C.R.S. Section 16-13-309
Judgment

  • relief

(1)

The judgment in an action to abate a public nuisance may include a permanent injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance and an order directing the confiscation and forfeiture of property. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the same, and the court may retain jurisdiction of the case for the purpose of enforcing its orders.

(2)

If the existence of a class 1 public nuisance is established in an action authorized by this part 3, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building, place, vehicle, or real property and the forfeiture of all fixtures and contents thereof and the confiscation and forfeiture of all personal property, including vehicles, seized or subject to seizure as provided in section 16-13-303 and shall direct the sale of the personal property, including vehicles, as provided in this part 3. If the building, place, or real property is not forfeited pursuant to this part 3, the order shall direct the effectual closing of such property against its use for any purpose for a period of one year, unless sooner released by the court pursuant to the provisions of this part 3. While the order remains in effect as to closing, such building, place, or real property shall remain in the custody of the court. The court shall cause a copy of the order of abatement to be recorded in the office of the county clerk and recorder of the county in which the property is located.

(3)

The judgment in an action to abate a class 2 public nuisance may include an order directing the sheriff to seize and close the public nuisance, and to keep the same effectually closed until further order of the court, not to exceed one year.

(4)

The judgment in an action to abate a class 3 public nuisance may include, in addition to or in the alternative to other injunctive relief, an order requiring the removal, correction, or other abatement of a public nuisance, in whole or in part, by the sheriff, at the expense of the owner or operator of the public nuisance.

(5)

The judgment in an action to abate a public nuisance may include, in addition to or in the alternative to any other relief authorized by the provisions of this part 3, the imposition of a fine, within the limits provided in section 16-13-312, conditioned upon failure or refusal of compliance with the orders of the court within any time limits therein fixed.

Source: Section 16-13-309 — Judgment - relief, 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

§ 16-13-309’s source at colorado​.gov