Section 9-11-1. Title. This ordinance shall be known and cited as the Northglenn Nuisance Ordinance.

[Source: Ord. 1093, 1994]

Section 9-11-2. Policy. It shall be the policy of the City of Northglenn that every public nuisance shall be unlawful, and shall be restrained, prevented, abated and enjoined.

[Source: Ord. 1093, 1994]

Section 9-11-3. Public Nuisance Defined. The following shall be deemed to be a public nuisance:

The conducting or maintaining of any business, occupation, operation or activity prohibited by statute or by ordinance.

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

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.

Any unlawful pollution or contamination of any surface or subsurface waters in this City, or of the air, or of any water, substance or material intended for human consumption.

Any activity, operation or condition which, after being ordered abated, corrected or discontinued by a lawful order of an agency or officer of the City of Northglenn, the North Metro Fire Rescue Authority, the Tri-County District Health Department, the County of Adams, or the County of Weld continues to be conducted or continues to exist in violation of statute or ordinance or in violation of any regulation of the City of Northglenn, the West Adams County Fire Protection District, the Tri-County District Health Department, the County of Adams, or the State of Colorado.

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

Any nuisance defined or declared as such by statute or ordinance.

[Source: Ord. 1093, 1994]

Section 9-11-4. Authorized Inspector. The City Manager shall have the power and authority to appoint and authorize any police officer, building inspector, code enforcement officer or other officer of the City to inspect and examine any public or private property in the City for the purpose of ascertaining the nature and existence of any nuisance. For the purposes of this section, the fire prevention officer designated by the Chief of the North Metro Fire District or any successor agency pursuant to Section 2.104 of the Uniform Fire Code, adopted by the City of Northglenn, shall be an officer of the City of Northglenn.

[Source: Ord. 1093, 1994; 1336, 2003]

Section 9-11-5. Authorized Inspector Entry Upon Property.

Right of entry--generally. Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, 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 the inspector; provided, 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, the inspector 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, such person shall give the owner or occupant, or if the owner or occupant cannot be located after a reasonable effort, the inspector shall leave at the building or premises, a twenty-four hours' written notice of intention to inspect. The notice given to the owner or occupant or left on the premises as aforesaid 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 City, or judge of any other court having jurisdiction.

After the expiration of the twenty-four hour period from the giving or leaving of such notice, the authorized inspector may appear before any Municipal Judge of the Municipal Court of the City and upon a showing of probable cause shall obtain a search warrant entitling such authorized inspector to enter the building or 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 person may enter into the building or the premises using such reasonable force as may be necessary to gain entry therein.

For purposes of this subsection, a determination of "Probable Cause" will be based upon reasonableness, and if a valid public interest justifies the intrusion contemplated, then there is probably cause to issue a search warrant. The person applying for such warrant shall not be required to demonstrate personal knowledge of the condition of the particular structure or premises in issue in order to obtain a search warrant. It is unlawful for any owner or occupant of the building or premises to resist reasonable force used by an authorized inspector, acting pursuant to this subsection.

Right of entry--emergencies. Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this Chapter, 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 any premises within the jurisdiction of the City. In the emergency situation such person or such person's authorized representative may use such reasonable force as may be necessary to gain entry into the building or the premises.

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

Search warrants -- Jurisdiction of the Municipal Court. Any Municipal Judge of the Municipal Court of the City shall have power to issue search warrants upon a showing of probable cause for the implementations as provided for in Subsection (a) of this section.

[Source: Ord. 1093, 1994; 1824, 2022]

Section 9-11-6. Persons Liable for Nuisance. Any person who shall hereafter made or cause any nuisance to exist shall be deemed the author thereof. Provided, that any person who shall have possession or control of any private ground or premises, whether such person is owner thereof or not, in or upon which any such nuisance shall exist or may be found, whether such nuisance has been heretofore or shall be hereafter created, shall be deemed guilty of a separate offense, as the author of a nuisance, for every period of one (1) day continuation of such nuisance.

[Source: Ord. 1093, 1994; 1824, 2022]

Section 9-11-7. Notice of Abatement.

