Town of Foxfield

Proposed DRAFT Nuisance Ordinance

Introduction and Part 1 of a DRAFT Nuisance Ordinance

Background -

Over the past few years, the Foxfield Board has received numerous complaints regarding general nuisances in town. At present, we have no specific regulations regarding general nuisances other that what is contained in our zoning laws and general regulations from the County and State.

The following is a general nuisance ordinance implemented in other towns and cities. The Foxfield Board of Trustees is soliciting comments from the residents regarding modifications to this ordinance. Obviously, some sections would not be applicable here in Foxfield. If you have comments, please send them to any Board member. We will be discussing a nuisance ordinance in future meetings.

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Section 1. A statutory scheme regarding the abatement of nuisances is hereby enacted as follows:

Article I. In General

Section 1. Purpose of ordinance. It shall be the policy of the Town to promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the Town and, therefore, the Board of Trustees declares that every public nuisance shall be unlawful and shall be restrained, prevented, abated and enjoined.

Section 2. Construction of terms; definitions.

As used in the provisions of this Ordinance:

a. Construction of terms.

(1) References in masculine terminology shall include the feminine, and vice﷓versa.

(2) References in singular terminology shall include the plural, and vice﷓versa.

b. Definitions.

Agent means and includes any person acting on behalf of or in place of the owner.


Litter means any and every rubbish, waste material, refuse, garbage, trash, debris, excrement, urine, dead bird, dead fish, fishing line, bait, chemical compound, petroleum product or compound, automobile part or accessory, tire, wheel, junk, paper, cardboard, can, lid, bottle, cap, carton, wrapper, box, wooden object, plastic object, clothing, cloth, metal object, rubber object, leather object, hide, feathers, grass clippings, leaves, cut weeds, tree branches, bush clippings, bricks, cinderblock, building material, wood, port﷓o﷓potties, paint, concrete, sand, dirt, mud, gravel, stone, glass, asphalt, ashes, cigarette, cigar, food or food product, solvent, dye, beverage, liquid except clean water, offal composed of animal matter or vegetable matter or both, or any noxious or offensive matter whatever.

Mayor refers to the elected position of Mayor of the Town, or his designee.

Occupant means and includes any person who occupies the whole or a part of a building, premises or land, whether alone or with others.

Owner means and includes:

(1) Any owner or holder of any legal or equitable estate in real property, including a dominant or servient tenement, except a future or reversionary interest and except the interest of a public trustee, lien holder, mortgagee or beneficiary of a deed of trust.

(2) The owner of record, as reflected by the records of the office of the Arapahoe County Clerk and Recorder.

Person means and includes any individual, partnership, corporation, association, and the agent, servant or employee of any individual, partnership, corporation or association.

Property authorization means and includes the written or verbal authorization of an officer, department or judge of the Town or the State authorizing or requiring an act which is done in pursuance of such authorization; and, in the case of any provision defining an offense against private property, the written or verbal authorization or permission of the owner of such property. A public officer or employee acting within the scope of his or her authority or employment shall be deemed to have proper authorization therefor.

Public nuisance includes:

(1) The conducting or maintaining of any business, occupation or activity prohibited by statute or by ordinance.


(2) The continuous or repeated conducting or maintaining of any business, occupation, operation, activity, building, land or premises in violation of statute or ordinance.

(3) Any building, structure or land open to or used by the general public, the condition of which presents a substantial danger or hazard to public health or safety.

(4) Any unlawful pollution or contamination of any surface or subsurface waters in the Town, or of the air, or of any water, substance or material intended for human consumption.

(5) Any activity, operation or condition which, after being ordered abated, corrected or discontinued by a lawful order of a department or officer of the Town or the County of Arapahoe, continues to be conducted or continues to exist in violation of statute or ordinance or in violation of any regulation of the Town, the County or the State.

(6) Any activity, operation, condition, building, structure, place, premises or thing which is injurious to the health or safety of the citizens of the Town, or which is indecent or offensive to the senses so as to interfere with the comfortable enjoyment of life or property.

(7) Any nuisance defined or declared as such by statute or ordinance.

Public or private property includes, but is not limited to, the real property, building or structure thereon of any person, state, county, city, public or private corporation or the United States; the right﷓of﷓way of any street, road, railroad or highway; and any body of water, irrigation ditch or watercourse, including frozen areas thereof and the shores and beaches thereof; any park, playground, building or recreation area; and any school grounds, school building or property used for school purposes.

Public place means and includes:

(1) Any street, highway, public right﷓of﷓way, sidewalk, driveway, alley, church, school building, school grounds, public building, library, fire station, park, parking lot or vacant land.

