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File #: 17-250    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 6/19/2017 In control: Board of Trustees
On agenda: 7/25/2017 Final action: 7/25/2017
Title: An Ordinance Of The Town Of Erie, Colorado, Amending Title 5, “Public Health And Safety,” Chapter 1, “Abatement Of Nuisance Code,” And Title 1, “Administration And Personnel,” Chapter 4, “Municipal Court; General Penalty,” Of The Erie Municipal Code; Setting Forth Details In Relation Thereto (FIRST READING)
Attachments: 1. red line. 5-1-2 thru 6 Nuisance 7.18.17 3, 2. FINAL. 5-1-2 thru 6 Nuisance 7.18.17 3

SUBJECT:  An Ordinance Of The Town Of Erie, Colorado, Amending Title 5, “Public Health And Safety,” Chapter 1, “Abatement Of Nuisance Code,”  Chapter 4, “Municipal Court; General Penalty,” Of The Municipal Code Of The Town Of Erie And, Setting Forth Details In Relation Thereto. (FIRST READING)

Title

 

Body

DEPARTMENT:                     Legislative

 

PRESENTER:                     Town Attorney, Mark Shapiro

                                                               Town Prosecutor Kristin N. Brown

 

FISCAL INFORMATION:  N/A

 

STAFF RECOMMENDATION:                     Approval of Agenda Item 17-250

Recommendation

 

End

SUMMARY AND BACKGROUND OF SUBJECT MATTER:

 

The nuisance abatement ordinance is before the Board of Trustees as a non-emergency measure. The following changes were incorporated into the proposed ordinance:

-add to the preamble (WHEREAS language) provision that the town has the authority to declare and abate a nuisance pursuant to the provisions of CRS 31-15-401; legislative intent is important in interpreting and/or defending any law enacted;

-provide that upon determining that a nuisance exists within the town, the Town Administrator, or designee, may designate action to be taken (filing of criminal case and/or civil action into the municipal court) (page 2);

-specify that the burden of proof is on the town to establish the nuisance, and that the standard of proof is by a preponderance of the evidence (paragraph E, page 2);

-add more specific procedures related to commencement of a civil action to abate a nuisance in the municipal court; this clarifies the procedures to be followed and simplifies the process (paragraph G, page 3);

-add provision specifying that any violation of an injunction or order issued by the municipal court may be punished by contempt of court (see page 4).

 

ATTACHMENTS:                     

Red Lined Ordinance

Final Ordinance