Dolores, Colorado AGENDA  TOWN OF DOLORES COLORADO BOARD OF TRUSTEES MEETING/WORSHOP OCTOBER 24TH, 2022, 5:30P.M.  THE MEETING WILL BEI HELD AT1 TOWN HALL 420 CENTRAL AVENUE.  IF YOU WISH1 TO ATTEND VIRTUALLY, PLEASE VISIT THE TOWN' WEBSITE UNDER GOVERMMENTTOWN  BOARD MEETING FOR THE ZOOM LINK ntps/townofdolores.colorado.gov  WORKSHOP: 5:30 P.M. THROUGH 6:30P P.M: Includes dinner  1. Dolores Community Center-Presentation by Community Center Board Members Shawna Valdez and 2. Galloping Goose-Discussion regarding transfer of ownership of Galloping Goose #5 to the Galloping  Ed! Merritt followed by discussion. Goose Historical Society. BOARD MEETING: 6:30P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL:  4.ACTION/APPROVAL OF1 THE AGENDA  5. IDENTIFICATION OF ACTUAL OR PERCEIVED CONFLICTS OF INTEREST.  6. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during a Public Hearing. Each Person will have 51 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or bys submitting your comments, via email, to the Town Clerk at amnyetowpodoorescon  any time before the dated Board meeting.  1    7.STAFF REPORTS: 7.1 Manager 7.2 Attorney  8. EXECUTIVE SESSION: To discuss the purchase, acquisition, lease, transfer, or sale of real personal, or other property interest under C.R.S SECTION 24-6-402(4)A);S specifically, discussion on 601 Central  Avenue contract. 9. PUBLICI HEARINGS:  10. DISCUSSION/ACTION ORDINANCE AND RESOLUTIONS  10.1 Discussion for a proposed ordinance only: Title 8-Health and Safety Chapter8.04, proposed 10.2 Discussion/Possible Resolution R507 Series 2022: Authorizing the Town to close a contract to  changes for discussion, as presented.  purchase real property located at 601 Central Avenue. 11. ADMINISTRATIVE BUSINESSAND PRESENTATIONS  11.1 Discussion/Action: Letter of recommendation Colorado Parks and Wildlife OHV Grant. 11.2 Discussion/Action: Parks/Playground Advisory Committee recommendation to move forward  witht the. JRP Park plan from Logan Simpson.  12. FUTURE. AGENDAS:  12.1 Discussion: November and December meetings  13. TRUSTEES REPORTS AND ACTIONS:  14. ADJOURN ATTACHMENTS:  Joe Rowell Park Questionnaire Galloping Goose documentation Letter of support Dolores Ranger District CDOT Southwest Projects  2    Dolores, Colorado) Est. 1900  Manager's Update Dolores Colorado  To: From: Dt: RE:  MAYOR AND TRUSTEES Ken Charles, Dolores Town Manager October 24, 2022 Meeting Information Update  Monday/s Town Board Meeting  On the agenda for our regular meeting Monday October 24, 2022:  We willl be considering al Resolution authorizing the town to close a contract for real property at 601 We will review aj proposed ordinance to amend thel Municipal Code as it pertains to the CURRENT NUISANCE ORDINANCE WITH PROPOSED CHANGES. This will be for discussion only. Please We will discuss November and Deçember town board meeting dates in conjunction with the upcoming Wel have scheduled an Executive Session: regarding the purchase of property at 601 Central Avenue. We will hear about the Parks Committee's motion making ai recommending to the town board to approve the Logan Simpson Draft plan for. JRP and consider thel First Phase of projects. In thej packet is CDOT report about upcoming road improvement projects. November Board & Workshop meetings: November 14 &28  Central.  read the draft prior to thei meeting.  holidays.  Upcoming Events P&Z: meeting: November1 Parks Committee meeting: November 10  October 31: Mayors, Commissioners, Managers breakfast meeting 8:00 am Dolores Community Center  October 21: CDPHE Vaccine Bus was at Flanders Park noon to 6:00 pm  Thel last Farmers Market is Wednesday October 26.  420 Central Ave, POI Box 6301 Dolores, CO.81323 Ph.970-882-7720: fax. 970-882-7466 https:!! owpoldolorscolondogow    PROJECT PIPELINE  6e  ADOPTED MAY 2020 JUPDATE ADOPTED SEPTEMBER 2022  SOUTHWEST PROJECTS Highway Transit - Region5 US241 intenectiani provement thi Auenal Vita luena Vital fwhnlide andi intermodell faciy Us5Dandus 2351 Intenection! Neconstruction 50Corridor foncha! Spring Ouridera mev atPanche Sering Salidal anh Capial us50 215 Action Outrider mprovements a Hacervlle, Ridpves and Pelluride ust 1601 bwoc Pasiglanes 851 Cekk Majors Struchre Replacement U51 10Mitinodal inprovements inAlanosa Alamaa) Mnsk Center Us! 0imtelllget Hanspartations Snters (TSi infrastructure Us Mofinonse Comer East us 16CandCRz ns Intersectioni improvements us1 10andliedral Roedintersectien! krprovements Us 10EaE offort Garlands Salery andy Widtie Mayation uss 1obetweenk Hew Merts aAC Grek hgaas Spring" Mains Street Reconatructin andm ctimodal iproveents Pagosas Sprp/Archletat County Multimoda? Facliy Bustang Outriders Service brtween fagosas Sprinp andD Durang Widilek Miigalione onus1 16Obetveen Cortet andp Durryt (near CR3 sa1 Itenectiona imprevenents atu US1 160a andPhe Enue Itenection provements atuS1 10anfcR3 0.1 Phs Wald 1sz 7855 afelya and Mobllayh bmproverments! betweent Cantare onds Sapuache  Aect   other Funded Funded  ect ry1n NV2328 Nvz. SAN $1.0IM S39M 3147M SM SACK Sa4M $3.SM $a2SH SM $4.777M SM ZIM SIDM $74M S491M pMpra mspne ben Mdwbyachr $1419M $1.128M $19271 S13M S1M $1AM S2.M SLIM SIA 51.5M $025M $204M S130EM $0.75 SGN $A.20M $24M sIasA 512QM $2.0M S5M SM SasM $.17M S1SM $I2M SAM SZM SIOM $42M SO.6EM $2.7M S04M SIM 510.38M $16M 514.57M $10.38M 515M in 2022.  SM S4M S1O4M SLOAM $5.37M SIM SOK M SAM S.SM 025M SASM SM M 71.45M SASM $A1A $4.747M 52.A $45M $21M SM SM M S15M 125M $6.25M M $33.AM $0.75M 50.75 SE6M SLEM 5135M SI07M 53751M $22,5M S45M SASM SM $0.5M $7.17M 512M S1BM SA.75M SOM $154M $15AM SM S1OM $42M M $J3EM 504M $04M 52.5M 51.8M $10.1M $16M $16M $5.7M $1057M 5103EM $10.38M 51.SM Biennedfore  z6s  Outider us 2151 US us1 106 Connection VS: we us: o My Creek Salety Durmgn n Capitall provement Co 15Westo ofua Jan Horthea sanu w Villcy) hnR Service cO1 17Westol of Antankto cO1 17Surface estment a Widening! Hoopert tUS2IS Anction co Crosstg inCenter co1 114U5S0Eart Co Jare co 1415 Sdrock andco 14SRedvele co1 1417 oNatutta provementsy an C016 Outrider Co 1459 East Co149North ofCrerde C0151b betweenk necie andus 160 cor 1721 brtweentlew Mexico tolgracio cos 370betweend cO 1Sandcozs Gomplews.  a Jirseny VHage. Nolls andM Mamsaaa  Mans Suate SouthRosdway Moblny Salety and lly Creek  Ins Sapache  7 pa 1133 1345 753  0 GH ZA1 12 77 171 m a 245 212 971  D Durmg, Mancas, Cortez, Dolares, andRice  SMNRT Purdhase afbisting! Real Pmupertyf forA Adnik Maintenance Facliky  Curentiyundere cmtnuctiwapoprs.  EHighway 1 TTt - RP:RurPang  LEARN MORE YPcodotgov I YTPestatecous  21    PROJECT PIPELINE  ADOPTED MAY 2020JUPDATE ADOPTED SEPTEMBER 2022  SOUTHWEST PROJECTS Highway 6 Transit - Region5 co3h berwern co1 15andcoss Advancing mhnportations Salety Intenectiona andledestriank Improvements ato 00z91 ReglonalT Thnks Serviceb Montrses andlelluride  Pralect  other  Tunded Panned Pdert Plarning Fva rasss ryz. Su Pryectip .3M SI.SM $7M 52.12M  $1M $3M SLSSM SMSM SIM $7M $212M $2-12M  2412 2 2979  Campletad 22  Cumently under comsnuciemhnpivyes  Plannedfore coratructionh 2012  HIay 1 PISK IPR RrkPavg  LEARN MORE YTPcodotgov - YTPpstatecous    COLORADO Department  October 2022  CDOT  of Transportation  05  SWTPR- RECENTLY COMPLETED PROJECTS  US 550 and 30th Street Durango RRFB-22810  Budget: $310k Funding: MMOF Awarded: Morton Electric, Inc.  This project was located on US 550, North Main Avenue, in the City of Durango in La Plata County. Ap pedestrian crossing was constructed between 29th and 30th Streets. The crossing is outfitted with a crosswalk, ADA curb ramps, a pedestrian refuge island and a Rectangular Rapid Flashing Beacon (RRFB). This project has addressed the lack ofs safe pedestrian crossings and transit stop accessibility ini the North Main corridor. Work at this location began in May 2022 and was completed in September  2022.  Region5 5F Projects Ali, Jan 2021:SH550830TH - X STD DURANGO RRFB- Companio ADDara EE BMP Conay EMP A Cther Fierty Froj.Dese Frsj.iame Reute  Jura13022 23,10 1023 23.32 : 31230 a 153502 BETVIEN2FT-AND 3SSTINDUBANGC PED CROSSINGA ACROSEHWYESO S-3E41EP-STOLHMgP RRF3- -Campanio 5508  Durango  SH 172 at County Road 318-2 21015 Budget: $2.2 million Funding Type: FASTER Awarded: Oldcastle SW Group, Inc.  This project was located on SH 172, at approximate MP 7.39 to MP 7.67, in the Town of Ignacio in La Plata County. The scope included widening the existing roadway to provide room for a northbound left turn lane, and small concrete median between CR318 and Shadow Spirit East. Earthwork was included along with electrical work toi install intersection lighting. New signage andj pavement markings were also installed.This project began on September 20th and resumed in March 2022, following a  winter shutdown. Construction was completed on July 20th, 2022.  