Initial Notice of Abatement. The authorized inspector as provided by Section 9-11-4, upon the determination of the existence of a nuisance on public or private property in the City of Northglenn, shall notify the owner or occupant of such property of the existence of the nuisance.

The inspector shall attempt to make first contact at the property. If the authorized inspector is able to make contact in person with owner or occupant, the inspector shall provide notice of violation with the information pursuant to Section 9-11-8.

If the owner or occupant cannot be contacted, the inspector shall post a notice of violation on the property with information pursuant to Section 9-11-8.

In no event shall the notice described in this section be required prior to the issuance of a summons and complaint as provided in this chapter.

Time for Abatement.

The time for abatement of nuisance posing an imminent danger of loss of life, limb, property or health shall not exceed one (1) day. This section shall control over any other timeframe for abatement if imminent danger is deemed to exist.

As to other nuisances the reasonable time for abatement shall not exceed seven (7) days unless it appears from the facts and circumstances that compliance could not reasonable be made within seven (7) days or that a good faith attempt at compliance is being made. Provided further that if the owner or occupant shall fail to comply with the requirements for a period longer than that named in the notice, then the City Manager shall proceed to have the nuisance described in the notice removed or abated from the property described in the notice without delay; and the City Manager shall have the authority to call for any necessary assistance. In no event shall the notice described by this section be required prior to issuance of a summons and complaint for violation of this article.

Protest. Upon receipt of any notice under this section, the owner or occupant may file a protest with the City Clerk of the determination of the existence of a nuisance. Any protest shall be made in writing within the period provided for in the notice. The period of abatement as stated in the notice shall be extended until the final disposition of the protest by the City Manager plus ten (10) days. The City Manager or a hearing officer appointed by the City Manager shall forthwith schedule a hearing on the protest. Such hearing shall be conducted in accordance with Section 3-7-1 et seq. of this Municipal Code relating to quasi-judicial proceedings. Any protesting party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided.

Chronic Violators. When an inspector issues three (3) written notices to a property within any twelve (12) month period or the owner or occupant is currently subject to a deferred judgment agreement or probation agreement on a previous nuisance, the owner or occupant is deemed a chronic violator. Under such circumstances, the inspector may issue a summons and complaint, without any further notice under Section 9-11-7.

[Source: Ord. 1093, 1994; 1735, 2017; 1765, 2019; 1824, 2022]

Section 9-11-8. Contents of Notice. Any notice issued pursuant to the provisions of this ordinance to the owner, agent or occupant of property in which a nuisance is discovered, shall describe the condition that is a nuisance; the time in which the condition is to be removed and abated from the property; and contain a statement that the owner, agent or occupant of the property, within the period of notice, may protest the findings of the authorized inspector with respect to any matters stated in the notice, by filing a written notice of protest in the Office of the City Clerk, pursuant to section 9-11-13 hereof.

[Source: Ord. 1093, 1994]

Section 9-11-9. Abatement Procedures. After issuance of a notice as provided in Section 9-11-7 of this article:

Follow up Procedures to Notice.

The inspector shall conduct a follow up inspection of the property within the timeframe set in the notice for correction of the violation. If the nuisance has been corrected, no further action shall be taken by the inspector. If the nuisance has not been corrected, the inspector shall determine the appropriate enforcement action.

If the nuisance constitutes an imminent danger to life, safety or welfare, the City may summarily abate the nuisance without further notice.

For nuisances not subject to subsection (2) above, the inspector may take the following enforcement actions:

Issue an administrative citation requiring payment of a designated fine, as prescribed by the fine schedule adopted by City Council. If contact is not made with the property owner, the inspector shall send a copy of the citation via certified mail to the property owner. Abatement of the nuisance shall not waive the fine in the citation. If the nuisance is not abated by the payment date of the fine, the inspector may issue another citation with a graduated fine or issue a summons and complaint as described in this section. If, after the third citation, the owner or occupant has not contacted the inspector or corrected the nuisance and paid the administrative fines imposed, the inspector may issue a summons or abate the nuisance as appropriate.

Issue a summons and complaint for the violation, which may be served in person or through certified mail.

