SENATE BILL 98055
BY SENATORS Dennis and Schroeder;
also REPRESENTATIVES Lawrence and Spradley.
CONCERNING THE ENFORCEMENT AUTHORITY OF COUNTY GOVERNMENTS
FOR VIOLATIONS OF COUNTY LAWS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
1 of article 28 of title 30, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
3028124.5. County court
actions for civil penalties and costs for zoning violations.
(1) IT IS UNLAWFUL TO ERECT, CONSTRUCT, RECONSTRUCT,
ALTER, OR USE ANY BUILDING, STRUCTURE, OR LAND IN VIOLATION OF
ANY REGULATION IN, OR OF ANY PROVISIONS OF, ANY ZONING RESOLUTION
OR ANY AMENDMENT THEREOF, ENACTED OR ADOPTED BY THE BOARD OF COUNTY
COMMISSIONERS UNDER THE AUTHORITY OF THIS PART 1. IN ADDITION
TO ANY PENALTIES IMPOSED PURSUANT TO SECTION 3028124,
ANY PERSON, FIRM, OR CORPORATION VIOLATING ANY SUCH REGULATION,
PROVISION, OR AMENDMENT THEREOF OR ANY PROVISION OF THIS PART
1 MAY BE SUBJECT TO THE IMPOSITION, BY ORDER OF THE COUNTY COURT,
OF A CIVIL PENALTY IN AN AMOUNT OF NOT LESS THAN TWO HUNDRED FIFTY
DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS. IT IS WITHIN THE
DISCRETION OF THE COUNTY ATTORNEY TO DETERMINE WHETHER TO PURSUE
THE CIVIL PENALTIES SET FORTH IN THIS SECTION, THE REMEDIES SET
FORTH IN SECTION 3028124, OR BOTH. EACH DAY AFTER
THE ISSUANCE OF THE ORDER OF THE COUNTY COURT DURING WHICH SUCH
UNLAWFUL ACTIVITY CONTINUES SHALL BE DEEMED A SEPARATE VIOLATION
AND SHALL, IN ACCORDANCE WITH THE SUBSEQUENT PROVISIONS OF THIS
SECTION, BE THE SUBJECT OF A CONTINUING PENALTY IN AN AMOUNT NOT
TO EXCEED FIFTY DOLLARS FOR EACH SUCH DAY. IN NO EVENT SHALL CIVIL
PENALTIES IMPOSED PURSUANT TO THIS SECTION CONSTITUTE A LIEN AGAINST
THE REAL PROPERTY.
(2) (a) IN THE EVENT ANY BUILDING
OR STRUCTURE IS ERECTED, CONSTRUCTED, RECONSTRUCTED, ALTERED,
OR USED OR ANY LAND IS USED IN VIOLATION OF ANY REGULATION OR
PROVISION OF ANY ZONING RESOLUTION, OR AMENDMENT THERETO, ENACTED
OR ADOPTED BY ANY BOARD OF COUNTY COMMISSIONERS UNDER THE AUTHORITY
GRANTED BY THIS PART 1, THE COUNTY ATTORNEY OF THE COUNTY IN WHICH
SUCH BUILDING, STRUCTURE, OR LAND IS SITUATED, IN ADDITION TO
OTHER REMEDIES PROVIDED BY LAW, MAY COMMENCE A CIVIL ACTION IN
COUNTY COURT FOR THE COUNTY IN WHICH SUCH BUILDING, STRUCTURE,
OR LAND IS SITUATED, SEEKING THE IMPOSITION OF A CIVIL PENALTY
IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
(b) A COUNTY ZONING OFFICIAL DESIGNATED
BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SHALL, UPON
PERSONAL INFORMATION AND BELIEF THAT A VIOLATION OF ANY REGULATION
OR PROVISION OF ANY ZONING RESOLUTION ENACTED UNDER THE AUTHORITY
OF THIS PART 1 HAS OCCURRED, GIVE WRITTEN NOTICE TO THE VIOLATOR
TO CORRECT SUCH VIOLATION WITHIN THIRTY DAYS AFTER THE DATE OF
SUCH NOTICE. IF THE VIOLATOR FAILS TO CORRECT THE VIOLATION WITHIN
SUCH THIRTYDAY PERIOD OR WITHIN ANY EXTENSION PERIOD GRANTED
BY THE ZONING OFFICIAL, THE ZONING OFFICIAL MAY REQUEST THAT THE
SHERIFF OF THE COUNTY OR THE COUNTY ATTORNEY ISSUE A SUMMONS AND
COMPLAINT TO THE VIOLATOR, STATING THE NATURE OF THE VIOLATION
WITH SUFFICIENT PARTICULARITY TO GIVE NOTICE OF SUCH CHARGE TO
THE VIOLATOR.