(2) The entire premises of any shopping center, restaurant, bar, store, service establishment, service station, theater, auditorium or place of amusement, except any portion of the premises reserved for the use of the owner or operator thereof or the employees of such owner or operator, and except any portion of the premises from which the general public is excluded.

(3) Any lobby, corridor, elevator, stairway, public room, common room or recreation room in a hotel, motel, office building or apartment building.

Statute means a statute of the State of Colorado.

Trees and shrubs include all trees, shrubs, bushes and all other woody vegetation.

Section 3. Inspection of properties.

a. Authorized inspector. The Mayor shall have the power and authority to appoint and authorize any sheriff, building inspector, code enforcement officer or other officer of the Town to inspect and examine any public or private property in the Town for the purpose of ascertaining the nature and existence of any nuisance.

b. Right of entry generally. Whenever necessary to make an inspection to enforce any of the provisions of this Ordinance, or whenever an authorized inspector has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a nuisance hereunder, such inspector may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed on him or her; provided, however, that if such building or premises is occupied, such inspector shall first present proper credentials and request entry; and if such building or premises is unoccupied, he or she shall first make a reasonable effort to locate the owner or occupant or other person or persons having charge or control of the building or premises, and upon locating the owner, occupant or other person or persons shall present proper credentials and request entry. If entry is refused, the authorized inspector shall give the owner or occupant, or if the owner or occupant cannot be located after a reasonable effort he or she shall leave at the building or premises, a written notice of intention to inspect not sooner than twenty﷓four (24) hours after the time specified in the notice. The notice given to the owner or occupant or left on the premises shall state that the property owner has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a Municipal Judge of the Town, or by a judge of any other court having jurisdiction. The requirements of this section shall not apply to public places, including privately owned vacant land, as defined in Section 2, which may be inspected by an authorized inspector at any time without notice.

c. Search warrants. After the expiration of the twenty﷓four (24) hour period from the giving or leaving of such notice, the authorized inspector may appear before the municipal judge of the Municipal Court of the Town and upon a showing of probable cause by written affidavit shall obtain a search warrant entitling him or her to enter the building or upon the premises. Upon presentation of the search warrant and proper credentials, or possession of same in the case of an unoccupied building or premises, the authorized
inspector may enter into the building or upon the premises using such reasonable force as may be necessary to gain entry.

d. Probable cause for issuance of search warrant. For purposes of this section, a determination of probable cause will be based upon reasonableness, and if a valid public interest and reasonable suspicion of violation justify the intrusion contemplated, then there is probable cause to issue a search warrant. The person applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises in issue in order to obtain a search warrant, but must show some factual or practical circumstances that would cause an ordinary prudent person to act. It is unlawful for any owner or occupant of the building or premises to deny entry to any authorized inspector or to resist reasonable force used by an authorized inspector, acting pursuant to this section.

e. Right of entry ﷓ emergencies. Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this Ordinance, an authorized inspector upon a presentation of proper credentials or identification, in the case of an occupied building or premises, or possession of the credentials in the case of an unoccupied building or premises, may enter into any building or upon any premises within the jurisdiction of the Town.

(1) In the emergency situation such person or his or her authorized representative may use such reasonable force as may be necessary to gain entry into the building or upon the premises.

(2) For purposes of this subsection, an emergency situation includes any situation where there is imminent danger of loss of, or injury or damage to, life, limb or property. It is unlawful for any owner or occupant of the building or premises to deny entry to any authorized inspector or to resist reasonable force used by the authorized official acting pursuant to this section.

f. Search warrants ﷓ jurisdiction of the Municipal Court. Any municipal judge of the Municipal Court of the Town shall have power to issue search warrants upon a showing of probable cause as provided in subsections (c) and (d) of this section.

Section 4. Abatement of nuisances.

a. The following notice shall be given prior to an order to abate a nuisance:

(1) Upon the discovery of any nuisance on public or private property within the Town that poses an imminent danger of damage or injury to or loss of life, limb, property or health, the authorized inspector shall post the property in a conspicuous place, or notify in person, by telephone or in writing the author of the nuisance, or the property
owner or occupant that it shall be abated in twenty﷓four (24) hours or such lesser time as the inspector believes is reasonable.

(2) Upon the discovery of a nuisance located or found in or upon any street, avenue, alley, sidewalk, highway, public right﷓of﷓way, public grounds, park, recreation facility or public property within the Town, the nuisance may be abated without prior notice to the author of the nuisance. However, if the nuisance is caused by an individual who has been issued a building permit by the Town, the Town shall post the property for which the building permit was issued, or notify in person, by telephone or in writing the author of the nuisance, the property owner or occupant, the person designated in the application to receive notice of a nuisance, or the permittee that the nuisance shall be abated within twenty﷓four (24) hours or such less time as the inspector believes is reasonable.

