S. § 31-11-104(I), the vote on an initiated matter must occur not less than sixty days and not more than one hundred fifty days after final determination of petition sufficiency. 

Whereas, 11final determination of petition sufficiency" is defined by C.R.S. § 31-11-103(2) as the date after the petition protest period ends, April 4, 2023, or the date on which any protest results in a finding of sufficiency, whichever is later.

Whereas, no protest has been filed and none are pending.

Whereas, pursuant to C.R.S. § 31-11-111, the Board must call the special election by resolution, set the special election date, and set the ballot question title.

Whereas, pursuant to C.R.S. § 31-10-108, special elections must be on a Tuesday and cannot be held within the 32 days before or after a primary, general, or congressional vacancy election.

Whereas, pursuant to C.R.S. § 31-10-401, in municipal elections, the Board of Trustees may appoint election judges or may delegate such authority to the Town Clerk; and 

Whereas, the Initiated Ordinance shall not take effect unless a majority of the registered electors voting on the measure at the election vote in favor of it.

Now therefore be is resolved by the Board of Trustees of the Town of Deer Trail, Colorado:

Section I.

Upon consideration of the Initiated Ordinance, the Board of Trustees declines to adopted it and determines to set the Initiated Ordinance for consideration by voters at a special election.

Section 2. 

Pursuant to C.R.S. §§ 31-10-108 and 31-11-104 there is hereby called a special election to be held on Tuesday, August 22, 2023, to be conducted as a polling place election according to the Municipal Election Code.

Section 3.   

The Board of Trustees hereby designates the Town Clerk to act as the election official and delegates to the Town Clerk the authority to appoint election judges.

Section 4.  

The following ballot title and question shall be submitted to the registered electors of the Town of Deer Trail, Colorado:

Question 1

Ballot Title: Shall the citizen-initiated ordinance regulating nuisance enforcement in the Town of Deer Trail and repealing Ordinance No. 233 be effective?

Ballot Text: Shall the citizen-initiated ordinance that replaces the Town of Deer Trail's current nuisance ordinance, Ordinance No. 233, with new regulations that more narrowly define what constitute a nuisance and limit the Town1s enforcement abilities; creates steps in the process of nuisance abatement and a Nuisance Board of Adjustment to hear nuisance violations before such matters can be heard in municipal court; creates an affirmative defense to a nuisance violation if a resident alleged to have a nuisance violation can show that any government-owned property within Town contains a nuisance condition; and requires the Town to refund certain fines it has collected for nuisance violations within the past year be effective?

Yes ___ 
No ___ 

Introduced, read, and adopted this 11th day of April 2023.

Judd Behrens, Mayor

Attest: Ali Eldringhoff, Town Clerk