County Enforcement Authority

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 26-0804.01 Nicole Myers x4326 HOUSE BILL 26-1239
House Committees Senate Committees
Transportation, Housing & Local Government Local Government & Housing
A BILL FOR AN ACT
CONCERNING MODIFICATIONS TO A COUNTY 'S ENFORCEMENT101
AUTHORITY IN CONNECTION WITH PROPERTY IN THE COUNTY.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill updates and modernizes county enforcement authority in
connection with:
! Providing for and compelling the removal of rubbish,
including trash, junk, and garbage, from property within the
county;
! Providing for and compelling the removal of weeds and
SENATE
3rd Reading Unamended
April 8, 2026
SENATE
Amended 2nd Reading
April 7, 2026
HOUSE
3rd Reading Unamended
March 13, 2026
HOUSE
Amended 2nd Reading
March 12, 2026
HOUSE SPONSORSHIP
Goldstein and Richardson, Bacon, Hamrick, McCluskie, Nguyen, Phillips, Stewart K.
SENATE SPONSORSHIP
Mullica, Coleman, Marchman, Roberts
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
brush from property within the county;
! Providing for and compelling the removal or securing of
any building or structure in the county, with specified
exceptions, that, due to its condition, presents a substantial
danger or hazard to the public health, safety, or welfare;
and
! The unlawful erection, construction, reconstruction,
alteration, or use of any building or structure in the county
or the use of any land in the county in violation of a zoning
resolution or ordinance adopted by the board of county
commissioners.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 13-6-105, amend (1)2
introductory portion and (1)(f)(II); and add (1)(f)(II.5) as follows:3
13-6-105. Specific limits on civil jurisdiction.4
(1) The county court has no civil jurisdiction except THE5
JURISDICTION that IS specifically conferred upon it by law. In particular,6
it THE COUNTY COURT has no jurisdiction over the following matters:7
(f) Original proceedings for the issuance of injunctions, except:8
(II) As required to enforce restrictive covenants on residential9
property and to enforce section 6-1-702.5; and10
(II.5) A S PROVIDED IN SECTIONS 30-15-401, 30-28-124, AND11
30-28-209; AND12
SECTION 2. In Colorado Revised Statutes, 30-15-401, amend13
(1) introductory portion, (1)(a)(I), (1)(a)(I.5)(A), (1)(a)(I.5)(C), and14
(1)(q); and add (2)(d) as follows:15
30-15-401. General regulations - definitions.16
(1) In addition to those THE powers granted by sections 30-11-10117
and 30-11-107 and by parts 1, 2, and 3 of this article 15, the board of18
county commissioners may adopt ordinances for control or licensing of19
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those matters THAT ARE of purely local concern AND that are described in1
the following enumerated powers:2
(a) (I) (A) To provide for and compel the removal of rubbish,3
including trash, junk, and garbage, from lots and tracts of land PROPERTY4
within the county except industrial tracts of ten or more acres and5
agricultural land currently in agricultural use as the term agricultural land6
is defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind7
and from the sidewalk areas in front of such property at such time ANY8
PUBLIC RIGHT OF WAY IMMEDIATELY ADJACENT TO THE PROPERTY TO THE9
EXTENT THE CONDITION IS CAUSED BY THE PROPERTY OWNER OR10
OCCUPANT OR ORIGINATES FROM THE PROPERTY, upon such notice, and in11
such manner as the board of county commissioners may prescribe by12
ordinance, including removal performed by the county upon notice to and13
failure of the property owner to remove such THE rubbish, and to assess14
the reasonable cost thereof OF THE REMOVAL OF THE RUBBISH, including15
five TEN percent for inspection and other incidental costs in connection16
therewith WITH THE COST OF THE COUNTY 'S REMOVAL OF THE RUBBISH ,17
upon the lots and tracts PROPERTY from which such THE COUNTY HAS18
REMOVED THE rubbish. has been removed Ordinances passed by a board19
of county commissioners for the removal of rubbish pursuant to this20
sub-subparagraph (A) shall SUBSECTION (1)(a)(I)(A) MUST include21
provisions for applying for and exercising an administrative entry and22
seizure warrant issued by a county or district court having THAT HAS23
jurisdiction over the property from which THE COUNTY WILL REMOVE THE24
rubbish. shall be removed. Any assessment pursuant to this25
sub-subparagraph (A) shall be SUBSECTION (1)(a)(I)(A) IS a lien against26
such lot or tract of land THE PROPERTY until paid and shall have HAS27
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priority over all other liens except general taxes and prior special1
assessments. In A case such WHEN THE assessment is not paid within a2
reasonable time AS specified by ordinance, it may be certified by the clerk3
AND RECORDER OR COUNTY ATTORNEY MAY CERTIFY THE NONPAYMENT4
to the county treasurer, who shall collect the assessment, together with a5
ten percent penalty for the cost of collection, in the same manner as other6
taxes are collected. The laws of this state for assessment and collection7
of general taxes, including the laws for the sale and redemption of8
property for taxes, shall apply to the collection of assessments BY THE9
COUNTY TREASURER pursuant to this sub-subparagraph (A) SUBSECTION10
(1)(a)(I)(A).11
(B) A county court or district court having THAT HAS jurisdiction12
over property from which THE COUNTY WILL REMOVE rubbish shall be13
removed pursuant to the ordinances authorized by sub-subparagraph (A)14
of this subparagraph (I) SUBSECTION (1)(a)(I)(A) OF THIS SECTION shall15
issue an administrative entry and seizure warrant for the COUNTY'S16
removal of such THE rubbish. Such THE COURT SHALL ISSUE THE warrant17
shall be issued upon A COUNTY'S presentation by a county TO THE COURT18
of ordinance provisions which THAT meet the requirements of19
sub-subparagraph (A) of this subparagraph (I) SUBSECTION (1)(a)(I)(A)20
OF THIS SECTION and a sworn or affirmed affidavit stating the factual basis21
for such THE warrant, evidence that the property owner has received22
notice of the violation and has failed to remove the rubbish within a23
reasonable prescribed period, of time a general description of the location24
of the property which THAT is the subject of the warrant, a general list of25
any rubbish to be removed from such THE property, and the proposed26
disposal or temporary impoundment of such THE rubbish, whichever the27
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court deems appropriate. Within ten THIRTY days following the date of1
THE COURT 'S issuance of an administrative entry and seizure warrant2
pursuant to the provisions of this sub-subparagraph (B), such SUBSECTION3
(1)(a)(I)(B), THE EXECUTING AUTHORITY SHALL EXECUTE THE warrant4
shall be executed in accordance with THE ISSUING COURT'S directions, by5
the issuing court, PROVIDE OR MAIL a copy of such THE issued warrant6
shall be provided or mailed to the property owner, and SUBMIT TO THE7
COURT proof of the execution of such THE warrant, including a written8
inventory of any property impounded by the executing authority. shall be9
submitted to the court by the executing authority.10
(I.5) (A) To provide for and compel the removal of weeds and11
brush from lots and tracts of land PROPERTY within the county except12
agricultural land currently in agricultural use as the term agricultural land13
is defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind14
and from the sidewalk areas in front of such property at such time, ANY15
PUBLIC RIGHT OF WAY IMMEDIATELY ADJACENT TO THE PROPERTY TO THE16
EXTENT THE CONDITION IS CAUSED BY THE PROPERTY OWNER OR17
OCCUPANT OR ORIGINATES FROM THE PROPERTY, upon such notice, and in18
such manner as the board of county commissioners may prescribe by19
ordinance, including removal performed by the county upon notice to and20
failure of the property owner to remove such THE weeds and brush, and21
to assess the reasonable cost thereof OF THE REMOVAL OF THE WEEDS AND22
BRUSH, including ten percent for inspection and other incidental costs in23
connection therewith WITH THE COUNTY 'S REMOVAL OF WEEDS AND24
BRUSH, upon the property from which such THE COUNTY HAS REMOVED25
weeds have been removed AND BRUSH. Ordinances passed by a board of26
county commissioners for the removal of weeds and brush pursuant to27
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this sub-subparagraph (A) shall SUBSECTION (1)(a)(I.5)(A) MUST include1
provisions for applying for and exercising an administrative entry and2
seizure warrant issued by a county or district court having THAT HAS3
