LOCAL ADVOCACY UPDATE
CITY OF BOULDER—NEW Chronic Nuisance Ordinance:
The Proposed Chronic Nuisance Ordinance passed August 8, 2024. If you have been reading our emails and articles, you are aware that we have been working on this project for some time. After countless meetings, phone calls and collaboration with city staff, we were able to get amendments to the ordinance. In fact between study session and the introduction of the ordinance, all of our requested changes with the exception of two that dealt with notices were implemented. One was on giving warnings to property managers and the other was sending a copy of chronic to the property manager.
Through our advocacy efforts, Mayor Brockett worked with city staff (Laurel Witt of the city’s attorney office) to put together an amendment on notice to agent that was adopted unanimously during the public hearing. Special thanks goes to Karen Braem with Springman, Braden , Wilson and Pontius for all her work in reviewing and drafting changes on behalf of BARHA.
Now that the ordinance has passed, here is a basic primer. In the proposal there is no longer the term, “nuisance abatement” instead they separate a public nuisance (one ticket) from a chronic nuisance (multiple tickets as defined below). Generally, if you are deemed a “chronic nuisance” you go through something akin to the abatement process as we know it now. The goal is to focus on the top 2% of properties that have the most tickets.
Key highlights:
They have increased the amount of tickets (public nuisances) you can receive before being considered a chronic nuisance. It is important to note that calls for service is not included in the count.
The number of tickets (public nuisances) required that deems you a “chronic nuisance” changes depending on the number of units in the building. This is based on prior ticket data.
Single family: 5 or more public nuisance a year
A parcel with 2 dwelling units: 7 or more public nuisances a year
A parcel with 3-9 dwelling units: 7 or more public nuisances a year
A parcel with 10-99 dwelling units: 15 or more public nuisances a year
A parcel with 100 or more dwelling units: 50 or more public nuisances a year
The type of tickets that can be included to give you “chronic nuisance” status is broad. It includes weeds, trash, snow, noise, quiet enjoyment, building code, fire code, public health, criminal, etc.
A year has been defined as August to August.
If you are deemed a “chronic nuisance” there is no longer a settlement meeting. Instead, you must submit a management plan within 10 days of notice for acceptance by the city resulting in an abatement agreement. In working with council and staff we were able to alter the definition of the abatement agreement, adding language that is must be reasonable and legally enforceable. We were also able to strengthen notice language so that property managers would receive notice in most cases.
It gives the city the opportunity to issue a reduced term rental license if you have had either an unresolved ticket or have been deemed a chronic nuisance within the last year.
We did work to add some defenses such has “Demand for Compliance” but in order to retain that defense an abatement agreement must be in place.
At the most recent council meeting there was a lot of discussion about whether or not permanent supportive housing should be exempt. In the end they did not exempt that type of housing but will hold off on enforcement for that type of property at this time to gather more data.
Thanks again to all those property managers and owners that gave input on this project. As always if you have comments or questions, please contact me at meghan@barhaonline.org .