(a)

No person shall occupy, use or change the use of any structure or land except in conformity with all of the provisions of this title and the conditions of any approval granted under this title.

(b)

No person shall erect, move or alter any building or structure unless a building permit has been issued therefor by the city manager in conformity with all of the requirements of this title. As part of the application for a building permit, an applicant shall submit building plans, landscape plans, site plans and other evidence to demonstrate compliance with the provisions of this title.

(c)

No person shall occupy, use or change the use of any building or land for which activity a building permit is required until the city manager has issued a certificate of occupancy. Such certificate shall verify that the entire building and proposed use thereof, as applicable, complies with the building permit and the provisions of this title. Such certificate may be combined with any other certificate of occupancy required by any other provision of this code or any ordinance of the city.

(d)

No person shall occupy, use or change the use of a building or land for which a certificate of completion is required under subsection 9-2-11(a), B.R.C. 1981, until the city manager has issued a certificate of completion. Such certificate shall verify that the proposed use complies with all conditions of any approval and the provisions of this title.

(e)

In accordance with the provisions of section 5-2-11, "Prosecution of Multiple Counts for Same Act," B.R.C. 1981, each day during which illegal construction, alteration, maintenance, occupancy or use continues, constitutes a separate offense remediable through the enforcement provisions of this chapter.

(f)

The owner, tenant and occupant of a structure or land and the agents of each of them are jointly and severally liable for any violation of this title with respect to such structure or land.

(g)

For any violation of any provision of this title or any approval granted under this title, the city manager may pursue, singly or in combination, any remedies provided by this chapter.

(h)

No person shall intentionally or negligently misrepresent the provisions of this title with respect to the nature or use of land, including, without limitation, permitted uses, zoning district designations, occupancy limitations and status of development thereon.

Ordinance No. 4928 (1985)

In order to ensure compliance with the provisions of this title, any approval granted under this title, or action taken to remedy any violation of such title or approval, the city manager shall, subject to the provisions of subsection 2-6-3(e), B.R.C. 1981, inspect any structure or land.

(a)

If the city manager finds that a violation of any provision of this title or any approval granted under this title exists, the manager, after notice and an opportunity for hearing under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, may take any one or more of the following actions to remedy the violation:

(1)

Impose a civil penalty according to the following schedule:

(A)

For the first violation of the provision or approval, $100.00;

(B)

For the second violation of the same provision or approval, $300.00; and

(C)

For the third violation of the same provision or approval, $1,000.00;

(2)

For a violation concerning the use of a residential building under a rental license, revoke such license;

(3)

Require the filing of a declaration of use as provided in section 9-15-6, "Declaration of Use," B.R.C. 1981; or

(4)

Issue an order reasonably calculated to ensure compliance with the provisions of this title or any approval granted under this title.

(b)

Prior to the hearing, the city manager may issue an order that no person shall perform any work on any structure or land, except to correct any violation found by the manager to exist with respect to such structure or land.

(c)

If notice is given to the city manager at least forty-eight hours before the time and date set forth in the notice of hearing on any violation that the violation has been corrected, the manager will reinspect the structure or land. If the manager finds that the violation has been corrected, the manager may cancel the hearing.

(d)

No person shall fail to comply with any action taken by the manager under this section.

Ordinance Nos. 5391 (1991); 5639 (1994)

(a)

The city attorney, acting on behalf of the people of the city, may prosecute any violation of this title or any approval granted under this title in municipal court in the same manner that other municipal offenses are prosecuted.

(b)

The penalty for violation of any provision of this title is a fine of not more than $2,650.00 per violation. The limitation of this fine shall be adjusted for inflation on January 1, 2025, and on January 1 of each year thereafter. As used in this subsection, "inflation" means the Colorado consumer price index or a similar index that is tied to the annual rate of inflation in the state or Denver-Boulder metropolitan area. In addition, upon conviction of any person for violation of this title, the court may issue a cease and desist order and any other orders reasonably calculated to remedy the violation. Violation of any order of the court issued under this section is a violation of this section and is punishable by a fine of not more than $4,000.00 per violation, or incarceration for not more than ninety days in jail or both such fine and incarceration.

Ordinance Nos. 4928 (1985); 5639 (1994); 7288 (2003); 8651 (2025)

The city attorney may maintain an action for damages, declaratory relief, specific performance, injunction or any other appropriate relief in the District Court in and for the County of Boulder for any violation of any provision of this title or any approval granted under this title.