(3) Upon the discovery of any nuisance on private property that is not described in subsection (1) or (2) above, the authorized inspector shall notify in person the author of the nuisance, or the property owner or the occupant that the nuisance shall be abated within seven (7) days or such greater time as the inspector believes is reasonable. If the person cannot be contacted or the property is vacant, the authorized inspector shall post the property. The authorized inspector shall also send notice by certified mail to the last known address of the property owner.

In no event shall the notice required by this section be required prior to the issuance of a summons and complaint.

b. Any written notice issued pursuant to subsection a. this section should describe the nuisance; when the nuisance must be abated; and state that if the nuisance is not abated within the time specified, the nuisance may be abated by the Town and the individual may be charged in Municipal Court for violating the provisions of this Ordinance. The written notice should also provide that if the Town abates the nuisance, it shall be entitled to recover the actual cost of abatement, which shall be based upon a schedule of costs prepared by the Mayor or his designee from time to time; plus fifteen percent (15%) of the abatement cost for an administrative fee. Finally, the written notice should state that if the cost of abatement is not paid, a lien may be placed upon any property on which the abatement was performed. Failure to substantially comply with this notice shall not invalidate the proceedings.

Section 5. Action to abate a public nuisance.

When a public nuisance has not been voluntarily abated within the time specified in the notice to abate, the following procedure shall apply:

a. If the owner or occupant fails to abate the nuisance in the time specified under Section 4, then the Town may proceed to have the nuisance abated from the property without delay. If the Town elects not to summarily abate the nuisance, it may bring an action in Municipal Court to have the nuisance declared as such by the court and for an order enjoining the nuisance and authorizing its restraint, removal, termination or abatement.

b. The action to declare and abate a public nuisance shall be brought by the Town in the name of the people of the Town, by the filing of a complaint, which shall be verified or supported by an affidavit. Summonses shall be issued and served as in civil cases, and any employee of the Town, who is over the age of eighteen (18), may serve the summons and verified complaint upon the owner, agent, occupant or the person who allowed the nuisance to be caused or to continue (hereafter referred to as the respondent). Trial shall be to the court.

(1) A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty﷓one (21) days from the date of service of the summons and complaint. The trial shall be held upon the appearance date, unless the court grants a continuance for good cause shown.

(2) The respondent shall file a response on or before the appearance date set forth in the notice of appearance.

(3) Upon the date and at the time set for appearance and trial, if the respondent has filed no response and fails to appear and if the Town proves that proper service was made on the respondent at least twenty﷓one (21) days prior to the appearance date, the court may grant such orders as are requested by the Town; except that the court shall order that enforcement by the Town be stayed for ten (10) days and that a copy of the court's order be mailed to the respondent at his or her last known address. Failure to appear on any date set for trial shall be grounds for entering a default and judgment thereon against a nonappearing party. For good cause shown, and prior to enforcement, the court may set aside an entry of default and the judgment entered thereon.

(4) Any violation of any injunction or order issued by the Municipal Court in an action to abate a public nuisance may be punished as a contempt of court or by a fine not to exceed four hundred ninety-nine dollars ($499.00). Unless the violation by its nature cannot be corrected, each day's failure to comply with an injunction or order to
abate shall constitute a separate violation for which an additional penalty may be imposed.

(5) The judgment of the Municipal Court may be appealed to the district court.

Part 2 of a DRAFT Nuisance Ordinance

c. Within the time period specified in the notice to abate a nuisance as described in Section 4, the author of the nuisance, or the property owner or occupant, may protest the findings of the authorized inspector with respect to the nuisance. To protest the findings, a written notice of protest must be filed in the office of the Mayor or his or her designee. When a protest is filed, the Town shall bring an action in Municipal Court as outlined in this Section 5 before the nuisance is abated.

