Acts of Public Nuisance

Nuisance abatement is a civil action that can be pursued along with criminal prosecution.

For the purposes of this program, "public nuisance" means:

  • The condition or use of any parcel (house, apartment, etc.) where two or more separate violations of the Boulder Revised Code have occurred within a year; or
  • Three or more separate violations have occurred within a two-year period, if during each such violation, the conduct of the person committing the violation was such as to annoy residents in the vicinity of the parcel or passers-by on the public streets, sidewalks, and rights-of-way in the vicinity of the parcel.

The potential outcome of a nuisance abatement action is a corrective, injunctive-type order issued by municipal court. A property owner cannot be deprived of his/her property under this regulation (Chapters 10-2.5: Abatement of Public Nuisances and 12-2: Landlord Tenant Relations).

There are no specific violations or actions that are designated as "public nuisance" acts. Whether or not a violation triggers the nuisance abatement process is a decision left to the responding law enforcement agency. For instance, a trash violation may, in some cases, trigger the nuisance abatement process. In other instances, the problem might be best handled with a municipal court summons.

The nuisance abatement ordinance was enacted as a remedy to:

  • Give local law enforcement and the municipal court authority to take civil action to stop properties from being in consistent and repeated violation of municipal laws;
  • Make property owners and tenants vigilant in preventing public nuisances on or in their properties;
  • Make property owners responsible for the use of their properties by tenants, guests and occupants;
  • Provide locally enforceable remedies for violations of local ordinances; and
  • Otherwise deter public nuisances.

This ordinance is one of several options the city may use to respond to repeated municipal violations.

Report a Public Nuisance

See the complaint categories

Submit your complaint

  • Find the relevant code violation and follow instructions to submit your complaint to non-emergency dispatch
  • You can reach non-emergency dispatch at 303-441-1875

The Nuisance Abatement Process

  1. Following the first violation, written notice of the violation will be given;
  2. Following a second violation within the one year (Aug. 1 to July 31) period, the city will schedule a settlement meeting involving all anyone who might be named as defendants in any nuisance abatement proceeding. Note: The purpose of the settlement meeting is to obtain a voluntary compliance agreement, in which relevant parties agree to take corrective action to abate and avoid nuisance conditions.
  3. If no voluntary compliance agreement is achieved, or if an agreement is achieved but the city determines that a party has failed to comply with the terms of the agreement, the matter may be referred to the City Attorney for evaluation and potential filing of a nuisance abatement action.