jurisdiction over the property from which THE COUNTY WILL REMOVE4
weeds and brush. shall be removed. Any assessment ASSESSED BY THE5
COUNTY pursuant to this sub-subparagraph (A) shall be SUBSECTION6
(1)(a)(I.5)(A) IS a lien against such THE property until paid and shall have7
HAS priority based on its date of recording. A county shall not compel the8
removal of weeds and brush pursuant to this sub-subparagraph (A) upon9
any lot or tract of land within the county during such time that a mortgage10
or deed of trust secured by the lot or tract of land is being foreclosed upon11
(C) A county court or district court having THAT HAS jurisdiction12
over property from which THE COUNTY WILL REMOVE weeds and brush13
shall be removed pursuant to the ordinances authorized by14
sub-subparagraph (A) of this subparagraph (I.5) SUBSECTION15
(1)(a)(I.5)(A) OF THIS SECTION shall issue an administrative entry and16
seizure warrant for the COUNTY'S removal of such THE weeds and brush.17
Such T HE COURT SHALL ISSUE THE warrant shall be issued upon A18
COUNTY'S presentation by a county TO THE COURT of ordinance provisions19
which THAT meet the requirements of sub-subparagraph (A) of this20
subparagraph (I.5) SUBSECTION (1)(a)(I.5)(A) OF THIS SECTION and a21
sworn or affirmed affidavit stating the factual basis for such THE warrant,22
evidence that the property owner has received notice of the violation and23
has failed to remove the weeds and brush within a reasonable prescribed24
period, of time a general description of the location of the property which25
THAT is the subject of the warrant, and the proposed disposal of such THE26
weeds and brush. Within ten THIRTY days following the date of THE27
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COURT'S issuance of an administrative entry and seizure warrant pursuant1
to the provisions of this sub-subparagraph (C) such THIS SUBSECTION2
(1)(a)(I.5)(C), THE EXECUTING AUTHORITY SHALL EXECUTE THE warrant3
shall be executed in accordance with directions by the issuing court,4
PROVIDE OR MAIL a copy of such THE issued warrant shall be provided or5
mailed to the property owner, and SUBMIT TO THE COURT proof of the6
execution of such THE warrant. shall be submitted to the court by the7
executing authority8
(q) (I) To provide for and compel the removal OR SECURING of any9
building or structure, except for a building or structure on affected land10
subject to the "Colorado Mined Land Reclamation Act", as the term11
"affected land" is defined in section 34-32-103 (1.5), C.R.S., SECTIONS12
34-32-103 (1.5) AND 34-32.5-103 (1), or on lands subject to the "Colorado13
Surface Coal Mining Reclamation Act", pursuant to article 33 of title 34,14
C.R.S., the condition of which presents a substantial danger or hazard to15
public health, safety, or welfare, or any dilapidated building of whatever16
kind which THAT is unused by the owner, or uninhabited because of17
deterioration or decay, which condition constitutes a fire hazard, or18
subjects adjoining property to danger of damage by storm, soil erosion,19
or rodent infestation, or which THAT becomes a place frequented by20
trespassers and transients seeking a temporary hideout or shelter, at such21
time, upon such notice, and in such manner as the board of county22
commissioners may prescribe by ordinance, including the removal OR23
SECURING performed by the county upon notice to and failure of the24
property owner to remove such OR SECURE THE building or structure, and25
to assess the whole cost of such THE removal OR SECURING, including26
incidental costs and a reasonable fee for inspection which fee THAT shall27
1239-7-
not exceed five TEN percent of the total amount due in connection1
therewith WITH THE REMOVAL OR SECURING OF THE BUILDING OR2
STRUCTURE, upon the property from which such building or structure has3
been removed OR SECURED. ORDINANCES PASSED BY A BOARD OF COUNTY4
COMMISSIONERS FOR THE REMOVAL OR SECURING OF ANY BUILDING OR5
STRUCTURE PURSUANT TO THIS SUBSECTION (1)(q)(I) MUST INCLUDE6
PROVISIONS FOR THE COUNTY APPLYING FOR AND EXERCISING AN7
ADMINISTRATIVE ENTRY AND SEIZURE WARRANT ISSUED BY A COUNTY OR8
DISTRICT COURT THAT HAS JURISDICTION OVER THE PROPERTY FROM9
WHICH THE BUILDING IS REMOVED OR SECURED.10
(II) Any assessment pursuant to this paragraph (q) shall be11
SUBSECTION (1)(q) IS a lien against such THE property until paid. If such12
THE assessment is not paid within a reasonable time as specified by13
ordinance, it may be certified by the clerk and recorder OR COUNTY14
ATTORNEY MAY CERTIFY THE NONPAYMENT to the county treasurer, who15
shall collect the assessment, together with a ten percent penalty for the16
cost of collection, in the same manner as other taxes are collected.17
(III) A COUNTY COURT OR DISTRICT COURT THAT HAS18
JURISDICTION OVER PROPERTY FROM WHICH A BUILDING OR STRUCTURE IS19
REMOVED OR SECURED PURSUANT TO THE ORDINANCES AUTHORIZED BY20
SUBSECTION (1)(q)(I) OF THIS SECTION SHALL ISSUE AN ADMINISTRATIVE21
ENTRY AND SEIZURE WARRANT FOR THE REMOVAL OR SECURING OF THE22
BUILDING OR STRUCTURE. THE COURT SHALL ISSUE THE WARRANT UPON23
A COUNTY'S PRESENTATION OF ORDINANCE PROVISIONS THAT MEET THE24
REQUIREMENTS OF THIS SUBSECTION (1)(q)(III) AND A SWORN OR25
AFFIRMED AFFIDAVIT STATING THE FACTUAL BASIS FOR THE WARRANT ,26
EVIDENCE THAT THE PROPERTY OWNER HAS RECEIVED NOTICE OF THE27
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VIOLATION AND HAS FAILED TO REMOVE OR SECURE THE BUILDING OR1
STRUCTURE WITHIN A REASONABLE PRESCRIBED TIME , A GENERAL2
DESCRIPTION OF THE LOCATION OF THE PROPERTY THAT IS THE SUBJECT OF3
THE WARRANT, A GENERAL DESCRIPTION OF THE BUILDING OR STRUCTURE4
TO BE REMOVED FROM PROPERTY OR SECURED , AND THE PROPOSED5
DISPOSAL OR TEMPORARY IMPOUNDMENT OF REMNANTS OF THE BUILDING6
OR STRUCTURE , WHICHEVER THE COURT DEEMS APPROPRIATE . WITHIN7
THIRTY DAYS FOLLOWING THE DATE OF THE COURT 'S ISSUANCE OF AN8
ADMINISTRATIVE ENTRY AND SEIZURE WARRANT PURSUANT TO THIS9
SUBSECTION (1)(q)(III), THE EXECUTING AUTHORITY SHALL EXECUTE THE10
WARRANT IN ACCORDANCE WITH DIRECTIONS BY THE ISSUING COURT ,11
PROVIDE OR MAIL A COPY OF SUCH ISSUED WARRANT TO THE PROPERTY12
OWNER, AND SUBMIT TO THE COURT PROOF OF THE EXECUTION OF THE13
WARRANT, INCLUDING A WRITTEN INVENTORY OF ANY PROPERTY14
IMPOUNDED BY THE EXECUTING AUTHORITY.15
(2) (d) IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW,16
A COUNTY MAY ENFORCE ORDINANCES ENACTED PURSUANT TO17
SUBSECTIONS (1)(a)(I), (1)(a)(I.5), (1)(a)(V)(A), AND (1)(q) OF THIS18
SECTION AS FOLLOWS:19
(I) T O PROCEED WITH AN ACTION PURSUANT TO SUBSECTION20
(2)(d)(II) OF THIS SECTION, THE COUNTY SHALL PROVIDE WRITTEN NOTICE21
TO THE PROPERTY OWNER OF THE VIOLATION AND THE TIME IN WHICH THE22
VIOLATION MUST BE REMEDIED. THE WRITTEN NOTICE MUST DESCRIBE ANY23
POTENTIAL ENFORCEMENT AUTHORITY OF THE COUNTY, INCLUDING ANY24
POSSIBLE LIENS DUE TO ABATEMENT COSTS.25
(II) I F, AFTER THE COUNTY HAS GIVEN WRITTEN NOTICE TO THE26
PROPERTY OWNER AS DESCRIBED IN SUBSECTION (2)(d)(I) OF THIS SECTION,27
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THE PROPERTY OWNER FAILS TO ABATE THE VIOLATIONS DESCRIBED IN THE1
NOTICE, THE PROPERTY OWNER VIOLATING THE COUNTY ORDINANCE2
SHALL, AT THE REQUEST OF THE COUNTY, BE SUBJECT TO THE IMPOSITION3
OF, BY ORDER OF THE COUNTY OR DISTRICT COURT , A CIVIL PENALTY OF4
NOT LESS THAN ONE HUNDRED DOLLARS OR MORE THAN TWO THOUSAND5
SIX HUNDRED FIFTY DOLLARS PER DAY OF THE VIOLATION . THE CIVIL6
PENALTY MUST BE IN ACCORDANCE WITH THE COUNTY ORDINANCE. EACH7
DAY THAT A VIOLATION OCCURS IS DEEMED A SEPARATE OFFENSE AND THE8
PENALTY CONTINUES UNTIL THE VIOLATION IS REMEDIED. UNTIL PAID, ANY9
CIVIL PENALTY ORDERED BY THE COUNTY OR DISTRICT COURT AND10
ASSESSED PURSUANT TO THIS SUBSECTION (2)(d)(II) IS, AS OF RECORDING,11
A LIEN AGAINST THE PROPERTY ON WHICH THE VIOLATION HAS BEEN12
FOUND TO EXIST. IN CASE THE ASSESSMENT IS NOT PAID WITHIN THIRTY13
DAYS, THE CLERK AND RECORDER OR COUNTY ATTORNEY MAY CERTIFY14
THE LACK OF PAYMENT TO THE COUNTY TREASURER, WHO SHALL COLLECT15
THE ASSESSMENT, TOGETHER WITH A TEN PERCENT PENALTY FOR THE COST16
OF COLLECTION, IN THE SAME MANNER AS OTHER TAXES ARE COLLECTED.17
THE LAWS OF THIS STATE FOR ASSESSMENT AND COLLECTION OF GENERAL18
TAXES, INCLUDING THE LAWS FOR THE SALE AND REDEMPTION OF19
PROPERTY FOR TAXES , APPLY TO THE COLLECTION OF ASSESSMENTS20
PURSUANT TO THIS SUBSECTION (2)(d)(II). ANY LIEN PLACED AGAINST THE21
PROPERTY PURSUANT TO THIS SUBSECTION (2)(d)(II) MUST BE RECORDED22
WITH THE CLERK AND RECORDER OF THE COUNTY IN WHICH THE PROPERTY23
IS LOCATED.24
(III) THE MINIMUM CIVIL PENALTY THAT THE COURT MAY IMPOSE25
