CIVIL ABATEMENT OF PUBLIC NUISANCES

Denver Revised Municipal Code ch. 37, art. III

in effect

Denver Revised Municipal Code § 37-70 Policy.

Sec. 37-70. - Policy. (a) Legislative intent. The abatement of public nuisances for the protection of public health, safety, and welfare is a matter of local concern. The most effective tools for abatement of public nuisances are the civil remedial actions provided in this article, including temporary restraining order, impoundment, injunction, closure, receivership, and destruction. The purpose of this article is not to punish, but to remedy public nuisances. The actions provided in this article are designed to remedy public nuisances by removing real property, motor vehicles, and personal property from criminal use and as a base of criminal operations, to ensure that criminal activity and the use of property for criminal purposes is unprofitable, to require that the profits of criminal activity be disgorged, to make property owners vigilant in preventing public nuisance offenses on, in, or by the use of their property, and making property owners responsible for the public nuisance use of their property by tenants, guests and occupants, and to deter public nuisances. The remedies provided in this article are directed at the property involved without regard to ownership, title or right of possession and the culpability or innocence of those who hold these rights. It is consistent with the remedial purpose of this article initially to provide for a less stringent remedy to be applied to those who demonstrate that they are non-involved owners, as it is more likely that such persons will be law abiding in the future. The remedial actions provided in this article are intended to be civil in nature. The remedies of temporary restraining order, impoundment, closure, receivership, and destruction are intended to be in rem, against the property itself, and not against any individual directly. The remedies of temporary restraining order, civil judgment, and injunction may be partially in personam. (b) Relief to certain owners. Owners of real property, motor vehicles and personal property used to commit, conduct, promote, facilitate, or aid the commission of or flight from and public nuisance offense will be granted relief from the strict application of the mandatory closure and civil judgment remedies provided in subsections 37-79(a)(1), 37-80(a)(1), and 37-82(a), under the following circumstances: (1) Where no privity exists between the owner and the offending party, including, but not limited to, offending trespassers, the owner will be entitled to immediate release of such property, where the owner proves by a preponderance of evidence that he or she has: a. Taken all reasonable steps to preclude access to the property by the offending trespasser or user; b. Immediately reported the trespass, theft or other criminal violation to a local law enforcement agency; and c. Fully cooperated with all law enforcement agencies in the investigation and prosecution of the criminal acts relating to or underlying the public nuisance offense. (2) Where the owner may have privity with the offending party, but such owner shows that all reasonable steps were taken to prevent the proscribed use of the property, and that such owner neither: a. Participated in the transaction constituting the public nuisance act, nor b. Knew, or reasonably should have known, that the property would be used in the commission of a public nuisance act, or that the person who used the property illegally had engaged in prior similar conduct or that such person had a prior record or reputation for violating the laws of the United States, State of Colorado, or the City of Denver for related crime. (c) Good faith application of remedies. In order to ensure that the remedies provided in this article are applied in good faith and for the purpose of public nuisance abatement, the following shall apply: (1) No city employee's or law enforcement officer's employment or level of salary shall depend upon the frequency or quantity of actions and remedies under this article that he or she produces. (2) All closures of real property shall be made pursuant to a temporary restraining order based upon a judicial finding of probable cause and only after an opportunity for an adversarial hearing to contest the closure has been provided. (d) No conflict with state law. This article of chapter 37 is not intended to authorize any act expressly prohibited by state law, or to forbid any conduct expressly authorized by state law. The provisions of this article shall be construed to avoid any such direct and express conflict. (e) Strict liability. The public nuisance offenses and the provisions of this article III of chapter 37 are entirely strict liability in nature. No allegation or proof of culpability or mens rea of any type or degree by any owner of real property, motor vehicle, or item of personal property shall be required for any filing of a public nuisance action, or the issuance of temporary restraining orders, or remedies under the provisions of this article III of chapter 37. (f) Comprehensive enforcement scheme. The sections of this article III of chapter 37 are intended to provide a comprehensive scheme for civil public nuisance abatement and should be read together. (Ord. No. 481-98, § 1, 7-13-98; Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 3, 4-22-19)

Denver Revised Municipal Code § 37-71 Definitions.

