§ 16-13-309 — Judgment - relief

Colorado § 16-13-309

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Special Proceedings

Text

(1) The judgment in an action to abate a public
nuisance may include a permanent injunction to restrain, abate, and prevent the
continuance or recurrence of the nuisance and an order directing the confiscation
and forfeiture of property. The court may grant declaratory relief, mandatory
orders, or any other relief deemed necessary to accomplish the purposes of the
injunction or order and enforce the same, and the court may retain jurisdiction of
the case for the purpose of enforcing its orders.

(2) If the existence of a class 1 public nuisance is established in an action
authorized by this part 3, an order of abatement shall be entered as a part of the
judgment in the case, which order shall direct the removal from the building, place,
vehicle, or real property and the forfeiture of all fixtures and contents thereof and
the confiscation and forfeiture of all personal property, including vehicles, seized or
subject to seizure as provided in section 16-13-303 and shall direct the sale of the
personal property, including vehicles, as provided in this part 3. If the building,
place, or real property is not forfeited pursuant to this part 3, the order shall direct
the effectual closing of such property against its use for any purpose for a period of
one year, unless sooner released by the court pursuant to the provisions of this part
3. While the order remains in effect as to closing, such building, place, or real
property shall remain in the custody of the court. The court shall cause a copy of
the order of abatement to be recorded in the office of the county clerk and recorder
of the county in which the property is located.

(3) The judgment in an action to abate a class 2 public nuisance may include
an order directing the sheriff to seize and close the public nuisance, and to keep the
same effectually closed until further order of the court, not to exceed one year.

(4) The judgment in an action to abate a class 3 public nuisance may include,
in addition to or in the alternative to other injunctive relief, an order requiring the
removal, correction, or other abatement of a public nuisance, in whole or in part, by
the sheriff, at the expense of the owner or operator of the public nuisance.

(5) The judgment in an action to abate a public nuisance may include, in
addition to or in the alternative to any other relief authorized by the provisions of
this part 3, the imposition of a fine, within the limits provided in section 16-13-312,
conditioned upon failure or refusal of compliance with the orders of the court within
any time limits therein fixed.

Legislative History

Source: L. 72: R&RE, p. 263, � 1. C.R.S. 1963: � 39-13-309. L. 81: (2) amended, p. 956, � 5, effective July 1. L. 83: (2) amended, p. 684, � 4, effective July 1. L. 87: (1) and (2) amended, p. 636, � 7, effective July 1.