Issue a written notice to show cause to the owner or occupant pursuant to section (4) below.

Abate the nuisance as described in Section 9-11-11.

Notwithstanding the commencement of any criminal prosecution alleging a violation of the Code or the lack of such criminal prosecution, the notice to show cause shall indicate that a hearing shall be held on a specified date to show cause why the nuisance shall not be removed or eliminated by the City in accordance with this Chapter. If the owner or occupant has been issued three (3) written notices to a property for the same nuisance within any twelve (12) month period or the owner or occupant is currently subject to a deferred judgment agreement or probation agreement on the same nuisance, the inspector may issue a notice to show cause immediately. If it reasonably appears to the inspector that the property is abandoned or unoccupied or if the property is subject to a foreclosure proceeding, the inspector may immediately issue a notice to show cause.

The notice to show cause, referred to in subsection (4), shall describe the condition that is a nuisance, shall state that the owner or occupant of the property may be subject to assessment for all costs associate with abatement of the nuisance by the City and shall be personally served upon the owner and occupant of the property. If diligent efforts to serve the notice personally are unsuccessful, it shall be deemed sufficient notice; if the notice to show cause is mailed by certified mail to the owner of the real property, as shown by the Adams County Assessor's Office, and to the occupant at the real property address. For property owners who do not reside in Colorado, notice will also be sent by certified mail. If notice is mailed, a copy of the notice to show cause shall also be posted in a conspicuous place on the premises where the nuisance is found. No further notice shall be necessary.

At the hearing referred to above, the City Manager, or a designee, shall hear such statements and consider such evidence as the inspector, the owner or occupant, or any other witness shall offer relative to the existence of and removal or elimination of the nuisance. The burden of proof is upon the City to establish that the nuisance exists on the property by a preponderance of the evidence. If the City is seeking a continuing order, as authorized by subsection (C) herein, evidence shall be presented establishing the public necessity for such order which evidence may include, but not be limited to, that the property subject to the order is vacant property, foreclosed property, abandoned property or property where the owner has demonstrated a pattern of repeatedly failing to comply with administrative orders. The hearing shall be an administrative hearing where the strict rules of evidence shall not be adhered to and hearsay shall be admitted. However, any decision with regard to the nuisance on the property shall not be based solely on hearsay evidence.

The City Manager or a designee shall issue an order based on the findings of fact made pursuant to the hearing either relieving the owner or occupant of any responsibility by finding that no nuisance exists on the real property, or commanding the owner or occupant to abate the nuisance within a reasonable time and thereby rehabilitating the property. Any continuing order issued shall remain in effect for one year from the date of such order requiring the owner of the property to maintain the property in compliance with the specific requirements identified in the continuing order.

The order of the City Manager, or a designee, made pursuant to subsection (C) above, shall be a final decision and may be appealed to the District Court pursuant to Colorado Rule of Civil Procedure 106(a)(4). Failure of an owner or occupant to appeal said order constitutes a knowing waiver of any right to contest the City's order and consequential authority to abate the nuisance from the owner's property, and charge the resulting costs to the property owner.

If any order issued by the City Manager, or a designee, pursuant to subsection (C) above has not been complied with, within the designated time frame contained in the order, the City, at the direction of the City Manager, or a designee, may cause the abatement of the nuisance as specifically identified in the order and any continuing order issued may authorize the City to eliminate such conditions so long as the order is in effect and so long as the property is owned by the same owner identified in the order.

Any such owner or occupant who fails to comply with an order issued by the City Manager, or a designee, pursuant to subsection (C) above, shall be charged with all administrative costs and expenses incurred in the abatement of the nuisance. Such administrative costs shall include the cost of said abatement, inspection fees, postal charges, legal expenses, and other expenses as related to the enforcement of the order.

Once the costs for abatement are determined pursuant to subsection (F) above, the City shall send out a notice of payment due ("Notice") for such costs to the owner or occupant, if different than the owner, of the property upon which the abatement occurred advising of those costs and that payment needs to be made within 30 days from the date of the notice. Failure to pay in accordance with the notice may result in the collection of such costs as allowed by this Chapter and shall constitute a lien against the property.