Sec. 37-71. - Definitions. These terms and definitions shall apply to both articles II and III of this chapter: (a) Abate: means to bring to a halt, eliminate, or where that is not possible or feasible, to suppress, reduce, and minimize. (b) Abatement plan: means the written administrative determination by the public nuisance abatement coordinator of what constitutes "all reasonable steps," being all of the specific actions that should be applied, implemented, put into action, taken, and utilized to prevent either public nuisance offenses from occurring on or in a specified parcel of real property or motor vehicle, or the use of a parcel of real property, motor vehicle, or personal property by any person to commit, conduct, promote, facilitate, or aid the commission of or flight from any public nuisance offense in the city. (c) All reasonable steps: means all reasonable actions of owners of real property, motor vehicles or personal property, to ensure that such property is prevented from being a public nuisance, or not permitted to be used in the commission, conduct, or facilitation of a public nuisance offense, to include, without limitation, full compliance with any abatement plan issued by the public nuisance abatement coordinator or court having jurisdiction over the property. (d) Building: means a structure, as defined herein, which is enclosed with walls and a roof so that there are no sides left open. (e) Cease and desist order: means the administrative order of the public nuisance abatement coordinator to fully implement an incorporated abatement plan within a specified reasonable time period, subject to, upon failure to comply with the order, the filing of a remedial civil in rem public nuisance abatement action for the judicial civil remedies available under this article III, chapter 37. (f) Close, to close, or closure: means to detain or secure the property and remove all owners, tenants, occupants and other persons and animals from the real property, motor vehicle, or personal property, or a specified discrete portion thereof, and to lock, board, bar and otherwise close and prohibit all entry, access, and use of the real property, motor vehicle, or personal property, or a specified discrete portion thereof, except such access and use as may be specifically ordered by the court for purposes of inventory, maintenance, storage, security, environmental clean-up, sanitation and other purposes, and to vest the sole right of possession and control of the real property, motor vehicle, or personal property, or a specified discrete portion thereof, in the city and county of Denver for a limited period of time defined by court order. In the case of a motor vehicle, closure includes detention and impoundment. (g) Contraband: means any personal property or motor vehicle, which is illegal to own, including, but not limited to, any illegal controlled substance, any illegal firearm or weapon, as defined in the laws of the city, this state, or the United States, or any motor vehicle upon which stolen parts are known to be attached, connected, or joined. (h) Flight: means to flee, escape, or leave the place where the public nuisance activity was committed or conducted. (i) Impound or impoundment: means to move a detained motor vehicle to the sheriff's vehicle impound facility and to retain it temporarily in the legal custody of the city. (j) Legal or equitable interest or right of possession: includes every legal and equitable interest, title, estate, tenancy, and right of possession recognized by law and equity, including, but not limited to, freeholds, life estates, future interests, condominium rights, time-share rights, leaseholds, easements, licenses, liens, deeds of trust, contractual rights, mortgages, security interests, and any right or obligation to manage or act as agent or trustee for any person holding any of the foregoing, while excluding any straw man interest. (k) Motor vehicle: means any device of conveyance capable of moving itself or of being moved from place to place upon wheels or track or by water or air, whether or not intended for the transport of persons or property, and includes any place therein adapted for overnight accommodation of persons or animals or for the carrying on of business. (l) Non-involved owner: means a person who holds a legal interest in property that is implicated in a public nuisance abatement action who took all steps that reasonably should have been taken to prevent the proscribed use of the property, and who neither: (1) Participated in the transaction constituting the public nuisance act; nor (2) Knew or reasonably should have known that the property would be used in the commission of a public nuisance act, or, that the person who used the property illegally had engaged in prior similar conduct or had a prior record or reputation for violating the laws of the United States, State of Colorado, or the City of Denver for related crime. (m) Owner: means a person with a present bona fide legal or equitable interest or right of possession of property, excluding any straw man. (n) Personal property: means all property of every kind and nature whatsoever including cash, vehicles, animals, intangible property and contraband, but does not include real property of any kind. (o) Property: means property of all kinds, including real property, motor vehicles, and personal property as defined herein. (p) Public nuisance abatement coordinator: means the person appointed pursuant to section 2-316 of this Code or their designee. (q) Real property: means land and all improvements, buildings, and structures, and all estates, rights and interests, legal and equitable, in the same, including, but not limited to, all forms of ownership and title, future interests, condominium rights, time-share rights, easements, water rights, mineral rights, oil and gas rights, space rights, and air rights. (r) Receivership: means the special receivership on the terms set out in section 37-75(c)(4), below. (s) Storage: means to place or leave an object in a location for any period of time. (t) Straw man: means a person who takes part in the purchase lease, or ownership of property in name only, even though such person may become financially obligated under such purchase or lease arrangement; an accommodation party; a nominal party to a transaction; one who acts as an agent for another for the purpose of taking title to property, and executing whatever documents and instruments the principle may direct respecting the property; a person who purchases, leases, or acquires title to property for another person in order to conceal the identity of the real purchaser or lessor from any other party, including, but not limited to, the seller, lessor, any financial institution, lien holder, or governmental agency, regardless of the person's knowledge of the intent of the real purchaser or lessee. (u) Structure: means anything constructed, erected, or placed upon real property which is so firmly attached to the land to be reasonably considered part of the real estate, and includes buildings of every type and nature whatsoever. (v) Other definitions. The definitions provided in section 37-50 shall also apply to this article III of chapter 37. (Ord. No. 481-98, § 1, 7-13-98; Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 4, 4-22-19)

Denver Revised Municipal Code § 37-72 Procedure in general.