Section 6. Assessment and collection of costs of abatement.

a. The author of the nuisance, the property owner or occupant shall be liable for the actual cost of abatement, which shall be based upon a schedule of costs prepared by the Mayor or his designee from time to time; plus fifteen percent (15%) of the abatement cost for an administrative fee. The costs may be recovered as restitution in a Municipal Court proceeding, or in a separate civil action. The Town may also assess and file a lien against any property on which the abatement was performed.

b. If the costs of abatement have not been otherwise collected, the Mayor shall prepare a statement enumerating the actual costs of abatement and collection plus fifteen percent (15%) of the abatement costs for inspection and other additional administrative costs. The costs enumerated in this statement shall be a first and prior lien upon the property relating back to the date upon which the abatement was performed. A copy of this statement shall be deposited in the United States mail or personally hand﷓delivered to the owner. The owner may request a hearing before the Mayor or his representative to contest the amount of the costs. Such request must be made in writing and be filed with the Mayor or his representative within thirty (30) days of the date of mailing or service of the first statement to the owner. The owner shall be given at least two (2) weeks written notice of the date, time and place of any hearing scheduled before the Mayor or his representative. The decision of the Mayor or his representative shall be final. If the statement remains unpaid, the amount shall be certified by the Mayor or his representative to the Arapahoe County Treasurer. The County Treasurer, upon receipt of the certified statement, is hereby authorized to place the amount upon the tax list for the current year and to collect that amount in the same manner taxes are collected with a ten percent (10%) penalty thereon.

Section 7. Acts constitute violation of ordinance.

a. It shall be a violation of this Ordinance for any person:

(1) To create, operate, maintain or conduct any nuisance as defined in this Ordinance.


(2) To interfere with or prevent, or attempt to interfere with or prevent, the abatement of any nuisance by the Mayor, or his designated representatives pursuant to the provisions of this Ordinance.

b. Any person who makes or causes any nuisance to exist shall be deemed the author of the nuisance. Moreover, any person who has possession or control of any private ground or premises, whether he or she is the owner of the property or not, where any nuisance exists or is found, shall be deemed the author of the nuisance. Each and every day during which any nuisance continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense.

Article II. Specified Nuisances

Section 1. Offensive trade or business. Whenever the pursuit of any trade, business or manufacture or maintenance of any substance or condition of things results in a condition detrimental to the health, safety or general welfare of the inhabitants of the Town, such pursuit shall be deemed a nuisance and shall be abated. By way of illustration but not limitation, the pursuit of the following trades or businesses within the Town shall constitute unlawful nuisances:

a. Junkyards and dumping grounds. All places used or maintained, or permitted to be used or maintained, as junkyards or dumping grounds, or for the wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn out, wrecked or abandoned automobiles, machinery of any kind, or for any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, when such places are kept in such manner as to interfere with the comfortable enjoyment of life or property by others. Nothing in this Section 8 shall be deemed or construed to prevent the Town from acquiring, operating and maintaining a facility for the storage of motor vehicles, vehicles, boats, machinery or equipment.

b. Slaughter houses and rendering plants. All places used or maintained or permitted to be used or maintained for slaughtering animals, for bone crushing, bone boiling, bone rendering, bone burning, fat boiling, fat rendering, fat drying, gut cleaning or the making of glue, or the manufacture of fertilizing materials of any kind or description from any dead animal or part thereof, or any boiling of offal, swill, fat or grease of any description when such places are operated in an unclean or offensive manner, or when such places are operated so as to interfere with the comfortable enjoyment of life or property by others.

c. Construction sites. All places at which construction or excavation operations occur and from which trucks or other vehicles emerge from the site and carry onto or deposit in any street or other public place any mud, dirt, sticky substance or other litter which causes a hazard to automobile traffic or which otherwise causes a detriment to the health, safety or welfare of the inhabitants of the Town.


d. Storage operations. All places at which the owner or occupant keeps, stores or permits to be kept or stored any building materials, construction materials, paper, trash, waste material or litter upon any property in such a manner to cause a fire hazard or other detriment to the health, safety or general welfare of the inhabitants of the Town, or in such a manner that the stored materials may be blown or deposited upon any other public or private property.

Section 2. Littering public or private property.

a. It is unlawful and deemed a nuisance for any person to deposit, throw or place any litter upon any street, alley, sidewalk or public property or place in the Town except in public receptacles or authorized private receptacles.

b. It is unlawful and deemed a nuisance for any person, while an operator or passenger in any vehicle, to deposit, throw or place any litter in or upon any street, alley, sidewalk or public property or place in the Town except in public receptacles and authorized private receptacles.

c. It is unlawful and deemed a nuisance to operate any truck, trailer or vehicle in such a manner that the load or any portion of the content of such vehicle is blown or deposited in or upon any street, alley, sidewalk or public property or place in the Town.

d. It is unlawful and deemed a nuisance for any person to deposit, throw or place any papers, newspapers, handbills, letters, samples or political literature in or upon any public street, alley, sidewalk or public property or place in the Town.

e. It is unlawful and deemed a nuisance for any person, except an authorized public employee or officer, or a person who has previously obtained a permit to do so from the Town:

(1) To post, place, glue, staple, nail, affix or attach any handbill, poster, placard, sign, announcement or other painted or printed material upon or to any street, alley, sidewalk, lawful sign, telephone pole, power pole or any public or private dwelling, store or other building or fence within the Town without the permission of the owner or occupant of such property.

