Chapter 9.80

ABATEMENT OF NUISANCES

Sections:
9.80.010 Definitions.
9.80.020 Unlawful condition on property-Responsibility.
9.80.025 Unlawful condition of right-of-way.
9.80.030 Method of abatement.
9.80.040 Initiate legal action in court.
9.80.050 Abatement procedure.
9.80.060 Show cause.
9.80.070 Summary abatement authorized.
9.80.080 Notice.
9.80.090 Costs and charges.
9.80.100 Right of entry.
9.80.110 Cumulative remedies.
9.80.120 Concurrent remedies.
9.80.130 Affirmative defense.
9.80.140 Towing.
9.80.150 Declared nuisances.

9.80.010 Definitions.
As used in this chapter:
"Acceptable cover" Acceptable cover shall be defined as desirable plant species present and sustaining themselves on a lot or tract of land to the extent that it covers two-thirds of the lot or tract of land given to vegetation.
"Desirable plant species" Desirable plant species shall include the following species of grasses, shrubs and forbs.
Grasses
- All perennial species (Poa genus) of bluegrass including but not limited to varieties of Kentucky, Canada, and Fendler
- All perennial species of bentgrass (Agrostis genus)
- All perennial species of ryegrass (Lolium genus)
- All perennial species of fescues (Festuca genus)
- Alkaligrass (Puccinellia genus)
- All species of bluestem (Andropogon genus)
- All species of bromegrass (Bromus genus)
- Buffalograss (Buchloe genus)
- All perennial species of grama grass (Bouteloua genus)
- Indiangrass (Sorghastrum genus)
- Needlegrass (Stipa genus)
- Indian ricegrass (Oryzopsis genus)
- All species of Lovegrass (Eragrostis genus)
- All species of Orchardgrass (Dactylus genus)
- Switch grass (Panicum genus)
- All species of wheatgrass (Agropyron genus)
- Alkali Sacaton (Sporobolus genus)
- Muhly grasses (Muhlenbergia genus)
- Timothy grass (Phleum genus)
Forbs and Shrubs
Pure stands of shrubs and/or forbs will generally not provide sufficient cover for a site to preclude the establishment of undesirable plants. Forbs and shrubs must be a component of acceptable cover which will include presence of the grass species previously listed.
- Antelope Bitterbrush
- Arrowleaf Balsamroot
- Aspen Daisy
- Blue Lupine
- Buffaloberry
- Chokecherry
- Fringed Sage
- Golden Banner
- Kinnikinnick
- Kochia, prostrate
- Lewis Blue Flax
- Louisiana Sage
- Mountain Mahogany
- Mountain Snowberry
- Oregon Grape
- Penstemon: Palmer and Rocky Mountain
- Prairie Coneflower
- Purple Prairie Clover
- Rubber Rabbitbrush
- Sagebrush, Big, Big Wyoming, and Mountain
- Saltbush: Fourwing, Gardner, and Shadscale
- Scarlet Globemallow
- Serviceberry
- Showy Goldeneye
- Silver Sage
- Skunkbush
- Small Burnett
- Utah Sweetvech
- Winter Fat
- Woods Rose
- Yarrow
"Director" is the Director of Community Planning and Development or his designee.
"Junk" is:
1. Iron, brass, copper, tin, lead or other base metals; ropes, rags, fibers or fabrics; old bottles or other glass; rubber or rubber products; machinery, motor vehicle parts, inoperable/unlicensed trailers and inoperable/unlicensed motor vehicles as defined herein; tools, appliances, fixtures, lumber, unstacked firewood, utensils, cartons, containers, pipe and pipe fittings, conduit and conduit fittings; wastepaper; or other waste or discarded goods;
2. An inoperable/unlicensed motor vehicle is a motor vehicle which is inoperable, or does not have a current license plate, or which lacks one or more of the following items which is otherwise standard factory equipment on any particular vehicle model:
windshield
side or rear window
door
fender
headlamp
muffler
wheel
properly inflated tire
3. An inoperable motor vehicle is one that is not capable in its present condition of being promptly started and driven under its own power.
4. An inoperable/unlicensed trailer is a trailer which is inoperable due to a flat tire, lack of a wheel, lack of structural integrity, lack of a current plate, or other similar reasons which render it inoperable.
Nuisance" is a substance, act, occupation, condition or use of property which is of such nature and continues for such length of time as to:
1. Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or
2. In any way render the public insecure in life or in the use of property; or
3. Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway or other public way.
4. Constitute a failure to maintain detention ponds, drainageways, landscaping, lighting, trash enclosures, signage, retaining walls, irrigation systems, screening, fencing, parking lots, private driveways and streets and other conditions of private property in accordance with the provisions of a rezoning, plat, official development plan, fencing or landscaping plan, site plan, design standards, permit, or any other land development document approved by the City.
In all cases where no provision is made defining nuisances and how the same may be removed, abated or prevented, in addition to what may be declared such herein, those offenses which are known to the common law of the land and statutes of Colorado as nuisances may, in case the same exist within the city, be treated as such and proceeded against as provided in this article, or in accordance with any other provision of law.
"Person" means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or any of their managers, officers or employees.
"Public view" means an observation from any location exterior to the property.
"Rubbish" includes, but is not limited to, all solid and liquid waste and litter, whether combustible or noncombustible, and includes but is not limited to ashes, cans, paper, rags, fiber, refuse, fabric, wrappings, cigarettes, cardboard, yard clippings, leaves, dead plant material, branches, wood, waste-building materials, glass, crockery, abandoned or unsafe household furnishings and appliances, discarded clothes or wearing apparel, carcasses of dead animals and other like materials, and animal feces.
"Storage" is maintaining or allowing an item to remain unused or unmoved on the property for ten days. (Ord. O-2002-30 § 1, 2002; Ord. O-98-20 § 1, 1998; Ord. O-97-41 § 1, 1997; Ord. O-94-78 § 1, 1994; Ord. O-93-1 § 1 (part), 1993).