Sec. 37-72. - Procedure in general. (a) Remedies to be cumulative and supplementary. The remedies provided in this article III of chapter 37 are cumulative and supplementary to the criminal penalties provided in article II of chapter 37, the criminal remedies provided by any other criminal ordinance or statute, other civil remedies, and to any administrative proceedings to revoke, suspend, fine, or take other action against any license. The city may pursue the remedies provided in this article III of chapter 37, the criminal penalties provided in section 37-51 or other ordinances or statutes, other civil actions or remedies, administrative proceedings against a license, or any one (1) or more of them, and may do so simultaneously or in succession. (b) No delay in proceedings. The civil action provided in this article III of chapter 37 shall not be delayed or held in abeyance pending the outcome of any proceedings in a criminal, civil, or administrative action, or any action filed by any other person, unless all parties to the action under this article III of chapter 37 so stipulate. (c) Nature of nuisance abatement actions and limitation of defenses. All actions under this article III of chapter 37 shall be civil and remedial in nature. The civil action shall be in the nature of a special statutory proceeding. All issues of fact and law shall be tried to the court without a jury. No equitable defenses may be set up or maintained in any action under this section. All closure, receivership, and destruction remedies under this article III of chapter 37 shall be in rem. Injunctive remedies under this section may be partly in personam. The burden of proof in all proceedings under this article III of chapter 37, including proof of the underlying criminal activity forming the basis of a public nuisance, shall be by clear and convincing evidence, unless a different burden of proof is specified. (d) Concurrent jurisdiction. Pursuant to article XX, section 6, and article VI, section 1, Colorado Constitution, and sections 4.2.1, 4.2.5 and 4.2.6, charter of the City and County of Denver, the county court for the City and County of Denver is hereby granted the jurisdiction, duties and powers of this article III of chapter 37. The jurisdiction of the county court for the city and county of Denver in actions under this article III of chapter 37 shall be concurrent with the jurisdiction of the district court. Civil actions under this article III of chapter 37 may be filed in the district court or the county court for the City and County of Denver. (e) Rules governing actions and discovery. Proceedings under this article III of chapter 37 shall be governed by the Colorado Rules of Civil Procedure unless this article III of chapter 37 provides a more specific rule. Discovery shall be governed by the Colorado Rules of County Court Civil Procedure. Where this article III of chapter 37 fails to state a rule of decision, the court shall first look to the Public Nuisance Abatement Act, C.R.S. section 16-13-301 et seq., as amended, and the cases decided thereunder. (f) Exclusive filing authority. Actions under this article III of chapter 37 shall be filed only by the office of the city attorney. (g) Consolidation of actions. Actions under this article III of chapter 37 may be consolidated with another civil action under this article III of chapter 37 involving the same property. Actions under this article III of chapter 37 shall not be consolidated with any other civil or criminal action except upon the stipulation of all parties. No party may file any counterclaim, cross-claim, third party claim, or set-off of any kind in any action under this article III of chapter 37. (h) Filing of notices with clerk and recorder. Actions under this article III of chapter 37 include actions affecting the use, possession, and enjoyment, of real property. Accordingly, the city may file and record with the clerk and recorder, a cease and desist order or notice of lis pendens, or both, against the real property involved to fully inform and protect the interests of any bona fide innocent third party purchaser. (i) Commencement of actions. An action under this article III of chapter 37 shall be commenced by the filing of a verified complaint and a motion for temporary restraining order. (j) Parties to action. The defendant(s) to the action provided in this article III of chapter 37 and the persons liable for the remedies in this section include the property itself, any person owning or claiming any legal or equitable interest or right of possession in the property, all tenants and occupants at the property, all managers and agents for any person claiming a legal or equitable interest in the property, any person committing, conducting, promoting, facilitating or aiding the commission of or flight from a public nuisance, and any other person whose involvement may be necessary to abate the nuisance, prevent it from recurring, or to carry into effect the court's orders for temporary restraining orders, closures, receiverships, injunctions, liens, and destruction. None of these parties shall be deemed necessary or indispensable parties. Any person holding any legal or equitable interest or right of possession in the property who has not been named as a party-defendant may intervene as a party-defendant, excluding any straw man. No other parties may intervene. (k) Service of process in general. The defendant(s) shall be served as in civil actions except as provided otherwise in this article III of chapter 37. (l) Service by mail in motor vehicle cases. Service of the summons, complaint, and temporary restraining order upon the owners and lienors of a motor vehicle shall be deemed sufficient if a copy of the same is sent to the person shown as the owner or lienor on the records of the Colorado department of revenue, division of motor vehicles, or any similar department of any sister state, by first class mail, at the address as shown by the records of the Colorado department of revenue, division of motor vehicles, or any similar department of any sister state, as of the date of the public nuisance offense, or at the last known address given by the owner or listed upon any government issued identification document bearing the photograph of the owner or listed upon apparently valid documents verifying the owner's recent purchase of the motor vehicle that are in accordance with the laws of the state, presented to or found by any law enforcement officer or member of the office of the public nuisance abatement coordinator, whether or not the letter is actually received. Service shall be deemed completed seven (7) days after the letter is mailed. (m) Service by mail in real property cases. Service of the summons, complaint, and temporary restraining order upon the owner and all persons claiming a legal or equitable interest or right of possession in real property shall be deemed sufficient if a copy of the same is sent to the person shown as the owner or holder of that legal or equitable interest or right of possession on the records of the assessor or clerk and recorder, by first class mail, at the address as shown by the records of the same, or at the last known address given by said person, or the address listed upon any government issued identification document bearing the photograph of said person presented to or found by any law enforcement officer or member of the office of public nuisance abatement coordinator, whether or not the letter is actually received. Service shall be deemed completed seven (7) days after the letter is mailed. (n) Service by posting or detention. The summons, complaint and temporary restraining order shall be served upon the real property itself by posting copies of the same in some prominent place on the real property. Motor vehicles and other personal property shall be deemed served by impoundment or detention of the motor vehicle or other personal property. (o) Service by publication. Defendants and unknown persons who may claim an interest in the property who cannot be served by mail as provided above and cannot be served after a good faith and diligent effort to do so may be served by publishing a copy of the summons twice in a newspaper of general circulation within the city. The summons shall describe the property at issue and the place where a copy of the complaint and attendant documents can be obtained. A party served by publication shall have thirty (30) days from the date of the last publication to respond. (p) Notification before filing civil action. (1) At least ten (10) days before filing a civil action under this article involving any closure, or receivership of real property, the public nuisance abatement coordinator shall post a notice at the main entrance to the buildings or at some other prominent place on the real property. The public nuisance abatement coordinator shall also mail a notice to the owner of the real property and to the holder of the last deed of trust recorded on the real property by first class mail. The mailing of the notice shall be deemed sufficient if mailed to the owner and holder of the last recorded deed of trust at the address shown on any ownership and encumbrance report, or recorded documents attached thereto, issued by any title company doing business within the State of Colorado. The posted and mailed notices shall state that the real property has been identified as a public nuisance and that a civil action under this article may be filed. (2) The public nuisance abatement coordinator is authorized to enter upon properties for the purpose of posting these notices and to affix the notice in any reasonable manner to buildings and structures. (3) The public nuisance abatement coordinator shall not be required to post or mail any notice specified in subsection (p)(1) whenever the coordinator determines, in his or her sole discretion, that any of the following conditions exist: a. The public nuisance poses an immediate threat to public health, safety, or welfare; b. Notice would jeopardize a pending investigation of criminal or public nuisance activity, confidential informants, or other police activity; c. Notice could result in sale, transfer, encumbrance or destruction of the property; d. Other emergency circumstances exist; or e. The owner and holder of the last recorded deed of trust have been notified in writing within the last one hundred twenty (120) days that the property has been identified as a public nuisance and that a civil action under this article may be filed. (4) It shall be unlawful for any person other than the public nuisance abatement coordinator, or their designated agent, to remove any notice posted under the provisions of this subsection. (5) The fact that a defendant took steps to abate the public nuisance after receiving the notice specified in subsection (p)(1), or any other notice, shall not constitute a defense to an action under this section. (Ord. No. 481-98, § 1, 7-13-98; Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 5, 4-22-19)

Denver Revised Municipal Code § 37-73 Detention of motor vehicles and personal property before filing complaint.