(2) To post, place, glue, affix or attach any handbill, poster, placard, announcement or other painted or printed material in or upon any
passenger automobile within the Town without permission of the owner of such automobile.

f. It is unlawful and deemed a nuisance for any person to deposit, throw or place any litter on any public or private property or in any water in the Town unless:



(1) Such property is an area designated by law, ordinance or regulation for the disposal of such material and such person is authorized by the proper public authority to so use such property.

(2) The litter is placed in a receptacle or container installed on such property for such purpose.

(3) Such person is the owner or occupant in lawful possession of such property, or has first obtained written consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of said owner or occupant and does not create a public nuisance as that term is defined in Section 2 of this Ordinance.

g. It is unlawful and deemed a nuisance for any person to obstruct, litter or damage any street, avenue, alley, sidewalk, highway, public right﷓of﷓way, public grounds, park, recreation facility or public property in the Town.

Section 3. Unclean stable or stall; manure fertilizer offensive in odor; building offensive in odor or to sight.

a. Any animal or fowl enclosure in which any animal or fowl shall be kept, or in any other place within the Town in which manure or liquid discharges of such animals or fowls shall accumulate, and which is maintained in an unsanitary condition, allowing an offensive odor to escape therefrom, or providing an insect or rodent attractant, shall be deemed a nuisance.

b. Manure or any other organic material used on premises within the Town for fertilizing purposes shall not be allowed to become offensive in odor, to sight, an attraction to insects or rodents, or otherwise create an unsanitary condition.

c. Whenever manure or any other organic material shall accumulate and affect the health of the public, it may be forbidden and designated a nuisance under the provisions of this Ordinance.

d. It is unlawful and constitutes a nuisance for any person in the Town to allow any building or premises or appurtenance thereof, to become offensive in odor, offensive to sight or to create an unsanitary or hazardous health condition.

Section 4. Blowing dust.

a. It is unlawful and deemed a nuisance for a person to maintain any lot or lots or vacant land within the Town so as to allow the blowing of dust, soil or sand from such property to the detriment of the health, safety and general welfare of the inhabitants of the Town or to cause damage to the real or personal property of any person or of the Town.


b. It is unlawful and deemed a nuisance for the owner or occupant of any lot or lots or vacant land within the Town to maintain lots or vacant land in such a manner that permits dust or blowing soil or blowing sand to be deposited on other property, or to be deposited upon or within any public street, public highway or public way.

Section 5. Offensive locations.

a. Stagnant ponds. Any cellar, vault, drain, sewer, pond of water or other place in the Town that shall be noxious or offensive to others, or injurious to public health, through an accumulation or deposition of noxious, offensive or foul water, or other substances, or be conducive to the breeding of mosquitoes, is unlawful and deemed a nuisance.

b. Open wells, cisterns or excavations. It is declared that excavations exceeding five (5) feet in depth, cisterns and wells or an excavation used for storage of water within the Town are public nuisances unless the same are adequately covered with a locked lid, or other covering weighing at least sixty (60) pounds or are securely fenced with a solid fence to a height of at least five (5) feet; and it is unlawful for any person to permit such nuisance to remain on premises owned or occupied by him or her.

c. Stale matter. It is unlawful and deemed a nuisance to keep, collect or use or cause to be kept, collected or used in the Town, or permit to be kept or used, any stale, putrid or stinking fat or grease or other matter.

d. Sewer inlet. It is unlawful and deemed a nuisance to deposit in or throw into, or permit to be deposited in or thrown into, any sewer, sewer inlet or privy vault that shall have a sewer connection, any article whatsoever that might cause such sewer, sewer inlet or privy vault to overflow, back-up or otherwise become noxious or offensive to others, or to become injurious to the public health, safety or general welfare of the residents of the Town.
Section 6. Offensive discharges.

a. Noxious liquids. It is unlawful and deemed a nuisance to discharge out of or from, or permit to flow from any house or place in the Town, any foul or noxious liquid or substance of any kind whatsoever into or upon any adjacent ground or lot, or into any street, alley or public place in the Town.

b. Liquid fuel products. The Board of Trustees finds and declares that the leakage of twenty﷓five (25) gallons or more of liquid fuel products into the environment of the Town from any tank, line or delivery vehicle constitutes a danger to the health, safety and welfare of the general public and the citizens of the Town and is therefore a public nuisance.

