A resolution setting an additional ballot question and title 11 or the Town Special Election being held on Tuesday, August 22, 2023, and correcting the ballot question previously set on the citizen-initiated nuisance ordinance.
Whereas, by Resolution No. 23-02, adopted on April 11, 2023, the town called a special election and set Question 1 on the ballot for consideration of a citizen-initiated nuisance ordinance (the "Initiated Ordinance") that would replace the Town's current nuisance ordinance.
Whereas, if approved, Question 1 would repeal and replace the Town's current nuisance ordinance.
Whereas, Resolution No. 23-02 and Question l incorrectly refer to the Town's current nuisance ordinance as Ordinance No. 233, adopted in 2006, when, in fact, the Town's current nuisance ordinance is Ordinance No. 261, adopted in 2019.
Whereas, pursuant to C.R.S. § 31-11-104(2) alternative ordinances may be submitted at the same election and, if two conflicting measures are approved by a majority of voters, the measure that receives the greatest number of affinitive votes is adopted.
Whereas, the Board of Trustees wishes to submit Ordinance No. 297, adopted on June 13, 2023, to voters as an alternative to the Initiated Ordinance.
Whereas, Ordinance No. 297 was drafted by the Town1s code enforcement officer in cooperation with the Board of Trustees, and the drafting process included several opportunities for the public to participate and comment on the proposed ordinance.
Whereas, the Board of Trustees also wishes to correct the erroneous reference to the Town's current nuisance ordinance as set in Question l; and
Whereas, neither the Initiated Ordinance nor Ordinance No. 297 shall take effect unless approved by a majority of the registered electors voting on August 22, 2023, special election, and, if both are approved, the measure receiving the greatest number of affinitive votes will be adopted.
Now therefore, be it resolved by the Board of Trustees of the Town of Deer Trail, Colorado:
Section I.
Question 1, as set by Resolution No. 23-02, is hereby revised to read as follows, with the only change being to correct the reference to the Town's current nuisance ordinance:
Question I
Ballot Title Shall the citizen-initiated ordinance regulating nuisance enforcement in the Town of Deer Trail and repealing Ordinance No. 261 be effective?
Ballot Text Shall the citizen-initiated ordinance that replaces the Town of Deer Trait's current nuisance ordinance, Ordinance No. 261, with new regulations that more narrowly define what constitute a nuisance and limit the Town's 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
Section 2.
Except as modified in Section 1, above, Resolution No. 23-02 remains in full effect.
Section 3.
The following ballot title and question shall be submitted to the registered electors of the Town of Deer Trail, Colorado:
Question 2
Ballot Title. Shall Ordinance No. 297 regulating nuisances and nuisance enforcement in the Town of Deer Trail, repealing Ordinance No. 261, be effective?
Ballot Text. Shall the Board of Trustees ordinance that replaces the Town of Deer Trails current nuisance ordinance, Ordinance No. 261, with updated nuisance regulations be effective?
Yes
No
Section 4
This resolution shall be in full force and effect from and after this passage and approval.
Introduced, Read, Adopted this 14th day of June 2023.
Judd Behrens, Mayor
Attest: Ali Eldringhoff, Town Clerk