Remedies for real property.
Denver Revised Municipal Code § 37-79
in effectSec. 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)
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_S37-79REREPRFetched: 10/27/2026