§ 10-138. Neglected or derelict buildings or property prohibited.

(a)

Purpose. The purpose of this article is to prevent any property in the city from becoming or remaining neglected or derelict, as that term is defined in this article; to mitigate the blighting impacts of these properties; to provide for the regular inspection of properties that are or are likely to become neglected or derelict; and to assess fees for the costs of this program on those properties and owners who have and maintain any neglected or derelict property.

(b)

Definitions. As used in this article, unless the context requires otherwise:

(1)

Abate or abatement means to make the neglected or derelict property compliant with the Code, including the Denver Building Code and the Denver Housing Code, and all rules and regulations adopted pursuant to them; provided however, that for a property only cited under section 10-138(c)(3) because the property is not lawfully occupied and has been in violation of any provision of city or state law on three (3) separate occasions within a two-year period, compliant with the Code means compliant with the underlying city or state law giving rise to the violation of section 10-138(c)(3). The closing or boarding up of a building that is found to be neglected or derelict is not an abatement.

(2)

Building means any building or structure, as these are defined in the Denver Building Code, located in the city.

(3)

Denver Building Code means the 2009 International Building Code as amended by the 2011 Denver Amendments and all subsequent amendments and reenactments.

(4)

Denver Housing Code means article II, chapter 27 of the Code and the rules and regulations promulgated under it, and all subsequent amendments and reenactments.

(5)

Hearing officer means an officer or employee of the city or a person the city retained by contract to hear and decide all issues raised in a hearing.

(6)

Historic property means a structure that has been designated as a structure for preservation in accordance with chapter 30 of the Code; or a structure within an area that has been designated as a district designated for preservation in accordance with chapter 30 of the Code; or a property listed in the National Register of Historic Places pursuant to section 101(a)(1)(A), National Historic Preservation Act of 1966, as amended.

(7)

Interested person means an owner, mortgagee, lienholder, or other person or entity that possesses an interest of record or an interest otherwise provable in property that becomes subject to the provisions of this article. The city and any applicant for appointment as receiver pursuant to this article are interested persons.

(8)

Manager means the manager of community planning and development or the manager's designee, and with regard to a hearing for an appeal or show cause hearing under this article, it includes a hearing officer appointed by the manager.

(9)

Neglected or derelict property means any building, structure, utility, or property the manager determined to be neglected or derelict under subsection (c) of this section.

(10)

Neighborhood landowner means an owner of property or neighborhood group that represents the owner of property that is located within five hundred (500) feet of property that becomes subject to the provisions of this article.

(11)

Neighborhood nuisance means a property that, by reason of inadequate maintenance, dilapidation, obsolescence or other similar reason, is a danger to the public health, safety or welfare; is structurally unsafe or unsanitary; is not provided with adequate safe egress; constitutes a fire hazard; is otherwise dangerous to human life; or in relation to the existing use constitutes a danger to the public health, safety or welfare. To determine whether a property is a neighborhood nuisance, as appropriate, and in addition to other factors that the manager finds are relevant, the manager shall consider whether:

(A)

There have been or are Code violations or violations of other ordinances or statutes;

(B)

The property is vacant;

(C)

The grounds are maintained;

(D)

A building's interior is sound;

(E)

The property has been vandalized or subject to other destructive activity;

(F)

The property is within a one thousand-foot radius of a school, park, or recreation center as measured from the closest point of the property to the closest point of the property on which a school, park, or recreation center is located;

(G)

The length of time any of the above conditions have existed;

(H)

In the case of an occupied building, an owner obligated by law or lease to provide services, make repairs, purchase fuel or other needed supplies, or pay utility bills has failed to do so; and

(I)

Other relevant factors as the manager determines.

(12)

Nonoccupant owner means a natural person who owns a neglected or derelict property that is not the owner's primary residence and whose primary residence is located in the City and County of Denver and with regard to a corporation, partnership, or limited liability company, it means a business entity that owns a neglected or derelict property that is not its principal place of business and whose principal place of business is located in the City and County of Denver.

(13)

Nonresident owner means a natural person who owns property within the City and County of Denver and does not maintain a principal residence within the City and County of Denver and for a corporation, partnership, or limited liability company, it means a business entity that owns property within the city whose principal place of business or agent for service of process or both is not located within the city.

(14)

Not lawfully occupied means property that is unoccupied or uninhabited; property that is occupied or inhabited but that is not in compliance with the Denver Housing Code; property that is posted as unsafe, regardless of whether occupied; property that has been ordered vacated pursuant to section 105.3.1 of the Denver Building Code (or successor section); or property that is occupied only by trespassers or transients seeking temporary hiding or shelter.

(15)

Owner means any person with a legal or equitable interest in property; a person who is under contract to purchase property by land installment contract or by a purchase contract; or a person who is acquiring property, or a legal or equitable interest in it, through foreclosure.

(16)

Property means any building, utility, parcel of land, or real property.

(17)

School means an educational institution having a curriculum comparable to that of a publicly supported elementary or secondary school, or any combination thereof, and requiring daily attendance; or an institution that is licensed as a child care center pursuant to article 6 of title 26, C.R.S.

(18)

Substantial and ongoing construction activity means construction activity that will result in the property being in compliance with all provisions of the Code, including the Denver Building Code; conducted under and pursuant to a valid building permit, if a permit is required for the work; and that has received an inspection approval under the Denver Building Code within sixty (60) days of an inspection conducted under section 10-141 of this article.

(19)

Unsafe means any property defined as unsafe in the Denver Building Code.

(c)

Neglected or derelict buildings or property. A property is neglected or derelict when any one (1) or more of the following circumstances exist on the property:

(1)

The property is unsafe;

(2)

The property is, for any three (3) consecutive months, not lawfully occupied, wholly or partially boarded up, and does not show evidence of substantial and ongoing construction activity;

(3)

The property is not lawfully occupied and has been in violation of any provision of city or state law on three (3) separate occasions within a two-year period;

(4)

The property is not lawfully occupied and the tax on the premises has been due and unpaid for a period of at least one (1) year; or

(5)

The property is a neighborhood nuisance as that term is defined in subsection (b)(11) of this section.

(6)

Historic property that is not being preserved in accordance with chapter 30 of the Code.

(d)

Prohibition. It is unlawful for any person to permit any property to be neglected or derelict.

(Ord. No. 90-95, § 3, 2-6-95; Ord. No. 638-98, §§ 1(a), (b), 9-14-98; Ord. No. 807-03, §§ 1—3, 10-27-03; Ord. No. 499-12, § 1, 10-8-12)