Upon the filing of a protest as provided in the notice, the period of notice shall be extended until final disposition of the protest plus ten (10) days.

[Source: Ord. 1093, 1994; 1735, 2017]

Section 9-11-10. Abatement Without Notice.

Any 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 in the City of Northglenn may be abated by the City Manager or his designated representative without notice.

When a public nuisance created by the placement of evicted property in any public right-of-way within the City has occurred, the following procedures shall apply:

The City shall abate the nuisance by immediately removing any and all evicted property from any public right-of-way within the City and transport such property to any site designated as a repository for solid waste and/or rubbish.

No later than the close of the next business day following the removal of the evicted property, the City shall provide notice, by certified mail, postage prepaid, to the last known address of the owner of the evicted property as indicated in the county records. Such notice shall state that the evicted property constituted a nuisance and that such property has been removed, and the notice shall identify by street address and telephone number the repository where the evicted property was disposed.

The owner of the premises from which the evicted property was removed shall be responsible for reimbursing the City for the cost of disposal of the evicted property. If the owner fails within thirty (30) days after billing to pay such costs to the owner or to the person listed in the registration pursuant to Section 20-1 of this Code, such costs may be collected as a lien against the property.

The City is authorized to abate any nuisance caused by the placement of evicted property onto any public right-of-way within the City and to dispose of such evicted property as provided herein. The procedures contained herein shall not constitute a bailment, and the City shall not be considered the bailee of any evicted property. No person shall maintain any claim or suit against the City, its officers, officials, employees or agents responsible for disposing of any property or possession under this Section.

[Source: Ord. 1093, 1994; 1735, 2017]

Section 9-11-11. Abatement by Court Order. The City of Northglenn may bring and maintain an action in any court of record, including the Northglenn Municipal Court, for the prevention, restraining, abatement or enjoining of any public nuisance; or in the alternative the City of Northglenn may abate any private or public nuisance after notice as provided by Section 9-11-9; or bring and maintain any other proceeding provided by ordinance. When judgment is rendered against any person for creating, keeping or maintaining any nuisance it shall be the duty of the Court before whom such judgment is had, to order the defendant in such suit, to forthwith abate the nuisance. The Court may also specifically authorize the City to take actions necessary to abate the nuisance, and recover the expense of such abatement in accordance with Section 9-11-12 of the Northglenn Municipal Code. The order shall be entered upon the docket of the Court, and be made a part of the judgment and the cause.

[Source: Ord. 1093, 1994; 1668, 2014]

Section 9-11-12. Recovery of Expense of Abatement. Upon the expiration of the period of notice provided in Section 9-11-7 or at any time thereafter, if the nuisance has not been abated on the property described in such notice, the City of Northglenn may enter upon such property and abate the nuisance pursuant to the provisions of this ordinance, and actual costs thereof, including five (5) percent for inspection, a minimum fee assessment of twenty-five ($25.00) dollars and other incidental costs in connection therewith, shall be assessed upon the lot or lots or tracts of land in the City of Northglenn upon which such nuisance is abated. Such assessment shall be made pursuant to the procedures provided by law in the ordinances of the City of Northglenn for special assessments. Every such assessment shall be a lien in the several amounts assessed against such lot or tract of land until paid, and shall have priority over all other liens, except general taxes and prior special assessments. In case any assessment is not paid within thirty (30) days after the same have been certified to the City Clerk by the City Council, the City Clerk shall then be and is hereby authorized to certify to the County Treasurer of the County in which the property is located, the list of all delinquent assessments, giving the name of the owner as appears of record, the number of lot, block and subdivision, or other legal descriptions sufficient to identify such property upon the records of the said County Treasurer, and the amount of the assessment. Said certification shall be the same in substance and in the same form as required for the certification of special assessment, and the County Treasurer, upon the receipt of such certified list is hereby authorized to place the same upon the tax list for the current year and to collect the special assessment in the same manner as other taxes are collected with a ten percent (10%) penalty thereon; and all the laws of the State for the assessment and collection of general taxes, including the laws for the sale of property for taxes and the redemption thereof, shall apply to and have full force and effect for the collection of such assessments.

