*Cross reference(s)--Animals, Ch. 4; license and rabies vaccination of dogs required, § 4-56; rabies vaccination required of dogs and cats, § 4-76; buildings and building regulations, Ch. 6; fire prevention and protection, Ch. 8; garbage and refuse, Ch. 10; junked, wrecked and abandoned property, Ch. 12; licenses and business regulations, Ch. 13; noise, Ch. 16; parks and recreation, Ch. 18; streets, sidewalks and other public places, Ch. 21; utilities, Ch. 25; vegetation, Ch. 26.

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Div. 1. Generally, §§ 11-16--11-30

Div. 2. Weeds, Wild Growth and Debris, §§ 11-31--11-50

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*Cross reference(s)--Noisy animals being public nuisance, § 4-13; vicious animals declared public nuisance, § 4-14.

State law reference(s)--Abatement of public nuisances, C.R.S. § 16-13-301 et seq.

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DIVISION 1. GENERALLY

It shall be unlawful for any person to permit or suffer to be in or accumulated in, or upon any yard, lot, place or premises or upon any street or sidewalk adjacent to or abutting upon any lot, block, place or premises or in any building or shed owned or occupied by him or for which he may be an agent within the limits of the city, any stagnant or impure water, refuse, vegetable decay or decaying substance, garbage or filth of any kind. No person shall suffer any yard, lot, place, building or premises to be or to remain in such condition as to cause or create a nuisance or offensive smell or to pollute or render unhealthful the atmosphere or the premises or thereby to be, become, cause or create a public nuisance.

(Code 1962, § 6-7-1)

It shall be unlawful for an owner or occupant to create or allow a nuisance to remain upon his property or any lot occupied by him. Such nuisance shall include, but not be limited to, decaying vegetable or animal matter that causes an offensive odor or health hazard.

(Code 1962, § 8-4-4)

DIVISION 2. WEEDS, WILD GROWTH AND DEBRIS

It shall be unlawful for the owner, agent, lessee or occupant of any lots, tracts or parcels of land within the city to allow weeds, grass, bushes, deleterious, noxious or unhealthy growths to lie, grow or be located upon any such property or along any street or avenue adjoining such property between the property line and the curbline thereof, or on or along any alley adjoining such property between the property line and the center of such alley; provided, however, that such prohibition shall not apply to lands primarily agriculture in nature, except that the owners of such lands shall be required to keep weeds reduced to a low level of growth between the property line of such property and the center of any right-of-way and shall be further required to keep weeds removed from that portion of the subject property that is within twenty (20) feet of any subdivision or area that is being kept free of weeds. For purposes of this chapter, the term "weed" shall include any noxious plant or any plant designated as an undesirable plant pursuant to C.R.S., section 35-5.5-101, et seq. (Colorado Weed Management Act), or by the advisory commission created thereunder.

(Code 1962, § 8-4-30; Ord. No. 1991-11, § 1, 10-15-91)

It shall be unlawful for the owner, agent, lessee or occupant of any lots, tracts or parcels of land within the city to allow refuse, rubbish, garbage, trash, solid waste, hazardous materials or unsightly debris to accumulate upon such property.

(Code 1962, § 8-4-31; Ord. No. 1994-1, § 1, 2-1-94)

the city manager or his designated agent shall cause to be prepared a notification to the owner of such premises or property, as reflected within the records of the county assessor, which notice shall be in accordance with the terms and provisions of subsection (b).

(Code 1962, § 8-4-32(A)--(D); Ord. No. 1994-1, § 1, 2-1-94)

If the owner of such property fails to commence the removal of refuse, rubbish, garbage, trash, solid waste, hazardous materials or unsightly debris or otherwise fails to comply with the requirements set forth in the notification from the city manager or his designated agent within the time provided within such notification, the city manager or his designated agent shall thereafter cause a citation or summons and complaint to be filed in the municipal court and to be served upon the owner of the subject property.

(Ord. No. 1994-1, § 1, 2-1-94)

Editor's note--Section 1 of Ord. No. 1994-1, adopted Feb. 1, 1994, amended § 11-34 to read as herein set out. Formerly, § 11-34 pertained to abatement by city and recovery of costs and derived from § 8-4-32(E) of the 1962 Code.

If the owner of the subject property fails to appear in response to the municipal court summons or citation or fails to comply with the orders of said court or, in those instances where the owner of the subject property cannot be found after the exercise of reasonable diligence, the city shall cause the removal of such refuse, rubbish, garbage, trash, solid waste, hazardous materials or unsightly debris or otherwise remedy the condition found in violation on the subject property at the cost and expense of the owner of such property. The owner of the subject property shall be billed the actual cost to the city for such removal or remediation. If the owner of the property fails to reimburse the city for the cost of such removal or remediation within thirty (30) days of the billing thereof, the city manager or his designated agent shall cause a lien to be placed against the subject property for the cost of such removal or remediation together with interest thereon at the rate of twelve (12) percent per annum. Such lien shall be subject to enforcement and foreclosure by the City of Durango through the initiation of an action against the aforementioned owner in a court of competent jurisdiction in accordance with applicable law.

