Sec. 134-472. Procedure in general.
(a) Remedies cumulative and supplementary. The remedies provided in this article are cumulative and supplementary to any other criminal or traffic ordinance, or statute, other civil remedies and any administrative proceedings to revoke, suspend, fine or take other action against any license. The city may pursue the remedies provided in this article, criminal penalties provided by other ordinances or statutes, other civil actions or remedies, administrative proceedings against a license or any one or more of these and may do so simultaneously or in succession.
(b) No delay in civil action. In the event that the city pursues both criminal or traffic remedies provided in any other section, other civil remedies or the remedies of any administrative action and the remedies of this article, the civil action provided in this article shall not be delayed or held in abeyance pending the outcome of any proceedings in the other criminal, traffic, civil or administrative action, or any action filed by any other person, unless all parties to the action under this article so stipulate.
(c) Principles. All actions under this article shall be civil and remedial in nature. All issues of fact and law shall be tried to the court without a jury. All closure, receivership and destruction remedies under this article shall be in rem. Injunctive remedies under this section may be partly in personam. The burden of proof in all proceedings under this article, including proof of the underlying criminal activity forming the basis of a vehicular public nuisance, shall be by a preponderance of the evidence, unless a different burden of proof is specified.
(d) Jurisdiction, duties and power. Pursuant to Colorado Constitution article XX, section 6, and City Charter section 10-4 and City Code section 50-26, the municipal court for the City of Aurora is hereby granted the jurisdiction, duties, and powers for this article.
(e) Governance of proceedings. Proceedings under this article shall be governed by the Colorado Rules of Civil Procedure ("CRCP") unless this article provides a more specific rule. Vehicular public nuisance actions shall be included in the category of "expedited proceedings" specified in CRCP rules 16 and 26. Where this article or the CRCP fail to state a rule of decision, the court shall first look to the Public Nuisance Abatement Act, C.R.S. 16-13-301 et seq., and the cases decided thereunder.
(f) Discovery and inspection.
(1) By defendant. Upon the motion of a defendant or upon the court's own motion at any time after the filing of the complaint or summons and complaint the court may order the prosecution to permit the defendant to inspect and copy or photograph any books, papers, documents, photographs, or tangible objects that are within the prosecution's possession and control, upon a showing that the items sought may be material to the preparation of the defense and that the request is reasonable. The order shall specify the time, place, and manner of making the inspection and of taking the copies or photographs and may prescribe such terms and conditions as are just.
(2) Witness's statements. At any time after the filing of the complaint or summons and complaint, upon the request of a defendant or upon the order of court, the prosecution shall disclose to the defendant the names and addresses of persons whom the prosecution intends to call as witnesses at the hearing or trial, together with any witness statements.
(3) Irrelevant matters. If the prosecution claims that any material or statement ordered to be produced under this rule contains matter which does not relate to the subject matter of the witness's testimony, the court shall order it to deliver the statement for the court's inspection in chambers. Upon such delivery the court shall excise the portions of the statement which do not relate to the subject matter of the witness's testimony, then the court shall direct delivery of the statement to the defendant.
(4) Statement defined. The term "statement" as used in subsections (f)(2) and (f)(3) of this section in relation to any witness who may be called by the prosecution means:
a. A written statement made by such witness and signed or otherwise adopted or approved by the witness;
b. A mechanical, electrical, or other recording, or a transcription thereof, which is a recital of an oral statement made by such witness; or
c. Stenographic or written statements or notes which are in substance recitals of an oral statement made by such witness and which were reduced to writing contemporaneously with the making of such oral statement.
(g) Filing. Actions under this article shall be in writing and filed by the office of the city attorney for the City of Aurora.
(h) Complaint. An action under this article shall be commenced by the filing of a written verified complaint or a written complaint verified by an affidavit and a motion for temporary restraining order.
(i) Parties defendant to action. The parties defendant to the action and the persons liable for the remedies in this article include the motor vehicle itself, any person owning or claiming any legal or equitable interest or right of possession in the motor vehicle, all managers and agents for any person claiming a legal or equitable interest in the motor vehicle and any other person whose involvement may be necessary to abate the nuisance, prevent it from recurring or enforce the court's orders. None of these parties shall be deemed necessary or indispensable parties.
(j) Personal service. Service of the summons, complaint, and temporary restraining order upon the owners and/or lienors of a motor vehicle may be served by any peace officer or any party who is not a party and who is not less than 18 years of age. Service of the summons, complaint, and temporary restraining order may be made by delivering a copy thereof to the person named. Service is also valid if the person named has signed a written admission or waiver of personal service.
(k) The issuance of a temporary restraining order, entry of written stipulations and voluntary abatement agreements, entry of default judgments and other uncontested matters pursuant to this article shall be ruled on by the Court based upon the written pleadings and without the appearance of the party(ies). (Ord. No. 2021-23, § 1, 7-26-2021)