Sec. 62-26. Definition of public nuisance.
It is hereby declared to be a public nuisance, and a crime punishable under the general penalty provisions of section 1-13 of the City Code, for any property owner owning property within the City of Aurora:
(a) To intentionally, knowingly, recklessly, or through criminal negligence permit or encourage any property occupant and/or the property occupant's guests, invitees, licensees, employees, or agents to commit any of the below "proscribed acts" upon the property owner's property; or
(b) To fail to immediately make a good faith effort to prevent, through appropriate court action or by otherwise removing and prohibiting their return, any property occupant, and/or the property occupant's guests, invitees, licensees, employees, or agents from re-committing any of the below "proscribed acts" upon the property owner's property once that property owner has actual knowledge that "proscribed acts" are occurring on the property, or once that property owner has been provided reasonable notice that "proscribed acts" are being committed on the property by the property occupants, and/or their guests, invitees, licensees, employees, or agents.
(i) For purposes of this subsection "reasonable notice" shall be deemed to have been provided if the City of Aurora can show that at least 15 days prior to the issuance of any summons and complaint the city sent the property owner a notice by accountable mail detailing "proscribed acts" committed on the property owner's property by the property occupants, and/or their guests, invitees, licensees, employees, or agents. This notice shall list with specificity the action(s) which the city shall accept as "appropriate court action" fulfilling a property owner's obligations under section 62-28(b) if the property owner initiates and timely pursues the action(s). This notice shall advise the property owner that failure to comply with its terms may subject the property owner to criminal prosecution in the event that the "proscribed acts" are repeated within one year.
(ii) The Aurora Police Department shall provide reasonable assistance, including the providing of testimony and material evidence, to any property owner who in good faith undertakes appropriate court action as a result of the receipt of the written notice described in this subsection.
(iii) The notice sent under the provisions of this subsection shall be mailed to the address listed on the last property assessment for general (ad valorem) taxes for the county in which the property is situated.
(iv) Reasonable notice shall not require that the property owner actually receive the notice. It shall only require the notice to have been properly addressed and mailed in addition to being posted in a conspicuous place upon the property in question; or
(c) To intentionally, knowingly, recklessly or through criminal negligence participate in, abet, or otherwise allow or facilitate any of the below "proscribed acts" to occur on or within any property or structure under the property owner's control or ownership.
For purposes of this section where a "proscribed act" references a section of the state statutes (C.R.S.), the activity shall have the same meaning or definition as contained within the state statutes but shall not require that the activity was charged or prosecuted to a final judgment before this ordinance applies. For purposes of this chapter 62 where a "proscribed act" references a section of the city code, the activity shall have the same meaning or definition as contained within the City Code but shall not require that the activity was charged or prosecuted to a final judgment under the applicable section of the city code before this article applies.
Proscribed Acts
(1) Prostitution within the meaning of Aurora City Code section 94-216; and/or within the meaning of C.R.S. § 18-7-201, 18-7-202, 18-7-203, 18-7-204, 18-7-205.
(2) Professional gambling, C.R.S. § 18-10-102(8); gambling on premises, C.R.S. § 18-10-102(5); or keeping of a gambling record, C.R.S. § 18-10-102(7); and/or acts within the proscribed meaning of Aurora City Code section 94-281.
(3) The unlawful manufacture, cultivation, growth, production, processing, sale, distribution, storage or use, or possession for any unlawful manufacture, sale, distribution or use of a controlled substance, C.R.S. § 18-18-405, or any imitation controlled substance, C.R.S. § 18-18-421; except for lawful possession of less than eight ounces of marijuana.
(4) Felony or misdemeanor theft by receiving, within the meaning of C.R.S. § 18-4-410; and/or Aurora City Code section 94-78.
(5) Unlawful manufacture, sale, or distribution of drug paraphernalia, C.R.S. § 18-18-429.
(6) Prostitution of a child, C.R.S. § 18-7-401(7); soliciting for child prostitution, C.R.S. § 18-7-402; pandering of a child, C.R.S. § 18-7-403; keeping a place of child prostitution, C.R.S. § 18-7-404; pimping a child, C.R.S. § 18-7-405; or inducement of child prostitution, C.R.S. § 18-7-405.5.
