The purpose of this Article is to set out the procedures for enforcing the requirements of this LDC and to outline the legal remedies that are available to the City when it initiates an enforcement action. Nothing in this Article is intended to limit the remedies that are available to the City to prevent and abate violations of this LDC.

A.

Generally. This Article provides the general process for enforcing the LDC, and the general remedies that are available to the City. However, the Article is not intended to bar the City from using other enforcement procedures as are lawful and appropriate, nor is it intended to elect remedies. The City may take any lawful action to remedy violations of this LDC, including seeking any remedy and/or imposing any penalty that is available under this LDC, State law or administrative rules promulgated thereunder, or Federal law.

B.

Violations and Violation Abatement Fund.Division 15-2, Violations and Violation Abatement Fund, sets out what constitutes a violation of this LDC, and requires that certain uses that are likely to require immediate correction of violations establish a violation abatement fund that the City draw from to correct such violations.

C.

Enforcement.Division 15-3, Enforcement, sets out:

1.

A general procedure for code enforcement by Code Enforcement Officers;

2.

Additional actions that may be taken by the Director, the Chief Building Official, or the Floodplain Administrator; and

3.

Special enforcement provisions and remedies that are available with respect to certain approval types or land uses.

D.

Conditions of Approval. In addition to the enforcement provisions of this Article, specific conditions of development approval may provide additional or alternative enforcement procedures or remedies.

A.

Generally. It shall be unlawful for a property owner or property tenant to use land; any building; or any structure erected, constructed, enlarged, altered, maintained, moved or used in a manner that is inconsistent:

1.

With the requirements of this LDC; or

2.

With any terms and conditions of any permit or other land use approval or agreement, including, but not limited to, a development agreement, subdivision improvement agreement, or public improvement agreement.

A property owner's or property tenant's violation of these Regulations shall be considered unlawful and a public nuisance, and shall be subject to the civil remedies available pursuant to this Article and State and Federal law. Unless otherwise specified by this LDC, State law, or Federal law, violations of this LDC are minor offenses as defined by Section 2-3-20, Definitions, Centennial Municipal Code.

B.

Continuing Violations. Each calendar day of a continuing violation shall be counted as a separate violation of this LDC.

(Ord. 2021-O-13 §48)

A.

Generally. As a condition of commencing operation of certain uses (e.g., a waste transfer station or recycling center, composting facility, or other use for which a violation abatement fund is required by Division 2-4, Limited and Conditional Use Standards), the operator shall maintain at all time a cash deposit with the City of Centennial in an amount determined at the time of application according to a then-current resolution of the City Council establishing the minimum deposit. In the absence of such a resolution, the minimum amount shall be $2,000.00. This fund shall be known as the "Abatement Fund."

B.

Purpose. The Abatement Fund shall assure the prompt and complete performance of the operator with requirements imposed by this LDC, and, in particular, the requirement to maintain the use and the truck routes described in any required Truck Routing Plan within 1,760 feet of the use in a neat and orderly appearance. The City of Centennial shall be authorized at its discretion to draw upon and use all or any portion of the Abatement Fund in order to remedy a violation, pursuant to the following procedures:

1.

The City shall first issue a written notice of violation to the operator or supervisor of the use. Such notice shall provide the specific conditions existing that are deemed in violation of the requirements of this LDC or conditions of approval of the use.

2.

The City shall provide not less than five business hours from the delivery of notice to remedy the cited violation, unless it presents an imminent threat to public health or safety.

3.

In the event that the cited violation is not remedied within the time specified by the notice, the City shall be authorized to apply all or any part of the Abatement Fund to the remedy of the cited violation.

C.

Interest and Accounting. The Abatement Fund shall be maintained in an account determined by the City. Interest, if any, earned on such Abatement Fund deposit shall accrue to such account or fund for use in the same manner and purpose as the Abatement Fund.

D.

Balance Required. The operator shall maintain a balance of $2,000.00 in the Abatement Fund at all times.

E.

Relationship to Other Remedies. Nothing in this section shall prevent or preclude the City from pursuing any other remedy or right to enforcement or abatement of violations or nuisances resulting from the operation of a waste transfer station.

Editor's note— Ord. 2021-O-13 § 49, adopted Sept. 7, 2021, repealed § 12-15-301, which pertained to Code enforcement procedures and derived from the 2010 Land Development Code.

A.

Generally. The Code Enforcement Procedures are intended to achieve compliance without judicial proceedings or corrective action being taken by the City directly. The immediate orders, permit holds, and judicial remedies of this Section are available to the City to enforce this LDC where the Code Enforcement Procedures result in referral to the Director, Chief Building Official, or Floodplain Administrator, or where the Director, Chief Building Official or Floodplain Administrator identify a violation that would otherwise be referred to them by the Code Enforcement Officer.

