§ 30-28-124 — Penalties

Colorado § 30-28-124

• Jurisdiction: Colorado
• Title 30: Government
• Art.: County Planning and Building Codes

Text

(1) (a) It is unlawful to erect, construct, reconstruct, or
alter any building or structure 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. Any person, firm,
or corporation violating any such regulation, provision, or amendment thereof, or
any provision of this part 1 commits a civil infraction. Each day during which such
illegal erection, construction, reconstruction, or alteration continues shall be
deemed a separate offense.

(b) (I) It is unlawful to use any building, structure, or land in violation of any
regulation in, or of any provision of, any zoning resolution, or any amendment
thereto, enacted or adopted by any board of county commissioners under the
authority of this part 1. Any person, firm, or corporation violating any such
regulation, provision, or amendment commits a civil infraction. Each day during
which such illegal use of any building, structure, or land continues shall be deemed
a separate offense.

(II) Whenever a county zoning official authorized pursuant to section 30-28-114 has personal knowledge of any violation of this paragraph (b), he or she shall
give written notice to the violator to correct the violation within ten days after the
date of the notice. Should the violator fail to correct the violation within the ten-day
period, the zoning official may request that the sheriff of the county issue a
summons and complaint to the violator, stating the nature of the violation with
sufficient particularity to give notice of the charge to the violator. The summons
and complaint shall require that the violator appear in county court at a definite
time and place stated therein to answer and defend the charge.

(III) One copy of said summons and complaint shall be served upon the
violator by the sheriff of the county in the manner provided by law for the service of
a criminal summons. One copy each shall be retained by the sheriff and the county
zoning official, and one copy shall be transmitted by the sheriff to the clerk of the
county court.

(c) It is the responsibility of the county attorney to enforce the provisions of
this subsection (1). In the event that there is no county attorney or in the event that
the board of county commissioners deems it appropriate, the board of county
commissioners may appoint the district attorney of the judicial district to perform
such enforcement duties in lieu of the county attorney.

(2) In case any building or structure is or is proposed to be erected,
constructed, reconstructed, altered, or used, or any land is or is proposed to be
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 institute an injunction, mandamus, abatement, or other
appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful
erection, construction, reconstruction, alteration, or use. In the event that there is
no county attorney or in the event that the board of county commissioners deems it
appropriate, the board of county commissioners may appoint the district attorney of
the judicial district to perform such enforcement duties in lieu of the county
attorney.

Legislative History

Source: L. 39: p. 308, � 24. CSA: C. 45A, � 24. CRS 53: � 106-2-24. C.R.S. 1963: � 106-2-23. L. 77: Entire section R&RE, p. 1459, � 3, effective June 9. L. 2006: (1)(b)(II) amended, p. 233, � 1, effective July 1. L. 2021: (1)(a) and (1)(b)(I) amended, (SB 21-271), ch. 462, p. 3249, � 509, effective March 1, 2022.