If the city manager determines that a person is using a structure or land in a way that might mislead a reasonable person to believe that such use is a use by right or otherwise authorized by this title, the manager may require such person to sign under oath a declaration of use that defines the limited nature of the use and to record such declaration in the office of the Boulder County Clerk and Recorder against the title to the land. In addition to all other remedies and actions that the city manager is authorized to use under the Boulder Revised Code or other applicable federal, state or local laws to enforce the provisions of this title, the city manager is authorized to withhold any approval affecting such structure or land, including, without limitation, a building permit, use review, site review, subdivision, floodplain development permit or wetland permit until such time as the person submits a declaration of use that is in a form acceptable to the city manager.

Ordinance No. 7117 (2001)

Any person injured by a violation of any provision of this title or approval granted under this title may maintain an action for damages, declaratory relief, specific performance, injunction or any other appropriate relief in the District Court in and for the County of Boulder against the person causing the violation. If plaintiff prevails, plaintiff shall be entitled to an award of attorney's fees. Upon filing such an action, plaintiff shall send notice thereof to the city, but nothing in this title authorizes the city or its employees or agents to be named as a defendant in such litigation.

(a)

It is a specific defense to a charge of violating any provision of chapter 9-5, "Modular Zone System," 9-6, "Use Standards," 9-7, "Form and Bulk Standards," 9-8, "Intensity Standards," or 9-9, "Development Standards," B.R.C. 1981, that the building, the use of the building or the alteration of the building which is in violation was in existence on or before December 31, 1962, has remained continuously in existence since then, and met all applicable zoning and building requirements in effect at the time the use was changed or the work was done. If evidence of such building, use or alteration appears on the Maps of the City of Boulder published by Marden Maps, copyright 1952, as maintained for inspection in the planning department, it is presumed to have been in existence before December 31, 1962.

(b)

Upon notification in any manner by the city that a current use or structure is unauthorized, a person desiring to use the specific defense set forth in subsection (a) of this section shall apply to the city manager within thirty days for a building permit and a certificate of occupancy, indicating the date on which the use was changed or the work was done or that the work was done before the applicant purchased the property. In every case, the applicant shall indicate that the use was changed or the work was done before December 31, 1962.

(c)

The city manager will provide to an applicant under this section a list of measures that must be taken to bring the building, use or alteration into compliance with this title and title 10, "Structures," B.R.C. 1981. In the event that a measure required to bring the property into compliance cannot be accomplished due to lot size, location of structure or setback requirements, the city manager may waive any such requirements as needed to permit compliance based on the manager's reasonable opinion of how the values served by the various requirements of the zoning code will be best served.

(d)

The city manager will examine the use or inspect the work and issue a certificate of occupancy if:

(1)

The use or work met the applicable zoning and building code standards in effect at the time that the use was changed or the work was done; and

(2)

The applicant has taken the measures required under subsection (c) of this section.

In the case of rental housing, the property also shall meet all current requirements of chapter 10-2, "Property Maintenance Code," B.R.C. 1981.

(e)

The applicant shall pay the current water and wastewater plant investment fees if such would otherwise be due on an ordinary permit application, any development excise tax or transportation excise tax or other excise tax similarly due, any park or other special district fees similarly due, and any water, wastewater and other charges or increases therein that would have been charged had the city been properly notified of the change in use or status when it occurred. These continuing fees shall be immediately due from the current owner for any period during which such owner has or had any interest, direct or indirect, in the property and from any previous owner for any such period if and when such owner reacquires any such interest.

(f)

Failure to comply with subsections (b) and (e) of this section renders the specific defense of subsection (a) of this section unavailable.

Ordinance Nos. 5391 (1991); 5562 (1993); 7117 (2001); 7724 (2010)

(a)

Specific Defenses to Alleged Violations Related to Multiple Dwelling Units: If a charge of violation of any provision of chapter 9-5, "Modular Zone System," 9-6, "Use Standards," 9-7, "Form and Bulk Standards," 9-8, "Intensity Standards," or 9-9, "Development Standards," B.R.C. 1981, is premised solely upon the multiple dwelling units provisions of subsection 9-16-1(c), B.R.C. 1981, it is a specific defense to such charge that, on a continuing basis, the residents of the dwelling unit share utilities and keys to all entrances to the property and that they function as a single housekeeping unit. For purposes of this section, to function as a single housekeeping unit means to share major functions associated with residential occupancy and to share a single common kitchen as the primary kitchen.

Ordinance Nos. 5562 (1993); 5660 (1994); 7484 (2006); 7535 (2007); 8072 (2015); 8651 (2025)