TARGETING TROUBLE SPOTS

Council Moves To Rein In Public Nuisances

Colorado Springs police are one step closer to seizing homes, bars,
motels and any other property where repeated crimes are committed and
owners are ignoring the problems.

The Springs City Council passed a public-nuisance ordinance Tuesday -
the first of its kind in the Springs - aimed at places where drug
deals, prostitution, drive-by shootings and other crimes frequently
require police attention.

Property managers, real estate agents, attorneys and others objected
to the proposal, calling it vague, unconstitutional and unfair. They
say they can't be liable for the actions of others and worry police
will overuse the law.

All eight council members present supported the ordinance, which moves
to a routine final reading in two weeks before it becomes effective.
Lionel Rivera was absent.

Police say problem sites waste officers' time and taxpayers' money and
they need the new law to protect neighborhoods.

"We need a bigger hammer," said Police Chief Lorne Kramer. "We're
talking about resolving and maintaining quality of life in
neighborhoods that are disturbed."

Current laws don't tackle all problems, Kramer said, pointing to an
example of a do-it-yourself car wash on the city's southeast side
where gang members gathered after hours.

"There were drive-by shootings, loud music. Nobody could sleep.
Neighbors were looking at us like, 'Do something,'" Kramer said. "By
the time we showed up, the music was turned down. There was nothing we
could do while they were standing around thumbing their noses at us."

If a public-nuisance ordinance - such as the one approved Tuesday -
were in place, police could require the owner of the car wash to post
"no trespassing" signs so police could ticket the gang members, or
build a fence around the property, increase lighting or take other
action, Kramer said.

The chief promised the ordinance would be used only against property
owners who are not doing anything to alleviate the problem. As long as
owners are taking "reasonable" steps toward fixing the problem - even
if they are unsuccessful in their attempts - they would not be
prosecuted, he said. And, property seizures would occur only with
approval from a judge.

Seizure would last a minimum of three months. To reopen, the owner
would have to prove no violation took place or that a remedy to the
problem is in place.

While the city controls the property, the owner would remain
responsible for the mortgage, maintenance and other costs. If after
one year the owner is not eligible to regain the property, the city
could sell it.

Property owners worry the ordinance might be overused by police
because any place with two or more occurrences of illegal activity can
be considered a public nuisance under the law.

"This could apply to any liquor establishment, any club, even the
Broadmoor," said Paul Murphy of the Pikes Peak Association of Realtors.

And it can apply to home owners, a fact that concerns Nancy Ryan,
president of Jubilee Real Estate Services and manager of about 35 homes.

"What in the world is the general public supposed to do to stop
drive-by shootings?" Ryan asked the council. "Surely you're not
expecting us to sit on our front porches with AK-47s and shoot every
car that approaches because they might be one."

Council members said a citizens' advisory committee can keep an eye on
how the ordinance is being used and said that they will review its use
in one year.

Councilwoman Judy Noyes called the law a benefit "to the welfare of
the community as a whole."