CDOT PROJECT STATUS UPDATE SWTPR- October 2022  1/Page    Region 5 Projects Al. Jen2021:SH172AT COUNTYE ROAD318 r  -' Eas :  ar u: "ware s3e  EHIDAT VEF:E MSEENE --9S  US 160/SH 151 Wildlife Crossing Project-22024 Funding Type: SUR, CDOTISUIT/CPW partnership Awarded: Ralph L. Wadsworth Construction  Budget: $12 million  This project was located on US 160, between approximate MP 126.4 & 128.2, in Archuleta County, roughly centered around the US 160 & SH 151 intersection. Work included extending the existing passing lanei for westbound motorists and the installation oft two large game crossing structures, made of pre-cast concrete arches, to reduce wildife-vehicle collisions in the project corridor. The structure west of the US 160/SH 151 intersection was built beneath the highway grade and performs as an underpass forwildlife, while the arch structure east oft the intersection was built over US 1601 to perform as an overpass for wildlife. Other work included installing 81 ft. exclusion fence along both sides of US 160 throughout the project limits, along with earthen escape ramps and al large deer guard on SH 151 to prevent wildlife entry into the fenced corridor. This project began on March 15th, 2021 and was  completed on July 22, 2022.  s  CDOT PROJECT STATUS UPDATE SWTPR- October 2022  2IPage    SWTPR-C CURRENT PROJECTS  US 160 Wolf Creek West Fiber- 22107  Budget: $12 million Funding Type: Traffic Awarded: Paonia  This project will take place on US 160 Wolf Creek Pass from approximate MP 153- 168, within Archuleta and Mineral Counties. Conduit, fiber optic cables and manholes will be installed on the western side of Wolf Creek Pass, from the summit down to Pagosa Springs. The project will also install ITS devices such as variable speed limits tied to friction sensors, a downhill truck warning system for the west side of the pass, and additional cameras. Due to contractor issues, this project was on hold for a period of time. Work restarted on May 21st, 2022 and has an estimated completion  date ini fall 2023.  CREEK WEST FIBER AlJ Janz 2021: US1 1601 WOLF  Semens : B ase  su R * - Bn s des n  SIATENE FISE PHCMACEVEV IOEEER a  5A  US 160 Four Corners to Aztec Creek-22193 Budget: $26 million (plus -$3MI NMDOT) Funding Type: $4M SUR, $14M Rural Roads SB-267 Awarded: A&S Construction  This surface treatment project is located on US 160 from MP 0- 8, in Montezuma County. Planned work includes a full depth reclamation, widening to accommodate a northbound passing lane from milepost 5.5. - 6.5 and a southbound passing lane from milepost 3.5 -4.5. It will also include 6-foot shouiders for the length of the project in Colorado. Culvert extensions, bridge repair and guardrail installation are also required. NMDOT has partnered with CDOT to pave their portion of US160. Construction began on April 18"h, 2022 and has an estimated completion date of December 2022.  Region5F Projects All Jan: 2021:US1 160FOUR CORNERS TO AZTECCRMPO-8 ADDse 5E BMP Corss EMP 1 Cther Fionty ProDesc FiNama  Noiember3 2021 030 3.043 5.00 : 2300000 15,430000 TBENPDADIEMENS COURSEANDOMERLAN AITECCRIAPSS  Caayon  CDOT PROJECT STATUS UPDATE SWTPR- October 2022  3Page    US 160 McCabe Creek Pagosa - 19263 Budget: $7.35 million Funding Type: SB: 267 Awarded: Oldcastle SW Group, Inc.  This project isl located on US 160 at approximate MP 143, near downtown Pagosa Springs in Archuleta County. This project will involve replacing aged metal culverts with new precast concrete box culverts. Additionally, riprap lined drainage improvements will establish a new downstream channel, allowing for better drainage along the road. Other work will include updating the guardrail and bridge rail, erosion control, sidewalk work, and fencing along the corridor. Work began oni this two-season project on August 2nd, 2021, however a wetter than average monsoon season has delayed the completion to  early spring of 2023. CREEKPAGOSA AEDE SE EME FL" Es Ee E Be N  Region5 Projects AH Janz 2021:US 160 MCCABE R  ea03 80 :a1 4392 7721 2100 S-3MMGaCNSS DDNTON SERLACE BaSS T-MENESAGWE VCMESERSS  US 550/160 Connection South Design- Build-22420 Budget: $99.6 million (estimated total cost) Funding Type: FASTER/ SB 267/ SUR/ RPP Awarded: Lawrence Construction Co.  This project is focused on the US 550 connection to US 160 in La Plata County. The connection will realign US 550 directly into the existing US 160 interchange, eliminating the steep and windy grade of the current US 550 Farmington Hill and improving roadway geometry. The project will include wildlife highway mitigation features which will reduce animal-vehicle collisions. Both bridges are now constructed. Current work includes finishing monuments and bridge curbs, paving preparation, the continuation ofinstalling deer fencing and small mammal crossings and Phase 3 of powerline relocation. Construction began in August 2020 and now! has an estimated completion datei in fall 2023.  Carbon lunction  Hollow  Wildcat  Ridges Mipathone Busin Pasin Mountann  Grandh  Falfa  Guich  Fionda Mess  Oxford  Sawmitl Canyon CDOT PROJECT STATUS UPDATE SWTPR- October 2022  172  4Page    SWTPR-UPCOMING PROJECTS  US 160 West of Pagosa MP 135- 144 ST-23505  Budget: $9 million Funding: SUR, Safety Re- Ad: October 2022  This surface treatment project is located on US 160 in the Town of Pagosa Springs, approximate MP 135to 144. Work will include a 1"surface treatment leveling course and a1.5" SMA overlay as well as a 2.5" mill and fill ati intersection locations with curb and gutter construction. Additional work includes culvert and guardrail replacement and re- striping. This project will be re-advertised in October with  construction expected tol begin in the spring of 2023.  Rogions FrojectsAF Jan: 2021:uS1 163WESTOF PAGOSAS SPRINGSS STICULVERT  BP Bs E o : : Fa  3sel  w: EAE acs  US 172 Ignacio to Elmore's Corner- 24092 Funding Type: Surface Treatment, Structures  Budget: $11.5 million Ad Date: December 2022  This project will be located on SH 172 at approximate MP 8.3 to 24.5, from Ignacio to the Elmore's Corner intersection of SH 172 and US 160. The work will include a 16.2-mile surface treatment along with ADA ramp improvements in the Town of Ignacio. This project is scheduled for Ad in December  2022 and construction tentative for spring 2023. Regions 5 Prejects AIIJ Jan 2021: SH1721 IGNACIO a TOELMORE'S CORNER ADCase SE BV CeE. EM Cie Fey PaDese Fi-Name  Novambe-'s: 2022 s25 2523 2450  eld  172VMS "OMM345. RMLESDASVAEACE SVBTIADHDAMANE MOMEVEMENGMCO CORNER 5-179 GNACOTOEUCES  Bondad  CDOTI PROJECT STATUS UPDATE SWTPR- October 2022  5Page    US1 160 Bayfield to Yellow Jacket Capeseal- 23782  Budget: $3.5mill Funding Type: Surface Treatment Ad Date: Fall 2023  This project will be located on US 160, at approximate MP 102.7 to 117, in-between Bayfield and Piedra. This section of highway will receive an engineered capeseal surface treatment. Construction  planned for spring 2024. Regions 5Projecte AlIJ Jan2 2021:05160 BAVFIELD TOY YELLOW JACKET CAPESEAL Dare SE MF  Daocers A42 02. 1a  EMMBEPE-EIEA. ACN ep4  Rade  igntie  US 160 & CR225 MP 94.04 Improvements-2 23001  Budget: $6.8mill Funding Type: Traffic & Safety Ad Date: January 2023  This project will be located on US 160 at the intersection of CR: 225, at approximate MP 94.05, east of Durango. An intersection study was performed here to evaluate safer, alternative options for the design of this intersection. The results of this study arel being analyzed and the project is in the Design  phase. The Ad date is tentative for. January 2023.  Regions SProjects AIJ Jan2 202::US 1608CR225 MPS 94.051 IMPROVEMENTS ADDa BE EE  V o Foisi Dese  4 F14 -e  ACKES--AS EEETON SSANE MEVENTS us  CDOT PROJECT STATUS UPDATE SWTPR- October 2022  6IPage    US 160 Section 3 Priority Culverts- 23191  Budget:. $1.9mill Funding Type: Structures Ad Date: Fall 2022  This project will be located on US 160, starting in Montezuma County, at approximate MP47, and continuing East to several locations up to a culvert on Wolf Creek Pass. A number of Priority culverts will be repaired or replaced. The Ad date is tentative for fall 2022 with construction scheduled for  spring 2023. PriorityCuiverts EL  Bes  Regions S Projects AIIJ Jan2 2021:051 160Section3 :  US 160 San Juan River Bridge Scour-20685  Budget: $2 million Funding Type: BR Ad Date: Fall 2023  This project is located on US 160 at the Colorado/ New Mexico state line, approximate MP 0. The project will provide scour protection for the bridge which will help contain the increase in runoff. Improvements to as second bridge at Aztec Creek have also been added to the project scope. The Ad date is scheduled fori fall 2023 with start of construction tentatively anticipated for January 2024.  Regior5 JUANR RIVERBRIDGES ProjecteA All Jan2 SCOUR 2021:US160SAN R #VP  CDOT PROJECT STATUS UPDATE SWTPR- October 2022  7Page    US 160D Mancos Pedestrian Improvements-24618  Budget: $720k Funding Type: Local Agency Ad Date: Shelf 2023  CDOT is planning on the construction of ADA ramp improvements along US 160D in the Town of Mancos. The design is expected to be complete and shelved in 2023, awaiting construction funding.  Ragion5 MANCOSF - Projocts PEDESTRIANT AUJ Jan2 IMPROVEMENTS 2023:0S1 160D  3VP  B Che t ans a  0o 1 3 D0C EASMANCSS AMPS soisvor D  US 160 Signals at SH 145 & Chestnut Street- 24772 Budget: $200k Design Funding Type: Traffic & Safety, Signals Ad Date: January 2023  This project is located on US 160 in the City of Cortez, in Montezuma County. The project will consist of signal improvements at the intersection of US 160 and SH 145, as well as the intersection of US 160 and Chestnut Street. Work will include the replacement of old existing traffic signals, poles and electronics. This project is scheduled for Ad in. January 2023 with construction anticipated for spring  2023.  