(1)(a) It is unlawful to
erect, construct, reconstruct, or alter any building or structure in a manner that
results in a violation of any regulation in, or of any provisions of, the area building
code, or any amendment thereof, enacted or adopted by the board of county
commissioners under the authority of this part 2. Any person, firm, or corporation
violating any such regulation, provision, or amendment thereof, or any provision of
this part 2, 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 or structure in violation of any
regulation in, or of any provision of, the area building code, or any amendment
thereto, enacted or
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(1) (a) It is unlawful to
erect, construct, reconstruct, or alter any building or structure in a manner that
results in a violation of any regulation in, or of any provisions of, the area building
code, or any amendment thereof, enacted or adopted by the board of county
commissioners under the authority of this part 2. Any person, firm, or corporation
violating any such regulation, provision, or amendment thereof, or any provision of
this part 2, 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 or structure in violation of any
regulation in, or of any provision of, the area building code, or any amendment
thereto, enacted or adopted by any board of county commissioners under the
authority of this part 2. Any person, firm, or corporation violating any such
regulation, provision, or amendment thereof commits a civil infraction. Each day
during which such illegal use of any building or structure continues shall be
deemed a separate offense. Nothing in this subsection (1)(b)(I) prohibits the use of
any building or structure in violation of an otherwise applicable building code where
the use complies with any building code that was in effect at the time the building
or structure was erected, constructed, reconstructed, or altered.
(II) Whenever a county building inspector authorized pursuant to sections
30-28-114 and 30-28-205, or any inspector employed by an intergovernmental
entity created in accordance with the requirements of part 2 of article 1 of title 29,
C.R.S., who exercises the functions of a county building inspector, has personal
knowledge of any violation of the requirements of subparagraph (I) 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. Where the violator fails to
correct the violation within the ten-day period, the county building inspector 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 the 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
building inspector, 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). Where there is no county attorney or in the event that the board
of county commissioners deems it appropriate, the board may appoint the district
attorney of the judicial district in which the building or structure is located 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 in violation of any regulation or
provision of the area building code, or amendment thereto, enacted or adopted by
any board of county commissioners under the authority granted by this part 2, 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. Where there is no county attorney or in the event that the board deems it
appropriate, the board may appoint the district attorney of the judicial district in
which the building or structure is located to perform such enforcement duties in
lieu of the county attorney.