Sec. 37-73. - Detention of motor vehicles and personal property before filing complaint. (a) General. Detention of motor vehicles and personal property before filing a complaint and motion for temporary restraining order is necessary to prevent the removal, destruction and concealment of motor vehicles and personal property to thwart the remedies provided in this article. (b) Basis for detention. If the public nuisance abatement coordinator or any police officer determines that there is probable cause to believe that: (1) A public nuisance offense has occurred; and (2) The public nuisance offense occurred in a motor vehicle, or a motor vehicle or personal property was used to commit, conduct, promote, facilitate or aid the commission of or flight from the public nuisance; and (3) The motor vehicle or personal property is capable of being concealed, destroyed, or removed from the city; Then the public nuisance abatement coordinator or any police officer or sheriff's deputy may detain and impound the motor vehicle or personal property as a public nuisance. (c) Prompt declaration of status of detained property. In any case that a motor vehicle or personal property is detained as provided in subsection (b) above, the officer, sheriff's deputy or public nuisance abatement coordinator shall promptly report the detention to the city attorney's office. Within forty-five (45) days of the date the motor vehicle or personal property was detained as a public nuisance, the city attorney's office shall either declare the motor vehicle and personal property available for release, declare the motor vehicle and personal property to be contraband, declare the motor vehicle and personal property to be relevant evidence in a criminal proceeding, or file an action under this article seeking judicial remedies regarding the motor vehicle or personal property. The declarations provided above shall be in writing and shall be made available as a public record at the office of the public nuisance abatement coordinator. (d) Persons eligible to claim return of detained property. Any person, except a straw man, claiming any legal or equitable interest or right of possession in any motor vehicle or personal property detained under this section 37-73 may file a motion in the civil action filed under this article III of chapter 37 for return of the detained property. The motion shall be filed, set, served, heard and determined as provided in section 37-77(c) below. (Ord. No. 481-98, § 1, 7-13-98; Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 6, 4-22-19)

Denver Revised Municipal Code § 37-74 Temporary restraining orders in general.

Sec. 37-74. - Temporary restraining orders in general. (a) Policy. Public nuisances are a real, direct, and immediate threat to the health, safety, and welfare of the people of Denver. Public nuisances cause immediate and irreparable injury, damages and losses to the citizens of Denver and their governmental agencies. Actions at law are not an adequate remedy, and the protection of public health, safety, and welfare requires the temporary restraining orders provided in this section. Where probable cause as specified below is established, the balance of equities favors the issuance of temporary restraining orders even where this may alter the status quo pending trial to one that is lawful and free of public nuisances. Ex parte temporary restraining orders are necessary to provide rapid relief from public nuisances without the delay entailed by an adversarial hearings and personal service and to prevent persons from removing, concealing, destroying, encumbering, selling, and transferring property that may be the subject of the remedies in this article. The issuance and execution of temporary restraining orders under this article III of chapter 37 shall not be deemed a bailment of property. The owner of the property remains responsible for the maintenance, environmental clean-up, sanitation and security of property subject to temporary restraining orders and shall be permitted reasonable access to the property for these purposes upon application to the court. (b) Continuous effect of temporary restraining orders. The ex parte temporary restraining orders provided in this article III of chapter 37 shall remain continuously in effect unless modified by court order as provided in section 37-77, by stipulation of the parties, or after a trial on the merits. (1) Where a motion to vacate or modify any portion of a temporary restraining order issued under the authority of section 37-75(b), pertaining to the detention of motor vehicles or personal property is filed, set for hearing, and personally served upon the office of the city attorney, as required in section 37-77, those portions of the temporary restraining order shall continue in effect until the completion of the hearing, including the continued retention of any previously detained vehicle or item of personal property. (2) Where a motion to vacate or modify any portion of a temporary restraining order issued under the authority of section 37-75(c), pertaining to the pending physical closure of real property and the contents of buildings, is properly filed, set for hearing, and properly served upon the office of the city attorney, as required under section 37-77, those portions of the temporary restraining order authorizing the physical closure shall be held in abeyance until the probable cause hearing is concluded. (c) No security or bond. No security or bond of any type shall be required of the city in obtaining any temporary restraining order under this article III of chapter 37. (d) Form and scope of temporary restraining order. Every temporary restraining order under this article III of chapter 37 shall set forth the reason for its issuance, be reasonably specific in its terms, and describe in reasonable detail the acts and conditions authorized, required or prohibited, and is binding upon the property, the parties to the action, their attorneys, agents and employees, and any other person who receives actual notice of the order. (Ord. No. 481-98, § 1, 7-13-98; Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 7, 4-22-19)

Denver Revised Municipal Code § 37-75 Temporary restraining orders.