(c) ONE COPY OF THE SUMMONS AND COMPLAINT
ISSUED PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (2) SHALL
BE SERVED UPON THE VIOLATOR IN THE MANNER PROVIDED BY LAW FOR
THE SERVICE OF A COUNTY COURT CIVIL SUMMONS AND COMPLAINT IN ACCORDANCE
WITH THE COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE. THE
SUMMONS AND COMPLAINT SHALL ALSO BE FILED WITH THE CLERK OF THE
COUNTY COURT AND THEREAFTER THE ACTION SHALL PROCEED IN ACCORDANCE
WITH THE COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE.
(d) IF THE COUNTY COURT FINDS, BY A PREPONDERANCE
OF THE EVIDENCE, THAT A VIOLATION OF ANY REGULATION OR PROVISION
OF A ZONING RESOLUTION, OR AMENDMENT THERETO, AS ENACTED AND ADOPTED
BY THE BOARD OF COUNTY COMMISSIONERS, HAS OCCURRED, THE COURT
SHALL ORDER THE VIOLATOR TO PAY A CIVIL PENALTY IN AN AMOUNT ALLOWED
PURSUANT TO SUBSECTION (1) OF THIS SECTION. SUCH PENALTY SHALL
BE PAYABLE IMMEDIATELY BY THE VIOLATOR TO THE COUNTY TREASURER.
IN THE EVENT THAT THE ALLEGED VIOLATION HAS BEEN CURED OR OTHERWISE
REMOVED AT LEAST FIVE DAYS PRIOR TO THE APPEARANCE DATE IN THE
SUMMONS, THEN THE COUNTY ATTORNEY SHALL SO INFORM THE COURT AND
REQUEST THAT THE ACTION BE DISMISSED WITHOUT FINE OR APPEARANCE
OF THE DEFENDANT.
(3) UPON THE FILING WITH THE COURT OF
A RECEIPT ISSUED BY THE COUNTY TREASURER SHOWING PAYMENT IN FULL
OF A CIVIL PENALTY ASSESSED PURSUANT TO THIS SECTION AND UPON
THE FILING OF AN AFFIDAVIT OF THE COUNTY ZONING OFFICIAL THAT
THE VIOLATION HAS BEEN CURED, REMOVED, OR CORRECTED, THE COURT
SHALL DISMISS THE ACTION AND ISSUE A SATISFACTION IN FULL OF THE
JUDGMENT SO ENTERED.
(4) IF A RECEIPT SHOWING FULL PAYMENT
OF THE CIVIL PENALTY OR THE AFFIDAVIT REQUIRED BY SUBSECTION (3)
OF THIS SECTION IS NOT FILED, THE ACTION SHALL CONTINUE AND THE
COURT SHALL RETAIN JURISDICTION TO IMPOSE AN ADDITIONAL PENALTY
AGAINST THE VIOLATOR IN THE AMOUNT SPECIFIED IN SUBSECTION (1)
OF THIS SECTION. SUCH ADDITIONAL PENALTY SHALL BE IMPOSED BY
THE COURT UPON MOTION FILED BY THE COUNTY AND PROOF THAT THE VIOLATION
HAS NOT BEEN CURED, REMOVED, OR CORRECTED. THEREAFTER, THE ACTION
SHALL CONTINUE UNTIL THE FILING WITH THE COURT OF A RECEIPT ISSUED
BY THE COUNTY TREASURER SHOWING PAYMENT IN FULL OF THE CIVIL PENALTY
AND ANY ADDITIONAL PENALTIES SO ASSESSED AND THE FILING OF AN
AFFIDAVIT OF THE COUNTY ZONING OFFICIAL THAT THE VIOLATION HAS
BEEN CURED, REMOVED, OR CORRECTED.