Rogion5 5 Project: MAPLERCHESTNUT SIGNALS ATI INTERSECTION Vumbes 24772  oe n Em  MAPESCETNUT. SGNASATNTEECTON UB'SCATMARLEAND, PAESNUTINCOHTEZCO SAFETY MPROVEMENTS To0A 37.50 36.765000  ESE AGsTE 1/252023 Donston 2023 BE Zoomte  1  CDOT PROJECT: STATUS UPDATE SWTPR- October 2022  8IPage    US1 160 Mancos Hill to Durango Chipseal- 24954 Budget: $3mill Funding Type: Surface Treatment Ad Date: December 2023  This project is located on US 160 from the Town of Mancos, Eastbound to Durango in Montezuma and La Plata Counties, approximate MP 61- 81. Work will include a chipseal, fog coat, the addition of rumble strips and new pavement markings. This project is scheduled for Ad in December 2023  with construction tentatively anticipated for spring 2024.  Region 51 Project:US160 MANCOSI HILLTO DURANGO CHIPSEAL SAFNper 24954 hoyscame USTBCMANCOSM-TO st Route  61.85  DURANGOC-IPSEAL USeOMANCOS--LP MP 01853ITODURANGO MP 51.353) CHPSEAL FOG COAT RUMBLESTRPSAND PAVEMENTMARNG 160A 61.353000 11:29.2023  Basin Mountais  US 160 Pagosa Reconstruct- 21919 Budget: $15mill Funding Type: Priority Ad Date: Fall 2023  This project is located on US 1601 through the Town of Pagosa Springs, approximate MP 142-1 144, in Archuleta County. The current scopei includes improvements to US 160 Between 10th and 1st Streets. An overlay and restriping is planned from 10th Street to the west side of 8th Street with concrete reconstruction continuing from west of gth Street to the east side of 3rd Street. Additional work will include ADA upgrades to curb ramps and sidewalks at select intersections throughout the project limits and drainage improvements. This project is scheduled for Ad in fall 2023 with construction  tentatively planned for spring 2024.  Region 5 Project: US1 160PAGOSA RECONSTRUCT BRMRe 21919 Fal USI60PAGOSA RECONSTRUCT FASOSASFRNGS PAVEMENT RECONSTRUCTION 160A Began  143.70 Enoing 144.100000 Mscost aDie 101412022 Ponitrcen 1034 er BE Zzomte  Pagrsa  CDOT PROJECT STATUS UPDATE SWTPR- October 2022  9Page    CURRENT NUISANCE ORDINANCE WITH PROPOSED CHANGES FORI DISCUSSION  Title 8- HEALTH AND SAFETY  Chapters:  Chapter 8.04- NUISANCES  Sections:  8.04,010-Defintions.  As used in this chapter, the following terms shall have the meanings indicated: "Action to abate a public nuisance" means any action authorized by this Chapterto restrain, remove, terminate, prevent.abate or perpetually enjoin a public nuisance. "Author of nuisance". Where a nuisance exists upon property and is the outgrowth oft the usual, natural or necessary use of the property, the owner or his or her agent the tenant or his or her agent and all other persons having controi of the property on which such nuisance exists shall be deemed to be authors thereof and shall be jointly and equally liable and responsible. Where any: such nuisance shall arise from the unusual or unnecessaryuse. ofs such property or from the business thereon conducted, then the occupants and all other persons contributing to the continuance of such nuisance shall be "Building" means any dwelling office building, commercial ori industrial structure or any otherstructure of any kind, whether or not such building is permanently affixed to the ground upon which it is situated and includes any shipping container.shed. trailer.semi- trailer.trailer coach. mobile home, modular home, manufactured home or othervehicle "Inoperable vehicle" means any automobile, truck or self-propelled vehicle, oranytrailer recreational vehicle.-incapable of moving under its own power and which lacks a valid current license plate and registration as required by the state of Colorado, or does not comply with the minimum safety requirements of the Colorado Motor Vehicle Law. "Nuisance" means any substance, act, occupation, condition or use of property declared a nuisance by this chapter or declared a nuisance by the state or by any court or agency thereof, or known as a nuisance at common law, or which is of such nature and duration 1.Substantially annoy, injure or endanger the comfort, health, repose or safety oft the  deemed the authors.  designed or used for occupancy by persons for any purposes.  as to: public;  1    2. In any way render the public insecure in life ori int the use of property; 3. Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any: street, alley, highway or other public way.  (Ord. 35351,1989)  8.04.020. - Public nuisances: oligyPombtedgeneral,  A.No person being the owner, agent tenantor occupant or having under his control any building, lot or premises or unimproved real estate within thei town limits shall maintain or allow any B.Itist the policy oft the Town pursuant to Section 31-15-401(c) C.R.S. that every public nuisance shall be restrained. prevented, abated and perpetually enjoined. Iti is the duty oft the Town Attorney or his or her designee to bring and maintain an action, pursuant to the provisions ofthis Article, to restrain, prevent. abate and perpetually enjoin any such public nuisance. Nothing contained ini this Article shall be construed as an amendment or repeal of any of the criminal laws ofthis Town or this State. but the provisions ofthis Article.insofar: as they relate to those laws, shall be considered a cumulative right oft the people in the enforcement ofsuch laws.  nuisance to be or remain therein.  (Ord. 35352, 1989)  8.04.030-A Authority to declare nuisances.  Nothing int this Chapter isi intended to diminish the authority oft the Board ofTrustees to declare that aAny act, condition, substance, occupation or use of property which substantially meets the criteria of a nuisance as defined in Section 8.04.010 of this chapter may be: so declared byt the board oft trustees, and nothing in Section 8.04.040 of this chapter shall be construed to limit the power of the town to make such declaration.  (Ord. 35353,1989)  .04.040-Nuisances designated.  A. Unwholesome Business. Offensive or unwholesomeness businesses or establishments are prohibited. From and after the effective date oft the ordinance codified in this chapter, itis unlawful for any person of any kind to allow or suffer upon his premises or any premises which hei is entitled to possess any offensive or unwholesome business or establishment within the town, or within one mile beyond the outer limits oft the town as such outer limits are now, or may be hereafter, constituted. Any slaughterhouse or other place for slaughtering animals within this town is therefore declared to be a nuisance.  2    B.J Junkyards and Dumping Grounds. All places used or maintained as junkyards or dumping grounds or for the wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind or for the: storing orl leaving of worn out, wrecked or abandoned automobiles, trucks, tractors, trailers, boats and house trailers or machinery of anyl kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places essentially interfere with the comfortable enjoyment of life or property by others, are declared to be nuisances. C.D Discharge of Noxious Liquids. The discharge out of or from any house or place ofi foul or noxious liquid or substance of anyl kind whatsoever into or upon any adjacent ground or lot or into any street, alley or public place ini the town is declared a nuisance. D. Stale Matter. The accumulation ofany stale, putrid or stinking fat or grease or other E. Sewer inlet. Any article or materials accumulated in any sewer, sewer inlet or privy vault that shall have as sewer connection, which cause or might cause such sewer, sewer inlet or privy vault to become noxious or offensive to others or injurious to public health, are F. Dead Animal Removal. The body of any animal which has died and which is undisposed G. Stagnant Ponds. Any cellar, vault, drain, sewer, pond of water or other place int this town that: shall be noxious or offensive to others, or injurious to public health, through an accumulation or deposit of noxious, offensive or foul water or other substances shall be deemed a nuisance. This applies in all cases for which no other specific provisions are H. Open Wells, Cisterns or Excavations. Iti is declared that permanent excavations exceeding five feet in depth, cisterns and wells or any excavation used for storage ofwater are public nuisances unless the: same are adequately covered with a locked lid or other covering weighing atl least sixty pounds or are securely fenced with a solid fence toa height of at least five feet, and it is unlawful for any person to permit such nuisance to remain on premises owned or occupied by him. Any wall or cistern on any property within the limits oft the town, whenever a chemical analysis or other proper test or the locations oft the same: shows that the water of the well or cistern is probably contaminated, impure or unwholesome, shall be deemed a nuisance. Any abandoned or unused well or cistern LNoise-making Devices to Attract Children. The use of bells, whistles, sirens, music, horns or any other noise-making devices for the purpose of attracting children or minors to any vehicle upon the: streets, highways, rights-of-way, alleys or public ways oft the town for the purposes of selling, distributing or giving away any product whatsoever to such minors is declared tol be a public nuisance and hazard and is expressly prohibited and shall be unlawful, except such activities carried on as part of duly authorized public parades or  matter is declared tol be a nuisance.  