Sec. 37-75. - Temporary restraining orders. (a) General. The court shall issue an ex parte temporary restraining order if the complaint, supported by an affidavit, shows that there is probable cause to believe that a public nuisance offense has occurred on or in the real property or motor vehicle, or that the real property, motor vehicle, or personal property was used to commit, conduct, promote, facilitate or aid the commission of or flight from any public nuisance offense. (b) Detention and closure of motor vehicle and personal property not within buildings and restraining orders to persons concerning real property, motor vehicles, personal property and public nuisances. The temporary restraining order shall make the following orders for the detention and closure of motor vehicles and personal property not contained within buildings and restraining persons as to real property, motor vehicles, and personal property: (1) The public nuisance abatement coordinator or any police officer or sheriff's deputy shall be ordered to detain and close motor vehicles and items of personal property not contained within any structure on real property, using any reasonable force necessary, and to place the same in police custody, or to retain the same in police custody if previously detained, in the constructive custody of the court, until further order of the court. (2) All named defendants shall be ordered to deposit with the public nuisance abatement coordinator or any police officer or sheriff's deputy detaining the motor vehicle or personal property, all documents evidencing ownership, title, registration, keys, combination numbers, magnetic cards and other devices for either access and/or operation of the motor vehicles or items of personal property. (3) The public nuisance abatement coordinator or any police officer or sheriff's deputy shall be ordered to post the summons, complaint, and temporary restraining order on the real property, and to serve copies upon any person who reasonably appears or claims to hold a legal or equitable interest or right of possession in the real property, motor vehicle or personal property. (4) All persons shall be restrained from removing, concealing, damaging, destroying, or selling, giving away, encumbering or transferring any interest in personal property, motor vehicles, fixtures, structures, or real property, or the contents of the same, or using as security for a bond, any of the property. (5) Persons holding any legal or equitable interest or right of possession in the real property, motor vehicle, or personal property shall be ordered to take all reasonable steps to abate the public nuisance. (6) The public nuisance abatement coordinator or any police officer or sheriff's deputy may be authorized to take additional reasonable steps authorized by the court to abate the public nuisance activity and prevent it from recurring. (7) Certain named individuals may be required to stay at least two hundred (200) yards away from the property at all times. (8) Any other orders that may be reasonably necessary to take the property into the court's constructive custody, and to provide access to and safeguard the property. (c) Closure of real property and the contents of buildings. With respect to the closure of real property and the contents of buildings, the temporary restraining order shall make additional orders as provided in paragraph (6) of this subsection (c), which orders shall become effective ten (10) days after the date the temporary restraining order is posted on the real property and served upon any person found in possession thereof at the time of posting, unless within that ten-day period, a person claiming a bona fide legal or equitable interest or right of possession in the real property files, sets, serves, and has heard a motion for return of the real property as provided in section 37-77. (1) No temporary restraining order shall permit the closure of real property until this ten-day period has elapsed. (2) In the event that the motion is properly filed, set for hearing, served, and heard as provided in section 37-77, the portions of the temporary restraining order pertaining to the closure of the real property shall be held in abeyance until the hearing is concluded. (3) In the event that the motion is not properly filed, set for hearing, served, and heard as provided in section 37-77, the orders shall become effective after the ten-day period has elapsed, and shall not be modified except upon trial on the merits, stipulation of the parties, or as provided in paragraph (4) of this subsection (c). (4) Upon a showing of good cause at the hearing, the court may reasonably modify or delay the execution of the temporary restraining order, except that such reasonable modification or delay shall not jeopardize public health, safety, and welfare. a. In order to show "good cause" for purposes of this paragraph (4), the moving party must establish by a preponderance of the evidence that: 1. The defendant did not participate in the illegal activity; and 2. The immediate execution of the temporary restraining order will cause extreme hardship to persons holding a legal or equitable interest or right of possession in the real property. b. The court must make written findings of fact and conclusions of law that the moving party has established at the hearing, by a preponderance of the evidence, that good cause exists to support any decision to modify or delay the execution of the temporary restraining order, and that the modification or delay does not jeopardize public health, safety, and welfare. (5) The public nuisance abatement coordinator may execute the temporary restraining order after the ten-day period has elapsed. (6) The orders that shall be entered with respect to the closure of real property and the contents of buildings are: a. The public nuisance abatement coordinator and any police officer may enter upon and close the real property, and buildings, and structures upon the real property and the contents of the same, using any reasonable force necessary. b. In the event that the property is closed, all persons holding any legal or equitable interest or right of possession, in the real property, and motor vehicles or personal property contained thereon, shall be ordered to deposit with the public nuisance abatement coordinator or any police officer, or sheriff's deputy closing the real property, all documents evidencing ownership, financial interest, title, registration, keys, combination numbers, magnetic cards and other devices and information for access to the real property, any buildings, or structures, and any keys for access to and/or operation of any motor vehicles and personal property contained thereon until further order of the court. c. Persons holding any legal or equitable interest or right of possession in the real property shall be ordered to provide for the maintenance, utilities, insurance, environmental clean-up, sanitation and security of the property. The court shall permit these persons reasonable access to perform these duties. The court may order that the public nuisance abatement coordinator is permitted to perform these duties in lieu of the owners, but shall not order the public nuisance abatement coordinator to do so. d. Where the real property involved contains four (4) or more apartments or other individualized rental units, and the city so requests, the court may order, in lieu of closure, but in addition to the other orders provided above, that certain named individuals who committed, conducted, promoted, facilitated or aided the commission of a public nuisance be removed from the property, but that other persons lawfully on the premises be permitted to remain, and the property be placed in a special receivership as provided in this subsection. A receiver appointed ex parte by the court shall take possession of the property to the exclusion of the owners and other persons holding any legal or equitable interest and their managers and agents then in possession, collect rents and profits from the tenants, and pay the operating expenses, taxes, utilities and maintenance expenses on the property including the cost of abating public nuisances and preventing the same from recurring. The receiver shall not pay the principal or interest on any note, deed of trust, mortgage, installment land contract or similar instrument, and these obligations shall remain that of the owners and other persons holding any legal or equitable interest in the real property. The court shall periodically award the receiver reasonable fees for his or her services to be paid out of the rents, profits, and income. The receiver shall account for all income and expenses. The court shall order the defendants to pay the fees and expenses of the receiver, utilities, maintenance, environmental clean-up, sanitation, security, operating expenses, taxes, insurance and other reasonable expenses related to the property to the extent that the rents, income, and profits of the property are insufficient to defray the same. The receiver appointed ex parte shall not be replaced except upon the stipulation of all parties. The court may make other reasonable orders consistent with these provisions for the administration of this special receivership. e. The court may make other orders reasonably necessary to gain access to, maintain, and safeguard the property. (Ord. No. 481-98, § 1, 7-13-98; Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 8, 4-22-19)

Denver Revised Municipal Code § 37-76 Reserved.

