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File #: 19-0307    Version: 1
Type: Bill Status: Passed
File created: 3/26/2019 In control: Safety, Housing, Education & Homelessness Committee
On agenda: 4/22/2019 Final action: 4/22/2019
Title: A bill for an ordinance amending Article II of Chapter 37, Public Nuisance Offenses, by updating certain ordinance and statute references, and amending Article III of Chapter 37, Civil Abatement of Public Nuisances, by revising certain provisions concerning the procedure to be followed in nuisance abatement proceedings. Amends Chapter 37 of the Denver Revised Municipal Code to revise certain nuisance abatement proceedings and update certain related ordinance and statute references. The Committee approved filing this item at its meeting on 4-3-19.
Indexes: Emily Lapel
Attachments: 1. BR19 0307 CAO Nuisance Ordinance Draft Language.pdf, 2. BR19 0307 CAO Nuisance Ordinance.pdf, 3. Safety Committee Nuisance Presentation, 4. 19-0307.pdf, 5. 19-0307_Filed Bill CAO Nuisance Ordinance.pdf, 6. 19-0307 - signed.pdf, 7. 19-0307 Filed bill for an ordinance amending Article II of Chapter 37, Public Nuisance Offenses, by updating certain ordinance and statute references, and amending Article

Other/Miscellaneous Request Template (Appointments; ROW; Code Changes; Zoning Action, etc.)

 

Date Submitted: 3-26-19

 

Requesting Agency: City Attorney’s Office

                               Division:

 

Subject Matter Expert: Marley Bordovsky

Email Address: Marley.bordovsky@denvergov.org

Item Title & Description:

(Do not delete the following instructions)

These appear on the Council meeting agenda. Initially, the requesting agency will enter a 2-3 sentence description. Upon bill filling, the City Attorney’s Office should enter the title above the description (the title should be in bold font).

 

Both the title and description must be entered between the red “title” and “body” below.  Do not at any time delete the red “title” or “body” markers from this template.

title

A bill for an ordinance amending Article II of Chapter 37, Public Nuisance Offenses, by updating certain ordinance and statute references, and amending Article III of Chapter 37, Civil Abatement of Public Nuisances, by revising certain provisions concerning the procedure to be followed in nuisance abatement proceedings.

Amends Chapter 37 of the Denver Revised Municipal Code to revise certain nuisance abatement proceedings and update certain related ordinance and statute references. The Committee approved filing this item at its meeting on 4-3-19.

body

 

Affected Council District(s) or citywide?

Citywide

Executive Summary with Rationale and Impact:

Detailed description of the item and why we are doing it. This can be a separate attachment.

The City’s nuisance abatement ordinance hasn’t undergone any significant review and revision in more than a decade.  Over the years, we have come to understand that some provisions of the ordinance can be inflexible and uncompromising, leaving little room for prosecutorial or judicial discretion and creating perceived inequities in the process.  The proposed amendments will build some flexibility into the process, increase the burden of proof at trial, allow for a measure of judicial discretion upon a showing of good cause, dispense with the collection of fees in certain circumstances, and impose mandatory bi-annual reporting to city council.

 

Address/Location (if applicable):

 

Legal Description (if applicable):

 

Denver Revised Municipal Code (D.R.M.C.) Citation (if applicable):

 

Draft Bill Attached?