[Source: Ord. 1093, 1994]

Section 9-11-13. Recurring and Significant Nuisances.

A recurring and significant nuisance shall be deemed to exist under the following circumstances:

A property on which activity constituting a nuisance under this Code is observed on three (3) or more occasions during any sixty (60) day period; or

The nature of nuisance activity on the property results in a substantial threat to the health, safety and welfare of the occupants of the property and/or neighboring properties.

Notice of significant nuisance shall be provided in accordance with Section 9-11-7. The time for abatement shall be no longer than three (3) days but may be no more than one (1) day pursuant to Section 9-11-7(b)(1). The owner or occupant receiving notice under this Section shall not be entitled to protest the notice as provided in Section 9-11-7.

When the City institutes an enforcement action pursuant to this Article, such action shall be subject to an expedited process as follows:

If the City issues a summons and complaint pursuant to Section 9-11-9(a)(3)(B), the first appearance for the defendant must be held within fourteen (14) days of the date of service of the summons and complaint. Disposition of the complaint, including trial, shall occur within twenty-eight (28) days of the date of service of the summons and complaint.

If the City abates the nuisance pursuant to Section 9-11-11, any hearing on the petition to abate the nuisance shall occur within twenty-one (21) days of the filing of the petition with the Municipal Court, so long as the notice of the hearing was served on the defendant at least fourteen (14) days prior to the hearing.

[Source: Ord. 1789, 2020]

Section 9-11-14. Littering of Public and Private Property.

It is unlawful and deemed a nuisance for a person to deposit, throw, or place any litter on any private property or in any water, or for the owner or occupant of any property to allow litter to remain on property owned or occupied by them unless:

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; or

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

No junk or litter shall be stored, kept, discarded, placed or allowed to remain outside of totally enclosed structures except in covered trash containers placed out for pickup no earlier than 5:00 p.m. the day before the next scheduled pickup by city or commercial trash removal services. This Section 9-11-14(b) shall not be interpreted to prevent the storing of construction, building or landscape materials on any site during such time construction or site improvement projects are underway on that site, or in any zone district where outdoor storage is allowed as a use by right. Nor shall this Section be interpreted to prevent the storage of firewood behind the front building line, for use on the site in any zone district so long as it is cut and neatly stacked.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1336, 2003; 1734, 2017; 1801, 2020]

Section 9-11-15. Littering of Public Streets, Highways, Alleys, Buildings, Streams, and Water.

It is unlawful and deemed a nuisance to deposit, throw or place any litter, except for salt, sand or gravel used to address icy conditions, in or upon any street, alley, sidewalk, public buildings or public grounds, in the City of Northglenn, except in public receptacles and authorized private receptacles.

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

It is unlawful and deemed a nuisance to operate any truck, trailer or vehicle in the City of Northglenn in such manner that the load or contents of such vehicle, or any litter, is blown or deposited in or upon any street, alley, sidewalk or public grounds.

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 street, alley, sidewalk or public grounds in the City of Northglenn.

It is unlawful to throw or deposit, or cause or permit to be thrown or deposited, any litter, offal composed of animal or vegetable substance or both, any dead animal, excrement, garbage, or other offensive matter or any other substance that would tend to have a polluting effect, into the water of any stream, ditch, pond, well, cistern, or other body of water, whether artificially or naturally created, or so near any such place as to be likely to pollute the water.

it is unlawful and deemed a nuisance for any person to operate any truck or vehicle in the City of Northglenn, the wheels or tires of which, when emerging from private property, carry onto or deposit in any street or other public place any mud, dirt, sticky substance or litter.

It is unlawful and deemed a nuisance for any owner or occupant to keep or store or permit to be kept or stored any building materials, construction materials, paper, trash, waste material or litter upon any property in the City of Northglenn in such manner that the same is caused or permitted to be blown or deposited upon any other public or private property.

Any violation of this Section shall be subject to immediate correction by the violator. If immediate compliance is not obtained or the violator is considered a chronic violator pursuant to Section 9-11-7 of this Code, the City may abate as provided for in Article 9-11 of this Code.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1734, 2017; 1801, 2020]

Section 9-11-15.5. Removal of Snow and Ice from Sidewalks.