Denver Revised Municipal Code § 37-77 Motion to vacate or modify temporary restraining order or for return of closed property.

Sec. 37-77. - Motion to vacate or modify temporary restraining order or for return of closed property. (a) General. Any party-defendant and any person holding any legal or equitable interest or right of possession in any property closed or restrained under this article, except a straw man, may file a motion to vacate or modify the temporary restraining order. Proceedings on these motions shall be as provided below. (b) Motion to vacate or modify. Within ten (10) days of the date the defendant is served with the temporary restraining order, the moving party must: (a) file this motion; and (b) set the motion for a hearing to be held as soon as practible; and (c) personally serve, and not by mail, the motion and notice of the hearing on the city attorney's office. Failure to file, set for hearing, serve the motion and notice of hearing, and have the motion heard and determined as provided above shall constitute a waiver of the motion and, except as provided in paragraph (5) of this subsection (b), the temporary restraining order shall remain in effect and shall not be modified until after a trial on the merits or upon the stipulation of the parties. (1) At the hearing, the city shall have the burden of proving that there is probable cause to believe that a public nuisance offense, as listed in section 37-50, occurred on or in the real property or motor vehicle, or probable cause to believe that the real property, motor vehicle, or personal property was used to commit, conduct, promote, facilitate or aid the commission of or flight from any public nuisance. (2) Any motion to modify or vacate a temporary restraining order shall state specifically the factual and legal grounds upon which it is based, and only those grounds may be considered at the hearing. (3) The court shall not grant an adjournment or continuance of the hearing on the motion to modify or vacate the temporary restraining order unless the parties so stipulate. The judicial determination required pursuant to this section shall not be delayed without a finding of fact and conclusion of law by the court as to the necessity for the delay and the declaration of the expedited schedule for the determination. (4) In determining whether there is probable cause, the court shall temper the rules of evidence and admit hearsay evidence unless the court finds that such hearsay evidence is not reasonably reliable and trustworthy. In determining whether there is probable cause, the court shall also consider the affidavit submitted in support of the complaint or motion for temporary restraining order, and those facts need not be repeated at the hearing. In determining whether there is probable cause, the court shall not consider whether any affirmative defenses may exist. (5) Except as otherwise provided in section 37-75(c)(4), the court shall not vacate or modify the temporary restraining order unless it finds that there is no probable cause to believe that a public nuisance occurred. (c) Consolidation of hearing on motion to vacate, modify, or for return of property with trial on merits. Where all parties so stipulate, the court may order the trial on the merits to be advanced and tried with the hearing on these motions. Even where the trial on the merits is not so advanced, any evidence received at the hearing on these motions need not be repeated at trial, but shall be treated as a part of the record for trial. (Ord. No. 481-98, § 1, 7-13-98; Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 10, 4-22-19)

Denver Revised Municipal Code § 37-78 Remedies for public nuisances.

Sec. 37-78. - Remedies for public nuisances. (a) General. Where the existence of a public nuisance is established in a civil action under this article III of chapter 37, the court shall enter prohibitory and mandatory injunctions requiring all defendants to abate the public nuisance and take specific steps to prevent the same and all other public nuisance offenses, as listed in section 37-50(c), from occurring on the real property or in the motor vehicle, or to prevent any person from using the real property, motor vehicle, or personal property to commit, conduct, promote, facilitate or aid the commission of or flight from the public nuisance. (b) Supplementary remedies. In any action where probable cause for the existence of a public nuisance is established, in the event that the defendants, or any one of them, fails, neglects or refuses to comply with the court's temporary restraining orders, receiverships, closures, and other orders, the court shall, upon the motion of the city, in addition to the remedy of contempt, enter such orders as necessary to permit the city to enter upon the real property, gain access to the motor vehicle or the subject personal property, and take such actions as are necessary to abate the public nuisance or create such additional orders as necessary to secure the property against continued public nuisance offenses during the pendency of the civil action, including, but not limited to, orders of detention, closure, and receivership. The city shall be entitled to reimbursement for all costs necessitated by the defendant(s) failure to comply with the court's orders. (c) The public nuisance abatement coordinator, based upon probable cause to believe that a public nuisance offense has occurred, may issue a cease and desist order to the owner(s) of specified real property, ordering such persons to implement an incorporated abatement plan within a specified reasonable period of time. Failure to comply with the cease and desist order will subject the real property to the filing of a remedial civil in rem public nuisance abatement action for judicial remedies available under article III, chapter 37, D.R.M.C. (Ord. No. 481-98, § 1, 7-13-98; Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 11, 4-22-19)

Denver Revised Municipal Code § 37-79 Remedies for real property.