(1) To aid in preventing the leakage of liquid fuel products, the owner, station manager or leaseholder, as operator of each underground liquid fuel installation located in the Town, shall cause to be posted in a conspicuous place at such installation a true copy of the Colorado

Oil Inspection Regulations concerning Instruction Requirements for Leak Detection.

(2) Such owner, station manager or leaseholder, as operator, shall also maintain and reconcile accurate daily inventory records on all underground liquid fuel tanks for indication of possible leakage from tanks or piping.

c. Leaking receptacles ﷓ offensive channels. Any unclean, leaking, foul, unsafe or dangerous, defective or filthy drain, ditch, trail or gutter, or any leaking or broken slop, garbage or manure box or receptacle of like character, whenever or wherever found in the Town, is deemed a nuisance.

d. Harmful chemicals. It is unlawful and deemed a nuisance for any property owner to apply or use any herbicide, pesticide, insecticide, rodenticide, disinfectant, fumigant or other harmful chemical, gas or vapor upon his or her property in such a manner that the harmful chemical, gas or vapor leaches, escapes, migrates or flows from his or her property and deposits in or on any other public or private property.

Section 7. Weed control.

a. All owners, agents and occupants of land in the Town shall prevent property owned or occupied by them from becoming overgrown in weeds. Weeds shall include brush, natural or cultivated plants or grasses in excess of twelve (12) inches in height and other vegetation grown in a rank or unsightly fashion, and shall also include without limitation bindweed, Canada thistle, common ragweed, dandelion, fireweed, milkweed, mustard, perennial sowthistle, Russian knapweed, Russian thistle, sandburs and any other similar plants and vegetation. The foregoing enumeration is not intended to be all﷓inclusive, but rather is intended to be indicative of those types of plants which are considered a nuisance. As used in this Ordinance, the term weed does not include flower or vegetable gardens, cultivated or tended shrubbery or agricultural crops including, but not limited to, hay or grass grown for feed, fodder or forage.

b. It is unlawful and deemed a nuisance for the owner, agent or occupant of any property to permit weeds to grow on such property to a height of more than twelve (12) inches.

c. Weeds shall be controlled by cutting, spraying or other lawful and suitable method of weed control.

d. The Board of Trustees may, by resolution, exempt certain areas in the Town, whether publicly or privately owned, from the prohibitions contained in this section, if the Town Council determines that such areas are: natural open space, natural park, conservation areas, erosion control areas, agricultural zoned property, or irrigation or drainage ditch rights-of-way.

Part 3 of a DRAFT Nuisance Ordinance

Section 8. Trees and shrubs.

a. Trees, shrubs and other vegetation which are dead, broken, diseased or infested by insects so as to endanger the well﷓being of other trees, shrubs or vegetation or constitute a potential threat or hazard to people or property within the Town are hereby declared a nuisance.

b. The Town Arborist as designated by the Mayor shall give written notice to the owner or occupant of any property abutting Town rights﷓of﷓way or other public property of any condition deemed unsafe caused by trees and other vegetation overhanging or projecting from such abutting property and onto or over such right﷓of﷓way or other public property with such unsafe condition. It shall be the duty of the Town Arborist to correct any such unsafe condition immediately upon the expiration of the notice periods specified in the notice of abatement.

c. It is unlawful and deemed a nuisance for any person, firm or corporation to cut, trim, spray, remove, treat or plant any tree, vine, shrub, hedge or other woody plants upon access controlled arterials or other public parks and greenbelts within the Town, unless authorized or directed by the Town Arborist.

d. It is unlawful and deemed a nuisance for any person to injure, damage or destroy any tree, shrub, vine, hedge or other vegetation in or upon public rights﷓of﷓way or other public property within the Town, except any person who notifies the Town Arborist of such injury, damage or destruction and makes arrangements to repair or replace such vegetation or pay for the cost of such repair or replacement.

e. It is unlawful and deemed a nuisance to sell or import into the Town or plant or cause to be planted any female cottonwood trees (Populus spices), Boxelder (Acer negundo), or Siberian elm (Ulmus pumila) or other undesirable plants as designated by ordinance upon any property within the Town and the planting or setting out of these certain plants is declared to be a menace to the public health, safety and welfare and a public nuisance.

Section 9. Illuminated buildings or premises. It is unlawful and deemed a nuisance for any person in the Town to allow any building or premises, or appurtenance thereof, to be illuminated in such a manner that is offensive, interferes with the comfortable enjoyment of life or property of others, or which is otherwise a detriment to the health, safety or welfare of the inhabitants of the Town.