declared to be nuisances.  of after twenty-four hours after death is declared to be a nuisance.  made in this chapter or any other ordinances oft the town.  shall be filled with dirt and covered.  processions.  3    J.H Handbills, Posters and Placards. Any handbill, poster, placard or painted or printed matter which shall be struck, posted or pasted upon any public or private house, store or other building or upon any fence, power pole, telephone pole or other structure without the permission oft the owner, agent or occupant oft the house shall be deemed a nuisance. K. Unused. Appliances. Any unused refrigerator, washer, dryer, freezer or other appliance within any accessible yard or lot or carport or residential garage within the limits of the town without the door of the same being removed is declared ar nuisance. L. Vacant Buildings. It is declared a nuisance for the owner of any vacant building to fail to replace any broken window ori fail to secure any other means of entry into such building M. Transporting of Garbage or Manure. The transport of manure, garbage, swili or offai upon any street in this town in a vehicle sO as to allow: such filth to be scattered ort thrown N. Removal of Inoperable or Abandoned Vehicle. Any inoperable and abandoned vehicle, ora any abandoned vehicle, parked out-of-doors on anyl lot or piece of ground in the town not removed from the town within thirty days after the expiration ofi its registration, as determined by examining the license plate on the exterior of the vehicle, is a nuisance. Except that nothing hereinshal prohibita a property owner from keeping no more than threeinoperable motor vehicles on their private property provided the same are screened O. Barking, Yelping, Howling or Mewing by Dogs or Cats. Any dog or cat which, by loud or frequent or habitual barking, yelping, howling or mewing, causes a serious annoyance to the neighborhood or to persons passing to and fro upon the streets or sidewalks is P.Accumulation of Garbage, Refuse, Etc. Any accumulation ofr refuse, trash or other waste ord discarded material outside of a designated landfill, including discarded building and construction materiais, that endangers the public health and safety is declared to bea a Q. Smoke and Odor from Burning. Any smoke and odor resulting from the burning of refuse, trash or other materials outside ofa a solid fuei-burning device, including but not limited to those materials outlined in subsection P oft this section, is declared to be a R. Accumulation of Manure. The accumulation of manure or other animal waste in quantities which endanger or tend to endanger the public health and safety is declared a nuisance. This subsection does not apply to a light spread of manure upon lawns or S.Anyplace where people congregate which encourages the disturbance of the peace or where theconduct of persons in oraboutt thatplace issuch as to annoy or disturb the  within seventy-two hours after notice is given byt thet town.  into such street is declared a nuisance.  from publicview.  declared a nuisance.  nuisance.  nuisance.  gardens or which is plowed under the surface oft the ground.  4    peace oft the occupants of or persons attending: such place,orthe residents in thes vicinity TAny public or private place or premises which encourages professional gambling. unlawful use of drugs.unlawful sale or distribution of drugs. furnishing or seiling intoxicating liquor or fermented malt beverages to persons under the legal drinking age. U.Any building fence.structure. tree or other vegetation or land within the Town. the condition of which presents a substantial danger or hazard to public health orsafety. including any-"dangerous building," as defined in the building codes, as adopted by V.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 orrodent infestationor which becomes a place frequented by trespassers and transients seeking at temporary W. Discharging. placing or tracking any offensive water, liquid waste, dirt.mud, construction debris or refuse of any kind into any street. alley.sidewalk. gutter.stream, asn.natualwaterourse. ditch, canal or any) vacant lot or which as the result of continued discharge will render the place of discharge offensive or likely to become S0:(13)Keeping. any drinking, vessel for public use without providing a method of KComupungocrendetng unwholesome or impure any spring. stream, pond or lake. YAnytolletorsanitarywastewater. facilities not constructed and maintained in accordancewith the ordinances of the Town ort the laws and regulations oft the State. Z.Keeping any animal or human fecal material, dead animal or other flthy or offensive AA. Neglecting orrefusing to discontinue use of clean out disinfect and fill up all privy vaults, septic tanks and cesspools or other individual wastewater disposal systemswithin twenty.20.days. afternotice from any enforcement officer or official oft the Town. BB. Obstructing or tending to obstruct or interfere with.excavating into the grade ofor render dangerous for passage anys street or sidewalk. lake, stream.drainage canal or basin oranypublic park without first obtaining the written permission oft the Town.specifically, including the placement of portable toilets. construction Dumpsters.constuction materais.construction debris topsoil and/or landscaping material on Town streets or CC.Theo obstruction or maintenance of any dranagesystem. drainage easement, canal, ditch.conduit or other watercourse of any kind ornature.natural. orartificial.in amanner  ort the passersby on the public streets or highways.  solicitation for prostitution ortrafficking instolen property,  reference by the Town.  hideoutorshelter:  decontamination between uses.  substance upon anyi lot street, alley.highway.park or other place.  sidewalks.  5    which will become obstructed and/or cause the water to back up and overflow therefrom orto become unsantaryi20cross-connecting. with the Town's watersupplys System by acamasuaisitmamt foreign water not aj part oft thei treated water supply DD. Any use of premises or of building exteriors which are deleterious or injurious. noxious or unsightly.whichi includes, but is not limited to, keeping or depositing on.or scattering over the premises, lumber.junk. trash. debris or abandoned, discarded or unused objects or equipmentsuch as motor vehicles, machine parts, furniture.stoves. refrigerators. freezers, cans or containers. Except that nothing herein shall prohibit a property. owner from keeping no more than three inoperable motor vehicles on their private property provided the same are screened from public view. EE.Continuous or repeatedly conducting or maintaining. of any business, occupation. praton.acip.Dulane land or premises in violation of provisions oft this Code ora statute of this State, afterreceiving reasonable notice of such violation. FE.Unsheltered storage of l.unused.stipped and junked machincp,.mpementsar personal property ofa any kindy whichisnol longer safely usable for the purposes forwhich itwas manufactured. for a period oft ten 10)daysormore (except in licensed junkyards) GG.Outside: storage or accumulation of: (a)Any new or marketable used tires that are not neatlystacked or displayed in a marketable manner and allowed in the applicable zone district: (D.Nonmarketable tires in any mannerf for a period of greater than one(1)month. Nonmarketable tires are defined as those tires which are incapable of holding air or which have. lessthan2/B2off tread.or both.Any.person charged with aviolation ofthis subparagraph may.produce. areceiptevidencing the removal and quartering of nonmarketable tires during the thirty-one (31) days prior to the notice ofviolation, which receiptshall create a rebuttable presumption that no such violation has occurred:(CAny tires on property located in a residential district. except that up to two (2)tires per dwelling unitr may be kept outside for up to one (1)week on any property withina residentialzone district: or (d)Indoor personal items for more than seventy-two (72)hours including but not limited to clothing, bedding indoor toys. cooking and eating utensils. newspapers and magazines. furniture: and appliances intended for indoor use. Fori the purposes of this supparagraph.siorage on decks, in carports and in open garages shall be considered HH.Outsides storage or accumulation of building, construction. plumbing. electrical and mechanicalmaterials and supplies foruseont thepremisesi fora period longerthan.sixi6) Anybuiding. lot land. premises or business, occupation or artiMly.operation.or condition which. after being ordered abateda corrected or discontinued by lawfulorderof the Town.orany ancecinerco.contnues to be conducted or continues to existin MolatondtaAoyocinune oft this IownaAoyreguaion énacted pursuantto the  system.  withintheT Town.  outside storage.  months. Permitted materials shall be neatly stacked on the premises.  authoriyatanordlinanceotthisTOwD.  