(1) If a municipality serves upon an owner and tenant of real property notice of a violation of a nuisance ordinance committed by a tenant on property that the owner rents or leases to a tenant, the owner shall have the right to deliver written notice to the tenant to abate the nuisance. If the tenant does not abate the nuisance within five days after delivery of the notice, the owner may enter the exterior area of the property and abate the nuisance.
This section shall not be construed to prohibit a property owner from entering anyarea of the property under the terms of the lease with the tenant.
If the abatement of a nuisance pursuant to this section requires the removal of amotor vehicle from the property, the property owner may abate the nuisance only by hiring a towing carrier, as defined in section 40-10.1-101, C.R.S., to take the vehicle to a lot for storage under appropriate protection.
Unless the lease provides otherwise, the tenant shall be liable to the owner of the realproperty for the amount of the owner's direct costs in abating a nuisance pursuant to this section and for the amount of the fine imposed upon the owner on and after the date on which the tenant received notice of the nuisance from the municipality pursuant to section 31-15-401 (1)(c).
Nothing in this section shall be construed to limit a tenant's legal remedies for harmcaused by a property owner to the tenant's person or to the tenant's property other than the property that is the subject of an abatement pursuant to this section.
Source: L. 2005: Entire section added, p. 550, § 2, effective January 1, 2006. L. 2011:
(3) amended, (HB 11-1198), ch. 127, p. 418, § 10, effective August 10.