Colorado Legislative Council Staff

LOCAL

FISCAL NOTE

No State General Fund Impact

Local Government Revenue and Expenditure Impact

TITLE:            CONCERNING THE ENFORCEMENT AUTHORITY OF COUNTY GOVERNMENTS FOR VIOLATIONS OF COUNTY LAWS.

Summary of Legislation

            This bill authorizes the board of county commissioners to mandate that the provisions concerning violations, penalties, and enforcement of ordinances in Section 30-115-4, C.R.S., to apply to any ordinance adopted by the board unless that ordinance includes specific penalty and enforcement provisions.

            The bill also prohibits the erection, construction, reconstruction, alteration, or use of any building, structure, or land in violation of any regulation or zoning resolution adopted by the board of county commissioners. The bill specifies that a violation shall be subject by order of the county court to a civil penalty of not less than $250 nor more than $500 plus costs in addition to any other penalties that may be imposed. The bill also specifies that each day the unlawful activity continues after the issuance of the order of the court shall be considered a separate violation and shall be subject to a continuing penalty of not more than $50 per day.

            The county attorney may commence a civil action in county court seeking the imposition of a civil penalty and recovery of fees and court costs. The bill requires a county zoning official to give written notice to the violator to correct the violation within 30 days of the notice. If the violator fails to correct the violation, the official may request the sheriff or the county attorney issue a summons and complaint to the violator. If the court finds that a violation has occurred, the court shall order the violator to pay a civil penalty to the county treasurer. If the violator fails to pay the penalty, the court is authorized to impose an additional penalty against the violator.

            The provisions of this bill will be effective on July 1, 1998 and will apply to violations occurring on or after that date.

            This bill will not affect state revenue or expenditures. It will affect county revenue and expenditures. Therefore, the bill is assessed as having a fiscal impact.

State Expenditures

            Under current law, violations of zoning ordinances are heard in district court. This bill allows these violations to be heard in county court which may reduce the caseload of district courts. The Judicial Branch indicates the current caseload for this type of cases is insignificant, therefore, any corresponding reduction in expenditures is also expected to be minimal.

Local Government Impact

            This bill allows a county attorney to seek civil penalties, plus recovery of costs, in county court for violations of a county zoning resolution or amendment. The provisions of this bill may increase county court caseload, however, that increase is anticipated to be minimal.

            The bill also provides for the imposition of civil penalties by order of the county court for these violations, in addition to any other penalties that may be imposed. Based upon a minimal number of court cases, the additional revenue generated by these violations is estimated to be minimal.

Spending Authority

            This fiscal note would imply that no new state spending authority or appropriations are required for FY 1998-99 to implement the provisions of this bill.

Departments Contacted

            Local Affairs              Judicial