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Emergency Order 2020-19 Regarding Public Nuisances (AMENDED) Emergency Order 2020-19 (Amended) CITY OF BOULDER ORDER RELATED TO DECLARATION OF LOCAL DISASTER EMERGENCY A disaster emergency was declared by the city manager on March 14, 2020. The city council confirmed and extended the emergency declaration until further notice at the March 16, 2020 special council meeting. Pursuant to Section 2-2.5-7 “Powers” B.R.C. 1981, the city manager finds a need to issue this order in order to protect the health, safety and welfare of persons or property within the city or to otherwise preserve the public peace or abate, clean up or mitigate the effects of any disaster emergency. 1. Section 2-2.5-7(r) provides authority to “suspend or modify provisions of any ordinance if strict compliance with such ordinance would prevent, hinder, or delay action that is necessary to cope with any disaster emergency.” 2. In September, Boulder County experienced a significant spike in new COVID-19 cases. The daily reported new cases rose from 19 on September 2, 2020 to a high of 207 new cases on September 20. The vast majority of the infected individuals were in the 18 to 22-year-old age range. 3. On September 24, 2020, Boulder County Public Health issued Public Health Order 2020-7-3 prohibiting gatherings of anyone aged 18 to 22 anywhere in the city of Boulder and requiring residents of 36 properties to stay at home. 4. This order along with other efforts effectively reduced the spread of COVID-19. 5. On October 13, 2020, Boulder County Public Health eased the restrictions on 18 to 22-year-old residents. 6. The vast majority of 18 to 22-year-old residents of the city of Boulder have complied with the regulations. 7. In the past week, however, there have been a series of gatherings that range in size with some exceeding over 200 attendees. 8. The gatherings violate city Emergency Order 2020-3. 9. The city’s Public Nuisance Code provides a means by which the city manager can abate public nuisances. The Code provides that the city manager can seek abatement if users of a property commit two offenses within twelve months or three violations within twenty-four months that serve to annoy adjacent residents. 10. The Code further requires that notice be provided to the property owner via personal service or certified mail. 11. I find that these code provisions prevent, hinder and delay action that is necessary to cope with the COVID-19 disaster emergency. 12. Effective immediately the definition of “Public Nuisance” in section 10-2.5-2 “Definitions,” B.R.C. 1981 is modified as follows: Public nuisance means the condition or use of any parcel on or in which two or more separate violations have occurred within the preceding twelve-month period between August 1 and continuing through July 31 of each year or between March 16, 2020 and March 15, 2021 or the end of the current disaster emergency or three or more separate violations have occurred within any period of twenty-four consecutive months, 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 of passers-by on the public streets, sidewalks and rights-of-way in the vicinity of the parcel. A violation of any public health order or any violation of the Boulder Revised Code that includes underlying facts related to a violation of any public health order or any violation of the Boulder Revised Code that includes underlying facts related to a violation of any public health order constitutes conduct that would annoy residents in the vicinity of the parcel or passers-by. However, this definition of "public nuisance" is subject to the defenses set forth in paragraph 10-2.5-8(a)(2), B.R.C. 1981. Also, a public nuisance is not established when the only person annoyed is a law enforcement officer engaged in carrying out official duties. 13. Section 10-2.5-6(a)(1)(A) “Required Procedures Prior to Commencement of Public Nuisance Action,” B.R.C. 1981 is modified as follows: The notice shall be personally served upon the owner or served by certified mail to the parcel, addressed to the owner by name, mailed to the owner by name at any different address of the owner as shown in the records of the Boulder County Assessor or of the Boulder County Clerk and Recorder or by electronic mail to the electronic mail address on file with the city manager for the purpose of issuing a rental license for the property. Personal service or service by mail shall be given no later than thirty days following the date of the violation unless the violation occurred during the current COVID-19 disaster emergency, in which case notice may be provided for any violation that occurred after March 16, 2020. 14. Section 10-2.5-6(a)(2)(B) “Required Procedures Prior to Commencement of Public Nuisance Action,” B.R.C. 1981 is modified as follows: Notice of the meeting may be given by personal service, by first class mail confirmed by a telephonic communication with the person to whom notice is provided, or by any other means so long as it can be established that notice of the meeting was actually received by the party to whom such notice was provided. Notice shall be provided within thirty days of the date of the final violation that serves as the basis for the meeting unless the violation occurred during the current COVID-19 disaster emergency, in which case notice may be provided for any violation that occurred after March 16, 2020. 15. Section 10-2.5-7(a)(1) “Commencement of Public Nuisance Actions; Prior Notification,” B.R.C. 1981 is modified as follows: At least ten calendar days before filing a civil action pursuant to the provisions of this chapter, a notice to the owner and occupants of the parcel shall be posted at some prominent place on the parcel. A notice shall also be mailed to the owner of the parcel. The mailing of the notice shall be deemed sufficient if mailed by certified mail to the owner at the address shown of record relating to the parcel for such owner in the records of the Boulder County Assessor. The notice shall also be deemed sufficient if provided by electronic mail to the electronic mail address on file with the city manager for the purpose of issuing a rental license for the property. The posted and mailed notices shall state that the parcel has been identified as the location of an alleged public nuisance and that a civil action pursuant to the provisions of this chapter may be filed. This order is necessary to prevent the assembly of large groups of people which will present a risk of infection during the disaster emergency. Once issued, this order may be changed from time to time during the period of a declared disaster emergency based upon the discretion of the city manager. Enforcement: Pursuant to Section 2-2.5-8 “Adherence to Emergency Orders” B.R.C. 1981, Police, code enforcement and such other law enforcement and peace officers as may be authorized by the city manager shall be authorized to enforce the orders, rules and regulations made or issued pursuant a declared disaster emergency. Notice: All members of the public shall be deemed to have been given notice of the restrictions contained within a declaration upon its dissemination to the news media or publication on city websites or by use of other means of publicity. Violation of Order: During the period of a declared disaster emergency, a person shall not: (1) Enter or remain upon the premises of any establishment not open for business to the general public, unless such person is the owner or authorized agent of the establishment; (2) Violate any of the orders duly issued by the city manager or designee pursuant to such declaration; or (3) Willfully obstruct, hinder or delay any duly authorized city officer, employee or volunteer in the enforcement or exercise of the provisions of this chapter, or of the undertaking of any activity pursuant to this chapter. DATE: _____________ 2020, ___________ a.m. / p.m. __________________________________ City Manager or other Authorized City Official as designated by Chapter 2-2.5 “Civil Emergencies and Disasters” B.R.C., 1981. October 22 6:00 p.m. Jane S. Brautigam