§ 35-5.5-118 — Civil penalties

Colorado § 35-5.5-118

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Colorado Noxious Weed Act

Text

(1) (a) Any person who violates this article or any
rule adopted pursuant to this article is subject to a civil penalty, as determined by
the commissioner. The penalty shall not exceed one thousand dollars per violation;
except that such penalty may be doubled if it is determined that the person has
violated the provision or rule more than once. No civil penalty shall be imposed
unless and until the person charged is given notice and opportunity for a hearing
pursuant to article 4 of title 24, C.R.S.

(b) In addition to any civil penalties assessed pursuant to paragraph (a) of
this subsection (1), any person who violates the provisions of section 35-5.5-104.5,
35-5.5-108, or 35-5.5-108.5, or any rule adopted to implement these sections, shall,
upon an order of the commissioner, pay the cost of inspection and eradication of list
A or list B noxious weed species, including, but not limited to, any immediate
remediation costs, the estimated cost of future eradication, any administrative
costs, and any court cost and attorney fees incurred by the commissioner in
enforcing section 35-5.5-104.5, 35-5.5-108, or 35-5.5-108.5, or any rule adopted to
implement these sections. The commissioner may not enforce such order unless
and until the person charged is given notice and opportunity for a hearing pursuant
to article 4 of title 24, C.R.S. All moneys due and owing pursuant to this paragraph
(b) shall be payable to the department for the payment and reimbursement of
enforcement and costs associated with such enforcement and are hereby
continuously appropriated to the department for such purpose.

(2) If the commissioner is unable to collect a civil penalty, payment of costs
imposed pursuant to subsection (1) of this section, or if the person fails to pay all or
a specified portion of such penalty or payment, the department may bring suit in
any court of competent jurisdiction to recover such amount plus costs and attorney
fees.

(3) Before imposing any civil penalty or payment of costs, the commissioner
may consider the effect of such penalty or payment of costs on the ability of the
person charged to stay in business.

(4) All civil penalties and payment of costs collected pursuant to this section
shall be deposited in the noxious weed management fund created in section 35-5.5-116.

Legislative History

Source: L. 96: Entire section added, p. 773, � 17, effective May 23. L. 2003: Entire section amended, p. 2425, � 5, effective August 6.