§ 16-13-305 — Class 3 public nuisance

(1) The following are a class 3 public
nuisance:

(a) The conducting or maintaining of any business, occupation, operation, or
activity prohibited by a statute of this state; or

(b) The continuous or repeated conducting or maintaining of any business,
occupation, operation, activity, building, land, or premises in violation of a statute of
this state; or

(c) 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; or

(d) Any dilapidated building of whatever kind which is unused by the owner,
or uninhabited because of deterioration or decay, which condition constitutes a fire
hazard, or subjects adjoining property to danger of damage by storm, soil erosion,
or rodent infestation, or which becomes a place frequented by trespassers and
transients seeking a temporary hideout or shelter; or

(e) Any unlawful pollution or contamination of any surface or subsurface
waters in this state, or of the air, or any water, substance, or material intended for
human consumption, but no action shall be brought under this paragraph (e) if the
state department of public health and environment or any other agencies of state
or local government charged by and acting pursuant to statute or duly adopted
regulation have assumed jurisdiction by the institution of proceedings on that
pollution or contamination. Nothing in this paragraph (e) shall abridge the right of
any person to institute a private nuisance action or of any district attorney to
institute a public nuisance action under the common law or other statutory law of
this state.

(f) Any activity, operation, or condition which, after being ordered abated,
corrected, or discontinued by a lawful order of an agency or officer of the state of
Colorado, continues to be conducted or continues to exist in violation of:

(I) Any statute of this state;

(II) Any regulation enacted pursuant to the authority of a statute of this
state; or

(g) Any condition declared by a statute of this state to be a class 3 public
nuisance.

Legislative History

Source: L. 72: R&RE, p. 261, � 1. C.R.S. 1963: � 39-13-305. L. 94: (1)(e) amended, p. 2732, � 354, effective July 1.