The title of this chapter is Property Used in Connection With
Certain Crimes Declared Public Nuisance. The purpose hereof is the
abatement of property and/or structures used as, for, or in support
of public nuisances. This chapter is a matter of purely local and
municipal concern, and the abatement property hereby and hereunder
is for and in the interest of the protection of public health, safety,
and welfare.
Criminal activity on a property is a public nuisance. The purpose
of this chapter is to reduce public nuisances created by the use of
property in connection with certain crimes. The remedies provided
are designed to cause property owners to be attentive to preventing
crime on or in their property; to make property owners responsible
for the use of their property by tenants, guests, and occupants; and
to otherwise deter criminal activity on private property within the
City limits.
(Ord. 5148, 5-17-23)
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
“Agent”
means, if applicable, either a resident manager or a property
manager.
“Chief of Police”
includes any person designated by the City Manager as the
Police Chief or the designee of the Police Chief for the enforcement
of the GJMC.
“Court”
means the Grand Junction Municipal Court.
“Owner”
means any person, agent, firm, corporation, association,
or partnership including:
(a)
Any part owner, joint owner, tenant in common, tenant in partnership,
joint tenant, or tenant by the entirety of the whole or of a part
of the property; or
(b)
A mortgagee in possession in whom is vested:
(1)
All or part of the legal title to property; or
(2)
All or part of the beneficial ownership and a right to present
use and enjoyment of the premises.
“Person”
means any natural person, association, partnership, or corporation
capable of owning or using property in the City.
“Public nuisance property (property)”
means any kind of structure, edifice, building, or unit(s)
thereof or land on or in which any of the following activities has
occurred or is occurring, or used to commit, conduct, promote, facilitate,
or aid the commission of any of the following activities:
(d)
The unlawful manufacture, cultivation, growth, production, processing,
or possession of marijuana within the meaning of GJMC; and/or within
the meaning of C.R.S. §
18-18-405;
(e)
The unlawful manufacture, cultivation, growth, production, processing,
sale, distribution, storage or use, or possession for any unlawful
manufacture, sale, or use, or possession for any unlawful manufacture,
sale, distribution, or use of a controlled substance, C.R.S. §
18-18-405, or a controlled substance analog, C.R.S. §
18-18-102, or an imitation controlled substance, C.R.S. §
18-18-421; except for possession of less than 16 ounces of marijuana;
(f)
Unlawful manufacture, sale, or distribution of drug paraphernalia,
C.R.S. § 18-18-426;
(g)
Prostitution of a child, C.R.S. §
18-7-401(7); soliciting for child prostitution, C.R.S. §
18-7-402;
pandering of a child, C.R.S. §
18-7-403;
keeping a place of child prostitution, C.R.S. §
18-7-404;
pimping a child, C.R.S. §
18-7-405;
or inducement of child prostitution, C.R.S. §
18-7-405.5; or
(h)
Sexual exploitation of children, C.R.S. §
18-6-403;
(j)
Repeatedly disturbing the peace within the meaning of GJMC §
9.04.030 and/or unnecessary noise within the meaning of GJMC §
8.16.010; and disorderly conduct within the meaning of GJMC §
9.04.040;
(k)
A violation of any provision of the Colorado Liquor Code, C.R.S.
§
44-3-101 et seq.;
(l)
A violation of any provision of the Colorado Escort Service
Code, C.R.S. §
29-11.8-101 et seq.;
(m)
A violation of any provision of the Colorado Massage Therapy
Practice Act, C.R.S. §
12-235-101 et seq.;
(n)
A violation of any provision of C.R.S. §
18-12-109 relating to the possession, use, or removal of explosive or incendiary
devices, or possession of components thereof;
(o)
Repeated acts of discharge of any firearm within the meaning
of GJMC excluding discharge of a slingshot, BB gun or pellet gun or
discharge that may be authorized by the Chief of Police;
(p)
Repeated acts of violence within the meaning of Colorado law
applicable to murder in the first degree, C.R.S. §
18-3-102;
murder in the second degree, C.R.S. §
18-3-103;
assault in the first degree; C.R.S. §
18-3-202;
or assault in the second degree, C.R.S. §
18-3-203,
but excluding domestic violence acts as defined in C.R.S. §
18-6-800.3(1).
(q)
Repeated violations of federal, State, or municipal law which
adversely affect the health, safety, or welfare of the residents of
the City.
“Structure”
means any type of building, dwelling, edifice, enclosure,
garage, house, room, shed, shop, store, warehouse, or unit thereof.
See also “Public nuisance property (property).”
(Ord. 5148, 5-17-23)
If it is determined that the property/structure is an immediate threat to the public health, safety and welfare, the City may apply to the Court for immediate ex parte interim relief that is deemed by the City Attorney to be appropriate. In such an event, the notification procedures set forth in GJMC §
8.10.040 need not be satisfied. The Court shall order the immediate service of the normal pleadings together with a copy of an emergency order authorizing temporary closure of the property/structure until such time as the defendant property owner petitions the Court for review. The Court shall hear any such motion(s) at its earliest convenience.
(Ord. 5148, 5-17-23)
This chapter is necessary to protect the public health, safety,
and welfare of the residents of the City and covers matters of local
concern. If any provision of this chapter is found to be unconstitutional
or illegal, such finding shall only invalidate that part or portion
found to violate the law. All other provisions shall be deemed severed
or severable and shall continue in full force and effect.
(Ord. 5148, 5-17-23)
The City Manager is authorized to promulgate such rules and
regulations as are necessary to effectuate the implementation, administration,
and enforcement of this chapter.
(Ord. 5148, 5-17-23)