(a)

Generally. The city council finds that the enforcement of this UDC is an important public service, and that code enforcement is vital to the protection of the public health, safety, welfare, and quality of life. The purpose of this article is to encourage prompt compliance with the UDC.

(b)

Procedures and remedies are not exclusive. Nothing in this article is intended to limit the remedies that are available to the city to prevent, cure, or abate violations of this UDC. This article shall not be construed to prevent the city from using any enforcement procedures that are lawful and appropriate, nor shall it be construed as an election of remedies.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. This article provides the general process for enforcing the UDC, and the general remedies that are available to the city. However, as provided in section 29-440, the city may take any lawful action to remedy violations of this UDC, including seeking any remedy or imposing any penalty that is available under this UDC, Colorado law or administrative rules promulgated thereunder, or Federal law.

(b)

Enforcement of UDC, generally.

(1)

Division 2, Enforcement Procedures, sets out:

a.

A general procedure for code enforcement by city Staff; and

b.

Additional actions that may be taken by the administrator.

(2)

In addition to the enforcement provisions of this article, specific conditions of development approval or improvements agreements may provide additional or alternative enforcement procedures or remedies.

(c)

Remedies. Division 3, Remedies, provides a non-exclusive list of defenses and potential consequences of enforcement when a person is found to have violated this UDC.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 5-2020, § 22, 3-4-20)

(a)

Generally. In the event of the failure of the owner, an adult tenant, or an adult person in possession of any real property in the city to comply with the provisions of this chapter, the code enforcement officer shall serve a written notice of violation ("NOV"), in a form prescribed by the department of public works, upon the property owner whose property is being kept contrary to the provisions of this chapter.

(b)

Contents of notice of violation. The NOV shall include, at a minimum:

(1)

The address of the property where the violation is alleged.

(2)

Specific reference to the section(s) of this UDC or to conditions of a development approval that are alleged to have been violated.

(3)

If necessary, a statement of the action that must be taken to bring the property or use into compliance with this UDC.

(4)

A time frame, not to exceed twenty-eight (28) days, for bringing the property or use into compliance with this UDC. An extension may be granted by the administrator as long as the property owner is diligently working towards a resolution.

(5)

A statement that if the violation is not corrected within a specified period of time, the prosecution for the violation may be initiated subsequently by the issuance of a summons and compliant.

(6)

Contact information for a person or department who can answer questions about the warning.

(c)

Time for correction.

(1)

The length of time for correction shall be a reasonable period of time, depending on the facts and circumstances of the violation, in the judgment of the code enforcement officer, but shall be not less than seven (7) days nor more than twenty-eight (28) days after service of the NOV.

(2)

In determining the time period, the code enforcement officer shall determine, taking into account the action that must be taken by the property owner to bring the property into compliance with this chapter, as well as the detriment to the neighborhood and surrounding properties, if any, from continuing non-compliance.

(d)

Service of notice of violation.

(1)

Service shall be made by personally delivering a copy of said notice of violation to the owner, and to any adult tenant, or an adult person in possession of the property, in which case service shall be deemed complete upon receipt; or

(2)

If personal service cannot be achieved after reasonably diligent efforts, service may be by mailing, by certified mail, a copy of the notice to the property owner at his/her last known address, as designated in the records of the county assessor, in which case service shall be deemed complete at noon the third business day after mailing.

(3)

Subject to the limitations of subsection (e), below, and the discretion of the code enforcement officer, warnings are the preferred method of assuring compliance with this UDC.

(e)

Limitations. The code enforcement officer may recommend immediate prosecution by service of a summons and complaint without first issuing a notice of violation under this section if:

(1)

During the previous twenty-four (24) months, the property owner has been warned of, cited for, or summoned to court for the same violation; or

(2)

The code enforcement officer determines that the violation is likely to create an imminent hazard to life or property.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 12-2021, § 11, 8-18-21)

(a)

Generally. As provided in this section, the code enforcement officer may issue immediate orders or take other immediate actions as necessary to halt violations of this UDC, to prevent activities from violating or exacerbating violations of this UDC, or to remedy violations of this UDC.

(b)

Cease and desist orders. The code enforcement officer may issue a cease and desist order to close unlawful uses or to halt other violations of this UDC for which the code enforcement officer determines that other available procedures and remedies under this article are inadequate.

(c)

Stop work orders.

(1)

The code enforcement officer shall have the authority to stop any or all construction activities as deemed necessary to halt, correct, or prevent an imminent violation of this UDC by issuing a written stop work order to the owner, contractor, permittee, or operator.

(2)

If the appropriate permittee or operator cannot be located, the stop work order shall be posted in a conspicuous place upon the area where the activity is occurring. The notice shall not be removed until the violation has been cured or authorization to remove the notice has been issued by the city.

(3)

Such permittee or operator shall immediately stop all activity until authorized, in writing, by the city to proceed. It is unlawful for any permittee or operator to fail to comply with a stop work order.

(4)

Stop work orders may be issued for:

a.

Construction work for which a required development approval or permit has not been issued;

b.

A violation of any condition of development approval, development agreement, stormwater quality permit, stormwater management plan, or other plan required by this UDC;

c.

Material departure from approved construction drawings or specifications;

d.

A violation of this UDC;

e.

A violation of any other ordinance of the city, State law, or Federal law pertaining to the development; or

f.

The existence of any condition or the occurrence of any act which endangers health, life, or safety, or creates a high potential for damage to property.

(d)

Permit actions.

