§ 8-20-228 — Hazardous, dangerous conditions - duty of director

(1) It is the
duty of the director of the division of oil and public safety, whenever the director
has reasonable and probable grounds to believe that a hazardous or dangerous
condition exists due to deterioration of fuel products storage and piping facilities
which are endangering human and environmental life to determine the reason for
the condition. The director may order the person responsible for the hazardous or
dangerous condition to take corrective measures within a reasonable period of time
to alleviate or eliminate the condition, and if the measures are not taken within such
time, the director may act to alleviate or eliminate the same.

(2) If any person fails or refuses to comply with any such order of the
director of the division of oil and public safety, the director, in the name of the
people of the state of Colorado and through the attorney general, may apply to any
district court having jurisdiction for a mandatory injunction to compel compliance
with such order to alleviate or eliminate such hazardous or dangerous condition.

(3) The provisions of this part 2 shall not extend to nor be applicable to cities
which are organized under article XX of the state constitution. If any such city
desires to become subject to this part 2, the same may be accomplished by a
resolution of the legislative body of such city adopted in the usual manner.

Legislative History

Source: L. 67: p. 144, � 1. C.R.S. 1963: � 100-2-29. L. 73: p. 1067, � 5. L. 2001: (1) and (2) amended, p. 1119, � 19, effective June 5.