§ 37-71. Definitions.

These terms and definitions shall apply to both articles II and III of this chapter:

(a)

Abate : means to bring to a halt, eliminate, or where that is not possible or feasible, to suppress, reduce, and minimize.

(b)

Abatement plan : means the written administrative determination by the public nuisance abatement coordinator of what constitutes "all reasonable steps," being all of the specific actions that should be applied, implemented, put into action, taken, and utilized to prevent either public nuisance offenses from occurring on or in a specified parcel of real property or motor vehicle, or the use of a parcel of real property, motor vehicle, or personal property by any person to commit, conduct, promote, facilitate, or aid the commission of or flight from any public nuisance offense in the city.

(c)

All reasonable steps : means all reasonable actions of owners of real property, motor vehicles or personal property, to ensure that such property is prevented from being a public nuisance, or not permitted to be used in the commission, conduct, or facilitation of a public nuisance offense, to include, without limitation, full compliance with any abatement plan issued by the public nuisance abatement coordinator or court having jurisdiction over the property.

(d)

Building : means a structure, as defined herein, which is enclosed with walls and a roof so that there are no sides left open.

(e)

Cease and desist order : means the administrative order of the public nuisance abatement coordinator to fully implement an incorporated abatement plan within a specified reasonable time period, subject to, upon failure to comply with the order, the filing of a remedial civil in rem public nuisance abatement action for the judicial civil remedies available under this article III, chapter 37.

(f)

Close, to close, or closure : means to detain or secure the property and remove all owners, tenants, occupants and other persons and animals from the real property, motor vehicle, or personal property, or a specified discrete portion thereof, and to lock, board, bar and otherwise close and prohibit all entry, access, and use of the real property, motor vehicle, or personal property, or a specified discrete portion thereof, except such access and use as may be specifically ordered by the court for purposes of inventory, maintenance, storage, security, environmental clean-up, sanitation and other purposes, and to vest the sole right of possession and control of the real property, motor vehicle, or personal property, or a specified discrete portion thereof, in the city and county of Denver for a limited period of time defined by court order. In the case of a motor vehicle, closure includes detention and impoundment.

(g)

Contraband : means any personal property or motor vehicle, which is illegal to own, including, but not limited to, any illegal controlled substance, any illegal firearm or weapon, as defined in the laws of the city, this state, or the United States, or any motor vehicle upon which stolen parts are known to be attached, connected, or joined.

(h)

Flight : means to flee, escape, or leave the place where the public nuisance activity was committed or conducted.

(i)

Impound or impoundment : means to move a detained motor vehicle to the sheriff's vehicle impound facility and to retain it temporarily in the legal custody of the city.

(j)

Legal or equitable interest or right of possession : includes every legal and equitable interest, title, estate, tenancy, and right of possession recognized by law and equity, including, but not limited to, freeholds, life estates, future interests, condominium rights, time-share rights, leaseholds, easements, licenses, liens, deeds of trust, contractual rights, mortgages, security interests, and any right or obligation to manage or act as agent or trustee for any person holding any of the foregoing, while excluding any straw man interest.

(k)

Motor vehicle : means any device of conveyance capable of moving itself or of being moved from place to place upon wheels or track or by water or air, whether or not intended for the transport of persons or property, and includes any place therein adapted for overnight accommodation of persons or animals or for the carrying on of business.

(l)

Non-involved owner : means a person who holds a legal interest in property that is implicated in a public nuisance abatement action who took all steps that reasonably should have been taken to prevent the proscribed use of the property, and who neither:

(1)

Participated in the transaction constituting the public nuisance act; nor

(2)

Knew or reasonably should have known that the property would be used in the commission of a public nuisance act, or, that the person who used the property illegally had engaged in prior similar conduct or had a prior record or reputation for violating the laws of the United States, State of Colorado, or the City of Denver for related crime.

(m)

Owner: means a person with a present bona fide legal or equitable interest or right of possession of property, excluding any straw man.

(n)

Personal property : means all property of every kind and nature whatsoever including cash, vehicles, animals, intangible property and contraband, but does not include real property of any kind.

(o)

Property : means property of all kinds, including real property, motor vehicles, and personal property as defined herein.

(p)

Public nuisance abatement coordinator : means the person appointed pursuant to section 2-316 of this Code or their designee.

(q)

Real property : means land and all improvements, buildings, and structures, and all estates, rights and interests, legal and equitable, in the same, including, but not limited to, all forms of ownership and title, future interests, condominium rights, time-share rights, easements, water rights, mineral rights, oil and gas rights, space rights, and air rights.

(r)

Receivership : means the special receivership on the terms set out in section 37-75(c)(4), below.

(s)

Storage : means to place or leave an object in a location for any period of time.

(t)

Straw man : means a person who takes part in the purchase lease, or ownership of property in name only, even though such person may become financially obligated under such purchase or lease arrangement; an accommodation party; a nominal party to a transaction; one who acts as an agent for another for the purpose of taking title to property, and executing whatever documents and instruments the principle may direct respecting the property; a person who purchases, leases, or acquires title to property for another person in order to conceal the identity of the real purchaser or lessor from any other party, including, but not limited to, the seller, lessor, any financial institution, lien holder, or governmental agency, regardless of the person's knowledge of the intent of the real purchaser or lessee.

(u)

Structure : means anything constructed, erected, or placed upon real property which is so firmly attached to the land to be reasonably considered part of the real estate, and includes buildings of every type and nature whatsoever.

(v)

Other definitions. The definitions provided in section 37-50 shall also apply to this article III of chapter 37.

(Ord. No. 481-98, § 1, 7-13-98; Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 4, 4-22-19)

Cross reference

Definitions and rules of construction generally, § 1-2.