The following document is reprinted here
with the permission of the Denver District Attorney's office. Hypertext links
have been added to help readers navigate through the document. No changes have
been made to the content of the material.
District Attorney Bill Ritter
and the Denver District Attorney's
Community Prosecution Division
in collaboration with the
Southwest Improvement Council (SWIC)
present
SOUTHWEST DENVER
COMMUNITY SAFETY FORUM
February 7, 1998
SWIC Community Room
NUISANCE ABATEMENT:
WHAT IS THE LAW
AND HOW CAN IT WORK FOR YOU
NOTE: Words which are in bold and italic are defined at the end
of this document.
- Questions and Answers about Denver's New Public Nuisance Abatement
Ordinance
- How the City of Denver's Nuisance Abatement Ordinance Works: A Legal
Outline
- Property Seizure, Confiscation, and Nuisance Abatement under the State
Statute
QUESTIONS AND ANSWERS ABOUT
DENVER'S NEW PUBLIC NUISANCE ABATEMENT ORDINANCE
and the Denver District Attorney's
Community Prosecution Division
in collaboration with the
Southwest Improvement Council (SWIC)
present
SOUTHWEST DENVER
COMMUNITY SAFETY FORUM
February 7, 1998
SWIC Community Room
NUISANCE ABATEMENT:
WHAT IS THE LAW
AND HOW CAN IT WORK FOR YOU
NOTE: Words which are in bold and italic are defined at the end of this
document.
- Questions and Answers about Denver's New Public Nuisance Abatement
Ordinance
- How the City of Denver's Nuisance Abatement Ordinance Works: A Legal
Outline
- Property Seizure, Confiscation, and Nuisance Abatement under the State
Statute
QUESTIONS AND ANSWERS ABOUT
DENVER'S NEW PUBLIC NUISANCE ABATEMENT ORDINANCE
and the Denver District Attorney's
Community Prosecution Division
in collaboration with the
Southwest Improvement Council (SWIC)
present
SOUTHWEST DENVER
COMMUNITY SAFETY FORUM
February 7, 1998
SWIC Community Room
NUISANCE ABATEMENT:
WHAT IS THE LAW
AND HOW CAN IT WORK FOR YOU
NOTE: Words which are in bold and italic are defined at the end of this
document.
- Questions and Answers about Denver's New Public Nuisance Abatement
Ordinance
- How the City of Denver's Nuisance Abatement Ordinance Works: A Legal
Outline
- Property Seizure, Confiscation, and Nuisance Abatement under the State
Statute
QUESTIONS AND ANSWERS ABOUT
DENVER'S NEW PUBLIC NUISANCE ABATEMENT ORDINANCE
Q: What is a "Public Nuisance"?
A: Q: What is a "Public Nuisance"?
A:
and the Denver District Attorney's
Community Prosecution Division
in collaboration with the
Southwest Improvement Council (SWIC)
present
SOUTHWEST DENVER
COMMUNITY SAFETY FORUM
February 7, 1998
SWIC Community Room
NUISANCE ABATEMENT:
WHAT IS THE LAW
AND HOW CAN IT WORK FOR YOU
NOTE: Words which are in bold and italic are defined at the end of this
document.
- Questions and Answers about Denver's New Public Nuisance Abatement
Ordinance
- How the City of Denver's Nuisance Abatement Ordinance Works: A Legal
Outline
- Property Seizure, Confiscation, and Nuisance Abatement under the State
Statute
QUESTIONS AND ANSWERS ABOUT
DENVER'S NEW PUBLIC NUISANCE ABATEMENT ORDINANCE
Q: What is a "Public Nuisance"?
A: Q: What is a "Public Nuisance"?
A: Q: What is "Disturbing the Peace"?
A: Disturbing the peace is specifically defined by ordinance as "violent,
tumultuous, offensive, or obstreperous conduct ... or ... loud or unusual
noises ... or ... unseemly, profane, obscene, or offensive language calculated
to provoke a breach of the peace." Breaches of the peace do not constitute a
public nuisance unless (1) a citizen signs a complaint; (2) they occur on the
property; (3) they are documented by the filing of a summons and complaint
with the police; and (4) there are at least two within 180 days at the same
property.
