§ 16-13-310 — Redelivery of seized premises

(1) If the owner of a building, a
place, or any real property seized and closed as a class 1 public nuisance has not
been guilty of any contempt of court in the proceedings, and appears and pays all
costs, fees, and allowances which are declared by this section to be a lien on the
building, place, or real property, and files a bond in the amount fixed by the court
not to exceed the full value of said property, with sureties to be approved by the
court, conditioned that he will immediately abate any such nuisance that exists at
the building, place, or real property and prevent the same from being established or
kept thereat within a period of one year thereafter, the court, if satisfied of his good
faith and satisfied that such owner had not conducted, used, maintained, or
knowingly permitted the conducting, using, or maintaining of such public nuisance,
may order the building, place, or real property to be delivered to said owner and the
order of abatement canceled so far as the same relates to said property. If any
property is found not to be a public nuisance pursuant to this part 3 or if said
property fits the description of property specified in section 16-13-303 (2) and (3)
and the property is not subject to forfeiture or an affirmative defense has been
proven, said property shall be released to the owner without conditions. The release
of the property under the provisions of this section shall not release it from any
judgment, lien, penalty, or liability to which it is subject by law.

(2) If the owner or operator of a building or place seized and closed as a
class 2 public nuisance has not been guilty of any contempt of court in the
proceedings, and demonstrates by evidence satisfactory to the court that the
public nuisance has been abated and will not recur, the court may order the
premises delivered to the owner or operator. As a condition of such order, the court
may require the posting of bond, in an amount fixed by the court, for the faithful
performance of the obligation of the owner or operator thereunder to prevent
recurrence or continuance of the public nuisance.

(3) If the tenant or occupant, other than the owner, of a building, a place, or
any real property is involved in conducting or maintaining a public nuisance, the
owner need not be made a party to the action until the tenant or occupant is evicted
or the district attorney seeks to enforce the remedies of this part 3 against the
owner. However, the owner may intervene in the action at any time.

Legislative History

Source: L. 72: R&RE, p. 263, � 1. C.R.S. 1963: � 39-13-310. L. 81: (1) amended, p. 957, � 6, effective July 1. L. 83: (1) amended, p. 684, � 5, effective July 1. L. 87: (1) amended and (3) added, p. 636, � 8, effective July 1; (1) amended, p. 1586, � 57, effective July 1.