9.80.020 Unlawful condition on property-Responsibility.
A. It is unlawful for any person having or being entitled to the possession of any real estate or leasehold, residence, apartment building, tenement, store, building or premises within this city, or any part thereof, to permit or allow:
1. The existence or storage of junk or rubbish or a nuisance upon any such premises, or part thereof, or on the sidewalk or the alleys abutting such premises, except as otherwise provided in this section;
2. The growth of weeds or grass in excess of six inches upon a tract or lot occupied by a habitable structure, or twelve inches upon a tract or lot without a habitable structure or in irrigation and drainage ditches. However, if the species composition is such that the site is at least two-thirds covered with a pure or mixed stand of acceptable cover and desirable plant species as defined in Section 9.80.010 and does not result in a safety hazard or other hazard, such as causing limited sight distance, the vegetation is exempt from the height limitations.
Additionally, height limitations do not apply to flower gardens, xeriscape gardens, vegetable gardens, plots of shrubbery, grain plots, pastures used for feed, fodder, or forage; or city-owned developed, undeveloped, or open space or parks; or in situations where slope stabilization or erosion control is the purpose of the planting or vegetation; or on any city or privately owned tract where the property is managed to maintain a xeriscape treatment.
Any person wishing to deviate from the six-inch or twelve-inch height limitation through use of acceptable cover and desirable plant species shall apply for a permit from the Department of Community Resources. Approval of the permit will be based upon the density and type of plant species covering the property, as set forth in this Chapter.
3. Notwithstanding anything to the contrary, noxious plants or designated undesirable plants as defined in Section 35-5.5-101, et seq., 14 C.R.S. (1984) shall be mowed to a height no greater than six inches if located within one hundred feet of a habitable structure or twelve inches if located farther than one hundred feet from a habitable structure.
B. Motor Vehicle Parking.
1. It shall be unlawful to park Inoperable/unlicensed motor vehicle in the front yard. Up to two inoperable/unlicensed motor vehicles may be stored or parked outside provided such vehicles are stored or parked only in the side or rear yard and effectively screened from ordinary public view by means of a solid fence or if covered with an opaque fitted cover made for the express purpose of covering a motor vehicle. Such storage or parking areas shall be kept free of weeds, rubbish, and other waste items.
2. No more than fifty percent of the rear yard or side yard shall be used for such storage or parking. If the side yard is less than eight feet wide, the storage or parking of such vehicles in said side yard is prohibited.
3. The outside storage or parking of inoperable/unlicensed motor vehicles shall be limited to no more than a total of two vehicles per lot or tract of land or abutting lots under single ownership.
4. This subsection (B) of this section shall not apply to any property zoned office or commercial nor any Planned Development District whose use or uses are similar to an office or commercial zoned district.
5. (a) It shall be unlawful to park or store Inoperable/unlicensed vehicles outside in multiple household dwelling units.
(b) Multiple Household Dwelling Unit is defined as: a building designed for occupancy by three (3) or more households living in separate dwelling units, but not including motels or hotels. Said dwelling units may be stacked flats, one above the other, or side by side connected by one or more common walls. The land underneath the structure is not divided into separate lots. Multiple household dwelling units includes structures commonly called garden apartments, apartments, stacked flats, and condominiums.
6. Inoperable/unlicensed trailers shall not be stored or parked outside on private property, unless otherwise allowed by ordinance.
C. Storage in Buildings. This section shall not apply to enclosed structures or as otherwise provided by law, except as provided in Section 9.80.150(C).
D. Each day of continuing violation shall be deemed a separate violation. (Ord. O-2002-30 § 2, 2002; Ord. O-97-41 § 2, 1997; Ord. O-94-78 § 2, 1994; Ord. O-93-1 § 1 (part), 1993).

