Colorado § 31-15-402 Liability for violation of nuisance ordinance

Colorado Statutes

§ 31-15-402 — Liability for violation of nuisance ordinance

Colorado § 31-15-402

Title 31Government

Art.Exercise of Municipal Powers

This text of Colorado § 31-15-402 (Liability for violation of nuisance ordinance) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 31-15-402 (2026).

Text

(1)If a municipality serves upon an owner and tenant of real property notice of a violation of a nuisance ordinance committed by a tenant on property that the owner rents or leases to a tenant, the owner shall have the right to deliver written notice to the tenant to abate the nuisance. If the tenant does not abate the nuisance within five days after delivery of the notice, the owner may enter the exterior area of the property and abate the nuisance.

(2)This section shall not be construed to prohibit a property owner from entering any area of the property under the terms of the lease with the tenant.

(3)If the abatement of a nuisance pursuant to this section requires the removal of a motor vehicle from the property, the property owner may abate the nuisance only by hiring a t

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(1) If a municipality
serves upon an owner and tenant of real property notice of a violation of a nuisance
ordinance committed by a tenant on property that the owner rents or leases to a
tenant, the owner shall have the right to deliver written notice to the tenant to
abate the nuisance. If the tenant does not abate the nuisance within five days after
delivery of the notice, the owner may enter the exterior area of the property and
abate the nuisance.

(2) This section shall not be construed to prohibit a property owner from
entering any area of the property under the terms of the lease with the tenant.

(3) If the abatement of a nuisance pursuant to this section requires the
removal of a motor vehicle from the property, the property owner may abate the
nuisance only by hiring a towing carrier, as defined in section 40-10.1-101, C.R.S., to
take the vehicle to a lot for storage under appropriate protection.

(4) Unless the lease provides otherwise, the tenant shall be liable to the
owner of the real property for the amount of the owner's direct costs in abating a
nuisance pursuant to this section and for the amount of the fine imposed upon the
owner on and after the date on which the tenant received notice of the nuisance
from the municipality pursuant to section 31-15-401 (1)(c).

(5) Nothing in this section shall be construed to limit a tenant's legal
remedies for harm caused by a property owner to the tenant's person or to the
tenant's property other than the property that is the subject of an abatement
pursuant to this section.

Legislative History

Source: L. 2005: Entire section added, p. 550, � 2, effective January 1, 2006. L. 2011: (3) amended, (HB 11-1198), ch. 127, p. 418, � 10, effective August 10.