C.R.S. Section 30-28-210
County court actions for civil penalties for building violations


(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)

Intentionally left blank —Ed.

(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.

Source: Section 30-28-210 — County court actions for civil penalties for building violations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-30.­pdf (accessed Oct. 20, 2023).

30–28–101
Definitions
30–28–102
Unincorporated territory
30–28–103
County planning commission
30–28–104
Chairman - rules - staff - information - grants and gifts
30–28–105
Regional planning commission
30–28–106
Adoption of master plan - contents
30–28–107
Surveys and studies
30–28–108
Adoption of plan by resolution
30–28–109
Certification of plan
30–28–110
Regional planning commission approval - required when - recording
30–28–111
Zoning plan
30–28–112
Certification of plan - hearings
30–28–113
Regulation of size and use - districts - definitions - repeal
30–28–114
Enforcement - inspector - permits
30–28–115
Public welfare to be promoted - legislative declaration - construction
30–28–116
Regulations may be amended
30–28–117
Board of adjustment
30–28–118
Appeals to board of adjustment
30–28–119
District planning commissions
30–28–120
Existing structures - county property
30–28–121
Temporary regulations
30–28–122
Submission to division of planning
30–28–123
Higher standards govern
30–28–124
Penalties
30–28–124.5
County court actions for civil penalties for zoning violations
30–28–125
Filing with county clerk and recorder
30–28–126
Appropriation authorized
30–28–127
Public utilities exceptions
30–28–128
Term of membership
30–28–129
Inclusion of land in regional planning commission
30–28–130
Notice of intent to withdraw
30–28–131
Planning commission responsibilities in a common geographic area
30–28–132
Concurrent planning jurisdiction - authorized agreements and contracts
30–28–133
Subdivision regulations
30–28–133.1
Subdivision plan or plat - access to public highways
30–28–133.5
Review of plats and other plans
30–28–134
Telecommunications research facilities of the United States - inclusions in planning and zoning
30–28–135
Safety glazing materials
30–28–136
Referral and review requirements
30–28–137
Guarantee of public improvements
30–28–138
Referral to municipality
30–28–139
Merger of lots - notice - hearing - assessment of merged parcels
30–28–140
Parking and electric vehicle charging stations - legislative declaration
30–28–201
Commissioners may adopt - emission performance standards required - reporting
30–28–202
Designation of zoned area - hearing
30–28–203
Purpose of codes
30–28–204
Amendment of building code
30–28–205
County building inspector - permit required - appeal
30–28–206
Board of review - qualifications - powers
30–28–207
Board of review - meetings - appeals
30–28–208
Copies of code available - evidence
30–28–209
Violation - injunction and other remedies
30–28–210
County court actions for civil penalties for building violations
30–28–211
Energy efficient building codes - legislative declaration - definitions
30–28–212
Charging station rules prohibited
30–28–301
Legislative declaration
30–28–302
Definitions
30–28–303
Creation of land division study area
30–28–304
Preparation and adoption of plan for platting notice - withdraw from plan - requirements for adoption
30–28–305
Preparation of subdivision exemption plat
30–28–306
Preparation of deeds
30–28–307
Conveyance of title to district court
30–28–308
Recordation of subdivision exemption plat
30–28–309
Reconveyance of title to property owners
30–28–310
Assessment of costs
30–28–311
Cancellation of process
30–28–312
Limitation on liability
30–28–313
Severability
30–28–401
Legislative declaration
30–28–402
Definitions
30–28–403
Cluster development
30–28–404
Water - sewage - roadways - notification to state engineer
Green check means up to date. Up to date

Current through Fall 2024

§ 30-28-210’s source at colorado​.gov