Section 10. Offensive or unhealthy uses.

a. No building, vehicle, structure, receptacle or other thing used, or to be used, for any purpose whatever, shall be used, made, kept, maintained or operated in or retained

within the Town, if the use, keeping, maintaining or operation of the same shall be the occasion of any nuisance or danger or detriment to the public health.

b. Every other act or thing done or made, committed or allowed, or continued on any public or private property or place by any person, which is detrimental to health, offensive to sight, smell or hearing, or causes damage or injury to any of the inhabitants of the Town, and not otherwise specified in this Ordinance, shall be deemed a nuisance.

Section 11. Defaced property.

a. Definitions.

Gang means a group of three (3) or more individuals with a common interest, bond or activity characterized by criminal or delinquent conduct.

Gang graffiti means the defacing of public or private property by members of gangs by means of painting, drawing, writing, etching or carving with paint, spray paint, ink, knife or any similar method without written permission of the owner/property owner.

Graffiti means the defacing of public or private property by means of painting, drawing, writing, etching or carving with paint, spray paint, ink, knife or any similar method without written permission of the owner/property owner.

Owner/property owner means any person owning, leasing, occupying or having control or possession of any property in the Town.

b. Declaration of public nuisance. All property defaced by graffiti or gang graffiti which is visible to public view is hereby declared to be a public nuisance, and in the interest of public health, safety, morals and general welfare, shall be abated as set forth in this section.

c. Abatement of graffiti or gang graffiti. Whenever any graffiti or gang graffiti shall be found, the Mayor or his designee shall order the occupant or owner of the property upon which the graffiti or gang graffiti shall exist, at his or her own expense, to remove or correct the same within twenty﷓four (24) hours or such period in excess of twenty﷓four (24) hours as designated in writing by the Mayor or his designee. If the occupant or owner does not comply with the order of the Mayor or his designee, the Mayor or his designee may cause the graffiti or gang graffiti to be removed or
corrected and all expense incurred thereby shall be paid by the occupant or owner and may be recovered by the Town in an action against the occupant and/or owner as provided in this Ordinance.


Section 12. Removal and control of noxious plants.

a. It shall be unlawful and a nuisance for any landowner, lessee, agent, occupant or person in possession or control of any occupied or unoccupied lot or tract of land within the Town, or any part thereof, including the sidewalk, alley or street adjacent to the same, to permit the growth of noxious plants.

b. The following words, terms and phrases, when used in this section, will have the following meanings except where the context clearly indicates a different meaning:

Alien plant means a plant species which is not indigenous to the State, nor to the native plant community in which it is found.

Biological management means the use of an organism to disrupt the growth of undesirable plants.

Chemical management means the use of herbicides or plant growth regulators to disrupt the growth of undesirable plants.

Control means preventing a plant from forming viable seeds or vegetative propagules.

Cultural control means those methodologies or management practices conducted to favor the growth of desirable plants over undesirable plants including, but not limited to, maintaining an optimum fertility and plant moisture status in an area, planting at optimum density and spatial arrangement in an area, and planting species most suited to an area.

Landowner or owner means any owner of record of any land, including an owner of record of any easement, right﷓of﷓way or other estate in land.

Mechanical control means those methodologies or management practices that physically disrupt plant growth including, but not limited to, tilling, mowing, burning, flooding, mulching, hand﷓pulling and hoeing.

Native plant means a plant species which is indigenous to the State.

Noxious plant means an alien plant or parts thereof, which meets one (1) or more of the following additional criteria:

(1) It aggressively invades or is detrimental to economic crops or native plant communities.

(2) It is poisonous to livestock.

(3) It is a carrier of detrimental insects, diseases or parasites.

(4) The direct or indirect effect of the presence of such plant is detrimental to the environmentally sound management of natural or agricultural ecosystems.

(5) It is a plant commonly known as leafy spurge (Euphorbia esula); diffuse knapweed (Centaurea diffusa); Russian knapweed (Centaurea repens); or spotted knapweed (Centaurea maculosa).

Noxious plant infestation means the direct or indirect presence of a noxious plant on any land that has a detrimental effect on the environmentally sound management of the natural or agricultural ecosystem of the land and the surrounding area.

Occupant or person means an individual, partnership, corporation or association which owns, occupies or controls any land, easement or right﷓of﷓way.

Plant growth regulator means a substance used for controlling or modifying plant growth processes without appreciable phytotoxic effect at the dosage applied.

c. The Town through its employees or agents shall have the right to enter upon any premises, lands or places, whether public or private, for the purpose of inspecting for the existence of noxious plant infestations, when at least one (1) of the following circumstances has occurred:

(1) The landowner or occupant has requested an inspection.