(1)

Permit holds. Upon recommendation of the code enforcement officer, the administrator may direct city departments that are responsible for the issuance of permits related to platting, construction, expansion, or operation of a use, building, structure, sign, or fence, to hold further permits until the code enforcement officer certifies that violations are corrected, or until the city council, municipal court, or other court of appropriate jurisdiction orders that the hold be lifted (for example, if an owner fails to plat property where a plat is required, the code enforcement officer may order that building permits be withheld until the plat is approved and recorded).

(2)

Temporary suspension of permits, generally.

a.

The code enforcement officer may suspend permits for a period of not more than twenty-one (21) days in order to:

1.

Address an imminent danger to public health, public safety, or public or private property;

2.

Prevent irreparable harm that is otherwise likely to occur if the activities that are the basis for the temporary revocation were to continue;

3.

Achieve compliance with conditions of approval, or with limited or conditional use standards, if applicable; or

4.

Ensure that construction proceeds according to approved plans and applicable laws.

b.

If the code enforcement officer temporarily suspends a permit, the code enforcement officer shall immediately notify the city attorney and the administrator. The city attorney may seek a court order in municipal court or other court of appropriate jurisdiction permanently revoking the permit if compliance is not achieved within twenty-one (21) days. The city attorney may request a temporary injunction to extend the temporary suspension of the permit in order to avoid irreparable harm.

(e)

Removal of temporary signs. The code enforcement officer may immediately remove (or cause to be removed) temporary signs that are placed in violation article VII, division 7, signs.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. The code enforcement officer may issue a citation for violation of this UDC. The recipient of a citation shall correct the violations that are alleged and pay any applicable fines or restitution to the city within twenty-one (21) days of the date of the citation.

(b)

Relationship to other enforcement procedures. Enforcement actions are intended to be cumulative in nature. The city may pursue any and all lawful remedies, separately or concurrently, to effect compliance with an issued citation, including issuance of immediate orders and prosecution of violations as criminal offenses. If a recipient of a citation does not take timely action required by the citation and does not timely request administrative review pursuant to this section, then the city may proceed to enforce the citation in municipal court.

(c)

Contents of citation. Citations shall include at least the following information:

(1)

The address or location of the property where the violation is alleged.

(2)

Specific reference to the section(s) of this UDC or to conditions of a development approval that are alleged to have been violated.

(3)

If necessary, a statement of the action that must be taken to bring the property or use into compliance with this UDC and a time frame, not to exceed twenty-one (21) days, for achieving compliance with this UDC.

(4)

The amount of any fine that is assessed as a result of the violation.

(5)

A statement that if the requirements of the citation are not met within the stated time frame, the party cited may be compelled to appear in municipal court.

(6)

A statement that the cited party may challenge the citation within fourteen (14) days of the date of the citation by written request for a hearing in municipal court.

(d)

Payment of fines. If the municipal court affirms the citation or modifies the citation, any fines that are imposed shall be payable to the city not later than thirty (30) days after the date of the municipal court's decision.

(e)

Collection of fines. A fine assessed by means of a citation may be collected by any means allowed by law.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 5-2020, § 22, 3-4-20)

(a)

Generally. In the case of violations of, or noncompliance with, this UDC or of violations of, or failure to meet, conditions of approval, the administrator, city manager, or city attorney may schedule a hearing prior to taking civil action in court in order to investigate and consider a suspension of a license, permit, or approval as provided in this section.

(b)

Referral of notice of violation. The administrator may refer a notice of violation of conditions of approval to the city council for initiation of proceedings to revoke an approval in cases of:

(1)

Violations of this UDC;

(2)

Violations of conditions of approval; or

(3)

Failure to meet conditions of approval.

(c)

Introduction. To consider revocation of an approval, the city council shall introduce the matter during a regular meeting. Upon affirmative vote of a majority of the quorum present, the matter shall be referred to the planning commission for a recommendation.

(d)

Planning commission review and recommendation. Upon referral, the administrator shall place the matter on the next available agenda of the planning commission, which shall hold a quasi-judicial hearing at which it shall hear evidence from the administrator or the administrator's designee, and from the recipient of the notice of violation. Upon conclusion of the hearing, the planning commission shall make a recommendation to the city council, which shall include recommended findings of fact.

(e)

City council decision. Upon recommendation of the planning commission, the administrator shall place the matter on the next available agenda of the city council, which shall hold a quasi-judicial hearing. Upon conclusion of the public hearing, the city council shall consider the testimony adduced at the hearing and the recommendation of the planning commission, and shall decide whether to revoke the approval, attach additional conditions to ensure future compliance, or dismiss the charge of the violation. Decisions to revoke an approval or attach additional conditions shall include written findings of fact.

(f)

Effect of suspension. An approval that is suspended is inoperative during the period of suspension, and all uses authorized by the approval shall cease operations. If the city council does not put a time limit on the suspension and the violator does not appeal to a court or competent jurisdiction, then the suspension becomes a permanent revocation of the license, permit, or approval upon the lapse of the appeal period.

(Ord. No. 33-2017, § 1, 12-6-17)

The city may initiate action to enforce this UDC in the Alamosa Municipal Court, or in any other court of appropriate jurisdiction, according to the applicable rules of procedure. Judicial actions may include, but are not limited to, proceedings for temporary or permanent injunction, abatement, declaratory judgment, or other appropriate actions or proceedings to prevent, enjoin, abate, remove, or otherwise correct violations of this UDC or permits or approvals granted hereunder.

(Ord. No. 33-2017, § 1, 12-6-17)

(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)

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)

(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)

(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)