§ 30-28-210 — County court actions for civil penalties for building violations

Colorado § 30-28-210

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

Text

(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 30-28-209, any
person, firm, or corporation violating any 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 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 30-28-209, 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, 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 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 building inspector, the building inspector, 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 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. 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 building
inspector 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 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. 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
building inspector 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.

Legislative History

Source: L. 98: Entire section added, p. 340, � 2, effective July 1. L. 2006: (1), (2)(b), (2)(d), (3), and (4) amended, p. 235, � 5, effective July 1.