FOR A VIOLATION OF A COUNTY BUILDING CODE OR AMENDMENT THERETO26
IS ONE HUNDRED DOLLARS PER VIOLATION , AND THE MAXIMUM CIVIL27
1239-10-
PENALTY IS TWO THOUSAND SIX HUNDRED FIFTY DOLLARS PER VIOLATION.1
THE PRESUMPTIVE MAXIMUM PENALTY FOR A FIRST VIOLATION IS FIVE2
HUNDRED DOLLARS. THE PRESUMPTIVE MAXIMUM PENALTY FOR A SECOND3
VIOLATION IS ONE THOUSAND DOLLARS . THE PRESUMPTIVE MAXIMUM4
PENALTY FOR A THIRD OR SUBSEQUENT VIOLATION IS TWO THOUSAND SIX5
HUNDRED FIFTY DOLLARS. THE COURT MUST SPECIFY THE BASIS FOR THE6
CIVIL PENALTY ON THE RECORD . IN CASES WHERE SUFFICIENT7
AGGRAVATING FACTORS ARE PRESENT, THE COURT MAY IMPOSE A8
PENALTY THAT IS HIGHER THAN THE PRESUMPTIVE MAXIMUM. THE COURT9
MUST BASE THE DETERMINATION OF THE APPROPRIATE CIVIL PENALTY FOR10
A VIOLATION OF A COUNTY BUILDING CODE OR AMENDMENT THERETO ON11
THE FOLLOWING FACTORS: 12
(A) THE IMPACT OF THE VIOLATION ON PUBLIC HEALTH, SAFETY,13
AND WELFARE;14
(B) THE IMPACT OF THE VIOLATION ON NEIGHBORING PROPERTIES;15
(C) T HE VIOLATOR'S WILLINGNESS TO COMPLY WITH OR16
DEMONSTRATED DISREGARD FOR THE APPLICABLE LAWS;17
(D) THE VIOLATOR'S ABILITY TO COMPLY WITH THE APPLICABLE18
LAWS;19
(E) WHETHER THE VIOLATION IS THE USE OF THE PROPERTY FOR20
ACTIVITIES PROHIBITED IN THE PROPERTY'S ZONE DISTRICT;21
(F) WHETHER MULTIPLE VIOLATIONS EXIST ON THE PROPERTY;22
(G) PRIOR VIOLATIONS BY THE VIOLATOR ON THE PROPERTY; AND23
(H) ANY OTHER RELEVANT FACTORS DETERMINED BY THE COURT.24
(IV) IN ADDITION TO THE CIVIL PENALTIES ORDERED BY A COURT25
PURSUANT TO SUBSECTION (2)(d)(II) OF THIS SECTION , THE COUNTY26
ATTORNEY MAY BRING AN ACTION IN THE COUNTY COURT OR DISTRICT27
1239-11-
COURT THAT HAS JURISDICTION OVER THE PROPERTY FOR AN ORDER1
ENJOINING THE VIOLATION , ORDERING THE VIOLATION 'S RESTRAINT ,2
REMOVAL, TERMINATION, OR ABATEMENT BY THE PROPERTY OWNER, AND3
AUTHORIZING ABATEMENT BY THE COUNTY OR ITS AGENT . IN BRINGING4
THAT ACTION, THE COUNTY ATTORNEY SHALL FILE A VERIFIED COMPLAINT.5
THE COURT SHALL REVIEW THE VERIFIED COMPLAINT AND SCHEDULE A6
HEARING ON THE REQUEST FOR AN ABATEMENT ORDER , INJUNCTION, OR7
OTHER APPROPRIATE REMEDY AND DIRECT THE ISSUANCE OF A SUMMONS8
STATING THE TIME , DATE , AND PLACE OF THE PRELIMINARY HEARING ,9
WHICH THE COURT SHALL SCHEDULE NO LATER THAN THIRTY DAYS AFTER10
THE COUNTY ATTORNEY FILES THE COMPLAINT. THE COUNTY ATTORNEY11
MUST SERVE THE SUMMONS AND COMPLAINT ON THE PROPERTY OWNER IN12
ACCORDANCE WITH APPLICABLE RULES OF CIVIL PROCEDURE AT LEAST TEN13
DAYS PRIOR TO THE HEARING. IF THE COUNTY'S REASONABLE EFFORTS TO14
PERSONALLY SERVE THE SUMMONS AND COMPLAINT ARE UNSUCCESSFUL,15
THE COUNTY MAY POST THE SUMMONS AND COMPLAINT ON THE PROPERTY16
AND MAIL THE SUMMONS AND COMPLAINT, CERTIFIED MAIL AND RETURN17
RECEIPT REQUESTED , TO THE PROPERTY OWNER 'S ADDRESS IN THE18
RECORDS OF THE COUNTY ASSESSOR AS A MEANS OF PROVIDING19
ALTERNATIVE SERVICE. IF THE COUNTY PROVIDES ALTERNATIVE SERVICE,20
THE COUNTY MUST PROVIDE THE ALTERNATIVE SERVICE AT LEAST TEN21
DAYS PRIOR TO THE PRELIMINARY HEARING . AT THE TIME , DATE , AND22
PLACE STATED IN THE SUMMONS , THE COURT SHALL REVIEW AND23
CONSIDER THE REQUEST FOR RELIEF PROVIDED FOR IN THIS SUBSECTION24
(2)(d)(IV), ANY STATEMENT OF THE COUNTY IN SUPPORT OF THE RELIEF25
PROVIDED FOR IN THIS SUBSECTION (2)(d)(IV), AND ANY STATEMENT AND26
EVIDENCE PRESENTED BY THE PROPERTY OWNER , IF PRESENT . ON THE27
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DATE AND AT THE TIME SET FOR THE HEARING , IF THE PROPERTY OWNER1
FAILS TO APPEAR, AND IF THE COUNTY PROVES THAT PROPER SERVICE WAS2
MADE ON THE PROPERTY OWNER, THE COURT MAY GRANT THE RELIEF AS3
REQUESTED BY THE COUNTY. A PROPERTY OWNER'S FAILURE TO APPEAR4
ON ANY DATE SET FOR A PRELIMINARY HEARING HELD PURSUANT TO THIS5
SUBSECTION (2)(d)(IV) IS GROUNDS FOR THE COURT TO ENTER A DEFAULT6
JUDGMENT THEREON AGAINST A NONAPPEARING PROPERTY OWNER. FOR7
GOOD CAUSE SHOWN, AND PRIOR TO ENFORCEMENT, THE COURT MAY SET8
ASIDE AN ENTRY OF DEFAULT AND THE JUDGMENT ENTERED THEREON.9
(V) I F THE COUNTY ABATES THE VIOLATION PURSUANT TO AN10
ORDER OF A COURT , THE ACTUAL COSTS OF ABATEMENT , PLUS TEN11
PERCENT OF THE ABATEMENT COSTS FOR INSPECTION AND OTHER12
INCIDENTAL COSTS OF ABATEMENT ARE A LIEN AGAINST THE PROPERTY13
UNTIL PAID AND HAVE PRIORITY OVER ALL OTHER LIENS EXCEPT GENERAL14
TAXES AND PRIOR SPECIAL ASSESSMENTS. IF THE ASSESSMENT IS NOT PAID15
WITHIN THIRTY DAYS , THE COUNTY ATTORNEY OR COUNTY CLERK MAY16
CERTIFY THE NONPAYMENT TO THE COUNTY TREASURER , WHO SHALL17
COLLECT THE ASSESSMENT, TOGETHER WITH A TEN PERCENT PENALTY FOR18
THE COST OF COLLECTION , IN THE SAME MANNER AS OTHER TAXES ARE19
COLLECTED. THE LAWS OF THIS STATE FOR ASSESSMENT AND COLLECTION20
OF GENERAL TAXES, INCLUDING THE LAWS FOR THE SALE AND REDEMPTION21
OF PROPERTY FOR TAXES , APPLY TO THE COLLECTION OF ASSESSMENTS22
PURSUANT THIS SUBSECTION (2)(d)(V).23
(VI) FOR PURPOSES OF SUBSECTION (2)(d)(II) OF THIS SECTION,24
"PROPERTY OWNER" DOES NOT INCLUDE A STATE AGENCY.25
SECTION 3. In Colorado Revised Statutes, 30-15-402, amend26
(1) as follows:27
1239-13-
30-15-402. Violations - penalty - surcharges - victim and1
witness assistance - brain injury trust fund.2
(1) EXCEPT FOR A TRAFFIC OFFENSE, any person who violates any3
county ordinance adopted BY THE BOARD OF COUNTY COMMISSIONERS4
pursuant to this part 4 commits a civil infraction or, in the case of traffic5
offenses, commits a traffic infraction, and, upon conviction thereof OF6
THAT INFRACTION , shall be punished by a fine of not more than one7
thousand dollars for each separate violation. I N THE CASE OF A TRAFFIC8
OFFENSE, THE PERSON THAT COMMITS A TRAFFIC INFRACTION , UPON9
CONVICTION OF THAT INFRACTION , SHALL BE PUNISHED BY A FINE IN10
ACCORDANCE WITH APPLICABLE COUNTY OR STATE LAW. If authorized by11
the county ordinance, AN ARRESTING LAW ENFORCEMENT OFFICER MAY12
FOLLOW the penalty assessment procedure provided in section 16-2-20113
may be followed by any arresting law enforcement officer for any such14
violation. As part of said THE county ordinance authorizing the penalty15
assessment procedure FOR A VIOLATION OF A COUNTY ORDINANCE16
ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO THIS17
PART 4, the board of county commissioners may adopt a graduated fine18
schedule for such THE violations. Such THE graduated fine schedule may19
provide for increased penalty assessments for repeat offenses by the same20
individual. In the case of county traffic ordinance violations, the21
provisions of sections 42-4-1701 and 42-4-1703, and sections 42-4-170822
to 42-4-1718 shall apply; except that the fine or penalty for a violation23
charged and the surcharge thereon if authorized by county ordinance shall24
be IS paid to the county.25
SECTION 4. In Colorado Revised Statutes, amend 30-28-124 as26
follows:27
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30-28-124. Penalties and enforcement.1
(1) (a) It is unlawful to erect, construct, reconstruct, or alter, OR2
USE any building or structure OR USE ANY LAND in violation of any3
regulation in, or of any provisions of, any zoning resolution OR4
ORDINANCE, or any amendment thereof, enacted or adopted by the board5
of county commissioners under the authority of this part 1. Any person,6
firm, or corporation violating THAT VIOLATES any such regulation,7
provision, or amendment thereof, or any provision of this part 1 commits8
a civil infraction SHALL, AT THE REQUEST OF THE COUNTY, BE SUBJECT TO9
THE IMPOSITION, BY ORDER OF THE COUNTY OR DISTRICT COURT , OF A10
CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS OR MORE THAN11
TWO THOUSAND SIX HUNDRED FIFTY DOLLARS . Each day during which12
such illegal erection, construction, reconstruction, or alteration continues13
shall be THAT A VIOLATION OCCURS IS deemed a separate offense AND THE14
CIVIL PENALTY CONTINUES TO ACCRUE UNTIL THE VIOLATION IS REMEDIED.15
(b) (I) It is unlawful to use an y building, st ructure, or land in16
violation of any regulation in, or of any provision of, any zoning17
resolution, or any amendment thereto, enacted or adopted by any board18
of county commissioners under the authority of this part 1. Any person,19
firm, or corporation violating any such regulation, provision, or20
amendment commits a civil infraction. Each day during which such21
illegal use of any building, structure, or land continues shall be deemed22
a separate offense.23
(II) Whenever T O PURSUE A VIOLATION PURSUANT TO THIS24
SUBSECTION (1)(b)(II), a county zoning official authorized pursuant to25
section 30-28-114 WHO has personal knowledge of any violation of this26
paragraph (b), he or she SUBSECTION (1)(b)(II) BASED ON COMPETENT27
1239-15-