6    .Those offenses which are known to the common law oft the land or the statutes ofthe State of Colorado as nuisances when thes same exist within the Town limits or within any unincorporated. areas of land entirely contained within the outer boundaries of the Town, KK.Any.graffiti or graffiti and/or related vandalism which shall mean any unauthorized nscrption.sympo.. designor configuration of letters, numbers or symbois orany combinationt thereofwritten. drawn.scribed. etched. marked. painted.staned.stucs on or adhered to anysurface (public or private) including but not limited to trees.signs.poles. fixtures.utility boxes, walls, windows. roofs, paths, walks, streets, underpasses. overpasses, bridges, trestles, buildings and any other surface or surfaces, regardless oft the material of the component remaining on the subject property forap period greater than LL.No person shall bring into the Town or keep therein fors sale or otherwise, either for food orf forany other purpose whatever. any animal, dead or ave.mater.subsanceor thing, whichs shall be or which shall occasion a nuisance in the Town or which shall be  such areas known as "enclaves".  ten(10)_days.  dangerous or detrimental to health. (Ord. 35354,1989) 8.04.050- Complaint filing.  Complaints of nuisances may be made to the attention oft the town clerk, mayor-marshal ora any other town official and should-ARy-compiHRESAa-state the nature of such nuisance, the jocation, including street address, name of the owner, agent or occupant of the building or lot, if known, and the name and address oft the complainant. Nothing hereinshall prohibit the Town Manager or Building Official from initiating action underthis  Chapter without a complaint. (Ord.35355,1989)  8.04.060-Inspection-Rightofentry-Emergencies.  A. Whenever necessary to make an inspection to enforce any oft the provisions of this chapter or whenever an authorized representative of the town shall have reasonable cause to believe that there exists in any building or upon any premises any conditions which constitutes a nuisance hereunder, the town clerk, mayor, marshal or police officer may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed on any oft them. Ifsuch building or premises is occupied, such person shall first present proper credentials, state the nature oft the complaint, and request entry; and if such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or occupant or other person or persons having charge or control of the building or premises and, upon locating said owner, occupant or other person or persons, shali present proper credentials, state the nature oft the complaint, and request entry. Ifentryi is refused, such person shall give the owner or  7    occupant, or, ifsaid owner or occupant cannot be located after a reasonable effort, he shall leave at the building or premises, at weny-our-hourwriten notice ofi intention to inspect. The notice given tot the owner or occupant or left on the premises as aforesaid shall state that the property owner has the right to refuse entry and that ini the event that such entry is refused, inspection may be made only upon issuance of a search warrant by the municipal judge of the town or aj judge of any other court having jurisdiction. B. After the expiration of said wenty-four-hour period from the giving or leaving of notice, the town clerk, mayor, marshal or police officer, or any of them, or their authorized representative, may appear before the municipal judge oft the municipal court of the town and, upon as showing of probable cause, shall obtain a search warrant entitling him to enter the building or go upon such premises. Upon presentation oft the search warrant and proper credentials, or possession oft the: same int the case ofa an unoccupied building or premises, said person may enter into the building or go upon the premises using such C.F For the purpose of subsection B of this section, a determination of probable cause will be based upon reasonableness, and if a valid public interest justified the intrusion contemplated, then there is probable cause to issue a search warrant. The person applying for such warrant shall not be required to demonstrate specifici knowledge oft the condition of the particular structure or premises in issue on order to obtain a search warrant. It is unlawfui for any owner or occupant of the building or premises to resist reasonable force D.Whenever an emergency situation exists in relation to the enforcement of any oft the provisions of this chapter, the town clerk, mayor, marshal or police officer, or the authorized representative of any oft them, upon a presentation of proper credentials or identification and upon stating the nature oft the complaint in the case of an occupied building or premises, or possession of said credentials int the case ofa an unoccupied building or premises, may enter into any building or go upon any premises within the jurisdiction of thet town. In said emergency situation, such person orl his authorized representative may use: such reasonable force as may be necessary to gain entry into the E. For purpose of subsection D oft this section, an "emergency situation" includes, but is not limited to, any Situation where there is imminent danger ofl loss of life, limb and/or property. Iti is unlawful for any owner or occupant of the building or premises to resist reasonable force used by the authorized official acting pursuant to this subsection.  reasonable force as may be necessary to gain entry.  used by any authorized agent acting pursuant to this section.  building or upon the premises.  (Ord. 35356,1989)  8.04.070-Abatement--Falilure to comply.  A. Each and every nuisance declared or defined by any ordinance oft the town or otherwise is prohibited, and the town manager, towamayoramdpuiding official and town marshal are authorized, ini their discretion, to cause the same to be abated ini accordancewith.the  8    procedures.seti forth in this Chanter.summarlyabaRdRAHANEmaydred, ubecHoInePsasONshereinprowdes. If any nuisance is found to exist upon public property, it shall bei the duty of the town to abate such nuisance immediately. B. Upon authorization oft the town manager mayof,toPCIerk or marshal, if any nuisance found to exist shall cause imminent danger to the life, limb, property or health as to require immediate abatement, any such nuisance may be summarily abated without notice of abatement as set forth herein. Byact:on-GFIREaAsnal,poHce  ofleer-orfremarsharhaorinardesgnsesaated-representaive.  (Ord.35397A,B,1 1989) 8.04.080 Notice to abate.  Int the case of any nuisance not requiring summary abatement, it shall be the duty of the town manager. building official, town clerk or marshal to cause notice to be served upon the person responsible for or author ofany nuisance which may be found, requiring said person to abate the same in a reasonable time and in such reasonable manner as prescribed, and: such notice may be given or served by any officer directed or deputized to give or make the: same. In causing notice to be served, the town manager-ayes, town clerk or marshal may authorize town officials, inspectors or any other appropriate town employee to issue notice of abatement. The notice of abatement shall give the author of the nuisance or responsible party fourteen days to moMessein batemeRtshaHOtekceAcABdIouReAdayS unless it appears to town staff from thei facts and circumstances that compliance could not reasonably be made within fourteen days. Townstatmaygrantan: extension to complywheni it appears-ort that a good-faith attempt at compliance is being made. Such notice shall be in writing, signed by the official issuing the same and shall be personally: served upon the author of the nuisance. and the owner or occupant of the premises upon which said nuisance exists or, if not occupied, then by the posting oft the same prominently at some place on the premises upon which said nuisance exists. If: service is by posting as aforesaid, then a copy of said notice shall also be mailed by certified mail, return receipt requested, to the owner ofs such property as shown upon thet taxi rolls of Montezuma County, Colorado, at the address ofs such owner as  therein shown. (Ord. 3535710),1989)  8.04.090- - Abatement by yoWD-Procedure.  If, after notification, a nuisance is not voluntarily abated, ori in the event ofa a summary abatement as defined by 8.04.070, the following procedures shall apply: A.An action to abate a publicnuisance underthis Article may be brought in Municipal Courtor District Court inthe discretion oftheTownAltorney  9    B.E Except as otherwise may be provided inj this Chapter, the practice and procedure inan action to abate aj public nuisance shall be governed by the Colorado Rules ofCivil  Procedure.  C.Anactioni to abate a publicnuisance: shall be brought byt the Town Attorney or his or her D.Anaction to abate a public nuisance.and any action ins which ai emporaryrestraining order.temporanywrit. of injunction or preliminary injunction is requested.shall be commenced by the filing ofac complalnt.whichshall be, verified or supported by affidavit.A E.Ifthe existence of a public nuisance iss shown insuch action to the satisfaction ofthe Municipal Court or District Court, either by verified complaint or affidavit. the Court may issue a temporaryrestraning order to abate and prevent the continuance orreoccurrence ofthe nuisance.Such temporary restraining order may direct the Town Managerorhis or her designee to seize and close the public nuisance. and to keep thesame effectually closed against its use foranypurpose.vmtt. further order of the Court. E.Within ten (10) days or such greater or shorter time as may be allowed by the Court following the filing of a motion of any person adverselyaffected byat temporary restraining order. the Court shall conduct a hearing and determine whetherthe temporary restraining order shall be continued pending final determination of the action. G.The Court may, as part ofa preliminayinlunction. direct the town marshal or town managertos seize and close such public nuisance. and to keep the same closed againstits use for anypurpose.untl. further order of the Court. While the prelminanyinlunction remains in effect. the building or place seized and closed shall be subjecttothe orders of then Municipal Court. Peiminay.hunctonsma, issue as provided by the Colorado Rules ofCivl Procedure.No bond or securitys shall be required of the) Town Attorney or the H.Thej judgment in an action to abate a public nuisance may include a permanent injunction to restrain. abate and prevent the continuance or reoccurrence oft the nuisance. The Courtmay/grant declaratoryr relief, mandatory orders or any other relief deemed necessaryto accomplish the purposes of the injunctionand enforce the same.andi the Coutmarean.rsaction of the case for the purpose of enforcing its orders. LThe judgment in anaction to abate a publicnuisance mayinclude. an order directing the Iown.Manager or his or herc designee to seize and ciose the public nuisance and to keep the same effectualy closed until further order of the Court. notto exceed one(1)year. Thej judgment in an action to abate a publicnuisance. may include. in addition to ori in the alternative to otherinlunctikerelet.an. order requiring the removal, correction or other abatement dapbicmusanca.nwiae or in part by the author ofthe publicnuisance. me.ucgmentmanduce an order directing the town marshal or town manager.to remove.correct. or abate the publicnuisance ifthe author ofther nuisance fails orrefuses  designee in the name of the State and the Town.  summons shall be issued and served as in civil cases.  10    todos SOV within a reasonable time as determined by the Court, at the cost oft the author of K.Ifthe owner or operator ofal building or place seized and closed as a public nuisance has not been guilty of any contempt of court in the proceedings. and demonstrates by evidence satisfactoryt tot the Court that the public nuisance has been abated and will not recur.the Court may require the posting of bond, in an amount fixed by order ofthe Court.for the faithful performance oft the obligation of the owner or operator thereunder LAnyviolation or disobedience of any injunction or orderi issued by the Courtin an action toabate a public nuisance shall be punishable by a fine ofup to four hundred ninety nine dollars ($499.00) and each day on which the violation or disobedience ofa an injunction or order continues or recurs may be considered as a separate action of contemptof Court. M.Fors seizing and closing any building or premises as provided in this Article, or for performing other duties pursuant to the direction of the Court in accordance with the provisions of this Article, the Town shall be entitled to a reasonable sum fixed byt the Court.in addition to the actual costs incurred or expended to abate the nuisance. N.All fees and costs allowed by the provisions ofthis Section. the costs ofa Court action to abate any public nuisance and all fines levied by the Court incontempti proceedings incident to any action to abate aj public nuisance shall be a first and prior lien upona any realpropertywhere the nuisance was located. and the same shall be enforceable and collectible by execution issued by order oft the Court, from the property of any person O.Nothing contained in this Article shall be construed ins such a manner as to destroythe validity ofa bona fide lien upon real or personal propertyappearing. of record priortot the recording of Court orders involving real estate as authorized underthis Chapter. P.In addition to the remedies set forth herein, the assessment. together with up to fifteen percent (15%) ofsaid assessment fori inspection and otherincidental costs in connection therewith.shall be a lien against each lot or tract of land until paid and shalll have priority over all other liens except general taxes and prior special assessments. In accordance with Section 31-20-105.C.R.S. such assessment may be certified by the Town Manager or Town Clerkt to the CountyTreasurer.to be placed on the tax list for the currenty yearand collected and paid over in the same manner: as provided by law for the collection of property.taxes./ Any amount charged oni the tax roll of the succeeding year and any unpaid balance sO carried over shall bearinterest. at the rate of eight percent (8%) per annum, A-Fiheperson-otftRedinagcordance-wAhSectiens04080dFischaptershalmeglect: oFrefuseto.comply-wihthereguiremenisofine-nouceeioabateinenusancewihinthe e-specHed,SUCARPeROASAaIDe84y0aW0atoNAPleR,anG:meay0K tow-clerk-marsha-andowPatOFRey,OFtneFaUEROP2eG-agentayproceed-atonce, upon-the-expiration-oFthetime-specifed-aswch-notice-te.commence-appropriate-legal  the public nuisance.  top prevent recurrence of or continuance oft the public nuisance.  liable therefor.  until paid  11    action-to-causessesuc-Rusanceto-beabated-prowded,naEFIRe-WneFIS-UAKROWA-OF cannotbe-found/InetowP-clerk-may-procedtedoabatesuen-AWISaRceaReFAOtice-has-been postedfortheperioequaloimetimelimespecedtoabatesaiSAusanc-nleihercase-the expense-ofsuch-abatementshal-be-collected-FOR-he-OwRePOFReproperyupon-wnich -Wnen-any-owneFAaSFeSPORsD1OFaRuSanceandsWEPUSARee-ewssaAG-Re werfalls-to-abatetnesameaeerimegMgOSuch-nolceasprowded-OPAPtAS hapter-WithintneLme-PReGInere,0Fa5eMende4,ReP#REIOtoreys authorizedtoAstuteprocedingsinacuokcompetentuAsdiciontoobtalnajudical determination-thESUCPALISaRcees5,t0-abate-sucP-AVSAnjolnthesame-and Orsuch-OtheraRG-rnerrelessmayseemecesaa/andpropef.nldigDuEAOE GUpon-ajudicia-determAatioEaASaRCeews5,tne-mayOFOFIOWP-aarsha-may-pe autherized-to-abatethenuisance-orcausethesamete-be-abated,empley.ngsuch-force andpersonsas-maybenecesasy-toateinenuisanceOrcauseinesamesameto-beabated, Acludingthe-employpasofthetownFaAlotnertownoficeials and-employeesareautonedanddiectediorendersucA3SSaRcE:e-o-he-ayorOF owp-marshalas-maybereguredortmeabatementolcOAReHR D-Any-ofce-orempeyeesoFnetowA-wAOSAaIDeautnoA2eG-erei-to-aBate-ary Auisance-specieG-AtAIS-chapiersnal-naveautnoriyto-engegetmenecesassary-assistance andiduiReREcsayeEed.wMa.neisiobeabaedy, APIOWA-ESAaD:RedWy0Isa6a64HPOAREPersoDAmPSYsURnassistance-and deptsuch-meansa5-mAybenAessagyodfiectabatementofinenusannce-lEsnal-aise Dethe-dusyoftheteOWAPaRYOHE-AErepraseAta.MAStoproceedina.asalabatementeases WiP-dwe-care-and-ReREESSaRyCASANCIOructonorproperty.  tnenuisanceewisted.  limed-tethe-cests,atiormeyeesandexpenses-oFabatement,  withthe-enforcementthereof,  (Ord.353570,1989)  8.04,100-Abatement by lown-Costrecover).  A. The person or persons responsible for any nuisance within the town shall be liable for and pay and bear all costs and expenses oft the abatement oft the nuisance, which costs and expenses may be collected by thet town in any action at law, referred for collection in connection with an action to abate a nuisance or assessed against the property as  hereinafter provided.  B.The-nolice-requed.byAISERaptersnan.aGdHOP-0-atherequiremenis-hereinstate ABE-Fthe-uisancesnotabatedwattnetmestatedintmenotce.thecostofsuch abatementmaybeassessedasalenaganstthepropery-descabingtnesame/pursuant GtheterSOFEASECMAPef.felerngtotNS4NaPleR,10geneFwRaR-addRIOna-ve percentassessmenHORaRG-RdARaION0GOROA3-eApercent assessment-for-cercosisefcelectection-andcalected-Athesamemannerasrealestate-taxes  12    gainsttnepropery-FRAOWPePOHReProPePSA0:personaysenePvBG-WIRaCOPyo: such-notice,tnePatAuecoPyoFSWCR-AOHceSAa1De-aledy-regsteredorcl, uReceptrequesedaaNppeysoMAVPontnetaraNsON MontezumaCowns.cg,AEeadrrassofsudhownerasthereinshowA. AFaRer-heespirasonoinepensdafimepoNdadS-ReaNlce,orasesended, osisorexpensesareinamabyoronsaNNtementorin COAReCtIOR-WAPtementeREGFIReAVISaRee,3AGtneOSt5-are-ototnerwise-coHected, then-thetown-treasuFeFmay-tnr-cerily-thetowpclerktnelega-deserption-o hepoperyupoR.AGNswehoA-adeneAPRNFMERNEAe: mereeras-SnoWA-5IReIKFOISOFMontezuma.corad0.togetnerwita statementofthewor-performed,tnedate-otperformanceand-and-costs-tnereok, DUpon-receptorswEOFSWCASAEAREFRAERELOWAreasuref,ReIOMAderKSAI-maa notice-to-the-ownerofsaid.premises-asShOwA-DytnetkPdress-SROW-uPOn hetaxrolls,by-firsklasmalposageprepald,notiy.nESUChOWReANAsbeen performedpursuantte.idaptNREUancedHihewORkNe Aatureoftheworkanddemandingpasistheraofascentnerifedbytheboard oftustees)-togetheFwB-vepercetassessmeRtforinspectionandootherincidental: COSISIA.ORRectIOR:erew-SuehAolkeshalsateihouRESSROEPaidwIENA hisydays-aftermaHghe-OH/-ESRa-become-an.assess:558SSPREREOP3Ad-a-len-against heproperyofthe-onf,descebingihesame,andwibecenliedasanaana5sessmentor OSISOFcOlectiOn-includingareasonableatore/ee,3AG-neabove-mentioned ssessments-wiDe.colected-ne-same-mannerasarealestatetakupor-tne-prepery. lFthe-clerksha-notrecevepaymeAISWENAIRepeoGoFARYdays-0ewAgtne malingdfsuchAONc,nCNREOe boardsnalthereupon.emactanordinance-asse551AEtewROle-COSEGFSUCAWOFKRGUGHS chargeotive.perepercentoFmewoectoPAEHgRaRGGHREFRCldenta-cOsisA copnecton-tnerewAUPOR:ReOISOHARGUPOR-WAGRIREsancewas bated,togetherwinachagedfienercentaFthewole.cOst-OrcOstctOn. -FOHowingthe-pssageorsueh-ordinance,tne/tneclerkSAacert.y-tmesame-te-tne-county treasurer-whe-smal-colecttheassessment-ndludingtheten-percentcnarge-forcosts-o: GEachsuchassessmen:shalbelenagansteachotoFiactoflandunuipaidandshal. Rave-pHOAyoVereXCPaH3ke5-aAdpMorspecar-a55es5mneA5.  