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)
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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
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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