5-1-10: ABATEMENT OF NUISANCES; FAILURE TO COMPLY:
A. The town manager or chief of police are hereby authorized, in their discretion, to cause any nuisance which is found to exist on private property within the town to be abated in accordance with the provisions of this chapter. If any nuisance is found to exist upon public property, it shall be the duty of the town to abate such nuisance immediately.
B. Any nuisance found to exist within the town which presents such an imminent danger to life, limb, property or health as to require immediate abatement, may be summarily abated by action of the town manager, chief of police, police officer or building official. (Ord. 22, Series 1993)
C. In the case of any nuisance not requiring summary abatement, the town manager or chief of police may cause a notice to be served upon the person responsible under this chapter for any nuisance which may be found. Such notice shall require such person to abate the nuisance in a reasonable time and in such reasonable manner as may be prescribed. Such notice may be given or served by any police officer or community service officer. The reasonable time for abatement shall not exceed fourteen (14) days, unless: 1) it appears from the facts and circumstances that compliance could not reasonably be made within fourteen (14) days; 2) the nuisance involves an inoperable vehicle which is dismantled or partially dismantled for maintenance or repairs; or 3) that a good faith attempt at compliance is being made. In the case of a nuisance involving an inoperable vehicle which is dismantled or partially dismantled for maintenance or repairs, the reasonable time for abatement shall not exceed thirty (30) days. Such notice shall be in writing, signed by the town official issuing the same, and shall be personally served upon the owner, occupant or person in charge or control of the premises upon which said nuisance exists or, if not occupied, then by posting the same prominently at some place on the premises upon which said nuisance exists. If service is by posting, then a copy of the notice shall also be mailed by certified mail, return receipt requested, to the owner of such property as shown upon the tax rolls of Summit County, Colorado, at the address of such owner as therein shown. For good cause, the person who issued the notice described in this subsection may extend the time for abatement. (Ord. 64, Series 2003)
D. If, after notification as provided above, a nuisance is not voluntarily abated, the following procedures shall apply:
1. If the person notified in accordance with subsection C of this section, shall neglect or refuse to comply with the requirements of the notice to abate within the time specified, such person shall be guilty of a violation of this chapter, and the town manager, chief of police or town attorney, may proceed at once to commence appropriate legal action to cause such nuisance to be abated; provided, however, that, if the owner of the property upon which the nuisance exists is unknown or cannot be found, the town manager or the chief of police may proceed to abate such nuisance at the end of the time period provided for voluntary abatement of the nuisance in the notice described in subsection C of this section, and such persons shall have no liability in connection therewith.
2. When any owner has responsibility for a nuisance and such owner fails to abate the nuisance within the time limit provided in the notice described in subsection C of this section, or as extended, then the town attorney is authorized to institute proceedings in a court of competent jurisdiction to obtain a judicial determination that such nuisance exists, to abate such nuisance, to enjoin the nuisance and for such other and further relief as may seem necessary or proper, including, but not limited to, recovery of the costs and expenses of abatement, including the town's reasonable attorney fees incurred in connection with such proceeding.
3. Upon a judicial determination that a nuisance exists, the chief of police may be authorized by the court to abate said nuisance, or cause the same to be abated, employing such force and persons as may be necessary to abate the nuisance, including the employees of the town or by contract or otherwise. All other town officials and employees are hereby authorized and directed to render such assistance to the chief of police as may be required for the abatement of the nuisance as ordered by the court.
4. Any officer or employee of the town who shall be authorized herein to abate any nuisance specified in this chapter shall have authority to engage the necessary assistance and incur the necessary expenses therefor. In any case where a nuisance is to be abated by the town, it shall be the duty of such authorized person to employ such assistance and adopt such means as may be necessary to effect abatement of the nuisance. It shall also be the duty of the town, or any of its representatives, to proceed in all abatement cases with due care and without any unnecessary destruction of property. (Ord. 22, Series 1993)