A. The town may bring a civil action in the municipal court to have the violation declared as such by the court and to have the court enjoin the violation or to authorize its restraint, removal, termination or abatement by the owner, agent, occupant or person who caused the violation or the person who allowed the violation to continue. (Ord. 23, Series 1990)

B. The civil action to declare and abate or to declare and enjoin a violation shall be brought in the name of the town by filing a complaint, which shall be verified or supported by an affidavit. Summons and subpoena shall be issued and served as in civil cases. Any employee or agent of the town who is over the age of eighteen (18) may serve a summons and verified complaint upon the owner, agent, occupant or the person who caused or allowed the violation (hereinafter "respondent"), or a subpoena upon any witness. Trial shall be to the court sitting without a jury. (Ord. 8, Series 1994)

C. A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty (20) days from the date of service of the summons and complaint. The respondent shall file a response or answer on or before the appearance date specified in the notice of appearance. The trial shall be held upon the appearance date unless the court grants a continuance for good cause shown. No case shall be continued for more than sixty (60) days after the appearance date.

D. Upon the date and time specified for appearance and trial, if the respondent has filed no response and fails to appear and if the town proves that proper service was made on respondent at least twenty (20) days prior to the appearance date, the court may grant such orders as are requested by the town, except that, the court shall order the enforcement by the town be stayed for ten (10) days and that a copy of the court's order be mailed to the respondent at his last known address. Failure to appear on any date set for hearing and trial shall be grounds for entering a default and default judgment against the nonappearing party. Prior to enforcement, and upon good cause shown, the municipal court may set aside an entry of default and the default judgment entered thereon. (Ord. 23, Series 1990)

E. Any disobedience of or interference with any injunction or order issued by the municipal court in an action to abate or enjoin a violation of those portions of the code, enumerated above, may be punished as a contempt of court or by a fine not to exceed five hundred dollars ($500.00). Each day's failure to comply with an injunction or order to abate shall constitute a separate act of contempt for which an additional penalty may be imposed. (Ord. 8, Series 1994)

F. To the extent necessary to facilitate just, speedy, informal and inexpensive determinations of claims, the court may use the Colorado rules of civil procedure as a guideline for civil procedures in municipal court. The judgment of the municipal court may be appealed to the district court of Summit County. (Ord. 23, Series 1990)

G. In any case in which the town prevails in a civil action initiated pursuant to this section, the town may recover its reasonable costs of abating or enjoining the violation, including reasonable attorney fees, plus (in an abatement action) fifteen percent (15%) in administrative costs, plus costs of the proceeding. The remedies specified in this section shall be in addition to all other remedies provided by law. (Ord. 8, Series 1994)