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Alamosa City Zoning Code

DIVISION 9-3

REMEDIES

Sec. 21-9-301. - Nature of remedies; preference for civil remedies.

(a)

Generally. The remedies provided in this Article, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law.

(b)

Each day a separate offense. Each day that a violation exists constitutes a separate offense.

(c)

Preference for civil remedies. It is the intent of the city to apply civil remedies described in this division, and to use criminal enforcement only in egregious cases, including, but not limited to, multiple repeated offenses.

(Ord. No. 33-2017, § 1, 12-6-17)

Sec. 21-9-302. - Revocation of licenses, permits, and approvals.

Development approvals or permits may be permanently revoked if the city council (pursuant to section 21-9-204, administrative suspension of licenses, permits, and approvals) or a court of appropriate jurisdiction finds a failure to correct a violation that resulted in a temporary suspension of the permit; or if there was fraud or material misrepresentation in the application materials that supported the issuance of the permit.

(Ord. No. 33-2017, § 1, 12-6-17)

Sec. 21-9-303. - Civil remedies.

(a)

Fines. Any person who violates or fails to comply with any provision of this UDC shall be subject to a civil penalty up to the maximum amount allowed by law, for each offense. The city council may establish a schedule of fines by resolution.

(b)

Declaratory or injunctive relief. The city may seek declaratory or injunctive relief in order to enforce this UDC or conditions of approval.

(c)

Responsible parties. Every person furthering the violation of, or showing failure to comply with, the UDC, whether the person directly commits the act or aids or abets the same and whether present or absent, shall be proceeded against and held as a principal.

(d)

Specific performance. The city may seek specific performance in order to enforce improvements agreements, annexation agreements, and other agreements, however titled, that are used to implement the requirements of this UDC.

(Ord. No. 33-2017, § 1, 12-6-17)

Sec. 21-9-304. - Criminal penalties.

(a)

Generally. The owner or owners of any building or buildings or premises or part thereof where anything in violation of this chapter exists or is placed or maintained; and any architect, builder, or contractor who assists in the commission of any such violation; and all persons or corporations who violate or maintain any violation of any of the provisions of this chapter or who fail to comply therewith or with any requirements thereof or who build in violation of any statement of plans submitted and approved hereunder shall, for each and every violation or noncompliance, be guilty of an ordinance violation and, upon conviction thereof, shall be punishable in accordance with the general penalty provision established in the City of Alamosa Municipal Code, section 1-17.

(b)

Responsible parties. Every person furthering the violation of, or showing failure to comply with, the UDC, whether the person directly commits the act or aids or abets the same and whether present or absent, shall be proceeded against and held as a principal.

(Ord. No. 33-2017, § 1, 12-6-17)