9.80.025 Unlawful condition of right-of-way.
It shall be the responsibility of the owner, agent, or lessee of any real property abutting a public right of way to provide landscape maintenance including, but not limited to, mowing of all right of way area between the property line and the curbline or edge of roadway or right-of-way. The vegetation in said area shall be maintained to the same levels required under Chapter 9.80. (Ord. O-97-41 § 3, 1997).

9.80.030 Method of abatement.
In order to abate or remove any weeds, junk, rubbish, or nuisance, the city may elect to:
A. Initiate legal action in Lakewood Municipal Court or Jefferson County District Court; or
B. Cause abatement or removal by means of a notice and demand pursuant to Section 9.80.050; or
C. Cause abatement or removal by means of an Order to Show Cause pursuant to Section 9.80.060. (Ord. O-93-1 § 1 (part), 1993).

9.80.040 Initiate legal action in court.
If the city elects to initiate legal action in Lakewood Municipal Court or Jefferson County District Court, notwithstanding Section 9.80.050, no prior notice regarding the abatement or removal need be given to the defendant. (Ord. O-93-1 § 1 (part), 1993).

9.80.050 Abatement procedure.
The City shall give notice, as set forth in Section 9.80.080, that weeds, junk, rubbish or nuisance must be abated. If such weeds, junk, rubbish or nuisance are not removed or abated as required in the notice, or if an appeal to the Director has not been commenced within the seven (7) days stipulated therein, the Director is authorized and empowered to:
A. Cause such weeds, junk, rubbish or nuisance to be removed or abated and assess the costs as a lien against the property as stated in Section 9.80.090; or
B. Issue a show cause order as set forth in Section 9.80.060.(Ord. O-97-39 § 1, 1997; Ord. O-93-1 § 1 (part), 1993).

9.80.060 Show cause.
A. If the owner or occupant shall fail to eliminate weeds, junk, rubbish or nuisance after receiving notice to do so, and the Director chooses to issue a show cause order, the Director shall give written notice to the owner or occupant or lessee or any party in interest, as determined from the records of the County Clerk and Recorder, to appear at a hearing before the City Manager or his designee on a specified date to show cause why conditions complained of should not be removed or eliminated.
B. The notice to show cause referred to in subsection (A) above shall be specific as to the condition of rubbish, weeds, junk or nuisance or other violation, shall state that the owner's property may be subject to assessment for all costs associated with removal or elimination by the City of the stated conditions, and shall be served on the necessary parties personally or by mail. In addition, a copy of the notice of hearing shall be posted in a conspicuous place on the premises where the rubbish, weeds, junk or nuisance are found to exist. No further notice shall be necessary.
C. At the hearing referred to in subsections (A) and (B) above, the City Manager or his designee shall hear such statements and consider such evidence as the Director, or other enforcement officers, the owner, occupant, lessee, or other party in interest, or any other witness shall offer relevant to the existence of and removal or elimination of the weeds, junk, rubbish or nuisance. The hearing officer shall make findings of fact from the statements and evidence offered as to whether the conditions complained of exist and must be eliminated. If the hearing officer determines that weeds, junk, rubbish or nuisance do exist, and must be removed or eliminated, he shall issue an order based on the findings of fact within seven (7) days of the hearing directing the owner or occupant or lessee or any other party in interest to remove or eliminate said weeds, junk, rubbish or nuisance.
D. The order of the hearing officer made pursuant to subsection (C) above, shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4). Failure of a party in interest to timely appeal said order constitutes a waiver by him of any right he may otherwise have to contest the city's right to eliminate or remove the weeds, junk, rubbish or nuisance from his property, and charge the resulting costs against him and/or the property.
E. If an order issued by the hearing officer has not been complied with within thirty days after its issuance, the city at the discretion of the City Manager or his designee may cause the elimination or removal of the rubbish, weeds, junk, or nuisance. (Ord. O-97-39 § 2, 1997; Ord. O-93-1 § 1 (part), 1993).

9.80.070 Summary abatement authorized.
A. Each and every condition of rubbish, junk, weeds, or nuisance mentioned, declared or defined by any ordinance of the city is prohibited, and the City Manager, Police Chief or their designee is authorized, in his discretion, to cause the same to be summarily abated in such manner as he may direct subject to the limitations of subsection (B) of this section.
B. Upon authorization by the City Manager, Police Chief or their designee, if any rubbish, junk, weeds, or nuisance is a cause of imminent danger to the public health, safety or welfare, any such rubbish, junk, weeds or nuisance may be summarily abated by action of the City Manager, Police Chief, or their designee, and costs of abatement shall be charged to the landowner. Action for summary abatement shall be taken only where the City Manager, the Police Chief, or their designee determines that there is imminent danger to the public health, safety or welfare which cannot await abatement by any other means available under this chapter.
C. Notwithstanding anything to the contrary in this Chapter 9.80, the collection of abatement costs and method of appeal shall be pursuant to the following procedure:
1.  After abatement, the City shall send a Notice and Demand for Payment by certified mail to the last known address of the property owner. The Notice and Demand for Payment shall state the reason for the Notice and Demand, the date that abatement of the property occurred, and the amount of the costs of abatement owed by the property owner.
2. The Notice and Demand for Payment shall state, and it shall be the law, that the property owner may appeal the Notice and Demand for Payment by filing a request for an appeal within fourteen (14) days of mailing of the Notice and Demand for Payment. Requests for appeal shall be filed with the City Clerk. Appeals shall be heard by a hearing officer duly appointed by the City. Appeals from decisions of the hearing officer shall be to Jefferson County District Court.
3. Payment of the amount set forth in the Notice and Demand for Payment shall be made to the City within thirty (30) days of mailing the Notice and Demand for Payment or such time as any appeal reaches final judgment. Failure to pay the amount owed in the time specified shall result in the amount owed being certified to the Treasurer of Jefferson County, and said amount owed shall be collected in the same manner as a real estate tax upon the property. The City may collect said amount in an action at law. (Ord. O-2009-5 § 1, 2009; Ord. O-93-1 § 1 (part), 1993).

