Colorado § 16-13-309 - Judgment - relief.

§ 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: L. 72: R&RE, p. 263, § 1. C.R.S. 1963: § 39-13-309. L. 81: (2) amended, p. 956, § 5, effective July 1. L. 83: (2) amended, p. 684, § 4, effective July 1. L. 87: (1) and (2) amended, p. 636, § 7, effective July 1.

ANNOTATION

Law reviews. For article, "State and Federal Forfeiture of Property Used in Criminal Activity", see 11 Colo. Law. 2597 (1982).

Annotator's note. Since § 16-13-309 is similar to repealed laws antecedent to CSA, C. 1, §§ 3 and 7, relevant cases construing those provisions have been included in the annotations to this section.

The purpose of this section is to abate the nuisance by stripping the house of its furniture and fixtures and selling them at sheriff's sale to pay the costs, closing the house against all purposes for one year, and permanently enjoining the owner from permitting such future use of his premises. Gregg v. People, 65 Colo. 390, 176 P. 483 (1918).

Injunction may order the closing of the property. In an action brought against an occupying tenant of property to abate a nuisance, an injunctive order and decree closing the property would be valid, although the owner was not made a party to the action. Gaskins v. People, 84 Colo. 582, 272 P. 662 (1928).

Forfeiture of property dates from the time of seizure, not from entry of the order under this section. United States v. Wilkinson, 686 P.2d 790 (Colo. 1984).

No one-year closing of property determined to be a public nuisance is required prior to forfeiture or sale of the property. People v. 21020 Colo. Highway 74, 791 P.2d 1189 (Colo. App. 1989).