SECTION 2. Part
2 of article 28 of title 30, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
3028210. County court actions
for civil penalties and costs for building violations.
(1) IT IS UNLAWFUL TO ERECT, CONSTRUCT, RECONSTRUCT,
ALTER, MAINTAIN, OR USE ANY BUILDING, STRUCTURE, OR LAND IN VIOLATION
OF THIS PART 2 OR ANY PROVISIONS OF THE AREA BUILDING CODE. IN
ADDITION TO ANY PENALTIES IMPOSED PURSUANT TO SECTION 3028209,
ANY PERSON, FIRM, OR CORPORATION VIOLATING ANY SUCH PROVISION
OF THIS PART 2 OR ANY PROVISION OF THE AREA BUILDING CODE MAY
BE SUBJECT TO THE IMPOSITION, BY ORDER OF THE COUNTY COURT, OF
A CIVIL PENALTY IN AN AMOUNT OF NOT LESS THAN TWO HUNDRED FIFTY
DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS. IT IS WITHIN THE
DISCRETION OF THE COUNTY ATTORNEY TO DETERMINE WHETHER TO PURSUE
THE CIVIL PENALTIES SET FORTH IN THIS SECTION, THE REMEDIES SET
FORTH IN SECTION 3028209, OR BOTH. EACH DAY AFTER
THE ISSUANCE OF THE ORDER OF THE COUNTY COURT DURING WHICH SUCH
UNLAWFUL ACTIVITY CONTINUES SHALL BE DEEMED A SEPARATE VIOLATION
AND SHALL IN ACCORDANCE WITH THE SUBSEQUENT PROVISIONS OF THIS
SECTION, BE THE SUBJECT OF A CONTINUING PENALTY IN AN AMOUNT NOT
TO EXCEED FIFTY DOLLARS FOR EACH SUCH DAY. IN NO EVENT SHALL CIVIL
PENALTIES IMPOSED PURSUANT TO THIS SECTION CONSTITUTE A LIEN AGAINST
THE REAL PROPERTY.
(2) (a) IN THE EVENT ANY BUILDING
OR STRUCTURE IS ERECTED, CONSTRUCTED, RECONSTRUCTED, ALTERED,
MAINTAINED, OR USED IN VIOLATION OF THIS PART 2 OR OF ANY PROVISION
OF THE AREA BUILDING CODE, THE COUNTY ATTORNEY OF THE COUNTY IN
WHICH SUCH BUILDING OR STRUCTURE IS SITUATED, IN ADDITION TO OTHER
REMEDIES PROVIDED BY LAW, MAY COMMENCE A CIVIL ACTION IN COUNTY
COURT FOR THE COUNTY IN WHICH SUCH BUILDING OR STRUCTURE IS SITUATED,
SEEKING THE IMPOSITION OF A CIVIL PENALTY IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
(b) A BUILDING INSPECTOR DESIGNATED BY
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SHALL, UPON PERSONAL
INFORMATION AND BELIEF THAT A VIOLATION OF THIS PART 2 OR OF ANY
PROVISION OF THE AREA BUILDING CODE HAS OCCURRED, GIVE WRITTEN
NOTICE TO THE VIOLATOR TO CORRECT SUCH VIOLATION WITHIN THIRTY
DAYS AFTER THE DATE OF SUCH NOTICE. IF THE VIOLATOR FAILS TO
CORRECT THE VIOLATION WITHIN SUCH THIRTYDAY PERIOD OR WITHIN
ANY EXTENSION PERIOD GRANTED BY THE BUILDING INSPECTOR, THE BUILDING
INSPECTOR MAY REQUEST THAT THE SHERIFF OF THE COUNTY OR THE COUNTY
ATTORNEY ISSUE A SUMMONS AND COMPLAINT TO THE VIOLATOR, STATING
THE NATURE OF THE VIOLATION WITH SUFFICIENT PARTICULARITY TO GIVE
NOTICE OF SUCH CHARGE TO THE VIOLATOR.