collectionin-thesame-manmerasotnertaxesaare-colected,  (Ord. .35358,1989)  8.04.110-F Remedies cumulative and nonexclusive.  A. No remedy provided herein shall be exclusive, but the same shall be cumulative, and the taking of any action hereunder, including charge or conviction ofviolation of this  13    chapter int the municipal court oft the town, shall not preclude or prevent the taking of other action hereunder to abate or enjoin any nuisance found to exist. B. 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 and constitute a concurrent remedy over and above any charge or conviction of any municipal offense or any other provision ofl law. Any application oft this chapter that is int the nature ofa a civil action shall not prevent the commencement or application ofa any other charges brought under the municipal ordinances or any other provision ofi law.  (Ord.35359,1989)  8.04.120-Violatiolation--Penalty.  Anyperson found guiltyof authoring a nuisance in violation of this chapteror disobedience ofanyinjunction or order issued by the Courtin an action to abate apublic nuisance: shall be punishable by a fine of up to four hundred ninety nine dollars ($499.00) and each day on which the violation or disobedience of anj injunction or order continuesor recurs may be considered as aseparate. action ofo contempt of COUASEOWRCHAE 12eFthis-code,OFIneOWP-RAY-RCiSereseretion,aso.proceed-aganstany-HOlatOn-OF Volations-oFlhSs-chaschapleryan/pesooR-pastesshp.corporalOAOFAInAPynaeM action-forabaterentyiunction,gamages,specHepeHoFmancerSya-eP-en-ereclesure-or hougholereguiablerermdesnsrSAAsdalonielhectiminal  pena-esprovded-R-AISSECtOR: (Ord. 353510,1989)  Chapter 8.08-V WEEDS AND RUBBISH  Sections:  8.08.010- - Abatement-Generaly,  A. No owner of any lot, block or parcel of ground within the town, nor any tenant or agent in charge thereof, shall allow or permit weeds orl brush to grow or remain when, grown, on such lot, block or parcel of ground, or along any sidewalk. adjoining the same and tot the middle of the alley behind same, but such weeds or brush shall be cut close toi the ground and kept sO cut. All lots, blocks or parcels of land, and sidewalks adjoining same shall also B. After cutting, all such weeds and brush shall immediately be removed by the owner of  be kept free from brush, weeds, rubbish, trash, junk and garbage.  such lot, tract or parcel of land from the town.  14    C.Av violation of this section shall be punished as set forth in Section 1.12.010 General  Penalty.  (Ord. 465 (part), 2005: Ord. 365 (part), 1989:014.27451,1968)  (Ord. 523, 9-21-2015) 8.08.020-D Definitions. As used in this chapter:  "Brush" means construed to be volunteer growth of bushes, shrubs and trees such as are growing wild and without care and shall include all cuttings from trees, shrubs and bushes "Garbage" means all offal, waste matter or vegetable matter from al kitchen, market, or store, and other worthless, offensive or filthy material and every refuse accumulation of animal, fruit or vegetable matter; liquid or otherwise that attends to the preparation, use, "junk" means abandoned, or inoperative vehicles and/or parts thereof, abandoned tires, and/or farm machinery and ali parts thereof, junk refrigerators, junk appliances, generally "Rubbish" means house dirt, ashes, rags, abandoned articles of clothing or similar "Trash" means all bottles, tin cans, refuse, paper, fallen tree limbs, and all other forms of "Weed" means construed to be any unsightly, useless, troublesome or injurious herbaceous plant, and shalli include rank vegetable growth which exhales unpleasant or noxious odors, and also high and rank vegetable growth that may conceali filthy deposits and anyplant designated by the state of Colorado or Montezuma County as a noxious  and high and rank shrubberys growth which may conceal filthy deposits.  cooking, dealing in storing meat, fish, fowl, fruit or vegetables.  and all other forms or discarded property.  substances. discarded refuse.  weed,  (Ord. 465 (part), 2005:014.274553.41958) 8.08.021-D Declared nuisance.  The; growth of brush, weeds, and the accumulation of garbage, junk rubbish, or trash upon the lots, tracts, or parcels of ground, sidewalks adjoining same andi toi the middle of alley behind same within the town is found and declared to be a nuisance and at threat and  danger to the health, safety and welfare oft the town inhabitants.  (Ord. 465 (part), 2005)  15    8.08.030-Failure to abate-Notice--work by town clerk or town  dministratormanaget.  In case oft the failure of any owner ofs such lot, tract or parcel ofl land to cut or remove the brush, weeds, garbage, junk, rubbish, or trash as set forth int this chapter after having had ten days' notice in writing from thet town clerk/town administratomanager. the town clerk/town dministratormanager shall order town crews to cut all weeds and brush and remove same, and/or to remove any! brush, weeds, garbage, junk, rubbish, or trash from such lot tract, parcel alley, and sidewalk area. This written notice shall be sent certified mail, return receipt requested. If the notice is returned as refused, it shall be deemed  delivered.  (Ord. 365 (part), 1989; Ord. 27456, 1968) (Ord. No. 475, 4-9-2007)  8.08.040- Abatement by town-statement of costs.  Upon the completion oft the work as set forth in Section 8.08.0930 oft this chapter, the town clerk/town manager admiaistratormanager shall assess the amount properly chargeable against the owner of said property or parcel of land on whose account the cutting and/or removing of brush, weeks, garbage, junk, rubbish or1 trash occurred. Said amount shall include all actual expenses incurred in said work together with any necessary costs of  administration, expenses and costs of an inspection. (Ord. 365 (part), 1989: Ord. 27458,1 1968) (Ord. No. 475, 4-9-2007) 8.08.060- - Assessment notice.  A. The town clerk/town dmAstratormanaget. as: soon as an assessment of costs is made, shall send by certified mail, with return receipt requested, and regular first class mail, addressed tot the owner or owners ofs such lot, tract or parcel of land, at the last known address of each owner as may appear on the assessment roll oft the Montezuma County Assessor, Colorado, a notice of such assessment. Such notice shall contain a description of the lot, tract or parcel ofl land, the name of the owner or owners and the amount oft the B. All notice to property owners, as herein provided, shall be at such property owner's address as set forth on the assessment roll in the office oft the county assessor of  assessment.  Montezuma County, Colorado. (Ord. No. 475, 4-9-2007)  (Ord. 465 (part), 2005: Or4.274557,10,1968)  16    8.08.070-Assessment--Fallure to pay.  It shall bet the duty of the owner or owners toy pay such assessment or to object thereto in writing as herein provided within thirty days after receipt of such notice of assessment. If said owner or owners fail to object in writing within thirty days, they shall be deemed to have waived hearing on such assessment and shall be personally liable fort the amount of the assessment and the same shall also be a lien upon the respective lot, tract or parcel of land upon which: said work was done from the time oft the assessment, and the town shall have all the remedies for collection provided by the statutes of the state, including the right to certify the assessment to the proper officers oft the County of Montezuma, Colorado, for the purposes of having the same placed upon thei tax roli and collected in  the same manner as property taxes are now collected. (Ord. 465 (part), 2005.004.274511,1968)  (Ord. No. 475, 4-9-2007)  8.08.080-Assessmessment-Payment.  The amount of such assessment may be paid toi the town clerk at anyt time before the tax list is placed int the hands oft the county treasurer or other property county officer, but after the taxl list has been placed in the hands of the county treasurer or other proper  county officer, payment be made only to the county treasurer.  (Ord. 465 (part), 2005: Ord. 274512, 1968) .08.090-Assessment-Obyection.  Ini the event any owner or owners, desire to object to the assessment they shall, within thirty days after receipt of the notice, file a written objection with the town clerk who shall thereupon designate the next regular meeting of the board oftrustees as the date when  this objection may be heard by the board oft trustees. (Ord. 465 (part), 2005:C Ord.274513, .1968) .08,100-Assessment-Cerufication.  