EVIDENCE ACQUIRED DURING A REASONABLE INVESTIGATION shall give1
written notice to the violator to correct the violation within ten days after2
the date of the notice. Should IF the violator fail FAILS to correct the3
violation within the ten-day period, the ANY DESIGNATED COUNTY zoning4
official may ISSUE, OR request that the sheriff of the county OR THE5
COUNTY ATTORNEY issue, a summons and complaint to the violator6
stating the nature of the violation with sufficient particularity to give7
notice of the charge to the violator. The summons and complaint shall8
MUST require that the violator appear in county OR DISTRICT court at a9
definite time and place stated therein IN THE SUMMONS AND COMPLAINT10
to answer and defend the charge.11
(III) One copy of said summons and complaint shall be served12
upon the violator by the sheriff of the county in the manner provided by13
law for the service of a criminal summons. One copy each shall be14
retained by the sheriff and the county zoning official, and one copy shall15
be transmitted by the sheriff to the clerk of the county court.16
(IV) T HE COLORADO RULES OF CIVIL PROCEDURE APPLY TO17
DISTRICT COURT PROCEEDINGS AND THE COLORADO COUNTY COURT RULES18
OF CIVIL PROCEDURE APPLY TO COUNTY COURT PROCEEDINGS.19
(c) It is the res ponsibility of the county attorney to enforce the20
provisions of this subsection (1); In the event that EXCEPT THAT IF there21
is no NOT A county attorney or in the event that IF the board of county22
commissioners deems it appropriate, the board of county commissioners23
may appoint the district attorney of the judicial district to perform such24
THE enforcement duties in lieu of the county attorney.25
(d) THE MINIMUM CIVIL PENALTY THAT THE COURT MAY IMPOSE26
FOR A VIOLATION OF A COUNTY ZONING ORDINANCE OR RESOLUTION OR27
1239-16-
AMENDMENT THERETO IS ONE HUNDRED DOLLARS PER VIOLATION , AND1
THE MAXIMUM CIVIL PENALTY IS TWO THOUSAND SIX HUNDRED FIFTY2
DOLLARS PER VIOLATION. THE PRESUMPTIVE MAXIMUM PENALTY FOR A3
FIRST VIOLATION IS FIVE HUNDRED DOLLARS. THE PRESUMPTIVE MAXIMUM4
PENALTY FOR A SECOND VIOLATION IS ONE THOUSAND DOLLARS . THE5
PRESUMPTIVE MAXIMUM PENALTY FOR A THIRD OR SUBSEQUENT6
VIOLATION IS TWO THOUSAND SIX HUNDRED FIFTY DOLLARS. THE COURT7
MUST SPECIFY THE BASIS FOR THE CIVIL PENALTY ON THE RECORD . IN8
CASES WHERE SUFFICIENT AGGR AVATING FACTORS ARE PRESENT , THE9
COURT MAY IMPOSE A PENALTY THAT IS HIGHER THAN THE PRESUMPTIVE10
MAXIMUM. T HE COURT MUST BASE THE DETERMINATION OF THE11
APPROPRIATE CIVIL PENALTY FOR A VIOLATION OF A COUNTY ZONING12
ORDINANCE OR RESOLUTION , OR AMENDMENT THERETO , ON THE13
FOLLOWING FACTORS:14
15
(I) THE IMPACT OF THE VIOLATION ON PUBLIC HEALTH, SAFETY,16
AND WELFARE;17
(II) THE IMPACT OF THE VIOLATION ON NEIGHBORING PROPERTIES;18
(III) T HE VIOLATOR'S WILLINGNESS TO COMPLY WITH OR19
DEMONSTRATED DISREGARD FOR THE APPLICABLE LAWS;20
(IV) THE VIOLATOR'S ABILITY TO COMPLY WITH THE APPLICABLE21
LAWS;22
(V) WHETHER THE VIOLATION IS THE USE OF THE PROPERTY FOR23
ACTIVITIES PROHIBITED IN THE PROPERTY'S ZONE DISTRICT;24
(VI) WHETHER MULTIPLE VIOLATIONS EXIST ON THE PROPERTY;25
(VII) PRIOR VIOLATIONS BY THE VIOLATOR ON THE PROPERTY; AND26
(VIII) A NY OTHER RELEVANT FACTORS DETERMINED BY THE27
1239-17-
COURT.1
(e) IF THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE2
THAT A VIOLATION OF ANY REGULATION OR PROVISION OF A ZONING3
ORDINANCE OR RESOLUTION, OR AMENDMENT THERETO, AS ENACTED AND4
ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS , HAS OCCURRED ,5
THE COURT SHALL ORDER THE VIOLATOR TO PAY A CIVIL PENALTY IN AN6
AMOUNT ALLOWED PURSUANT TO THIS SUBSECTION (1). THE PENALTY IS7
PAYABLE IMMEDIATELY BY THE VIOLATOR TO THE COUNTY AS8
DESIGNATED IN THE ZONING ORDINANCE OR RESOLUTION, OR AMENDMENT9
THERETO.10
(f) UNTIL PAID, ANY CIVIL PENALTY ORDERED BY THE COURT AND11
ASSESSED PURSUANT TO THIS SUBSECTION (1) IS, AS OF RECORDING, A LIEN12
AGAINST THE PROPERTY ON WHICH THE VIOLATION HAS BEEN FOUND TO13
EXIST. IF THE ASSESSMENT IS NOT PAID WITHIN THIRTY DAYS, THE CLERK14
AND RECORDER OR COUNTY ATTORNEY MAY CERTIFY THE NONPAYMENT15
TO THE COUNTY TREASURER , WHO SHALL COLLECT THE ASSESSMENT ,16
TOGETHER WITH A TEN PERCENT PENALTY FOR THE COST OF COLLECTION,17
IN THE SAME MANNER AS OTHER TAXES ARE COLLECTED . THE LAWS OF18
THIS STATE FOR ASSESSMENT AND COLLECTION OF GENERAL TAXES ,19
INCLUDING THE LAWS FOR THE SALE AND REDEMPTION OF PROPERTY FOR20
TAXES, APPLY TO THE COLLECTION OF ASSESSMENTS PURSUANT TO THIS21
SUBSECTION (1). ANY LIEN PLACED AGAINST THE PROPERTY PURSUANT TO22
THIS SUBSECTION (1) MUST BE RECORDED WITH THE CLERK AND RECORDER23
OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED.24
(g) FOR PURPOSES OF THIS SUBSECTION (1), "PERSON" DOES NOT25
INCLUDE A STATE AGENCY.26
(2) (a) In case IF any building or structure is or is proposed to be27
1239-18-
erected, constructed, reconstructed, altered, or used, or any land is or is1
proposed to be used, in violation of any regulation or provision of any2
zoning ORDINANCE OR resolution, or amendment thereto, enacted or3
adopted by any board of county commissioners under the authority4
granted by this part 1, the county attorney of the county in which such5
THE building, structure, or land is situated, in addition to other remedies6
provided by law, may institute an injunction, mandamus, abatement, or7
other appropriate action or proceeding IN COUNTY OR DISTRICT COURT to8
prevent, enjoin, abate, or remove such THE unlawful erection,9
construction, reconstruction, alteration, or use. In the event that IF there10
is no NOT A county attorney or in the event IF that the board of county11
commissioners deems it appropriate, the board of county commissioners12
may appoint the district attorney of the judicial district to perform such13
THE enforcement duties in lieu of the county attorney.14
(b) IN ADDITION TO THE CIVIL PENALTIES ALLOWED PURSUANT TO15
SUBSECTION (1) OF THIS SECTION, THE COUNTY ATTORNEY MAY BRING AN16
ACTION IN THE COUNTY COURT OR DISTRICT COURT THAT HAS17
JURISDICTION OVER THE PROPERTY FOR AN ORDER ENJOINING THE18
VIOLATION, ORDERING THE VIOLATION 'S RESTRAINT , REMOVAL ,19
TERMINATION, OR ABATEMENT BY THE PROPERTY OWNER , AND20
AUTHORIZING ABATEMENT BY THE COUNTY OR ITS AGENT OR TO ENJOIN21
THE PROPOSED USE OF THE LAND. IN BRINGING THAT ACTION, THE COUNTY22
ATTORNEY SHALL FILE A VERIFIED COMPLAINT. THE COURT SHALL REVIEW23
THE VERIFIED COMPLAINT AND SCHEDULE A HEARING ON THE REQUEST FOR24
AN ABATEMENT ORDER , INJUNCTION, OR OTHER APPROPRIATE REMEDY25
PROVIDED FOR PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION AND26
DIRECT THE ISSUANCE OF A SUMMONS STATING THE TIME , DATE , AND27
1239-19-
PLACE OF THE PRELIMINARY HEARING , WHICH THE COURT SHALL1
SCHEDULE NO LATER THAN THIRTY DAYS AFTER THE COUNTY ATTORNEY2
FILES THE COMPLAINT . THE COUNTY SHALL SERVE THE SUMMONS AND3
COMPLAINT ON THE PROPERTY OWNER IN ACCORDANCE WITH THE4
APPLICABLE RULES OF CIVIL PROCEDURE AT LEAST TEN DAYS PRIOR TO THE5
PRELIMINARY HEARING . IF THE COUNTY 'S REASONABLE EFFORTS TO6
PERSONALLY SERVE THE SUMMONS AND COMPLAINT ARE UNSUCCESSFUL,7
THE COUNTY MAY POST THE SUMMONS AND COMPLAINT ON THE PROPERTY8
AND MAIL THE SUMMONS AND COMPLAINT , CERTIFIED MAIL , RETURN9
RECEIPT REQUESTED , TO THE PROPERTY OWNER 'S ADDRESS IN THE10
RECORDS OF THE COUNTY ASSESSOR AS AN ALTERNATIVE MEANS OF11
PROVIDING SERVICE. IF THE COUNTY ATTORNEY PROVIDES ALTERNATIVE12
SERVICE, THE COUNTY MUST PROVIDE THE ALTERNATIVE SERVICE AT13
LEAST TEN DAYS PRIOR TO THE PRELIMINARY HEARING . AT THE TIME ,14
DATE, AND PLACE STATED IN THE SUMMONS , THE COURT SHALL REVIEW15
AND CONSIDER THE REQUEST FOR AN ABATEMENT ORDER, INJUNCTION, OR16
OTHER APPROPRIATE REMEDY PROVIDED FOR PURSUANT TO SUBSECTION17
(2)(a) OF THIS SECTION, ANY STATEMENT AND EVIDENCE PRESENTED BY18
THE COUNTY IN SUPPORT THEREOF, AND ANY STATEMENT AND EVIDENCE19
PRESENTED BY THE PROPERTY OWNER, IF PRESENT. ON THE DATE AND AT20
THE TIME SET FOR THE HEARING , IF THE PROPERTY OWNER FAILS TO21
APPEAR, AND IF THE COUNTY PROVES THAT PROPER SERVICE WAS MADE ON22
THE PROPERTY OWNER, THE COURT MAY GRANT THE RELIEF AS REQUESTED23
BY THE COUNTY. A PROPERTY OWNER'S FAILURE TO APPEAR ON ANY DATE24
SET FOR A PRELIMINARY HEARING HELD PURSUANT TO THIS SUBSECTION25
(2)(b) IS GROUNDS FOR THE COURT TO ENTER A DEFAULT AND JUDGMENT26
THEREON AGAINST A NONAPPEARING PROPERTY OWNER. FOR GOOD CAUSE27
1239-20-
SHOWN, AND PRIOR TO ENFORCEMENT , THE COURT MAY SET ASIDE AN1
ENTRY OF DEFAULT AND THE JUDGMENT ENTERED THEREON.2
(c) I F THE COUNTY ABATES THE VIOLATION PURSUANT TO AN3
ORDER OF A COURT , THE ACTUAL COSTS OF ABATEMENT , PLUS TEN4
PERCENT OF THE ABATEMENT COSTS FOR INSPECTION AND OTHER5