Every person in charge or control of any building, or lot of land within the City fronting or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee, or otherwise, shall remove and clear away, or cause to be removed and cleared away, snow and ice from so much of said sidewalk as is in front of or abuts on said building or lot of land, within forty-eight (48) hours after the cessation of any fall of snow, sleet or freezing rain.

In the event snow and ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person or entity charged with its removal shall, within forty-eight (48) hours after the cessation of any fall of snow, sleet or freezing rain, cause enough sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe, and shall then, as soon thereafter as weather permits, cause said sidewalk to be thoroughly cleaned.

As used in this Section 9-11-15.5, the term "sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians.

[Source: Ord. 1734, 2017]

Section 9-11-16. 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 junk automobiles, trucks, tractors, trailers, boats and housetrailers, or machinery of any kind, or for any of the parts thereof, or for the storing or leaving of any machinery or equipment used by con-tractors or builders or by other persons, or for the storage of junk as defined in Section 11-5-2(b)(76) and prohibited by Section 11-6-11(a) of this Municipal Code, which places are kept in such manner as to essentially interfere with the comfortable enjoyment of life or property by others, are hereby declared to be a nuisance.

Nothing in Section 9-11-16(a) shall be deemed or construed to prevent the City of Northglenn from acquiring, operating and maintaining a City car pound or other facility for the storage of motor vehicles, vehicles, boats, machinery or equipment pursuant to any ordinance or resolution of the City of Northglenn.

[Source: Ord. 1093, 1994]

Section 9-11-16.5. Obstructing Streets and Sidewalks. It is unlawful for any person to willfully, maliciously or recklessly place in any doorway or driveway not owned by such person or under such person's lawful control or on any sidewalk, public highway, street or alley in the City any object which causes or tends to cause the obstruction thereof or of any part thereof.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1734, 2017; 1824, 2022]

Section 9-11-17. Discharge of Noxious Liquids.

It is unlawful and deemed a nuisance to discharge out of or from, or permit to flow from any structure, vehicle, container or place, foul, polluting or noxious liquid or substance of any kind whatsoever, into or upon any ground or lot, or into any street, alley or public place in the City.

For discharges that may potentially result in irreparable environmental impacts and/or injury, immediate abatement pursuant to Section 9-11-7 is permitted.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1735, 2017; 1765, 2019; 1801, 2020]

Section 9-11-18. Stale Matter.

It is unlawful and deemed a nuisance to keep, collect, or use or cause to be kept, collected, or used in this City, or permit to be kept or used, any stale, putrid, or stinking fat, grease, or other substances, other than in a sealed container.

For a violation of this Section that may constitute an immediate threat to public health, immediate abatement pursuant to Section 9-11-7 is permitted.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1734, 2017; 1765, 2019; 1801, 2020]

Section 9-11-19. Sewer Inlet. It is unlawful and deemed a nuisance to deposit in or throw, 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 become noxious or offensive to others or injurious to public health.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1801, 2020]

Section 9-11-20. Slaughter House. No slaughterhouse or other place for slaughtering animals shall be kept within this City; the maintenance of such house shall be deemed a nuisance.

[Source: Ord. 1093, 1994]

Section 9-11-21. Reserved. (Ord. 1734, 2017).

Section 9-11-21.5. Vision Triangle. Vision triangles shall be maintained pursuant to Chapter 11 of the Northglenn Municipal Code.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1734, 2017; 1765, 2019; 1801, 2020]

Section 9-11-22. Stagnant Ponds. Any cellar, vault, drain, sewer, pond of water, swimming pool or other place in this City, 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, shall be deemed a nuisance.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1801, 2020]

Section 9-11-23. Open Wells, Cisterns or Excavations. It is hereby declared that excavations, other than excavations made during raw construction, exceeding five (5) feet in depth, cisterns and wells or an excavation used for storage of water are public nuisances unless the same are adequately covered with a locked lid, or other covering weighing at least sixty 960) pounds or are securely fenced with a solid fence to a height of at least five 95) feet and it shall be unlawful for any person to permit such nuisance to remain on premises owned or occupied by such person.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1801, 2020; 1824, 2022]

Section 9-11-24. Handbills, Posters and Placards.