(c) ONE COPY OF THE SUMMONS AND COMPLAINT
ISSUED PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (2) SHALL
BE SERVED UPON THE VIOLATOR IN THE MANNER PROVIDED BY LAW FOR
THE SERVICE OF A COUNTY COURT CIVIL SUMMONS AND COMPLAINT IN ACCORDANCE
WITH THE COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE. THE
SUMMONS AND COMPLAINT SHALL ALSO BE FILED WITH THE CLERK OF THE
COUNTY COURT AND THEREAFTER THE ACTION SHALL PROCEED IN ACCORDANCE
WITH THE COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE.
(d) IF THE COUNTY COURT FINDS, BY A PREPONDERANCE
OF THE EVIDENCE, THAT A VIOLATION OF THIS PART 2 OR OF ANY PROVISION
OF THE AREA BUILDING CODE HAS OCCURRED, THE COURT SHALL ORDER
THE VIOLATOR TO PAY A CIVIL PENALTY IN AN AMOUNT ALLOWED PURSUANT
TO SUBSECTION (1) OF THIS SECTION. SUCH PENALTY SHALL BE PAYABLE
IMMEDIATELY BY THE VIOLATOR TO THE COUNTY TREASURER. IN THE EVENT
THAT THE ALLEGED VIOLATION HAS BEEN CURED OR OTHERWISE REMOVED
AT LEAST FIVE DAYS PRIOR TO THE APPEARANCE DATE IN THE SUMMONS,
THEN THE COUNTY ATTORNEY SHALL SO INFORM THE COURT AND REQUEST
THAT THE ACTION BE DISMISSED WITHOUT FINE OR APPEARANCE OF THE
DEFENDANT.
(3) UPON THE FILING WITH THE COURT OF
A RECEIPT ISSUED BY THE COUNTY TREASURER SHOWING PAYMENT IN FULL
OF A CIVIL PENALTY ASSESSED PURSUANT TO THIS SECTION AND UPON
THE FILING OF AN AFFIDAVIT OF THE COUNTY BUILDING INSPECTOR THAT
THE VIOLATION HAS BEEN CURED, REMOVED, OR CORRECTED, THE COURT
SHALL DISMISS THE ACTION AND ISSUE A SATISFACTION IN FULL OF THE
JUDGMENT SO ENTERED.
(4) IF A RECEIPT SHOWING FULL PAYMENT
OF THE CIVIL PENALTY OR THE AFFIDAVIT REQUIRED BY SUBSECTION (3)
OF THIS SECTION IS NOT FILED, THE ACTION SHALL CONTINUE AND THE
COURT SHALL RETAIN JURISDICTION TO IMPOSE AN ADDITIONAL PENALTY
AGAINST THE VIOLATOR IN THE AMOUNT SPECIFIED IN SUBSECTION (1)
OF THIS SECTION. SUCH ADDITIONAL PENALTY SHALL BE IMPOSED BY
THE COURT UPON MOTION FILED BY THE COUNTY AND PROOF THAT THE VIOLATION
HAS NOT BEEN CURED, REMOVED, OR CORRECTED. THEREAFTER, THE ACTION
SHALL CONTINUE UNTIL THE FILING WITH THE COURT OF A RECEIPT ISSUED
BY THE COUNTY TREASURER SHOWING PAYMENT IN FULL OF THE CIVIL PENALTY
AND ANY ADDITIONAL PENALTIES SO ASSESSED AND THE FILING OF AN
AFFIDAVIT OF THE COUNTY BUILDING INSPECTOR THAT THE VIOLATION
HAS BEEN CURED, REMOVED, OR CORRECTED.
SECTION 3. Effective
date applicability. This act shall take
effect July 1, 1998, and shall apply to violations occurring on
or after said date.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO