(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 30-28-124, 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 five hundred dollars nor more than one thousand dollars.
It is within the discretion of the county attorney to determine whether to pursue the
civil penalties set forth in this secti
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(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 30-28-124, 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 five hundred dollars nor more than one thousand 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 30-28-124,
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 one hundred dollars for each such
day. Until paid, any civil penalty ordered by the county court and assessed under
this subsection (1) shall, as of recording, be a lien against the property on which the
violation has been found to exist. In case the assessment is not paid within thirty
days, it may be certified by the county attorney to the county treasurer, who shall
collect the assessment, together with a ten percent penalty for the cost of
collection, in the same manner as other taxes are collected. The laws of this state
for assessment and collection of general taxes, including the laws for the sale and
redemption of property for taxes, shall apply to the collection of assessments
pursuant to this subsection (1). Any lien placed against the property pursuant to this
subsection (1) shall be recorded with the clerk and recorder of the county in which
the property is located.
(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 the violation within
ten days after the date of the notice. If the violator fails to correct the violation
within the ten-day period or within any extension period granted by the zoning
official, the zoning official, the sheriff of the county, or the county attorney may
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.
(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. The 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 and the violator has notified the
county zoning official of the cure or removal at least five business 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. The court may also dismiss the
action upon a motion of the county attorney indicating that the matter has been
otherwise resolved.
(4) If a receipt showing full payment of the civil penalty or the affidavit or the
motion by the county attorney 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. The 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, or until a
motion by the county attorney to dismiss the action is granted by the court.