Q: What Can The Neighborhood Do To Eliminate Public Nuisances?
A: There are several important things that neighbors can do to help eliminate
public nuisances.. First, you should call the police and report criminal
activity. You should insist on signing a complaint. Second, you should keep a
log of public nuisance activity at he property including the date, time, and
what you saw or heard. This log is not admissible in court by itself, but
serves as a chronological record of your observations and improves the quality
of your testimony. Third, you should report public nuisance properties to your
Neighborhood Police Officer or Community Relations Officer at the Denver
Police Department. Finally, you should testify in court proceedings about the
public nuisance activity that you observed. This last step is critical: the
legal system cannot do anything about public nuisance properties unless the
public is willing to step forward and testify.
Q: What is The "Public Nuisance Abatement Unit"?
A: The Public Nuisance Abatement Unit is a part of the Denver Police
Department. The Unit consists of a police lieutenant (Public Nuisance
Abatement Coordinator), five police officers and a clerk. The Unit is
supported by an Assistant City Attorney-Senior in the City Attorney's Office.
The mission of the Public Nuisance Abatement Unit is to identify, investigate,
abate, deter, and prevent the recurrence of public nuisances within the City
of Denver.
Q: What Can The Public Nuisance Abatement Unit and City Attorney's Office Do
About Public Nuisances?
A: The Public Nuisance Abatement Unit can investigate public nuisance
properties and collect the evidence needed to proceed against the public
nuisance property in court. The City Attorney's Office can file for seizure or
property, seizure oaf cars, and other court orders to abate, deter, and
prevent recurrence of the public nuisance.
Q: How Does The Public Nuisance Abatement Process Work?
A: The following explains how the public nuisance abatement process works:
1. Public Nuisance Activity Occurs and is Reported to Police Department.
Neighbors and others call the police and sign complaints for disturbances
and other criminal offenses which constitute a public nuisance. Neighbors log
public nuisance activity at the property. Police Officers collect evidence of
a public nuisance offense.
2. Identification of Public Nuisance Properties.
The Public Nuisance Abatement Unit identifies properties as possible
public nuisances based upon existing police reports and other documentation.
3. Public Nuisance Abatement Unit For Investigation.
The Public Nuisance Abatement unit investigates, gathers information, and
prepares the case for filing. Officers usually attempt to obtain voluntary
abatement of the public nuisance activity without filing a lawsuit through use
of an "abatement plan". If compliance is not obtained through the abatement
plan, the case is referred to the City Attorney's Office.
4. Case is Referred to the City Attorney's Office for Review and Filing.
The City Attorney's Office Public Nuisance Abatement Attorney reviews the
case. The City Attorney may refer the case back to the Public Nuisance
Abatement Unit for further investigation, decline filing, or accept for filing
where sufficient evidence exists. The City Attorney may file either criminal
charges or a civil action for seizure and closure of the property.
5. Court Proceedings.
Case proceeds to Court. This may involve motions, trials and other
proceedings. The property or car may be seized and closed pending final
judgment. Final judgment is rendered. The property may be closed, buildings
may be destroyed, and other orders for abatement of the public nuisance may be
entered. An appeal may follow. The City Attorney's Office may negotiate a
solution with the owner.
Q: How Long Does the Public Nuisance Abatement Process Take?
A: The length of time varies depending upon the facts of each case. In
general, public nuisance cases take much longer to investigate and prosecute
than most criminal offenses. Two or three months for investigation is not
unusual. One to six months is not unusual for prosecution. Persistence and
patience in public nuisance cases usually pay off in permanent solutions.
Q: Can I Report Public Nuisances and Remain Anonymous?
A: If you wish to report public nuisances or criminal activity and remain
anonymous, you must request anonymity at the time of the report. The Police
Department and City Attorney's Office will not reveal your identity except as
required by the Public Records Act, the legal discovery process, or other laws
or legal process. If the case is filed, your name will be revealed in the
legal process.
Q: Who Should I Contact To Initiate a Public Nuisance Investigation?