9.80.080 Notice.
A. Any person in violation of this chapter shall be given written notice of such fact, unless the City initiates an action in Lakewood Municipal Court or Jefferson County District Court, by the Director posting such notice on the property in a conspicuous place, directing the removal of weeds, junk, rubbish or nuisance. The date of posting of the notice by the City shall be included in the notice. A true copy of such notice shall also at the same time be mailed to the owner of such property as of that date as shown upon the tax rolls of Jefferson County, Colorado, at the address of such owner as therein shown. The notice shall inform the addressee that if such weeds, junk, rubbish or nuisance are not removed within seven (7) days of the date of the posted notice, or if a notice of appeal in writing is not filed with the Director within seven (7) days of the posted notice, the Director can cause such weeds, junk, rubbish or nuisance to be removed, and assess the costs of such removal as a lien against the property (describing the same) pursuant to the terms of this chapter. The notice shall further state, and it shall be the law, that costs and charges relating to the removal of weeds, junk, rubbish or nuisance shall be assessed as set forth at Section 9.80.090. A reasonable extension of time to effect such removal may be granted by the Director.
B. Any appeal filed with the Director shall be heard within thirty (30) days after receipt of appellant's notice of appeal. The hearing shall be conducted as set forth in Section 9.80.060(C) through (E). (Ord. O-97-39 § 3, 1997; Ord. O-93-1 § 1 (part), 1993).

9.80.090 Costs and charges.
A. The person or persons responsible for any weeds, rubbish, junk or nuisance within the city shall be liable for and pay and bear all costs and expenses of the abatement of the same, including reasonable attorneys' fees for costs of collection, which costs and expenses may be collected by the city in any action at law, or collected in connection with an action to abate a nuisance, or assessed against the property as hereinafter provided.
B. The notice required in Section 9.80.080 shall state, in addition to the requirements of that section, that if the weeds, rubbish, junk or nuisance are not abated or removed within the time stated in the notice, the cost of such abatement or removal, together with an additional administrative fee of at least one hundred eight dollars ($108.00) for inspection and incidental costs, shall be assessed as a lien against the property pursuant to the terms of this chapter, and collected in the same manner as real estate taxes against the property. The notice shall further state that if the cost of abatement or removal plus the administrative fee for inspection and incidental costs is not paid to the city within thirty days, the amount owed will be certified to the Treasurer of Jefferson County as set forth in subsections (D) and (E) of this section, and an additional amount of at least one hundred eight dollars ($108.00), for a total administrative fee of at least two hundred sixteen dollars ($216.00), will be assessed for administrative and other incidental costs incurred in certifying said amount to the county.
C. The Director shall mail a notice to the owner of the premises as shown by the tax roll, at the address shown upon the tax rolls, notifying such owner that work has been performed pursuant to this chapter, stating the date of performance of the work, the nature of the work and demanding payment of the costs thereof (as certified by the City Manager or his representative), together with an administrative fee of at least one hundred eight dollars ($108.00) for inspection and other incidental costs in connection therewith. Such notice shall state that if said amount is not paid within thirty days of mailing the notice, it shall become an assessment on and a lien against the property of the owner, describing the same, and will be certified as an assessment against such property, together with an additional fee of at least one hundred eight dollars ($108.00), for a total administrative fee of at least two hundred sixteen dollars ($216.00), for administrative and other incidental costs incurred in certifying said amount to the Treasurer of Jefferson County, and the above-mentioned assessments will be collected in the same manner as a real estate tax upon the property.
D. If the Director does not receive payment within the period of thirty days following the mailing of such notice, the Director shall subsequently certify to the Treasurer of Jefferson County the whole cost of such work, including the administrative fee of at least two hundred sixteen dollars ($216.00) which is the total amount owing for inspection costs, administrative costs and other incidental costs in connection therewith, upon the lots and tracts of land upon which the nuisance was abated. The Treasurer of Jefferson County shall collect the assessment in the same manner as other taxes are collected.
E. Each such assessment shall be a lien against each lot or tract of land until paid and shall have priority over other liens except general taxes and prior special assessments.
F. The minimum amount of such inspection, administrative and incidental costs which shall be certified to the Treasurer of Jefferson County as an assessment shall be two hundred sixteen dollars ($216.00).
G. The amount of such inspection, administrative and incidental costs which shall be certified to the Treasurer of Jefferson County as an assessment for a second violation on the same property within a time period of twenty-four months may be up to three hundred fifty-two dollars ($352.00).
H. The amount of such inspection, administrative and incidental costs which shall be certified to the Treasurer of Jefferson County as an assessment for a third violation or more on the same property within a time period of twenty-four months may be up to five hundred fourteen dollars ($514.00).
I. Not withstanding the foregoing, any person or persons responsible for any weeds, rubbish, junk or nuisance which has been removed or abated by the city, and for which the person or persons have paid the city the costs of removal or abatement, shall be subject to an inspection and administrative charge of one hundred sixty-two dollars ($162.00) for a second violation of this chapter within twenty-four months, in addition to the costs of removal or abatement. A third violation within twenty-four months shall subject the person or persons to an inspection and administrative charge of two hundred seventy dollars ($270.00), in addition to the costs of removal or abatement.(Ord. O-2004-47 §§ 10-16, 2004; Ord. O-2003-32 §§ 10, 11, 12, 13, 14, 15, 16, 2003; Ord. O-2002-40 § 1, 2002; Ord. O-94-78 §§ 3, 4, 1994; Ord. O-93-1 § 1 (part), 1993).