Sec. 37-79. - Remedies for real property. (a) Additional remedies. In addition to the general and supplementary remedies listed in section 37-78, the court shall also order, with respect to any real property on or in which any public nuisance offense, as listed in section 37-50 occurred, or any real property, used to commit, conduct, promote, facilitate or aid the commission of or flight from any public nuisance offense, as listed in section 37-50, as follows: (1) Mandatory closure of real property. The court shall order that the real property be closed for a period not less than one (1) year and not exceeding three (3) years 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 property set out below, unless the defendant shows that he is a non-involved owner, as defined in subsection 37-71, above, and not in violation of a term or condition of a current abatement plan previously imposed on the subject property. The court shall order the defendants to provide for the maintenance, environmental clean-up, sanitation, utilities, insurance, and security of the property during the period of closure. a. At the end of the closure period, the real property shall be released to the owner only upon; 1. Payment of all expenses incurred by the city for closure, utilities, environmental clean-up, sanitation, security, access, destruction of buildings, maintenance, insurance, and other reasonable expenses; and 2. Payment of all civil judgments under section 37-82; and 3. Execution by all owners and other persons holding any legal or equitable interest or right of possession in the real property of a complete and unconditional release of the city and all of its employees and agents for any liability for the closure and damages to the property. b. In the event that the owners and holders of legal and equitable interests and rights of possession, or any of them, fail, neglect or refuse to pay the fees, expenses, and judgments, or to execute the release provided above, the property shall remain closed. c. The issuance and execution of the closure order shall not be deemed a bailment of property. d. The owner of the property remains responsible for the maintenance, environmental clean-up, sanitation 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. (2) Abatement plans to non-involved owners. The court may order non-involved owners to fully implement the abatement plan issued by the public nuisance abatement coordinator immediately upon judgment and maintain said abatement plan for a period of not less than one (1) year and no more than three (3) years, to be determined by the court, from the date of final judgment. No provision of the abatement plan shall be modified or vacated by the court without consent of the city, unless through the following procedure: a. Presumption of validity of abatement plan. All of the provisions of the abatement plan, as issued by the public nuisance abatement coordinator, shall be presumed reasonable, valid, and enforceable and be included in the final order of the court. 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. b. Consideration of the cost of implementation. Before the court can modify or vacate any provision of the abatement plan under a claim relating to the financial cost of its implementation, regardless of the temporary reduction in the fair market value of the property, the court must issue a written decision, describing in detail the factual findings and legal conclusions that led the court to conclude that the defendants have established, by clear and convincing evidence, the following: 1. A description of both the current lawful use of the subject parcel of real property utilized by the owner(s) and all alternative lawful uses available for the subject parcel of real property, as permitted and described by chapter 59 of this Code, not including any alternative use possible from either an application for a variance, an application for a use exception, or an appeal to the board of adjustment, pursuant to chapter 59 of this Code, filed with the board of adjustment after the date of the filing of the complaint under this article; 2. Each and every alternative legal use of the property, even on a temporary basis, would permanently deprive the owner(s) of all economically viable use of the real property; 3. The costs to the surrounding neighborhood, and the community as a whole, which are associated with the public nuisance, in all fairness and justice, should not be borne by the owners of the property alone; and 4. Without the desired modification or vacating of the subject provision, the provision would amount to a taking under state or federal laws. (b) Extensions of time for full implementation of abatement plan. The costs of full implementation of the abatement plan shall not be a basis for any extension in the implementation of the abatement plan. Upon a finding, based upon proof by clear and convincing evidence, that an extension of time for the implementation of any specific provision of the abatement plan is necessary, the court may grant the defendant a reasonable extension of time, provided that the court finds that the defendant(s) utilized diligent efforts and all available means to minimize the delay of implementation during the time period between the original date of issuance of the abatement plan by the office of the public nuisance abatement coordinator and the date of the court's final judgment. Upon granting any extension, the court shall similarly extend the period of time that the owners must maintain the property under abatement plan. The court shall issue all necessary orders to supplement the abatement plan to minimize the continuation of the public nuisance during any granted time extension period, including, but not limited to, closure, cessation of operations, or other restrictions on the use of the property. (c) Receivership of real property. The court may order, where the city so requests, in lieu of closure of real property, that the real property be placed into a special receivership on the terms set out in section 37-75(c)(4) for a period not less than one (1) year and not more than three (3) years 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 property set out below. The court shall order the defendants to provide for and pay the maintenance, utilities, environmental clean-up, sanitation, security, operating expenses, taxes, insurance, receivership fees, and other reasonable expense related to the property to the extent that the rents, profits, and income of the property under the receivership are insufficient to defray these expenses. At the end of the receivership period, the real property shall be released to the owner only upon (a) payment of all expenses incurred by the city for closure, utilities, environmental clean-up, sanitation, security, access, maintenance, insurance, taxes, receivership and receivership fees, and other reasonable expenses, not covered by the income under receivership; (b) payment of all civil judgments under section 37-80; and (c) execution by all owners and other persons holding any legal or equitable interest or right of possession in the real property of a complete and unconditional release of the city and all of its employees and agents, including the receiver, for any liability for the closure and receivership and damages to the property. In the event that the owners or other persons holding any legal or equitable interest or right of possession in the real property, or any of them, fail, neglect or refuse to pay the fees, expenses, and judgments, or to execute the release provided above, the property shall remain under the receivership or be closed as provided in subsection (a)(1) above. The issuance and execution of the receivership order shall not be deemed a bailment of property. The owner of the property remains responsible for the maintenance, environmental clean-up, sanitation, and security of property subject to the receivership order and shall be permitted reasonable access to the property for these purposes upon application to the court. In the event that the income, rents and profits of the receivership, after a complete accounting, exceed the costs and expenses of access, closure, maintenance, security, taxes, insurance, environmental clean-up, sanitation, destruction of buildings, the receivership and receivership fees, and all other reasonable expenses related to the property, the court shall order the receiver to expend the remainder first to pay the civil judgments due in the case, and second on specific improvements at the property that will abate public nuisances or prevent them from recurring. (d) Notice to purchaser. Any abatement plan issued by the public nuisance abatement coordinator affecting real property or any stipulation regarding the closure or other disposition of real property shall provide that the public nuisance abatement coordinator will give notice to an approved potential purchaser of such real property a copy of the affidavit in support of temporary restraining order or such other documentation supporting a public nuisance action against the real property. (Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 12, 4-22-19)

Denver Revised Municipal Code § 37-80 Remedies for motor vehicles and personal property.

