§ 10-140. Court actions for abatement.

(a)

If, after notice and hearing pursuant to this article and a finding of a violation of this article, the owner has failed to abate the violation or comply with abatement deadlines in the manager's final order or in an approved remedial plan, the city, an affected neighboring landowner, or any other person who has suffered damages due to the condition of the property and otherwise has legal standing to bring legal action, may commence an action in the district court pursuant to Rule 65 or 66 of the Colorado Rules of Civil Procedure for abatement under this article. These actions may request:

(1)

An injunction ordering the owner of property to take whatever action the court considers necessary or appropriate to abate the violation;

(2)

The appointment of a receiver to take possession and control of the property and to complete all work and to furnish material that reasonably may be required to abate the violation. All interested persons must be made parties to the action.

(3)

The court to appoint a receiver to exercise any of the powers listed below:

(A)

Take possession and control of the property, operate and manage the property, establish and collect rents and income, lease and rent the property, and evict tenants. An existing violation of the Denver Building or Denver Housing Codes does not restrict the receiver's authority pursuant to this subsection.

(B)

Pay all expenses of operating and conserving the property including the cost of electricity, gas, water, sewerage, heating fuel, repairs and supplies, custodian services, taxes, assessments, and insurance premiums and to hire and pay reasonable compensation to a managing agent.

(C)

Pay pre-receivership mortgages and other liens and installments of pre-receivership mortgages and other liens.

(D)

Perform or enter into contracts for the performance of work and the furnishing of materials necessary to abate the violations and obtain financing for the abatement of violations.

(E)

Pursuant to court order, remove and dispose of personal property that is abandoned, stored, or otherwise located on the property, that creates a dangerous or unsafe condition, or that constitutes a violation of the Code, including the Denver Building, Denver Housing, and Denver Zoning Codes.

(F)

Enter into agreements and take actions necessary to maintain and preserve the property and to comply with the Code, including the Denver Building, Denver Housing, and Denver Zoning Codes.

(G)

Give the custody of the property and the opportunity to abate the violation and operate the property to the owner or to a mortgagee or lienholder of record.

(H)

Issue notes and secure the notes by deeds of trust on the property on terms, conditions, and at interest rates all as approved by the court.

(I)

Obtain mortgage insurance for a receiver's mortgage.

(J)

Any other action that the court considers appropriate.

(4)

That all costs, including the costs of the receivership, expenses, penalties, and all fees, be assessed against the owner and made a lien against the property, taking precedence over and being superior to all other liens of record except liens for general taxes and special assessments.

(5)

That, at the request of the party that applied for the receivership, the court discharge the receiver.

(6)

That if repair and rehabilitation of the property are not found to be feasible, upon the written request of all known interested persons who have appeared in the action, to have the property or portions of the property demolished, the court order the demolition of all or part of the property. The court may require the receiver to determine the cost of demolition of the property or the portions of the property that constitute the violation, and after court approval, the receiver shall arrange for demolition in accordance with state laws, the Code (including the Denver Building Code and Chapter 30 Landmark Preservation), and any permit issued under these authorities. However, demolition must not be ordered unless the requesting persons have guaranteed or underwritten the costs of demolition, have paid the costs of the receivership, and have paid all notes and mortgages of the receivership. Nothing in this article or a court order arising out of a court action authorized under this section limits the city's right to demolish any property that the city is authorized to demolish pursuant to the provisions of the Denver Building Code.

(7)

Nothing in this article limits or prohibits the city from exercising or using other remedies or procedures to enforce this article, the Denver Building, Fire, Housing, or Zoning Codes.

(Ord. No. 90-95, § 3, 2-6-95; Ord. No. 464-98, § 1, 7-6-98; Ord. No. 638-98, § 1(g), 9-14-98; Ord. No. 499-12, § 3, 10-8-12)