9.80.100 Right of entry.
A. It is lawful for the Director or his designee or a police officer or code enforcement officer to go upon private property for enforcement of this chapter if:
1. Emergency conditions dangerous to the public health, safety or welfare exist;
2. The Director or police officer or code enforcement officer has obtained a search warrant or entry warrant;
3. The Director or police officer or code enforcement officer has obtained the consent of the person in possession of the property.
B. A judge of the Lakewood Municipal Court shall have power to issue an entry warrant for the abatement of a nuisance only on an affidavit sworn to or affirmed before the judge and relating facts sufficient to:
1. Identify or describe, as nearly as possible, the premises to be entered; and,
2. Establish probable cause to believe that:
a. A notice of a violation of Chapter 9.80 has been provided to a property owner or occupant of real property and the owner or occupant has not appealed the notice within the time allowed; or
b. A Lakewood administrative hearing officer has found property to be in violation of Chapter 9.80 and that finding has been appealed within the time allowed.
C. The affidavit required by this section may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before issuance of the entry warrant. A copy of the affidavit for an entry warrant shall be attached to the entry warrant filed with the court.
D. If the judge is satisfied that grounds for the application of the entry warrant exist, or that there is probable cause to believe they exist, the judge shall issue a warrant identifying the property to be entered. The warrant shall be directed to any city police agent or code enforcement officer. It shall state the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof. It shall command the officer or agent to enter upon the property specified. The entry warrant may be served at any time.
E. The entry warrant may be executed and returned only within ten days after its date. The officer or agent executing this entry warrant shall give to the person whose property was entered a copy of the warrant and a receipt for any property taken or shall leave the copy and receipt at the place entered.
F. This section shall not require the issuance of a warrant for emergencies as set forth in the Lakewood Municipal Code or in any other case where warrants are not required by law. (Ord. O-2001-50 § 1; 2001; Ord. O-93-1 § 1 (part), 1993;).

9.80.110 Cumulative remedies.
No remedy provided herein shall be exclusive, but the same shall be cumulative, and the taking of any action hereunder, including charge or conviction of violation of this chapter in the municipal court of the city, shall not preclude or prevent the taking of other action hereunder to abate or enjoin any nuisance found to exist. (Ord. O-93-1 § 1 (part), 1993).

9.80.120 Concurrent remedies.
Whenever a nuisance exists, no remedy provided for herein shall be exclusive of any other charge or action, and when applicable the abatement provisions of this chapter shall serve as and constitute a concurrent remedy over and above any charge or conviction of any municipal offense or any other provision of law. Any application of this chapter that is in the nature of a civil action shall not prevent the commencement or application of any other charges brought under the municipal ordinances or any other provision of law. (Ord. O-93-1 § 1 (part), 1993).

9.80.130 Affirmative defense.
It is an affirmative defense to a charge of storage of junk or rubbish if the zone district where such junk or rubbish is stored allows for such use. (Ord. O-93-1 § 1 (part), 1993).