Inc case the owner or owners fail to pay the assessment or to object thereto within the required time as provided ini this chapter, then it shall bet the duty oft the town clerk to certify the amount oft the assessment to the proper county officers, that they may collect the assessment as provided for by the statutes of the state for the collection of delinquent  general taxes. (Ord. 274514,1968)  17    8.08.110-Violatiolation-Penalty.  Ina addition to the above-stated costs which may be assessed against the owner as general taxes and/or a lien upon the real estate, it shall be unlawful for any person to violate this chapter, and any person who violates the provisions oft this chapter, shall upon conviction, bet fined in a sum of not more than fourhundred.ninetynne-wehundres-dollarsandor  onehundred-eignty-daysinyal.  (Ord. 473 (part), 2007; Ord. 465 (part), 2005: Ord. 274515,1968)  (Ord. No. 475, 4-9-2007)  18    TOWN OFI DOLORES RESOLUTION NO.507 SERIES 2022  ARESOLUTION: AUTHORIZING THE TOWN" TO CLOSE A CONTRACTTO PURCHASE REALI PROPERTY WHEREAS, the Town of Dolores, Coloradoi is a statutory towni incorporated under the laws oft the state WHEREAS the Board of Trustees is authorized pursuant to Colorado law to enter into agreements in order to acquire real property and land as may be necessary, or suitable for the public interest. WHEREAS, the Town of Dolores has entered into a contract dated September 27, 2022 for the purchase of real property located at 601 Central Ave, Dolores Colorado, as amended, which is scheduled to close October 31, 2022, and which is legally described. as Lots1, 2, 3 and 4, Block 13, TOWN OF DOLORES, according to the plat thereof filed for record February 8, 1892 in Book 1 at Page: 25. WHEREAS, the Board of Trustees whishes to designate responsible persons to execute closing documents and authorize the expenditure ofi funds to purchase said real property.  LOCATED AT 601 CENTRAL AVE.  of Colorado;  NOW,THEREFORE, BE ITF RESOLVED BY THE BOARD OF TRUSTEES OF1 THE TOWN OF DOLORES as follows: 1. The Board of Trustees ratifies the contract as amended to purchase the above described real 2. Ani inspection objection has been made by the Town of Dolores pursuant to Section 10 of the 3. The Board of Trustees delegates to the Town Manager, Kenneth Charles and the Mayor, Leigh Reeves, the: following authority on behalf of the Town of Dolores to execute documents pursuant to the terms of the purchase contract dated September 27, 2022:  property in the original amount of $379,900.  Contract which the Town accepts to resolve as follows: <<TBD>>.  a. Toa approve the deed, settlement statement, closing instructions, and other closing document reasonably necessary to accomplish the purchase pursuant to thet terms of b. Toe execute on behalf of the Town of Dolores any other documents reasonably necessary to close the above-described purchase of real property, including approval of the deed,  the Contract identified herein; and,  settlement statements, and customary closing documents.  4. The Board of Trustees appropriate and/or allocates thet funds necessary to close the above referenced purchase contract of the within described rea! property, including the remaining balance of the purchase price, title insurance, and closing costs up to but note exceeding $384,900 to pay the remaining balance oft the purchase pricel less the earnest money paid and  the customary costs of closing as set forth int the contract.    5. The Board of Trustees authorizes the Town Treasurer and staff to issue payment to Colorado Title and Closing Services, LLC per the closing instructions and! buyer'ssettiement: statement 6. The Town Manager and Mayor are authorized to execute any other documents reasonably necessary to accomplish the purchase of the subject property at 601 Central Ave., Dolores 7. Ifanys section, clause, phrase, word other provisions of this resolution shall for any reason be heldi invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases words or other provisions and the validity of this resolution shall stand INTRODUCED, READ AND PASSED AS A RESOLUTION AT THE REGUALR MEETING OF THE BOARD OF TRUSTEES OFTHETOWN OF DOLORES HELD ON OCTOBER 24, 2022, AT WHICH, A QUORUM WAS ADPOPTED by the Board of Trustees of the Town of Dolores, Colorado, October 24, 2022.  approved by the Town Attorney.  Colorado consistent with thei intent of this resolution.  notwithstanding.  PRESENT.  THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By: Attest:  Mayor Leigh Reeves  Town Clerk Tammy Neely    Dolores, Colorado)  October17,2022  Tom Metsa, OHVI Program Manager COLORADO PARKS AND WILDLIFE 13787 South Hwy 85 Littleton, Colorado 80125  RE: Colorado State Parks and Wildlife OHV Grant  Dear Mr. Metsa:  The Town of Dolores Supports the efforts of the Dolores Ranger District to pursue grant funding from the Colorado! State Parks and Wildlife OHV Program to fund projects for the maintenance of motorized trails on the San Juan National Forest. The Town of Dolores supports the grant requests for thet following three The Calico Trail Project- The District proposes to hire a Southwest Conservation Corp crew for up to 8 weeks of work on the Calico Trail located north of Rico, Colorado near the Lizard Head Wilderness area. The trail is a popular motorized route that ties into a number of other motorized trails such as the Eagle Peak, Stoner Mesa, and Priest Gulch trails as well as a number of Forest Service roads and other single- track routes. This section of trail was rerouted over 3 years ago and now requires some focused maintenance. Work includes stabilization of drainage crossings, signage, tread, and drainage repair. Dozer 24 Project- This year our Dozer crew completed heavy maintenance on a variety of trails near the communities of Mancos, Dolores, and Rico. The district is requesting funds that will pay the salaries ofa returning dozer operator and a swamper. This crew' will focus on heavy maintenance of our motorized Good Management Trail Crew 20- Beginning in 2003, the district has staffed ai trail crew who works on The Dolores Ranger District has successfully partnered with the Good Management Program trail crew and the Southwest Conservation Corp on trail maintenance projects for the last decade. This relationship and much needed: support have helped to maintain popular trails such as the Calico, Aspen Loop, Boggy Draw ATV loop and Stoner Mesa trails. The accomplishments of these crews could not have been done We appreciate your consideration and ongoing support of our great regional motorized trail system and  grant proposals:  trail system using the district's trail dozer.  the San. Juan Forest's motorized trails using funds from the motorized trail program.  without the assistance from the State OHV Program. the Dolores Ranger District's trail program.  Respectfully,  Leigh Reeves, Mayor  420 Central Ave, P 01 Box 630 Dolores, CO. 81323 Ph. 970-882-7720 fax. 970-882-7466 https./townofdolores.colorado.gov    10/17/22, 2:01 PM  Town of Dolores Mail- Joe Rowell Park Master Plan Questionnaire #2 results  Gmail  Kenneth Charles manager@townordolores.com>  Joe Rowell Park Master Plan Questionnaire #2 results  101 messages  Janal McKenzie JMckenzie@logansimpson.com>  Thu, Oct 6, 2022 at 4:35PM  To: Kenneth Charles manager@townoldolores.com>, Kalin Grigg kalingrngg@gmal.com>  Hello Ken and Kalin,  Attached are the results oft the survey. There were not nearly as many respondents and not as many in-town residents as  lwould have liked. What do you think?  Although the sample size is small, Ithink the results support all of the other comments we have received. There continues to be the same controversy over a skate park - those who love ita and those who do not, as well as al bridge over the river. There seems to be less debate over the bike park and no negative sentiments about the dog park, which should be higher priority than the skate parki in my opinion. Paved versus unpaved paths is a detail, andi in a lot of ways, agree with the person who said don't pave everything. The challenge is maintaining those surfaces year-round and especially to meet the requirements oft the ADA. Ican advise you on special natural surface mixes that hold upl better (e.g. national park service uses them), but they are: almost completely impervious too, just like concrete.  BTW, Alex has decided to work part-time for another firm (she would not tell us which one) and will only be with us fora few more days. lam noti including her on further correspondence at this point because Ihave other staff who are very capable and experienced. lam sad to see her go, have developed a good friendship with her, and hope she can happily  figure out what her career path is going tol be along with other life challenges.  Jana  Jana D. McKenzie, Principal FASLA, LEED-AP she/her/hers  You may reach me quickest by email, or by calling my cell phone (970-227-3699.  LOGANSIMPSON GUIDING RESPONSIBLE CHANGE  P970.449.4100, ext. 4903/C970-227-3699 213 Linden Street, Suite 300 Fort Collins, CO, 80524 maemaedopmmpencon wwlogansimpson.om  mapalimatgpoge.comimalon-aTaRaseylasch-atgaminemestamansATASTANR2APsanPhmag-AA1A5979418. 1/4    55  E 3 € A E  SOUTHZ 2NDST.