§ 25-12-104 — Action to abate

Colorado § 25-12-104

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Noise Abatement

Text

Whenever there is reason to believe that a
nuisance exists, as defined in section 25-12-103, any county or resident of the state
may maintain an action in equity in the district court of the judicial district in which
the alleged nuisance exists to abate and prevent such nuisance and to perpetually
enjoin the person conducting or maintaining the same and the owner, lessee, or
agent of the building or place in or upon which such nuisance exists from directly or
indirectly maintaining or permitting such nuisance. Notwithstanding any other
provision of this section, a county shall not maintain an action pursuant to this
section if the alleged nuisance involves a mining operation or the development,
extraction, or transportation of construction materials, as those terms are defined
in section 34-32.5-103, C.R.S., a commercial activity, the commercial use of
property, avalanche control activities, a farming or ranching activity, an activity of a
utility, or a mining or oil and gas operation. When proceedings by injunction are
instituted, such proceedings shall be conducted under the Colorado rules of civil
procedure. The court may stay the effect of any order issued under this section for
such time as is reasonably necessary for the defendant to come into compliance
with the provisions of this article.

Legislative History

Source: L. 71: p. 649, � 1. C.R.S. 1963: � 66-35-4. L. 2008: Entire section amended, p. 57, � 1, effective August 5.