9.80.140 Towing.
The towing, storage and sale of any junk motor vehicle, as defined herein, shall be subject to the public tow provisions for abandoned motor vehicles, pursuant to Section 42-4-1601, et seq., 17 C.R.S. (1984).
A. Any section of the Colorado Revised Statutes in conflict with this chapter is superseded by the ordinance codified in this chapter.
B. At the time of towing and storage, the city shall perform an inventory search of the vehicle.
C. The Director shall have the power to adopt rules and regulations for implementation of the towing and storage of junk motor vehicles by the city.
D. Nothing in this chapter shall affect the right of a private land owner to request that a junk motor vehicle be towed from his/her property pursuant to the private tow provisions of Section 42-4-1605, 17 C.R.S. (1984). (Ord. O-94-78 § 5, 1994; Ord. O-93-1 § 1 (part), 1993).

9.80.150 Declared nuisances.
The following matters are declared to be nuisances:
A. Compost. It is unlawful and constitutes a nuisance for any person to maintain a compost pile which substantially annoys, injures, or endangers the comfort, health or safety of the public. Such annoyance includes, but is not limited to, strong offensive odors or the presence of mice, rats or other vermin.
B. General Flood Hazard Area. It is unlawful and constitutes a nuisance for any person to obstruct any flood hazard area of the city as defined by ordinances of the City of Lakewood.
C. Interior of Structure. It is unlawful and constitutes a nuisance for any person to allow junk or rubbish to accumulate inside a residence or other structure to the extent it is a health and safety hazard to the occupants or the public.
D. Polluting Storm Sewers. It is unlawful and constitutes a nuisance to pollute a municipal storm sewer as such violation is defined in Chapter 13.14 of this code.
E. Offensive and Dangerous Businesses or Trade or Condition.
1. Any business where people congregate, which tolerates or permits a disturbance of the peace, or where the conduct of persons in or about that place is such as to disturb the peace of the occupants of or persons attending such place, or the residents in the vicinity, or the passersby on the street, highway or sidewalk, constitutes a nuisance.
2. Any business which tolerates or permits illegal gambling, unlawful use of drugs, narcotics or alcohol, unlawful sale or distribution of drugs, narcotics or alcohol, solicitation for prostitution or traffic in stolen property, constitutes a nuisance.
3. In no event shall conviction of a crime involving the enumerated types of conduct be necessary to support a finding that such types of conduct have taken place.
F. Scattering Debris. Dumping, throwing, placing or allowing any rubbish, junk, cans, boxes, debris, grass clippings or other waste materials on any public place in the city is a nuisance and is prohibited. Dumping of waste materials in a public area specifically designated by order of the City Manager or his designee in compliance with such regulations the City Manager may direct shall not be deemed a violation of this section.
G. Violations of Codes or Ordinances. It is unlawful and constitutes a nuisance for any person to maintain any property or building or any other structure in the city in a condition which is in violation of the codes or ordinances of the city.
H. Stagnant Water. Contaminated or Impure Well or Cistern.
1. Any well or cistern on any property within the limits of the city, whenever a chemical analysis or other proper test shows that the water of the well or cistern is contaminated, impure or unwholesome, or where the location of the well or cistern is dangerous, is a nuisance.
2. Every owner, tenant, occupant, lessee or other person in possession of any premises or any part thereof, upon which there is located a well containing contaminated, impure or unwholesome water, shall abandon the use of the same, and cause the same to be filled with earth or such other material as may be designated by the City Manager or his designee.
I. Obscenity. Any activity which takes place in or on any structure shall be deemed a nuisance and prohibited when such structure is:
1. Used to promote or display with intent to promote or display obscene material or obscene performances;
2. Used as a public or private place of prostitution;
3. The definition of "obscene" is that found at Section 18-7-101, 8B C.R.S. (1986).
J. Failure to Maintain Site. It shall be unlawful and shall constitute a nuisance for any person to fail to install or maintain any detention ponds, drainageways, landscaping, lighting, trash enclosures, signage, retaining walls, irrigation systems, screening, fencing, parking lots, private driveways and streets and other conditions of private property required to be installed and maintained through the provisions of a rezoning, plat, official development plan, fencing or landscaping plan, site plan, design standards, permit or any other land development document approved by the City. (Ord. O-98-20 § 2, 1998; Ord. O-93-1 § 1 (part), 1993).

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