INCIDENTAL COSTS OF ABATEMENT , IS A LIEN AGAINST THE PROPERTY6
UNTIL PAID AND HAS PRIORITY OVER ALL OTHER LIENS EXCEPT GENERAL7
TAXES AND PRIOR SPECIAL ASSESSMENTS. IF THE ASSESSMENT IS NOT PAID8
WITHIN A REASONABLE TIME SPECIFIED BY THE ZONING RESOLUTION, THE9
COUNTY ATTORNEY OR COUNTY CLERK MAY CERTIFY THE NONPAYMENT10
TO THE COUNTY TREASURER , WHO SHALL COLLECT THE ASSESSMENT ,11
TOGETHER WITH A TEN PERCENT PENALTY FOR THE COST OF COLLECTION,12
IN THE SAME MANNER AS OTHER TAXES ARE COLLECTED . THE LAWS OF13
THIS STATE FOR ASSESSMENT AND COLLECTION OF GENERAL TAXES ,14
INCLUDING THE LAWS FOR THE SALE AND REDEMPTION OF PROPERTY FOR15
TAXES, APPLY TO THE COLLECTION OF ASSESSMENTS PURSUANT TO THIS16
SUBSECTION (2)(c) OF THIS SECTION.17
(3) (a) I T IS UNLAWFUL TO ERECT , CONSTRUCT, RECONSTRUCT ,18
ALTER, OR USE ANY BUILDING OR STRUCTURE OR USE ANY LAND IN19
VIOLATION OF ANY REGULATION IN , OR OF ANY PROVISIONS OF , ANY20
ZONING ORDINANCE OR RESOLUTION , OR ANY AMENDMENT THEREOF ,21
ENACTED OR ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS UNDER22
THE AUTHORITY OF THIS PART 1. ANY PERSON, FIRM, OR CORPORATION23
THAT VIOLATES ANY SUCH REGULATION , PROVISION , OR AMENDMENT24
THEREOF, OR ANY PROVISION OF THIS PART 1 COMMITS A CIVIL25
INFRACTION, AND UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A26
FINE OF UP TO THREE THOUSAND DOLLARS FOR EACH SEPARATE27
1239-21-
VIOLATION, ACCORDING TO THE FINE SCHEDULE ADOPTED BY THE BOARD1
OF COUNTY COMMISSIONERS . THE FINE SCHEDULE MAY INCLUDE2
GRADUATED FINES AND MAY PROVIDE INCREASED CIVIL PENALTIES FOR3
REPEAT OFFENSES BY THE SAME INDIVIDUALS. EACH DAY DURING WHICH4
SUCH ILLEGAL ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION,5
OR USE OCCURS IS DEEMED A SEPARATE OFFENSE, AND THE CIVIL PENALTY6
CONTINUES TO ACCRUE UNTIL THE VIOLATION IS REMEDIED.7
(b) (I) TO PURSUE A VIOLATION PURSUANT TO THIS SUBSECTION8
(3), A COUNTY ZONING OFFICIAL AUTHORIZED PURSUANT TO SECTION9
30-28-114 WHO HAS PERSONAL KNOWLEDGE OF ANY VIOLATION OF10
SUBSECTION (3)(a) OF THIS SECTION BASED ON COMPETENT EVIDENCE11
ACQUIRED DURING A REASONABLE INVESTIGATION SHALL GIVE WRITTEN12
NOTICE TO THE VIOLATOR TO CORRECT THE VIOLATION WITHIN TEN DAYS13
AFTER THE DATE OF THE NOTICE. IF THE VIOLATOR FAILS TO CORRECT THE14
VIOLATION WITHIN THE TEN -DAY PERIOD , ANY DESIGNATED ZONING15
PERSONNEL MAY ISSUE, OR REQUEST THAT THE SHERIFF ISSUE A SUMMONS16
AND COMPLAINT TO THE VIOLATOR , STATING THE NATURE OF THE17
VIOLATION WITH SUFFICIENT PARTICULARITY TO GIVE NOTICE OF THE18
CHARGE TO THE VIOLATOR. THE SUMMONS AND COMPLAINT MUST REQUIRE19
THAT THE VIOLATOR APPEAR IN COUNTY COURT AT A DEFINITE TIME AND20
PLACE STATED IN THE SUMMONS AND COMPLAINT TO ANSWER AND DEFEND21
THE CHARGE.22
(II) D ESIGNATED ZONING PERSONNEL OR THE SHERIFF SHALL23
SERVE ONE COPY OF A SUMMONS AND COMPLAINT ISSUED PURSUANT TO24
SUBSECTION (3)(b)(I) OF THIS SECTION . THE DESIGNATED ZONING25
PERSONNEL OR THE SHERIFF MAY PERSONALLY SERVE THE SUMMONS AND26
COMPLAINT ON THE VIOLATOR AS SET FORTH IN THE COUNTY COURT RULES27
1239-22-
OF CIVIL PROCEDURE . IF THE DESIGNATED ZONING PERSONNEL OR THE1
SHERIFF'S REASONABLE EFFORTS TO PERSONALLY SERVE THE SUMMONS2
AND COMPLAINT ON THE PROPERTY OWNER ARE UNSUCCESSFUL , THE3
COUNTY MAY POST THE SUMMONS AND COMPLAINT ON THE PROPERTY AND4
MAIL THE SUMMONS AND COMPLAINT TO THE PROPERTY OWNER'S ADDRESS5
LISTED IN THE RECORDS OF THE COUNTY ASSESSOR. SERVICE IS COMPLETE6
UPON MAILING THE SUMMONS AND COMPLAINT. THE OFFICE SERVING THE7
SUMMONS AND COMPLAINT SHALL RETAIN ONE COPY OF EACH AND SHALL8
TRANSMIT ONE COPY OF EACH TO THE CLERK OF THE COUNTY COURT.9
(c) I T IS THE RESPONSIBILITY OF THE COUNTY ATTORNEY TO10
ENFORCE THE PROVISIONS OF THIS SUBSECTION (3); EXCEPT THAT IF THERE11
IS NOT A COUNTY ATTORNEY OR IF THE BOARD OF COUNTY12
COMMISSIONERS DEEMS IT APPROPRIATE , THE BOARD OF COUNTY13
COMMISSIONERS MAY APPOINT THE DISTRICT ATTORNEY OF THE JUDICIAL14
DISTRICT TO PERFORM THE ENFORCEMENT DUTIES IN LIEU OF THE COUNTY15
ATTORNEY.16
(d) IF THERE IS A CONFLICT BETWEEN THIS SUBSECTION (3) AND17
THE RULES OF CIVIL INFRACTIONS, THIS SUBSECTION (3) CONTROLS.18
(e) FOR PURPOSES OF THIS SUBSECTION (3), "PERSON" DOES NOT19
INCLUDE A STATE AGENCY.20
(4) THE COUNTY ATTORNEY HAS THE DISCRETION TO DETERMINE21
WHETHER TO PURSUE THE REMEDIES SET FORTH IN SUBSECTIONS (1), (2),22
OR (3) OF THIS SECTION, OR ANY COMBINATION THEREOF, OR ANY OTHER23
REMEDIES AVAILABLE AT LAW OR IN EQUITY . NONE OF THESE REMEDIES24
ARE INTENDED TO BE MUTUALLY EXCLUSIVE.25
SECTION 5. In Colorado Revised Statutes, amend 30-28-209 as26
follows:27
1239-23-
30-28-209. Penalties and enforcement.1
(1) (a) It is unlawful to erect, construct, reconstruct, or alter any2
building or structure OR USE ANY BUILDING OR STRUCTURE in a manner3
that results in a violation of any regulation in, or of any provisions of, the4
area building code, or any amendment thereof, enacted or adopted by the5
board of county commissioners under the authority of this part 2. Any6
person, firm, or corporation violating any such regulation, provision, or7
amendment thereof, or any provision of this part 2, commits a civil8
infraction SHALL, UPON REQUEST BY THE COUNTY , BE SUBJECT TO THE9
IMPOSITION, BY ORDER OF THE COUNTY COURT OR THE DISTRICT COURT ,10
OF A CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS OR MORE11
THAN TWO THOUSAND SIX HUNDRED FIFTY DOLLARS . Each day during12
which such illegal erection, construction, reconstruction, or alteration13
continues shall be IS deemed a separate offense AND THE CIVIL PENALTY14
CONTINUES TO ACCRUE UNTIL THE VIOLATION IS REMEDIED. NOTHING IN15
THIS SUBSECTION (1)(a) PROHIBITS THE USE OF ANY BUILDING OR16
STRUCTURE IN VIOLATION OF AN OTHERWISE APPLICABLE BUILDING CODE17
WHERE THE USE COMPLIES WITH ANY BUILDING CODE THAT WAS IN EFFECT18
AT THE TIME THE BUILDING OR STRUCTURE WAS ERECTED, CONSTRUCTED,19
RECONSTRUCTED, OR ALTERED.20
(b) (I) It is unlawful to use any building or structure in violation21
of any regulation in, or of any provision of, the area building code, or any22
amendment thereto, enacted or adopted by any board of county23
commissioners under the authority of this part 2. Any person, firm, or24
corporation violating any such regulation, provision, or amendment25
thereof commits a civil infraction. Each day during which such illegal use26
of any building or structure continues shall be deemed a separate offense.27
1239-24-
Nothing in this subsection (1)(b)(I) prohibits the use of any building or1
structure in violation of an otherwise applicable building code where the2
use complies with any building code that was in effect at the time the3
building or structure was erected, constructed, reconstructed, or altered.4
(II) Whenever T O PURSUE A VIOLATION PURSUANT TO THIS5
SUBSECTION (1)(b)(II), a county building inspector authorized pursuant to6
sections 30-28-114 and 30-28-205, or any inspector employed by an7
intergovernmental entity created in accordance with the requirements of8
part 2 of article 1 of title 29, C.R.S., who exercises the functions of a9
county building inspector WHO has personal knowledge of any violation10
of the requirements of subparagraph (I) of this paragraph (b), he or she11
THIS SUBSECTION (1)(b)(II) BASED ON COMPETENT EVIDENCE ACQUIRED12
DURING A REASONABLE INVESTIGATION shall give written notice to the13
violator to correct the violation within ten days after the date of the14
notice. Where I F the violator fails to correct the violation within the15
ten-day period, the county building inspector may ISSUE, OR request that16
the sheriff of the county OR THE COUNTY ATTORNEY issue, a summons and17
complaint to the violator stating the nature of the violation with sufficient18
particularity to give notice of the charge to the violator. The summons and19
complaint shall MUST require that the violator appear in county OR20
DISTRICT court at a definite time and place stated therein to answer and21
defend the charge.22
(III) One copy of the summons and complaint shall be served23
upon the violator by the sheriff of the county in the manner provided by24
law for the service of a criminal summons. One copy each shall be25
retained by the sheriff and the county building inspector, and one copy26
shall be transmitted by the sheriff to the clerk of the county court.27
1239-25-
(IV) T HE COLORADO RULES OF CIVIL PROCEDURE APPLY TO1
DISTRICT COURT PROCEEDINGS AND THE COLORADO COUNTY COURT RULES2
OF CIVIL PROCEDURE APPLY TO COUNTY COURT PROCEEDINGS.3
(c) It is the responsibility of the county attorney to enforce the4
provisions of this subsection (1); Where EXCEPT THAT IF there is no NOT5
