C.R.S. Section 16-13-305
Class 3 public nuisance

(1)

The following are a class 3 public nuisance:

(a)

The conducting or maintaining of any business, occupation, operation, or activity prohibited by a statute of this state; or

(b)

The continuous or repeated conducting or maintaining of any business, occupation, operation, activity, building, land, or premises in violation of a statute of this state; or

(c)

Any building, structure, or land open to or used by the general public, the condition of which presents a substantial danger or hazard to public health or safety; or

(d)

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; or

(e)

Any unlawful pollution or contamination of any surface or subsurface waters in this state, or of the air, or any water, substance, or material intended for human consumption, but no action shall be brought under this paragraph (e) if the state department of public health and environment or any other agencies of state or local government charged by and acting pursuant to statute or duly adopted regulation have assumed jurisdiction by the institution of proceedings on that pollution or contamination. Nothing in this paragraph (e) shall abridge the right of any person to institute a private nuisance action or of any district attorney to institute a public nuisance action under the common law or other statutory law of this state.

(f)

Any activity, operation, or condition which, after being ordered abated, corrected, or discontinued by a lawful order of an agency or officer of the state of Colorado, continues to be conducted or continues to exist in violation of:

(I)

Any statute of this state;

(II)

Any regulation enacted pursuant to the authority of a statute of this state; or

(g)

Any condition declared by a statute of this state to be a class 3 public nuisance.

Source: Section 16-13-305 — Class 3 public nuisance, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-16.­pdf (accessed Oct. 20, 2023).

16‑13‑216
Powers and duties of the board 16‑13‑301
Definitions 16‑13‑302
Public nuisances - policy 16‑13‑303
Class 1 public nuisance 16‑13‑304
Class 2 public nuisance 16‑13‑305
Class 3 public nuisance 16‑13‑306
Class 4 public nuisance 16‑13‑306.5
Limitations on receipt of forfeiture payments from federal agencies 16‑13‑307
Jurisdiction - venue - parties - process 16‑13‑308
Temporary restraining order - preliminary injunction - when to issue 16‑13‑309
Judgment - relief 16‑13‑310
Redelivery of seized premises 16‑13‑311
Disposition of seized personal property 16‑13‑312
Violation of injunction 16‑13‑313
Fees - costs and fines - lien and collection 16‑13‑314
Disposition of forfeited real property 16‑13‑315
Seizure of personal property 16‑13‑316
Prior liens not subject to forfeiture - vesting of title 16‑13‑501
Short title 16‑13‑501.5
Legislative declaration 16‑13‑502
Definitions 16‑13‑503
Subject acts 16‑13‑504
Forfeiture of vehicle, fixtures and contents of building, personal property, or contraband article - exceptions 16‑13‑504.5
Limitations on receipt of forfeiture payments from federal agencies 16‑13‑505
Forfeiture proceedings 16‑13‑506
Final order - disposition of property 16‑13‑507
Disposition of contraband article or property 16‑13‑508
Forfeitures 16‑13‑509
Evidentiary presumption 16‑13‑510
Money placed in account 16‑13‑511
Severability 16‑13‑601
Receipt of federally forfeited property 16‑13‑701
Reports related to seizures and forfeitures - legislative declaration - definitions 16‑13‑702
Disposition of forfeited property 16‑13‑901
Legislative declaration 16‑13‑902
Definitions 16‑13‑903
Sexually violent predator subject to community notification - determination - implementation 16‑13‑904
Sex offender management board - duties 16‑13‑905
Local law enforcement - duties - immunity 16‑13‑906
Division of criminal justice - technical assistance team 16‑13‑1001
Legislative declaration 16‑13‑1002
Resentencing hearing for persons serving life sentences without the possibility of parole as the result of a direct file or transfer
Green check means up to date. Up to date

Current through Fall 2024

§ 16-13-305’s source at colorado​.gov