(Ord. No. 1994-1, § 1, 2-1-94)

Editor's note--Section 1 of Ord. No. 1994-1, adopted Feb. 1, 1994, amended § 11-35 to read as herein set out. Formerly, § 11-35 pertained to service of notice of violation and derived from § 8-4 33 of the 1962 Code.

Pursuant to provisions of this Division 2 of Article I of Chapter 11, liability for the failure to remove refuse, rubbish, garbage, trash, solid waste, hazardous materials or unsightly debris from property shall rest solely upon the owner thereof. It shall not constitute a defense to any prosecution under the provisions of this Code that the property is occupied by an individual or individuals other than the owner thereof or that the owner has engaged the services of an agent for purposes of management of said property.

(Ord. No. 1994-1, § 1, 2-1-94)

Editor's note--Section 1 of Ord. No. 1994-1, adopted Feb. 1, 1994, amended § 11-36 as herein set out. Formerly, § 11-36 pertained to remedies and derived from § 8-4-34(A) of the 1962 Code.

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*Cross reference(s)--Junked, wrecked and abandoned property, Ch. 12; streets and sidewalks, Ch. 21; land use and development code, Ch. 27.

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It shall be unlawful for the owners or occupants of commercial, residential or industrial property of all kinds, including undeveloped land, to fail to maintain such property, including alleys, in a clean and litter-free manner. It shall also be unlawful for any person to dispose of litter in a park or other area of public property unless such litter is disposed in receptacles provided for such purpose.

(Code 1962, § 8-4-2)

Cross reference(s)--Deposits and obstructions prohibited in water ways, § 18-51.

It shall be unlawful for any person to sweep litter or debris onto any street, alley or sidewalk from adjacent property.

(Code 1962, § 8-4-3)

Cross reference(s)--Streets, sidewalks and other public places, Ch. 21.

It is unlawful for any person to allow, cause or permit the dumping, deposit, dropping, throwing, discarding or leaving of litter upon any public or private property in the city or upon or into any river, lake, pond or other stream or body of water, or upon or into any roadside, ditch, glade or arroyo within the city unless:

(Code 1962, § 8-4-5)

(Code 1962, § 8-4-7)

It shall be unlawful for any person to deposit any wastepaper, dirt, paper, paper container, metal, metal container, glass, glass container, building and construction materials, grass clippings or any other trash, refuse, garbage or debris upon or in any public street, alley, avenue, public thoroughfare, public building, public park or other public property unless the same is deposited in a container provided for that purpose. Should circumstances warrant that the above materials be removed by the city in the interest of the public health, safety or welfare, a special pick-up charge as provided in Article II, section 20-22 of this Code will be billed to the owner of the property where such illegal accumulations exist. Should the owner fail to pay such bill within thirty (30) days after the billing thereof, the city manager or his designated agent shall cause a lien to be placed against the subject property. Such lien shall be subject to enforcement and foreclosure by the city through the initiation of an action against the aforementioned owner in a court of competent jurisdiction in accordance with applicable law.

(Code 1962, § 8-6-1; Ord. No. 1994-1, § 2, 2-1-94)

It shall be unlawful for any person to deposit any wastepaper, paper, paper container, metal, metal container, glass, glass container, grass clippings or any other trash, refuse or garbage upon the private property of any other person without the express consent of the owner thereof.

(Code 1962, § 8-6-1)

No person shall throw or discharge into any stream of running water within the city any obnoxious substance such as raw sewage, fleshy or vegetable matter which is subject to decay in the water or any garbage, trash, junk or waste material of any kind or nature whether subject to decay or not.

(Code 1962, § 8-7-1)

No person or corporation shall empty or cause to be emptied or allow the emptying or flowing of oil, petroleum or other oleaginous substance into any stream of running water in the city or cause the same to be distributed at such distance that the same may be carried into such waters by natural causes, conduits or any other artificial means.

(Code 1962, § 8-7-2)

It shall be unlawful for any person to permit or suffer to be in or accumulate in, or upon any yard, lot, place or premises or upon any street or sidewalk adjacent to or abutting upon any lot, block, place or premises or in any building or shed owned or occupied by him or for which he may be an agent within the city limits any stagnant water or impure water, refuse, vegetable decay or decaying substance, garbage or filth of any kind, nor suffer such yard, lot, place, building or premises to be or remain in such condition as to cause or create a nuisance or offensive smell or to pollute or render unhealthful the atmosphere of the premises or thereby to be, become, cause or create a public nuisance.

(Code 1962, § 8-6-3)