A county attorney or in the event that IF the board of county6
commissioners deems it appropriate, the board may appoint the district7
attorney of the judicial district in which the building or structure is8
located to perform such enforcement duties in lieu of the county attorney.9
(d) THE MINIMUM CIVIL PENALTY THAT THE COURT MAY IMPOSE10
FOR A VIOLATION OF A COUNTY BUILDING CODE OR AMENDMENT THERETO11
IS ONE HUNDRED DOLLARS PER VIOLATION, AND THE MAXIMUM CIVIL12
PENALTY IS TWO THOUSAND SIX HUNDRED FIFTY DOLLARS PER VIOLATION.13
THE PRESUMPTIVE MAXIMUM PENALTY FOR A FIRST VIOLATION IS FIVE14
HUNDRED DOLLARS. THE PRESUMPTIVE MAXIMUM PENALTY FOR A SECOND15
VIOLATION IS ONE THOUSAND DOLLARS. THE PRESUMPTIVE MAXIMUM16
PENALTY FOR A THIRD OR SUBSEQUENT VIOLATION IS TWO THOUSAND SIX17
HUNDRED FIFTY DOLLARS. THE COURT MUST SPECIFY THE BASIS FOR THE18
CIVIL PENALTY ON THE RECORD. IN CASES WHERE SUFFICIENT19
AGGRAVATING FACTORS ARE PRESENT, THE COURT MAY IMPOSE A20
PENALTY THAT IS HIGHER THAN THE PRESUMPTIVE MAXIMUM. THE COURT21
MUST BASE THE DETERMINATION OF THE APPROPRIATE CIVIL PENALTY FOR22
A VIOLATION OF A COUNTY BUILDING CODE, OR AMENDMENT THERETO, ON23
THE FOLLOWING FACTORS: 24
25
(I) THE IMPACT OF THE VIOLATION ON PUBLIC HEALTH, SAFETY,26
AND WELFARE;27
1239-26-
(II) THE IMPACT OF THE VIOLATION ON NEIGHBORING PROPERTIES;1
(III) T HE VIOLATOR'S WILLINGNESS TO COMPLY WITH OR2
DEMONSTRATED DISREGARD FOR THE APPLICABLE LAWS;3
(IV) THE VIOLATOR'S ABILITY TO COMPLY WITH THE APPLICABLE4
LAWS;5
(V) WHETHER THE VIOLATION IS THE USE OF THE PROPERTY FOR6
ACTIVITIES PROHIBITED IN THE PROPERTY'S ZONE DISTRICT;7
(VI) WHETHER MULTIPLE VIOLATIONS EXIST ON THE PROPERTY;8
(VII) PRIOR VIOLATIONS BY THE VIOLATOR ON THE PROPERTY; AND9
(VIII) A NY OTHER RELEVANT FACTORS DETERMINED BY THE10
COURT.11
(e) IF THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE12
THAT A VIOLATION OF THE BUILDING CODE, OR AMENDMENT THERETO, AS13
ENACTED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS, HAS14
OCCURRED, THE COURT SHALL ORDER THE VIOLATOR TO PAY A CIVIL15
PENALTY IN AN AMOUNT ALLOWED PURSUANT TO THIS SUBSECTION (1).16
THE PENALTY IS PAYABLE IMMEDIATELY BY THE VIOLATOR TO THE17
COUNTY AS DESIGNATED IN THE BUILDING CODE ORDINANCE OR18
RESOLUTION, OR AMENDMENT THERETO.19
(f) UNTIL PAID, ANY CIVIL PENALTY ORDERED BY THE COURT AND20
ASSESSED PURSUANT TO THIS SUBSECTION (1) IS, AS OF RECORDING, A LIEN21
AGAINST THE PROPERTY ON WHICH THE VIOLATION HAS BEEN FOUND TO22
EXIST. IF THE ASSESSMENT IS NOT PAID WITHIN THIRTY DAYS, THE CLERK23
AND RECORDER OR COUNTY ATTORNEY MAY CERTIFY THE NONPAYMENT24
TO THE COUNTY TREASURER , WHO SHALL COLLECT THE ASSESSMENT ,25
TOGETHER WITH A TEN PERCENT PENALTY FOR THE COST OF COLLECTION,26
IN THE SAME MANNER AS OTHER TAXES ARE COLLECTED . THE LAWS OF27
1239-27-
THIS STATE FOR ASSESSMENT AND COLLECTION OF GENERAL TAXES ,1
INCLUDING THE LAWS FOR THE SALE AND REDEMPTION OF PROPERTY FOR2
TAXES, APPLY TO THE COLLECTION OF ASSESSMENTS PURSUANT TO THIS3
SUBSECTION (1). ANY LIEN PLACED AGAINST THE PROPERTY PURSUANT TO4
THIS SUBSECTION (1) MUST BE RECORDED WITH THE CLERK AND RECORDER5
OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED.6
(g) FOR PURPOSES OF THIS SUBSECTION (1), "PERSON" DOES NOT7
INCLUDE A STATE AGENCY.8
(2) (a) In case IF any building or structure is, or is proposed to be,9
erected, constructed, reconstructed, altered, or used in violation of any10
regulation or provision of the area building code, or amendment thereto,11
enacted or adopted by any board of county commissioners under the12
authority granted by this part 2, the county attorney of the county in which13
such THE building, structure, or land is situated, in addition to other14
remedies provided by law, may institute an injunction, mandamus,15
abatement, or other appropriate action or proceeding to prevent, enjoin,16
abate, or remove such THE unlawful erection, construction,17
reconstruction, alteration, or use. Where I F there is no NOT A county18
attorney or in the event that IF the board deems it appropriate, the board19
may appoint the district attorney of the judicial district in which the20
building or structure is located to perform such THE enforcement duties21
in lieu of the county attorney.22
(b) T HE COUNTY ATTORNEY MAY BRING AN ACTION IN THE23
COUNTY COURT OR DISTRICT COURT THAT HAS JURISDICTION OVER THE24
PROPERTY FOR AN ORDER ENJOINING THE VIOLATION , ORDERING THE25
VIOLATION'S RESTRAINT, REMOVAL, TERMINATION, OR ABATEMENT BY THE26
PROPERTY OWNER, AND AUTHORIZING ABATEMENT BY THE COUNTY OR ITS27
1239-28-
AGENT. IN BRINGING THAT ACTION, THE COUNTY ATTORNEY SHALL FILE A1
VERIFIED COMPLAINT . THE COURT SHALL REVIEW THE VERIFIED2
COMPLAINT AND SCHEDULE A HEARING ON THE REQUEST FOR AN3
ABATEMENT ORDER OR INJUNCTION , OR OTHER APPROPRIATE REMEDY4
PROVIDED FOR PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION AND5
DIRECT THE ISSUANCE OF A SUMMONS STATING THE TIME , DATE , AND6
PLACE OF THE PRELIMINARY HEARING , WHICH THE COURT SHALL7
SCHEDULE NO LATER THAN THIRTY DAYS AFTER THE COUNTY ATTORNEY8
FILES THE COMPLAINT . THE COUNTY SHALL SERVE THE SUMMONS AND9
COMPLAINT ON THE PROPERTY OWNER IN ACCORDANCE WITH THE10
APPLICABLE RULES OF CIVIL PROCEDURE AT LEAST TEN DAYS PRIOR TO THE11
PRELIMINARY HEARING . IF THE COUNTY 'S REASONABLE EFFORTS TO12
PERSONALLY SERVE THE SUMMONS AND COMPLAINT ARE UNSUCCESSFUL,13
THE COUNTY MAY POST THE SUMMONS AND COMPLAINT ON THE PROPERTY14
AND MAIL THE SUMMONS AND COMPLAINT, CERTIFIED MAIL AND RETURN15
RECEIPT REQUESTED , TO THE PROPERTY OWNER 'S ADDRESS IN THE16
RECORDS OF THE COUNTY ASSESSOR AS AN ALTERNATIVE MEANS OF17
PROVIDING SERVICE. IF THE COUNTY PROVIDES ALTERNATE SERVICE, THE18
COUNTY MUST PROVIDE THE ALTERNATIVE SERVICE AT LEAST TEN DAYS19
PRIOR TO THE PRELIMINARY HEARING . AT THE TIME , DATE, AND PLACE20
STATED IN THE SUMMONS, THE COURT SHALL REVIEW AND CONSIDER THE21
REQUEST FOR AN ABATEMENT ORDER , INJUNCTION , OR OTHER22
APPROPRIATE REMEDY PROVIDED FOR PURSUANT TO SUBSECTION (2)(a) OF23
THIS SECTION , ANY STATEMENT AND EVIDENCE PRESENTED BY THE24
COUNTY IN SUPPORT THEREOF , AND ANY STATEMENT AND EVIDENCE25
PRESENTED BY THE PROPERTY OWNER, IF PRESENT. ON THE DATE AND AT26
THE TIME SET FOR THE HEARING , IF THE PROPERTY OWNER FAILS TO27
1239-29-
APPEAR, AND IF THE COUNTY PROVES THAT PROPER SERVICE WAS MADE ON1
THE PROPERTY OWNER, THE COURT MAY GRANT THE ORDER AS REQUESTED2
BY THE COUNTY. A PROPERTY OWNER'S FAILURE TO APPEAR ON ANY DATE3
SET FOR A PRELIMINARY HEARING HELD PURSUANT TO THIS SUBSECTION4
(2)(b) IS GROUNDS FOR THE COURT TO ENTER A DEFAULT AND JUDGMENT5
THEREON AGAINST A NONAPPEARING PROPERTY OWNER. FOR GOOD CAUSE6
SHOWN, AND PRIOR TO ENFORCEMENT , THE COURT MAY SET ASIDE AN7
ENTRY OF DEFAULT AND THE JUDGMENT ENTERED THEREON.8
(c) I F THE COUNTY ABATES THE VIOLATION PURSUANT TO AN9
ORDER OF A COURT , THE ACTUAL COSTS OF ABATEMENT , PLUS TEN10
PERCENT OF THE ABATEMENT COSTS FOR INSPECTION AND OTHER11
INCIDENTAL COSTS OF ABATEMENT , IS A LIEN AGAINST THE PROPERTY12
UNTIL PAID AND HAS PRIORITY OVER ALL OTHER LIENS EXCEPT GENERAL13
TAXES AND PRIOR SPECIAL ASSESSMENTS. IF THE ASSESSMENT IS NOT PAID14
WITHIN A REASONABLE TIME SPECIFIED BY THE RESOLUTION OR15
ORDINANCE ADOPTING THE BUILDING CODE, THE CLERK AND RECORDER OR16
COUNTY ATTORNEY MAY CERTIFY THE NONPAYMENT TO THE COUNTY17
TREASURER, WHO SHALL COLLECT THE ASSESSMENT , TOGETHER WITH A18
TEN PERCENT PENALTY FOR THE COST OF COLLECTION , IN THE SAME19
MANNER AS OTHER TAXES ARE COLLECTED. THE LAWS OF THIS STATE FOR20
ASSESSMENT AND COLLECTION OF GENERAL TAXES, INCLUDING THE LAWS21
FOR THE SALE AND REDEMPTION OF PROPERTY FOR TAXES, APPLY TO THE22
COLLECTION OF ASSESSMENTS PURSUANT TO THIS SUBSECTION (2)(c).23
(3) (a) I T IS UNLAWFUL TO ERECT , CONSTRUCT, RECONSTRUCT,24
ALTER, OR USE ANY BUILDING OR STRUCTURE IN A MANNER THAT RESULTS25
IN A VIOLATION OF ANY REGULATION IN, OR OF ANY PROVISIONS OF, THE26
AREA BUILDING CODE , OR ANY AMENDMENT THEREOF , ENACTED OR27
1239-30-
ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS UNDER THE1
AUTHORITY OF THIS PART 2. ANY PERSON , FIRM , OR CORPORATION2
VIOLATING ANY SUCH REGULATION, PROVISION, OR AMENDMENT THEREOF,3
OR ANY PROVISION OF THIS PART 2, COMMITS A CIVIL INFRACTION , AND4
UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF UP TO ONE5
THOUSAND DOLLARS FOR EACH SEPARATE VIOLATION, ACCORDING TO THE6
FINE SCHEDULE ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS. THE7
FINE SCHEDULE MAY INCLUDE GRADUATED FINES AND MAY PROVIDE8
INCREASED CIVIL PENALTIES FOR REPEAT OFFENSES BY THE SAME9
INDIVIDUALS. EACH DAY DURING WHICH SUCH ILLEGAL ERECTION ,10
