Remedies for motor vehicles and personal property.
Denver Revised Municipal Code § 37-80
in effectSec. 37-80 - Remedies for motor vehicles and personal property.
(a) Additional remedies. In addition to the general and supplementary remedies listed in section 37-78, the court shall also order, that any motor vehicle or item of personal property adjudicated a public nuisance, one (1) or more of the following remedies:
(1) Mandatory closure of motor vehicle. That the motor vehicle be closed for a period not less than six (6) months and not more than one (1) year from the date of the final judgment plus any extension of that period caused by a failure to comply with the conditions for release of the motor vehicle set out below, unless the defendant shows he or she is a non-involved owner, as defined in section 37-71(k), above, and not in violation of a term or condition of a current abatement plan previously imposed upon the subject vehicle or personal property.
(2) Except as provided in paragraph (3) of this subsection 37-80, at the end of the closure period, the motor vehicle shall be released to the owners only upon:
a. Payment of all towing fees, storage fees, and civil judgments under section 37-82 within sixty (60) days of receiving notice of the final judgment of the court; and
b. Execution by the owners and lienors of a complete and unconditional release of the city and all of its employees and agents for the closure and any and all damages to said vehicle.
(3) Impoundment and storage fees may be appealed to the manager of safety who is authorized, pursuant to section 54-813, to waive or adjust any charges whenever in the manager's judgment it would be inequitable or result in result in an injustice to collect or require payment of such charges.
(4) Upon a showing of good cause and notwithstanding the provisions of D.R.M.C. section 54-813, the court may reduce the storage fees owed pursuant to paragraph (2) of this subsection, but in no event shall the storage fees be reduced to an amount lower than the fair market value of the vehicle.
a. For purposes of this paragraph (3), "good cause" may be established by a preponderance of the evidence that the storage fees exceed the fair market value of the vehicle.
b. The court must make written findings of fact and conclusions of law that the moving party has established, by a preponderance of the evidence, that good cause exists to support any decision to reduce the amount of storage fees owed.
(4) In the event that the owners and lienors, or any of them, fail, neglect or refuse to pay the fees, expenses, and judgments, within sixty (60) days of receiving notice of the final judgment of the court, the motor vehicle shall be declared to be abandoned and shall be disposed of in compliance with this Code.
(5) The issuance and execution of the closure order shall not be deemed a bailment of property. The owner of property remains responsible for the maintenance and security of property subject to the closure order and shall be permitted reasonable access to the property for these purposes upon application to the court.
(b) Injunctive orders for motor vehicles or personal property. Where the public nuisance abatement coordinator has previously issued an abatement plan to the owners of a motor vehicle or an item of personal property, the court shall order the abatement plan be fully implemented and maintained upon final judgment. Except as provided in paragraphs (2) and (3) of subsection (a) of this section, upon payment of towing fees, storage fees, and civil judgments under section 37-82, the public nuisance motor vehicle may be released under the provisions of the court's order.
(1) Presumption of validity of abatement plan. The provisions of the abatement plan, as issued by the public nuisance abatement coordinator, shall be presumed to be reasonable, valid, and enforceable and shall be included in the final order of the court unless modified, as provided herein.
(2) Modification or vacating of specific provision. The defendant(s) may request to modify or vacate a specific provision of the abatement plan only upon proof by clear and convincing evidence that the specific provision of the abatement plan is not rationally related to the public nuisance offense to be abated or reduced.
(c) Destruction of motor vehicle or items of personal property. Where the city's complaint alleges, and upon judicial determination that any motor vehicle or item of personal property is a public nuisance and is also a continuing public nuisance, and its return to lawful usage is not reasonably possible or foreseeable, the court may order that the public nuisance motor vehicle or item of personal property be destroyed in a manner that safely and permanently abates the unsafe or hazardous condition, due to such reasons as, but not limited to, the following:
(1) The property has been physically altered to commit, conduct, promote, facilitate, or aid the commission of or flight from a public nuisance offense, such as, but not limited to, the following:
a. The attachment of stolen automobile parts onto a motor vehicle;
b. The digital storage of images of child pornography or other sexually exploitive material, as defined in state or federal law; or
c. The creation, maintenance, or existence of hidden compartments or apparatus used for the storage or concealment of controlled substances or other contraband;
d. The unsafe or hazardous condition of the property presents an immediate, real and continuing danger to the health, safety, or welfare of the public, lawful custodian, future occupants, or trespassers, such as the contamination of said property from the illegal use of said property for the manufacturing, processing, or transportation of controlled substances; and
e. The owners have either abandoned the property, or have failed to present the court with a reasonable plan, and reliable evidence of their capacity and willingness to readily execute said plan, for the abatement of the continuing public nuisance status of the property.
(d) Quick release to non-involved owner(s). A non-involved owner has the option to obtain the immediate release of a detained vehicle upon execution of an agreement for immediate release ("agreement") with the city, conditioned upon the following requirements:
(1) The non-involved owner agrees that their vehicle was involved in a public nuisance incident.
(2) Specified persons will not be allowed access to the subject vehicle for a period of two (2) years following the execution of the agreement.
(3) The non-involved owner agrees that the vehicle will not be involved in a public nuisance incident for a period of two (2) years following the execution of the agreement.
(4) Except as provided in paragraphs (2) and (3) of subsection (a) of this section, accrued towing and storage charges will be paid in full at the time the vehicle is released from the Denver Vehicle Impound Facility.
(5) The non-involved owner agrees to waive the one (1) year statute of limitations under D.R.M.C. § 37-85 as a defense to an action to enforce the agreement and consents to the Denver County Court having subject matter jurisdiction for a period of three (3) years following the execution of the agreement.
(6) The non-involved owner agrees to waive any claims against the city, its agents or representatives, relating to the towing, storage and/or impoundment of the vehicle, and further agrees to indemnify the city for any claims against the city by third parties regarding the title or right of possession to said vehicle.
(7) Violation of any term of the agreement will require the owner to immediately surrender the vehicle to the Denver Vehicle Impound Facility where it will be closed as provided in article III, chapter 37, D.R.M.C. If the vehicle is not surrendered, owner authorizes the city to retake possession of the vehicle by any reasonable means, including entry upon real property. Within thirty (30) days of such enforcement action, the city shall file a complaint for abatement of public nuisance, seeking closure of the subject vehicle as a public nuisance.
(8) The public nuisance abatement coordinator may cause the vehicle to be listed on Denver Police Department informational systems showing the person(s) who is/are restricted from access to said vehicle.
(Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 13, 4-22-19)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH37NU_ARTIIICIABPUNU_S37-80REMOVEPEPRFetched: 10/27/2026