(7) Sexual exploitation of children, C.R.S. § 18-6-403.
(8) Repeatedly disturbing the peace within the meaning of City Code sections 94-42,94-107, and 94-110.
(9) A violation of any provision of the Colorado Liquor Code or the Colorado Beer Code (C.R.S. § 12-47-101 et seq.) or (C.R.S. § 12-46-101 et seq.), respectively.
(10) A violation of any provision of the Colorado Escort Service Code, C.R.S. § 12-25.5-101 et seq.
(11) A violation of any provision of the Colorado Massage Parlor Code, C.R.S. § 12-48.5-101 et seq.
(12) A violation of any provision of C.R.S. § 18-12-109 relating to the possession, use, or removal of explosive or incendiary devices, or possession of components thereof.
(13) To repeatedly conduct any business so negligently or use any premises as to create such an offensive smell as may taint the air and render it unwholesome or disagreeable to the neighborhood.
(14) To repeatedly throw or deposit or cause to be thrown or deposited any offal or any offensive matter or the carcass of any animal in any watercourse, pond, spring, or well, or on land within the city which results in offensive or unwholesome conditions.
(15) To repeatedly deposit any animal or human fecal material, dead animal, or other filthy, offensive, or noisome substance upon any lot, street, alley, highway, park or other place.
(16) To corrupt or render unwholesome or impure the water of any drinking fountain, spring, stream, pond, or lake, to the injury or prejudice of others, or any part of the city water supply system.
(17) To cross connect with the city water supply system by introducing into such system any foreign water or other liquids or waste not a part of the treated city water supply system, except it shall be permissible to introduce into the city water supply system water of another approved water system.
(18) To repeatedly permit or suffer any slops, swill, garbage, stable droppings, feces, offal, filth, refuse, animal or vegetable matter, which is liable to become putrid or offensive or injurious to health, to remain on any premises used or occupied by such person for a longer period than four hours at any one time.
(19) To erect, or continue to use any building or other place for the exercise of any trade, employment, or manufacture, which, by occasioning noxious emissions, offensive smells or otherwise, is offensive or dangerous to the health of individuals or of the public.
(20) To suffer or permit any cellar, vault, private drain, pool, sewer, or sink upon any premises belonging to or occupied by such person to become noxious, foul, offensive, or injurious to the public health.
(21) To maintain any dilapidated building of whatever kind which is unused by the owner or uninhabited because of deterioration or decay, which condition constitutes a fire hazard or subjects adjoining property to danger of damage by storm, soil erosion, or rodent infestation, or which becomes a place frequented by trespassers and transients seeking a temporary hideout or shelter.
(22) To maintain any open foundation or excavation which is unabated pursuant to Section 62-34 and thus constitutes an attractive nuisance.
(23) To maintain any partially or otherwise uncompleted structures, abandoned or unmaintained property, including but not limited to: fences, parking garages, commercial and residential buildings.
(24) To maintain or use any building or structure which substantially annoys, injures or endangers the comfort, health, repose, or safety of the public by reason of vandalism, inadequate maintenance, abandonment or otherwise, including but not limited to:
a. Vacant, inadequately maintained, or boarded up buildings or structures located within 1,000 feet of a residential zoned district which do not show evidence of current construction or remodeling activity and/or;
b. Vacant buildings or structures, regardless of proximity to a residential zoned district, which are not secure and to which entry may be made through opened or unlocked doors, windows or other openings.
(25) To maintain, use, rent, or lease any property or subunit thereof including single-family dwellings, where people are allowed to congregate, gather, or loiter in such a manner as to disturb the peace of other persons lawfully on the property itself or lawfully in the vicinity of the property. (Code 1979, § 26-1; Ord. No. 2012-56, § 1, 1-7-2013; Ord. No. 2005-93, § 5, 12-5-2005; Ord. No. 2005-12, § 111, 4-11-2005; Ord. No. 99-19, § 2, 7-12-1999; Ord. No. 96-43, § 1, 10-7-1996; Ord. No. 95-53, exhibit A (§ 26-1), 9-11-1995)