Ordinance NO. 2013-5

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2013-5

TITLE: AN ORDINANCE AMENDING SECTION 7-2-300 OF TIIB MOUNTAIN VIEW MUNICIPAL CODE REGARDING ABATEMENT OF NUISANCES

NOW THE COUNCIL OF THE TOWN OF MOUNTAIN VIEW, COLORADO, ORDAINS THAT:
Section 1. Section 7-2-300 of the Town of Mountain View Municipal Code is amended to read as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Section 7-2-300. Removal proceedings.

(a) Notice of abatement. The authorized inspector as provided by Section 7-2-330 below, upon the discovery of any nuisance on public or private property in the Town, shall notify the owner or occupant of such property in writing, requiring the owner or occupant of the property to remove and abate from the property the thing or things therein described as a nuisance within the time specified in the notice. The time for abatement of a nuisance posing an imminent danger of loss of life, limb, property or health shall not exceed one (1) day. IF THE NUISANCE IS NOT ABATED WITHIN O N E ( 1 ) DAY, THE TOWN MAY ENTER UPON THE PROPERTY AND SUMMARILY ABATE THE NUISANCE. As to ALL other nuisances, the reasonable time for abatement shall not exceed seven (7) days unless it appears from the facts and circumstances that compliance could not reasonably be made within seven (7) days or that a good faith attempt at compliance is being made. The written notice of abatement shall be served by the authorized inspector of the Town by delivering a copy thereof to an owner or occupant, over the age of eighteen (18) years, of the property described in the notice, or if the property is unoccupied and the owner is a nonresident, then by mailing a notice to his or her last known address as reflected in the Jefferson County real estate records.

(b) Contents of notice. Any notice issued pursuant to the provisions of this Chapter to the owner, agent or occupant of property in which a nuisance is discovered shall describe the condition that is a nuisance and the time in which the condition is to be removed and abated from the property; and contain a statement that a summons and complaint will be issued if the nuisance is not abated within the period of time specified in the notice.

(c) Abatement after notice. When a public nuisance has not been voluntarily abated within the time specified in the notice to abate pursuant to Subsection (A) above, the following procedures shall apply:

 

(1) The Town may proceed to have the nuisance described in the notice SUMMARILY ABATED without delay.; If the Town elects not to summarily abate the nuisance, it may bring an action in Municipal Court to have the nuisance declared as such by the Court and for an order enjoining the nuisance and authorizing its restraint, removal, termination or abatement.

(2) The action to declare and abate a public nuisance shall be brought by the Town in the name of the people of the Town, by the filing of a complaint, which shall be verified or supported by an affidavit. Summonses shall be issued and served as in civil cases, and any employee of the Town who is over the age of eighteen (18) may PERSONALLY serve the summons and verified complaint upon the owner, agent, occupant or the person who allowed the nuisance to be caused or to continue (hereafter referred to as the respondent). Trial shall be to the Court. IF THE PROPERTY IS UNOCCUPIED A N D THE OWNER OR AGENT IS A NONRESIDENT, THE TOWN MAY SERVE THE SUMMONS A N D VERIFIED COMPLAINT BY MAILING THEM TO THE OWNER OR AGENT’S LAST KNOWN ADDRESS AS REFLECTED IN THE JEFFERSON COUNTY REAL ESTATE RECORDS.

 

Section 2. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Mountain View, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that this Ordinance bears a rational relation to the proper legislative object sought to be attained.

Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 4. Effective Date. This Ordinance shall become effective ten (1O) days after passage.

INTRODUCED, FIRST READ, PASSED, AND ORDERED POSTED ON FIRST AND FINAL READING THIS 8TH DAY OF APRIL, 2013

PASSED, ADOPTED, AND APPROVED ON SECOND READING THIS 13TH DAY OF MAY 2013