Sec. 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)

Denver Revised Municipal Code § 37-81 Reserved.

Denver Revised Municipal Code § 37-82 Civil judgment and liens.

Sec. 37-82. - Civil judgment and liens. (a) Judgment for costs. Except as provided in subsection (c) of this section, in any case in which a public nuisance is established by clear and convincing evidence, in addition to the remedies provided above, the court shall impose a separate civil judgment on every person who committed, conducted, promoted, facilitated, or aided the commission of any public nuisance or who held any legal or equitable interest or right of possession in any real property or motor vehicle on or in which any public nuisance occurred, or any real property, motor vehicle, or personal property used to commit, conduct, promote, facilitate or aid the commission of any public nuisance. This civil judgment shall be for the purpose of compensating the city for the costs of pursuing the remedies under this article. (b) The civil judgment shall be in the liquidated sum of two thousand dollars ($2,000.00) and shall be imposed as a judgment against each defendant independently, separately and severally. (c) In the event that the owners and lienors of a subject motor vehicle, or any of them, fail to file timely responsive pleadings and set the matter for hearing or trial on the merits, the court shall enter a default judgment and an order deeming the vehicle abandoned. In the event a default judgment and order of abandonment are entered, the civil judgment provided in subsection (b) of this section shall not be imposed and the vehicle shall be disposed of pursuant to the provisions of section 54-816(b). (d) Liens for civil judgments. In addition to the remedies provided in this article III of chapter 37, the city shall have a lien against the real property and motor vehicle, when applicable, on or in which any public nuisance occurred or which was used to commit, conduct, promote, facilitate, or aid in the commission of any public nuisance for the total of all civil judgments imposed under this section. The city may record a statement of lien affecting real property with the clerk and recorder. The city may record a lien with the Denver Vehicle Impound Facility for a motor vehicle that has been closed and impounded following a public nuisance abatement action. Such vehicle may not be released to the owner until a release of lien is secured from the office of the city attorney. (Ord. No. 481-98, § 1, 7-13-98; Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 15, 4-22-19)

Denver Revised Municipal Code § 37-83 Stipulated alternative remedies.

Sec. 37-83. - Stipulated alternative remedies. (a) Voluntary stipulations. The city and any party-defendant to an action under this article III of chapter 37 may voluntarily stipulate to temporary restraining orders, closures, receiverships, destruction, judgments, liens, and other remedies, temporary or permanent, that are different or altered from those provided in this article, including, but not limited to, the following: (1) Shorter or less stringent temporary restraining orders, closures and receiverships. (2) Receiverships on other terms, including, but not limited to, terms providing for the payment of secured indebtedness on the subject property, removal or substitution of the receiver, and other terms. (3) Nondestruction of buildings, structures, vehicles and personal property. (4) Release of real property to the party presently entitled to possession, or to an agent, manager, or receiver appointed under the stipulation, after the public nuisance has been fully abated, steps have been taken to prevent public nuisances from recurring, sufficient action has been taken to deter public nuisances, and the public interest is protected, or a suitable plan to accomplish these goals has been agreed to. (5) Reduction or waiver of civil judgments and liens. (6) Other reasonable stipulations designed to abate the public nuisance, prevent public nuisances from recurring, deter public nuisance activity, and protect public interest. (b) Court approval required. A stipulation pursuant to subsection 37-83(a), above, shall be submitted to the court for approval, which approval shall not be unreasonably withheld. No hearing is required, unless requested by a party, or upon the court's own motion. (Ord. No. 481-98, § 1, 7-13-98; Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 16, 4-22-19)

Denver Revised Municipal Code § 37-84 Other closures, forfeitures and confiscations.

Sec. 37-84. - Other closures, forfeitures and confiscations. Nothing in this article shall be construed to limit or forbid the confiscation, closure, destruction, or forfeiture of property now or hereafter required, authorized or permitted by any other provision of law. Nothing in this article shall be construed as requiring that evidence and property confiscated, closed, forfeited or destroyed under other provisions of law be subjected to the special remedies and procedures provided in this article. (Ord. No. 481-98, § 1, 7-13-98; Ord. No. 307-19, § 17, 4-22-19)

Denver Revised Municipal Code § 37-85 Limitation on action.

Sec. 37-85. - Limitation on action. Actions under this article III of chapter 37 shall be filed no later than one (1) year after the public nuisance or the last in a series of acts constituting the public nuisance occurs. This limitation shall not be construed to limit the introduction of evidence of public nuisances that occurred more than one (1) year before the filing of the complaint when relevant for any purpose. (Ord. No. 481-98, § 1, 7-13-98)

Denver Revised Municipal Code § 37-86 Severability.

Sec. 37-86. - Severability. In the event that any provision of this article III of chapter 37 is declared to be unconstitutional or invalid for any reason, the remaining provisions of this article shall be upheld and enforced unless the remaining provisions would create an unreasonable or unjust result. (Ord. No. 481-98, § 1, 7-13-98)

Denver Revised Municipal Code § 37-87 Reporting requirements.

Sec. 37-87. - Reporting requirements. (a) The city attorney's office shall provide biannual reports to the city council on the first of March covering the preceding months of September, October, November, December, and January, and on the first of October covering the preceding months of February, March, April, May, June, July, and August. These reports shall include the following information: (1) The number and type of public nuisance cases filed and the totals of each type, including: a. The type of property; b. The type of predicate offense; c. The number of vehicles released to the owner or lienholder; and d. The number of vehicles sold at auction. (2) The amount of towing fees, storage fees, and auction revenue collected. (3) Any additional information requested by council. (Ord. No. 307-19, § 18, 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_ARTIIICIABPUNUFetched: 10/27/2026