(2) A neighboring landowner or occupant has reported a noxious plant infestation and requested an inspection.

(3) An authorized agent or employee of the Town has made a visual observation from any public place and has reason to believe that an infestation exists.

d. No entry upon any premises, lands or places shall be permitted by the Town's employees or agents until the landowner or occupant has been notified, either orally, by certified mail or by the posting of a notice at a conspicuous place on such premises, land or place that such inspection is pending. Whenever possible, agents and employees of the Town shall schedule and conduct inspections with the permission of the landowner or occupant.

e. If after receiving notice that an inspection is pending, the landowner or occupant denies access to the Town's inspector, the inspector may petition the Municipal Court for a search warrant pursuant to Article I, Section 3.c. of this Ordinance. It shall be unlawful and a violation of this section for a landowner or occupant to deny access for an inspection to any employee or agent of the Town who presents a search warrant.

f. The Town, through its agents and employees, shall give notice to the landowner or occupant of any premises, lands or places upon which any noxious plants are discovered and advise such owner or occupant of the presence of such noxious plants. The notice shall name the noxious plants, advise the landowner or occupant to control the noxious plants, and specify the best available control methods including, but not limited to, biological management, chemical management, mechanical control or cultural control. Whenever possible, the Town shall discuss the development of a management plan for the control of noxious plants with the affected landowner or occupant. The notice shall be served upon the landowner or occupant either by personal service, certified mail or posting in a conspicuous place at the affected premises, lands or places.

g. Within a reasonable time after receipt of the notice regarding the presence of noxious plants, not to exceed ten (10) days, the landowner or occupant shall either:

(1) Comply with the best available control methods as specified in the notice.

(2) Acknowledge the terms of the notice and submit an acceptable alternative management and control plan and schedule for complying with the notice.

h. In the event the landowner or occupant fails to comply with the notice to control the identified noxious plants or the management plan, the Town shall have the authority to:

(1) Provide for and compel the control of such noxious plants at such time, upon such notice and in such manner as the Town chooses.

(2) To assess the whole cost thereof, including an additional fifteen percent (15%) for inspection and other incidental costs in connection therewith, upon the lot or tract of land where the noxious plants are located. Such assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. Such assessment may be certified to the County Treasurer and collected and paid over in the same manner as provided for the collection of taxes. Any amount remaining unpaid may be carried over and charged on the tax roll of the succeeding year, and any unpaid balance so carried over shall bear interest at the rate established by the commissioner of banking pursuant to Colo. Rev. Stat. §39﷓21﷓110.5, until paid. In addition, it shall be unlawful and a violation of this section for any landowner or occupant to fail or refuse to comply with a notice to control or a management plan.

i. The Town, through its employees and agents, shall have the right to enter upon any premises, lands or places, whether public or private, for the purpose of ensuring compliance with requirements of a notice to control or a management plan.

Section 13. Unlicensed Vehicles.

a. It is unlawful and deemed a nuisance for the owner or occupant of any property to store, keep, or maintain any motor vehicle, trailer, semi-trailer, or other vehicle that is required to be registered pursuant to Title 42, Article 3, C.R.S. ("vehicle") within the Town without that vehicle having a valid and current registration as required, unless that vehicle is stored in a garage, covered in such a manner as not to interfere with the comfortable enjoyment of life or property of others, or is specifically exempted. The storing, keeping or maintaining of unregistered and/or unlicensed vehicles in outside storage, that is not specifically exempted, shall be deemed a nuisance and shall be abated.

b. Exemptions. A collector as defined by C.R.S. § 42-12-101(1) may store motor vehicles as described in Article 12 of Title 42, or parts thereof, on his or her private property, provided that such vehicles and parts and the outdoor storage areas are maintained in such a manner that they do not constitute a health hazard, a safety hazard or a fire hazard and are effectively screened from ordinary public view by means of a solid fence, trees, shrubbery or other appropriate means. Such storage areas shall be kept free of weeds, trash, and other objectionable items.

Section 14. Penalties.

a. Any person convicted of violating any provision of this Ordinance shall, upon conviction, be punished by a fine of not more than four hundred ninety﷓nine dollars ($499.00) for each separate offense, and may be enjoined from any further or continued violation. The Town also may seek an injunction, abatement, restitution or any other remedy to prevent, enjoin, abate or remove the violation. Each day a violation of this Ordinance continues shall constitute a separate offense.

b. Any remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

Section 2. The Town Board of Trustees hereby finds, determines, and declares that this ordinance is promulgated under the general police powers of the Town of Foxfield, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Board of Trustees further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained.

Section 3. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 4. This ordinance shall become effective thirty (30) days after final publication.