CONSTRUCTION, RECONSTRUCTION , ALTERATION , OR USE OCCURS IS11
DEEMED A SEPARATE OFFENSE AND THE CIVIL PENALTY CONTINUES TO12
ACCRUE UNTIL THE VIOLATION IS REMEDIED. NOTHING IN THIS SUBSECTION13
(3)(a) PROHIBITS THE USE OF ANY BUILDING OR STRUCTURE IN VIOLATION14
OF AN OTHERWISE APPLICABLE BUILDING CODE WHERE THE USE COMPLIES15
WITH ANY BUILDING CODE THAT WAS IN EFFECT AT THE TIME THE16
BUILDING OR STRUCTURE WAS ERECTED, CONSTRUCTED, RECONSTRUCTED,17
OR ALTERED.18
(b) (I) TO PURSUE A VIOLATION PURSUANT TO THIS SUBSECTION19
(3), A COUNTY BUILDING INSPECTOR AUTHORIZED PURSUANT TO SECTIONS20
30-28-114 AND 30-28-205, OR ANY INSPECTOR EMPLOYED BY AN21
INTERGOVERNMENTAL ENTITY CREATED IN ACCORDANCE WITH THE22
REQUIREMENTS OF PART 2 OF ARTICLE 1 OF TITLE 29, WHO EXERCISES THE23
FUNCTIONS OF A COUNTY BUILDING INSPECTOR WHO HAS PERSONAL24
KNOWLEDGE OF ANY VIOLATION OF THIS REQUIREMENTS OF SUBSECTION25
(3)(a) OF THIS SECTION BASED ON COMPETENT EVIDENCE ACQUIRED26
DURING A REASONABLE INVESTIGATION SHALL GIVE WRITTEN NOTICE27
1239-31-
TO THE VIOLATOR TO CORRECT THE VIOLATION WITHIN TEN DAYS AFTER1
THE DATE OF THE NOTICE . IF THE VIOLATOR FAILS TO CORRECT THE2
VIOLATION WITHIN THE TEN -DAY PERIOD , THE AUTHORIZED COUNTY3
BUILDING INSPECTOR MAY ISSUE, OR REQUEST THAT THE SHERIFF ISSUE A4
SUMMONS AND COMPLAINT TO THE VIOLATOR , STATING THE NATURE OF5
THE VIOLATION WITH SUFFICIENT PARTICULARITY TO GIVE NOTICE OF THE6
CHARGE TO THE VIOLATOR. THE SUMMONS AND COMPLAINT MUST REQUIRE7
THAT THE VIOLATOR APPEAR IN COUNTY COURT AT A DEFINITE TIME AND8
PLACE STATED THEREIN TO ANSWER AND DEFEND THE CHARGE.9
(II) AN AUTHORIZED BUILDING INSPECTOR OR THE SHERIFF SHALL10
SERVE ONE COPY OF A SUMMONS AND COMPLAINT ISSUED PURSUANT TO11
SUBSECTION (3)(b)(I) OF THIS SECTION ON THE VIOLATOR. AN AUTHORIZED12
BUILDING INSPECTOR OR THE SHERIFF MAY PERSONALLY SERVE THE13
SUMMONS AND COMPLAINT ON THE VIOLATOR AS SET FORTH IN THE14
COUNTY COURT RULES OF CIVIL PROCEDURE. IF AN AUTHORIZED BUILDING15
INSPECTOR OR SHERIFF 'S REASONABLE EFFORTS TO PERSONALLY SERVE16
THE SUMMONS AND COMPLAINT ON THE PROPERTY OWNER ARE17
UNSUCCESSFUL, THE COUNTY MAY POST THE SUMMONS AND COMPLAINT18
ON THE PROPERTY AND MAIL THE SUMMONS AND COMPLAINT TO THE19
PROPERTY OWNER 'S ADDRESS LISTED IN THE RECORDS OF THE COUNTY20
ASSESSOR. SERVICE IS COMPLETE UPON MAILING THE SUMMONS AND21
COMPLAINT. THE OFFICE SERVING THE SUMMONS AND THE COMPLAINT22
SHALL RETAIN ONE COPY OF EACH AND SHALL TRANSMIT ONE COPY EACH23
TO THE CLERK OF THE COUNTY COURT.24
(c) I T IS THE RESPONSIBILITY OF THE COUNTY ATTORNEY TO25
ENFORCE THE PROVISIONS OF THIS SUBSECTION (3); EXCEPT THAT IF THERE26
IS NOT A COUNTY ATTORNEY OR IF THE BOARD OF COUNTY27
1239-32-
COMMISSIONERS DEEMS IT APPROPRIATE , THE BOARD OF COUNTY1
COMMISSIONERS MAY APPOINT THE DISTRICT ATTORNEY OF THE JUDICIAL2
DISTRICT TO PERFORM THE ENFORCEMENT DUTIES IN LIEU OF THE COUNTY3
ATTORNEY.4
(d) IF THERE IS A CONFLICT BETWEEN THIS SUBSECTION (3) AND5
THE RULES OF CIVIL INFRACTIONS, THIS SUBSECTION (3) CONTROLS.6
(e) FOR PURPOSES OF THIS SUBSECTION (3), "PERSON" DOES NOT7
INCLUDE A STATE AGENCY.8
(4) THE COUNTY ATTORNEY HAS THE DISCRETION TO DETERMINE9
WHETHER TO PURSUE THE REMEDIES SET FORTH IN SUBSECTIONS (1), (2),10
OR (3) OF THIS SECTION, OR ANY COMBINATION THEREOF, OR ANY OTHER11
REMEDIES AVAILABLE AT LAW OR IN EQUITY . NONE OF THESE REMEDIES12
ARE INTENDED TO BE MUTUALLY EXCLUSIVE.13
SECTION 6. In Colorado Revised Statutes, 30-35-201, amend14
the introductory portion and (44) as follows:15
30-35-201. Powers of governing bodies.16
The governing body of a home rule county shall exercise such17
EXERCISES THE duties and authority and shall have HAS all the powers and18
responsibilities as provided by law for governing bodies of counties not19
adopting a home rule charter and shall also have ALSO HAS all of the20
following powers that have been included in the county's home rule21
charter or in any amendment thereto, pursuant to the provisions of section22
30-35-103 (1):23
(Ordinance Power)24
(44) Power and penalties. To pass all ordinances and rules and25
make all regulations proper or necessary to carry into effect the powers26
granted to home rule counties, with such fines and penalties as THAT the27
1239-33-
governing body shall deem DEEMS proper, but no fine or penalty shall1
exceed three hundred dollars THE MAXIMUM FINE OR PENALTY2
ESTABLISHED UNDER STATE LAW and no imprisonment shall exceed ninety3
days for one offense;4
SECTION 7. In Colorado Revised Statutes, amend 35-4-114 as5
follows:6
35-4-114. Penalties.7
(1) (a) Except for sections 35-4-107 and 35-4-110.5, any person8
who violates any of the provisions of this article 4 commits a civil9
infraction. The commissioner or a boa rd of county commissioners may10
refer such cases to the district attorney of the county in which such THE11
violation is alleged to have occurred for such action as may be deemed12
necessary. The conviction of a violation of any of the provisions of this13
article 4 shall be IS cause for revocation of any certificate, permit, or14
appointment issued under this article 4.15
(b) THE SHERIFF OR COUNTY ATTORNEY, AT THE REQUEST OF THE16
BOARD OF COUNTY COMMISSIONERS , MAY ISSUE A SUMMONS AND17
COMPLAINT TO THE VIOLATOR, STATING THE NATURE OF THE VIOLATION18
WITH SUFFICIENT PARTICULARITY TO GIVE NOTICE OF THE CHARGE TO THE19
VIOLATOR. THE SUMMONS AND COMPLAINT MUST REQUIRE THAT THE20
VIOLATOR APPEAR IN COUNTY COURT AT A DEFINITE TIME AND PLACE21
STATED IN THE SUMMONS TO ANSWER AND DEFEND THE CHARGE.22
(c) I F THERE IS NOT A COUNTY ATTORNEY OR IF THE BOARD OF23
COUNTY COMMISSIONERS DEEMS IT APPROPRIATE, THE BOARD OF COUNTY24
COMMISSIONERS MAY APPOINT THE DISTRICT ATTORNEY OF THE JUDICIAL25
DISTRICT TO PERFORM THE ENFORCEMENT DUTIES IN LIEU OF THE COUNTY26
ATTORNEY.27
1239-34-
(d) IF THERE IS A CONFLICT BETWEEN THIS SUBSECTION (1) AND1
THE RULES OF CIVIL INFRACTIONS, THIS SUBSECTION (1) CONTROLS.2
(2) (a) I N ADDITION TO THE ENFORCEMENT AUTHORITY IN3
SUBSECTION (1) OF THIS SECTION , ANY PERSON WHO VIOLATES THIS4
ARTICLE 4, EXCEPT FOR SECTIONS 35-4-107 AND 35-4-110.5, SHALL, UPON5
REQUEST BY THE COUNTY, BE SUBJECT TO THE IMPOSITION, BY ORDER OF6
THE COUNTY OR DISTRICT COURT , OF CIVIL PENALTY OF NOT LESS THAN7
ONE HUNDRED DOLLARS OR MORE THAN TWO THOUSAND SIX HUNDRED8
FIFTY DOLLARS . EACH DAY THE VIOLATION OCCURS IS DEEMED A9
SEPARATE OFFENSE AND THE CIVIL PENALTY CONTINUES TO ACCRUE UNTIL10
THE VIOLATION IS REMEDIED. THE COLORADO RULES OF CIVIL PROCEDURE11
APPLY TO DISTRICT COURT PROCEEDINGS AND THE COLORADO COUNTY12
COURT RULES OF CIVIL PROCEDURE APPLY TO COUNTY COURT13
PROCEEDINGS.14
(b) IF THE COURT FINDS, BY A PREPONDERANCE OF THE EVIDENCE,15
THAT A VIOLATION HAS OCCURRED , THE COURT SHALL ORDER THE16
VIOLATOR TO PAY A CIVIL PENALTY IN AN AMOUNT ALLOWED PURSUANT17
TO THIS SUBSECTION (2). THE PENALTY SHALL BE PAYABLE IMMEDIATELY18
BY THE VIOLATOR TO THE COUNTY TREASURER.19
(c) THE MINIMUM CIVIL PENALTY FOR A VIOLATION OF THIS20
ARTICLE 4 IS ONE HUNDRED DOLLARS PER VIOLATION, AND THE MAXIMUM21
CIVIL PENALTY IS TWO THOUSAND SIX HUNDRED FIFTY DOLLARS PER22
VIOLATION. THE PRESUMPTIVE MAXIMUM PENALTY FOR A FIRST VIOLATION23
IS FIVE HUNDRED DOLLARS. THE PRESUMPTIVE MAXIMUM PENALTY FOR A24
SECOND VIOLATION IS ONE THOUSAND DOLLARS . THE PRESUMPTIVE25
MAXIMUM PENALTY FOR A THIRD OR SUBSEQUENT VIOLATION IS TWO26
THOUSAND SIX HUNDRED FIFTY DOLLARS. THE COURT MUST SPECIFY THE27
1239-35-
BASIS FOR THE CIVIL PENALTY ON THE RECORD . IN CASES WHERE1
SUFFICIENT AGGRAVATING FACTORS ARE PRESENT, THE COURT MAY2
IMPOSE A PENALTY THAT IS HIGHER THAN THE PRESUMPTIVE MAXIMUM. IN3
DETERMINING THE APPROPRIATE FINE FOR THE VIOLATION , THE COURT4
MAY CONSIDER THE FOLLOWING FACTORS:5
(I) THE IMPACT OF THE VIOLATION ON PUBLIC HEALTH, SAFETY,6
AND WELFARE;7
(II) THE IMPACT OF THE VIOLATION ON NEIGHBORING PROPERTIES;8
(III) T HE VIOLATOR'S WILLINGNESS TO COMPLY WITH OR9
DEMONSTRATED DISREGARD FOR THE APPLICABLE LAWS;10
(IV) THE VIOLATOR'S ABILITY TO COMPLY WITH THE APPLICABLE11
LAWS;12
(V) WHETHER THE VIOLATION IS THE USE OF THE PROPERTY FOR13
ACTIVITIES PROHIBITED IN THE PROPERTY'S ZONE DISTRICT;14
(VI) WHETHER MULTIPLE VIOLATIONS EXIST ON THE PROPERTY;15
(VII) PRIOR VIOLATIONS BY THE VIOLATOR ON THE PROPERTY; AND16
(VIII) A NY OTHER RELEVANT FACTORS DETERMINED BY THE17
COURT.18
(d) UNTIL PAID, ANY CIVIL PENALTY ORDERED BY THE COURT AND19
ASSESSED UNDER THIS SUBSECTION (2) IS , AS OF RECORDING , A LIEN20
AGAINST THE PROPERTY ON WHICH THE VIOLATION HAS BEEN F OUND TO21
EXIST. IF THE ASSESSMENT IS NOT PAID WITHIN THIRTY DAYS, THE CLERK22
AND RECORDER OR COUNTY ATTORNEY MAY CERTIFY THE NONPAYMENT23