Any handbill, poster, placard, or painted or printed matter which shall be glued, stapled, nailed or otherwise fastened to or upon any public property, including but not limited to a public building, fence, power pole, telephone pole, other structure, or lawful sign without the permission of the owner, of such property, shall be deemed a nuisance.

Any handbill, poster, placard, or painted or printed matter which shall be placed in or upon, or affixed or attached to, any private passenger automobile without the permission of the owner of such automobile, shall be deemed a nuisance, provided, however, that this Subsection (b) shall not apply to the service of any municipal citation or Summons and Complaint or parking violation notice.

The inspector may immediately remove any unauthorized materials from public facilities. If the inspector can identify the owner of the unauthorized material, the inspector may issue a notice of violation warning that a repeat offense may result in a summons. Unauthorized materials on vehicles shall be referred to the Police Department.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1408, 2005; 1734, 2017; 1801, 2020; 1824, 2022]

Section 9-11-25. Reserved. (Ord. 1734, 2017).

Section 9-11-25.5. Junk Storage. The placement and use of dumpsters, roll-offs, portable storage containers, as those terms are defined in the Northglenn Zoning Ordinance, or similar containers or structures that are designed for the disposal of trash or the storage of household items and have a capacity of one (1) cubic yard or more shall be prohibited for any length of time exceeding sixty (60) days unless the placement and use of such containers or structures is incident to an active building permit properly issued by the City for property.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1734, 2017; 1801, 2020]

Section 9-11-26. Liquid Fuel Products.

The City Council hereby finds and declares that the leakage of 25 gallons or more of liquid fuel products into the environment of the City of Northglenn from any tank, line, or delivery vehicle, constitutes a danger to the health, safety and welfare of the general public and the citizens of Northglenn and is therefore a public nuisance.

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 City of Northglenn shall cause to be posted in a conspicuous place at said installation a true copy of the Colorado oil Inspection Regulations concerning instruction Requirements for Leak Detection.

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

The records shall be made available for inspection by an authorized agent of the City of Northglenn within five (5) regular business days or 120 hours after the receipt of a request to produce the records.

The records shall include, as a minimum, data showing by product, daily reconciliation between sales, use, receipts, and inventory on hand. If there is more than one system consisting of a tank(s) serving separate pump(s) or dispenser(s) for any product, the reconciliation shall be maintained separately for each tank system.

Actual measurements of products shall be made each business day by gauge, gauge stick, or by readout from an automated gauging system. The records shall include a computation of product gain or loss on each business day. The mere recording of pump meter readings and product delivery receipts shall not constitute adequate inventory records.

For the purpose of the enforcement of this section, the fire prevention officer designated by the Chief of the West Adams County Fire Protection District pursuant to Section 2.104 of the uniform Fire Code, as adopted by the City of Northglenn, shall be an officer of the City of Northglenn and may initiate enforcement proceedings.

[Source: Ord. 1093, 1994]

Section 9-11-27. Reserved. (Ord. 1734, 2017).

Section 9-11-27.5. Residing in Vehicles. At no time shall any parked or stored vehicle, boat, or truck camper be occupied or used for living or housekeeping purposes or for the housing or keeping of animals, except as provided for in this Chapter, or as may be allowed by a temporary use permit granted in accordance with Section 11-29 of this Code. The use of a motor home, truck camper, travel trailer, camping trailer, semi-trailer or specialized trailer for temporary sleeping quarters only, for a period not in excess of fourteen (14) days, shall not be deemed occupancy for living or housekeeping purposes. This exception shall only apply on private property with the permission of the property owner or on-street in residential zones when visiting an adjacent residence.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1734, 2017; 1801, 2020]

Section 9-11-28. Dead or Diseased Trees and Shrubs.

Tree, tree limbs, 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 hazard to people or property, are hereby declared a nuisance.

Reserved. (Ord. 1734, 2017)

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 City of Northglenn; unless authorized or directed by an authorized inspector.

