Colorado "Nuisance Property" City Ordinance Put on Hold

A recently adopted Broomfield, Colo., city ordinance designed to penalize residents who fail to fix up unsightly homes has been put on hold.

Citizens for Fair Ordinances - a local group of residents opposed to Broomfield's so-called "nuisance property ordinance" - collected enough signatures to require city council to reconsider the action, according to Broomfield city and county clerk Russ Ragsdale. The petition, which required 918 valid signatures, was submitted Oct. 9.

"We were thrilled with the community response," said Louise Benson, who spearheaded the effort to circulate the petitions. "Originally, we thought if we didn't collect enough signatures, at least we tried. In some ways, we were surprised at the outpouring of support, but in many ways, we weren't."

Ordinance 1891, which passed on a 7-1 vote Sept. 9, states homeowners could be fined up to $1,000 or up to 12 months in jail if their homes meet three or more of 17 possible violations outlined by the city. The criteria include unlawful accumulation of rubbish, dead or overgrown landscaping, missing doors and broken fencing.

The petition effectively suspends the ordinance for the time being, Ragsdale said. Council may address the issue of the petition at a regularly scheduled meeting Oct. 28, he said, though nothing has been finalized.

Council has two options; they can either repeal the ordinance entirely or put the issue up to vote in a special election. The city would need to hold the special election within 90 to 150 days from the day the petition was filed, Ragsdale said.

A special election would cost approximately $50-60,000 to hold, he said.

Benson, who feels the nuisance property ordinance is too strict and costly in the current economic climate, said the city was too hasty in passing the law.

"The main message is that if city council wants to do something this important that affects so many people in a major way, they need to put it up to a vote," she said. "They moved entirely too quickly on this and they didn't gather enough information from the people who would be affected."

The city, however, did include provisions in the ordinance to help homeowners avoid fines.
Under the law, homeowners would have up to 30 days after being issued a notice of violation to make the necessary repairs before being issued a summons. Owners who aren't able to make the fixes, such as the elderly, would be offered assistance if they're unable to make the repairs by the deadline.

Regardless, Benson said the ordinance is overreaching and is urging the city to better enforce its current property nuisance regulations.

"It's just not the right time to force people to spend thousands of dollars to make often unnecessary repairs," she said. "