A: If you observe criminal conduct, including disturbance of the peace,
contact the Denver Police Department District Station for the District in
which you reside and sign a complaint. To initiate an investigation of a
particular property as a public nuisance, contact your Neighborhood Police
Officer or Community Relations Officer.
How the City of Denver's Nuisance Abatement
Ordinance Works
What Is A Public Nuisance?
of a public nuisance abatement action, the court
can order the vehicle closed for 6 to 12 months. Alternatively, the court can
order the destruction of the vehicle.40
The vehicle is released to the defendant at the end of the closure period only
if:
* all towing, storage fees and civil judgments are paid and
* all owners and lienors sign an unconditional release of liability.
The vehicle is destroyed if the defendant fails to satisfy all of the release
conditions.41
Remedies For Class Two Public Nuisances
If the court establishes that a class two public nuisance occurred,
the court orders the defendant to abate the public nuisance and take specific
steps to prevent the public nuisance from occurring.
The court may order the destruction of personal
property.42
This outline was prepared by:
Kurt Stiegelmeier, Assistant City Attorney
Neal Richardson, Deputy District Attorney
Susan Motika, Esq., Community Prosecution Program, Denver District Attorney
Sharon Flaherty, Legal Intern, Denver District Attorney
Definitions
Abate: "means to bring to a halt, eliminate, or where that is not possible or
feasible, to suppress, reduce and minimize." (§ 37-71 (a)).
Abatement Plan: means a plan designed to eliminate or reduce a public nuisance
Closure: means the property is seized and all owners, occupants and animals
are removed from the property. The persons removed from the property are not
allowed to use or access the property for a limited period of time. The court
determines how long the closure lasts. (§ 37-71 (c)).
Contraband: "means any personal property or vehicle which is illegal to own."
(§ 37-71 (d)).
Drug Paraphernalia: "means all equipment, products and materials of any kind
which are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting, ingesting, inhaling,
or otherwise introducing into the human body a controlled substance in
violation of the laws of this state." (COLO. REV. STAT. § 18-18-426 (1)).
Pandering: means a person induces or forces another to become a prostitute. (
COLO. REV. STAT. § 18-7-203).
Personal Property: means all property a person owns, such as "cash, vehicles,
animals, intangible property and contraband . . . ." (§ 37-71 (h)).
Probable Cause: means a reasonable person could believe from the information
presented that an offense occurred.
Real Property: means land and any buildings or structures located on the land.
(§ 37-71 (j)).
Theft By Receiving: means a person knows or believes that a certain item is
stolen, and gives money or something of value in exchange for the stolen item,
with the intent to "deprive the lawful owner . . . of the use or benefit of
the [stolen item]." (COLO. REV. STAT. § 18-4-410 (1)).
Endnotes
This section contains the cites for the Denver Revised Municipal Code that
were referenced in this document.
1. § 37-70 (a).
2. § 37-70 (d).
3. § 37-70 (a).
4. § 37-70 (a).
5. § 37-71 (b).
6. § 37-71 (m).
7. § 37-71 (i).
8. § 37-72 (a), (b).
9. § 37-85.
10. § 37-72 (c), (d).
11. § 37-72 (j).
12. § 37-72 (p) (5).
13. § 37-80.
14. § 37-72 (p) (1).
15. § 37-72 (p) (1).
16. § 37-72 (i).
17. § 37-74 (a).
18. § 37-75 (b) (3).
19. § 37-72 (n).
20. § 37-72 (o).
21. § 37-75 (c).
22. § 37-81.
23. § 37-72 (p) (3) (A - E).
24. § 37-73.
25. § 37-73 (b) (1 - 3).
26. § 37-73 (c).
27. § 37-73 (d).
28. § 37-77 (c) (1).
29. § 37-77 (c) (2).
30. § 37-75 (b) (1).
31. § 37-75 (c).
32. § 37-75 (c).
33. § 37-77 (b) (2).
34. § 37-75 (c) (4).
35. § 37-76 (a) (1).
36. § 37-76 (a) (1).
37. § 37-78 (a).
38. § 37-78 (a) (1 - 2).
39. § 37-78 (a) (1).
40. § 37-78 (a) (3 - 4).
41. § 37-78 (a) (3).
42. § 37-79.