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 City of Northglenn, except for any person who notifies the authorized inspector 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.

It is unlawful and deemed a nuisance to sell or import into the City of Northglenn or plant or cause to be planted or to allow to propagate any female cottonwood trees (Populus species), Boxelder (Acer Negundo) Siberian Elm Ulmus Pumila) or Russian Olive within the City and the planting and setting out of these certain plants is declared to be a menace to public health, safety and welfare and a public nuisance.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1306, 2002; 1336, 2003; 1734, 2017; 1801, 2020]

Section 9-11-28.5. Parking of Vehicles.

No vehicle, motor vehicle, recreation vehicle, boat, or detached camper shall be parked or stored on premises in any residential zone:

Obstructing the sidewalk or public right-of-way;

Unless located on a full pad hard surface as defined in Chapter 11 of the Northglenn Municipal Code, extending the entire length and width of the vehicle; except for occasional parking such as while washing vehicles or performing home maintenance or improvements such as landscaping, painting, cleaning or construction. No vehicle shall cause visible rutting in the moving to and from an approved hard surface;

In a manner as to create a fire or safety hazard.

Storage of a detached camper must be on an approved hard surface, and must be lowered to the lowest limit of its jacks or loading apparatus; provided also that any detached camper not equipped with jacks or loading apparatus shall be parked or stored on blocks or supports not more than six (6) inches in height.

Every boat, detached camper, and vehicle except a motor vehicle so stored or parked shall, except when securely attached to a motor vehicle, be securely blocked or restrained from moving, toppling or falling.

In the rear or side yards unless access from the adjacent public street is by way of a hard-surface driveway, as defined in Chapter 11 of the Northglenn Municipal Code; excepting for vehicles moved only occasionally whose movement from the adjacent public street does not cause visible rutting of or damage to the yard area.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1734, 2017; 1765, 2019; 1801, 2020]

Section 9-11-29. Reserved. (Ord. 1734, 2017).

Section 9-11-29.5. Graffiti.

Graffiti, meaning the defacement 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, is hereby declared a nuisance.

Upon written notification, graffiti shall be removed within twenty-four (24) hours following receipt of such notice.

For purposes of this Section 9-11-29.5, removal of graffiti shall be the actual removal of said graffiti or the painting over of such graffiti with a color matching the existing surface.

The City may upon request of the property owner remove any graffiti on private property at no cost to the property owner in exchange for the property owner granting access and a waiver of liability to the City as part of the City Graffiti Removal Program. Such a request by a property owner to the City shall include, at the property owner's request, ongoing abatement services by the City for graffiti in the event of a recurrence of such graffiti.

[Source: Ord. 1197, 1998; 1336, 2003; 1615, 2012; 1734, 2017]

Section 9-11-30. Unlawful Acts. It is unlawful for any person:

To create, operate, maintain or conduct any nuisance as so defined in Article 11 of Chapter 9 of the Ordinances of the City of Northglenn.

To interfere with or prevent, or attempt to interfere with or prevent, the abatement of any nuisance by an officer of the City of Northglenn pursuant to the provisions of this ordinance.

[Source: Ord. 1093, 1994]

Section 9-11-31. Cumulative Remedies. All remedies set forth herein are cumulative, and the exercise of one shall not be deemed to prevent the exercise of another, nor to bar, nor abate, any prosecution or petition for injunction hereunder.

[Source: Ord. 1093, 1994]

Section 9-11-31.5. Penalty. In addition to the public nuisances, defined in this article, it is hereby declared to be a public nuisance and a crime punishable under the general penalty provision of Section 1-1-10 of this Code for any owner or occupant of property:

To intentionally, knowingly, recklessly, or through criminal negligence permit or encourage any public nuisance under this Code; or

To intentionally, knowingly, recklessly or through criminal negligence participate in, abet, or otherwise allow or facilitate any public nuisance to occur on or within any property or structure under the owner's or occupant's control or ownership.

[Source: Ord. 1735, 2017]

Section 9-11-32. Severability Clause. If any provision of this Ordinance or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable.

[Source: Ord. 1093, 1994]