TO THE COUNTY TREASURER , WHO SHALL COLLECT THE ASSESSMENT ,24
TOGETHER WITH A TEN PERCENT PENALTY FOR THE COST OF COLLECTION,25
IN THE SAME MANNER AS OTHER TAXES ARE COLLECTED . THE LAWS OF26
THIS STATE FOR ASSESSMENT AND COLLECTION OF GENERAL TAXES ,27
1239-36-
INCLUDING THE LAWS FOR THE SALE AND REDEMPTION OF PROPERTY FOR1
TAXES, APPLY TO THE COLLECTION OF ASSESSMENTS PURSUANT TO THIS2
SUBSECTION (2). ANY LIEN PLACED AGAINST THE PROPERTY PURSUANT TO3
THIS SUBSECTION (2) SHALL BE RECORDED WITH THE CLERK AND4
RECORDER OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED.5
SECTION 8. In Colorado Revised Statutes, repeal and reenact,6
with amendments, 35-5.5-118.5 as follows:7
35-5.5-118.5. Local enforcement - civil infraction - civil8
penalty - injunction - definitions.9
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE10
REQUIRES, "VIOLATION" MEANS A VIOLATION OF THIS ARTICLE 5.5, ANY11
RULE ADOPTED PURS UANT TO THIS ARTICLE 5.5, OR ANY COUNTY12
ORDINANCE, RESOLUTION, RULE, OR OTHER REGULATION IMPLEMENTING13
THIS ARTICLE 5.5.14
(2) (a) I N ADDITION TO THE ENFORCEMENT AUTHORITY OF THE15
COMMISSIONER PURSUANT TO SECTION 35-5.5-118, A PERSON WHO16
VIOLATES THIS ARTICLE 5.5, ANY RULE ADOPTED PURSUANT TO THIS17
ARTICLE 5.5, OR ANY COUNTY ORDINANCE, RESOLUTION, RULE, OR OTHER18
REGULATION IMPLEMENTING THIS ARTICLE 5.5 COMMITS A CIVIL19
INFRACTION. THE COUNTY ATTORNEY FOR THE COUNTY WHERE THE20
VIOLATION OCCURS SHALL ENFORCE CIVIL INFRACTIONS PURSUANT TO THIS21
SUBSECTION (2)(a) BY PROSECUTION. IF THERE IS A CONFLICT BETWEEN22
THIS SECTION AND THE COLORADO RULES OF CIVIL INFRACTIONS , THIS23
SECTION CONTROLS. EACH DAY THAT A VIOLATION OCCURS IS A SEPARATE24
OFFENSE.25
(b) AS USED IN THIS SUBSECTION (2), "PERSON" DOES NOT INCLUDE26
A STATE AGENCY.27
1239-37-
(3) (a) I N ADDITION TO THE ENFORCEMENT AUTHORITY OF THE1
COMMISSIONER PURSUANT TO SECTION 35-5.5-118 AND THE COUNTY2
ATTORNEY PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION, A DISTRICT3
COURT OR COUNTY COURT, UPON A FINDING BY A PREPONDERANCE OF THE4
EVIDENCE THAT A VIOLATION OCCURRED OR IS OCCURRING, SHALL ORDER5
THE VIOLATOR TO PAY A CIVIL PENALTY OF NO LESS THAN ONE HUNDRED6
DOLLARS AND NO MORE THAN TWO THOUSAND SIX HUNDRED FIFTY7
DOLLARS. EACH DAY DURING WHICH A VIOLATION OCCURS IS DEEMED A8
SEPARATE OFFENSE. THE COLORADO RULES OF CIVIL PROCEDURE APPLY9
TO DISTRICT COURT PROCEEDINGS AND THE COLORADO COUNTY COURT10
RULES OF CIVIL PROCEDURE APPLY TO COUNTY COURT PROCEEDINGS.11
(b) (I) THE MINIMUM CIVIL PENALTY THAT THE COURT MAY IMPOSE12
FOR A VIOLATION IS ONE HUNDRED DOLLARS PER VIOLATION , AND THE13
MAXIMUM CIVIL PENALTY IS TWO THOUSAND SIX HUNDRED FIFTY DOLLARS14
PER VIOLATION . THE PRESUMPTIVE MAXIMUM PENALTY FOR A FIRST15
VIOLATION IS FIVE HUNDRED DOLLARS. THE PRESUMPTIVE MAXIMUM16
PENALTY FOR A SECOND VIOLATION IS ONE THOUSAND DOLLARS . THE17
PRESUMPTIVE MAXIMUM PENALTY FOR A THIRD OR SUBSEQUENT18
VIOLATION IS TWO THOUSAND SIX HUNDRED FIFTY DOLLARS. THE COURT19
MUST SPECIFY THE BASIS FOR THE CIVIL PENALTY ON THE RECORD . IN20
CASES WHERE SUFFICIENT AGGRAVATING FACTORS ARE PRESENT , THE21
COURT MAY IMPOSE A PENALTY THAT IS HIGHER THAN THE PRESUMPTIVE22
MAXIMUM. IN DETERMINING THE APPROPRIATE FINE FOR THE VIOLATION,23
THE COURT MAY CONSIDER THE FOLLOWING FACTORS:24
25
(A) THE IMPACT OF THE VIOLATION ON PUBLIC HEALTH, SAFETY,26
AND WELFARE;27
1239-38-
(B) THE IMPACT OF THE VIOLATION ON NEIGHBORING PROPERTIES;1
(C) T HE VIOLATOR'S WILLINGNESS TO COMPLY WITH OR2
DEMONSTRATED DISREGARD FOR THE APPLICABLE LAWS;3
(D) THE VIOLATOR'S ABILITY TO COMPLY WITH THE APPLICABLE4
LAWS;5
(E) WHETHER THE VIOLATION IS THE USE OF THE PROPERTY FOR6
ACTIVITIES PROHIBITED IN THE PROPERTY'S ZONE DISTRICT;7
(F) WHETHER MULTIPLE VIOLATIONS EXIST ON THE PROPERTY;8
(G) PRIOR VIOLATIONS BY THE VIOLATOR ON THE PROPERTY; AND9
(H) ANY OTHER RELEVANT FACTORS DETERMINED BY THE COURT.10
(II) UNTIL PAID, ANY CIVIL PENALTY ORDERED BY THE COURT AND11
ASSESSED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION IS , AS OF12
RECORDING, A LIEN AGAINST THE PROPERTY ON WHICH THE VIOLATION13
HAS BEEN FOUND TO EXIST . IF THE ASSESSMENT IS NOT PAID WITHIN14
THIRTY DAYS , THE CLERK AND RECORDER OR COUNTY ATTORNEY MAY15
CERTIFY THE NONPAYMENT TO THE COUNTY TREASURER , WHO SHALL16
COLLECT THE ASSESSMENT, TOGETHER WITH A TEN PERCENT PENALTY FOR17
THE COST OF COLLECTION , IN THE SAME MANNER AS OTHER TAXES ARE18
COLLECTED. THE LAWS OF THIS STATE FOR ASSESSMENT AND COLLECTION19
OF GENERAL TAXES, INCLUDING THE LAWS FOR THE SALE AND REDEMPTION20
OF PROPERTY FOR TAXES , APPLY TO THE COLLECTION OF ASSESSMENTS21
PURSUANT TO THIS SUBSECTION (3). ANY LIEN PLACED AGAINST THE22
PROPERTY PURSUANT TO THIS SECTION SHALL BE RECORDED WITH THE23
CLERK AND RECORDER OF THE COUNTY IN WHICH THE PROPERTY IS24
LOCATED.25
(4) T HE COUNTY ATTORNEY MAY BRING AN ACTION IN THE26
COUNTY COURT OR DISTRICT COURT THAT HAS JURISDICTION OVER THE27
1239-39-
PROPERTY FOR AN ORDER ENJOINING THE VIOLATION , ORDERING THE1
VIOLATION'S RESTRAINT, REMOVAL, TERMINATION, OR ABATEMENT BY THE2
PROPERTY OWNER, AND AUTHORIZING ABATEMENT BY THE COUNTY OR ITS3
AGENT. IN BRINGING THAT ACTION, THE COUNTY ATTORNEY SHALL FILE A4
VERIFIED COMPLAINT . THE COURT SHALL REVIEW THE VERIFIED5
COMPLAINT AND SCHEDULE A HEARING ON THE REQUEST FOR AN6
ABATEMENT ORDER, INJUNCTION, OR OTHER APPROPRIATE REMEDY AND7
DIRECT THE ISSUANCE OF A SUMMONS STATING THE TIME , DATE , AND8
PLACE OF THE HEARING, WHICH THE COURT SHALL SCHEDULE NO LATER9
THAN THIRTY DAYS AFTER THE COUNTY ATTORNEY FILES THE COMPLAINT.10
THE COUNTY SHALL SERVE THE SUMMONS AND COMPLAINT ON THE11
PROPERTY OWNER IN ACCORDANCE WITH APPLICABLE RULES OF CIVIL12
PROCEDURE AT LEAST TEN DAYS PRIOR TO THE PRELIMINARY HEARING. IF13
THE COUNTY 'S REASONABLE EFFORTS TO PERSONALLY SERVE THE14
SUMMONS AND COMPLAINT ARE UNSUCCESSFUL, THE COUNTY MAY POST15
THE SUMMONS AND COMPLAINT ON THE PROPERTY AND MAIL THE16
SUMMONS AND COMPLAINT, CERTIFIED MAIL, RETURN RECEIPT REQUESTED,17
TO THE PROPERTY OWNER 'S ADDRESS IN THE RECORDS OF THE COUNTY18
ASSESSOR AS AN ALTERNATIVE MEANS OF PROVIDING SERVICE . IF THE19
COUNTY PROVIDES ALTERNATIVE SERVICE , THE COUNTY MUST PROVIDE20
THE ALTERNATIVE SERVICE AT LEAST TEN DAYS PRIOR TO THE21
PRELIMINARY HEARING. AT THE TIME, DATE, AND PLACE STATED IN THE22
SUMMONS, THE COURT SHALL REVIEW AND CONSIDER THE REQUEST FOR AN23
ABATEMENT ORDER , ANY STATEMENT OF THE COUNTY IN SUPPORT24
THEREOF, AND ANY STATEMENT AND EVIDENCE PRESENTED BY THE25
PROPERTY OWNER, IF PRESENT. ON THE DATE AND AT THE TIME SET FOR26
THE HEARING , IF THE PROPERTY OWNER FAILS TO APPEAR , AND IF THE27
1239-40-
COUNTY PROVES THAT PROPER SERVICE WAS MADE ON THE PROPERTY1
OWNER, THE COURT MAY GRANT THE ORDER AS REQUESTED BY THE2
COUNTY. A PROPERTY OWNER'S FAILURE TO APPEAR ON ANY DATE SET FOR3
A PRELIMINARY HEARING IS GROUNDS FOR THE COURT TO ENTER A4
DEFAULT AND JUDGMENT THEREON AGAINST A NONAPPEARING PROPERTY5
OWNER. FOR GOOD CAUSE SHOWN , AND PRIOR TO ENFORCEMENT , THE6
COURT MAY SET ASIDE AN ENTRY OF DEFAULT AND THE JUDGMENT7
ENTERED THEREON.8
(5) I T IS THE RESPONSIBILITY OF THE COUNTY ATTORNEY TO9
ENFORCE THE PROVISIONS OF THIS SECTION; EXCEPT THAT IF THERE IS NOT10
A COUNTY ATTORNEY OR IF THE BOARD OF COUNTY COMMISSIONERS11
DEEMS IT APPROPRIATE , THE BOARD OF COUNTY COMMISSIONERS MAY12
APPOINT THE DISTRICT ATTORNEY OF THE JUDICIAL DISTRICT TO PERFORM13
THE ENFORCEMENT DUTIES PURSUANT TO SUBSECTIONS (2) AND (3) OF14
THIS SECTION, IN LIEU OF THE COUNTY ATTORNEY.15
(6) EXCEPT FOR ANY SURCHARGES OR COURT COSTS COLLECTED16
BY A COURT , ANY FINES OR PENALTIES SHALL BE PAID TO THE COUNTY17
TREASURER.18
(7) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IT IS19
WITHIN THE DISCRETION OF A COUNTY ATTORNEY TO DETERMINE20
WHETHER TO PURSUE AN ENFORCEMENT ACTION PURSUANT TO THIS21
SECTION OR TO PURSUE ANOTHER REMEDY AVAILABLE UNDER THE LAW.22
SECTION 9. In Colorado Revised Statutes, repeal 30-28-124.523
and 30-28-210.24
SECTION 10. Act subject to petition - effective date. This act25
takes effect at 12:01 a.m. on the day following the expiration of the26
ninety-day period after final adjournment of the general assembly (August27
1239-41-
12, 2026, if adj ournment sine die is on May 13, 2026); except that, if a1
referendum petition is filed pursuant to section 1 (3) of article V of the2
state constitution against this act or an item, section, or part of this act3
within such period, then the act, item, section, or part will not take effect4
unless approved by the people at the general election to be held in5
November 2026 a nd, in such case, will take effect on the date of the6
official declaration of the vote thereon by the governor.7
1239-42-