B.

Cease and Desist Orders. The Director may issue a cease and desist order to close unlawful uses or to halt a violation of this LDC for which other remedies under this Article are inadequate.

C.

Removal of Signs. The Director may remove (or cause to be removed) signs that are placed in violation of Section 12-6-302, Prohibited Sign Locations.

D.

Permit Actions.

1.

Permit Holds. The Director 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 Director certifies that violations are corrected, or until the 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 Director may order that building permits be withheld until the plat is approved and recorded.

2.

Temporary Revocation of Permits, Generally.

a.

The Director may revoke permits for a period of not more than 21 days in order to:

i.

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

ii.

Prevent irreparable harm if activities purportedly authorized by the permit were to continue; or

iii.

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

iv.

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

b.

If the Director temporarily revokes a permit, the Director shall immediately notify the City Attorney, who may seek a court order in municipal court or other court of appropriate jurisdiction permanently revoking the permit if compliance is not achieved within 21 days. The City Attorney may request a temporary injunction to extend the temporary revocation of the permit in order to avoid irreparable harm.

3.

Temporary or Permanent Revocation of Floodplain Permits. Whenever the Floodplain Administrator determines that a violation of Division 7-3, Floodplain Management and Flood Damage Prevention, has occurred, may occur, or is threatened, the Floodplain Administrator shall be responsible for placing a temporary or permanent hold on further development orders or permits, approvals and actions (including building permits, rezoning actions, subdivision actions, grading permits, and the like) to the extent necessary to prevent or remedy the violation, and for notifying affected City departments of this action. The hold shall remain in place until the property owner complies with the requirements of Division 7-3, Floodplain Management and Flood Damage Prevention.

4.

Permanent Revocation of Permits. Development orders or permits may be revoked permanently if the municipal court or other court of appropriate jurisdiction finds a failure to correct a violation that resulted in a temporary revocation of the permit; or if there was fraud or material misrepresentation in the application materials that supported the issuance of the permit.

E.

Land Use Process Holds. The Director may direct City departments that are responsible for the issuance of land use approvals related to, including, but not limited to concept plans, plats, planned unit developments, regulating plans, rezonings, sign design programs, site plans, variances, or vacation of easements until the Director certifies that violations are corrected, voluntary compliance has been agreed to, or until the municipal court or other court of appropriate jurisdiction orders that the hold be lifted. For example, if a property owner fails to remedy a code violation, the Director may order that a Land Use Process be put on hold until the code violation is resolved.

F.

Stop Work Orders. The City shall have the authority to stop any or all construction activities as deemed necessary by issuing a written stop work order. Stop work orders may be issued for:

1.

A violation of any condition of the public improvement agreement (or subdivision improvement agreement) or the approved construction drawings or specifications;

2.

Any violation of any provision of this LDC;

3.

Any violation of any other ordinance of the City, state law, or federal law pertaining to the work associated with public improvements; or

4.

The existence of any condition or the occurrence of any act which may constitute endangering health, life, safety or damage to property.

G.

Fines and Restitution. The municipal court may order fines to be paid in an amount not to exceed the maximum fine amount set forth in Section 1-4-10 of the Municipal Code per violation. Such court may also order restitution to the City for the expenses of enforcement and/or immediate actions to bring property into compliance with this LDC.

H.

Administrative Citation. The City has the authority to issue administrative citations and assess administrative penalties pursuant to Article 9 of Chapter 2 of the Municipal Code.

I.

Judicial Relief.

1.

In addition to any other remedies provided by this LDC or State or Federal law, the City, through the City Attorney, may initiate legal action in municipal court or other court of appropriate jurisdiction to enjoin, prevent, abate, or remove uses, maintenance activities (or lack thereof), erection of buildings, structures, or signs, or other construction, reconstruction, or alterations that are in violation of this LDC. The City also has the authority to enforce any violation of this LDC through an abatement action in the municipal court pursuant to Division 4 of Article 3 of Chapter 2 of the Centennial Municipal Code. In any court proceeding in which the City seeks a preliminary injunction, it shall be presumed that a violation of this LDC is a real, immediate and irreparable injury to the public; that the public will be irreparably injured by the continuation of the LDC violation unless the violation is enjoined; and that there is no plain or adequate remedy at law for the violation.

2.

The City Attorney shall take whatever legal action is deemed appropriate for the abatement or removal of any violation of this LDC, in the manner provided for by law, and shall take other steps and shall apply to the municipal court or such other court as may have jurisdiction to grant such relief as will abate and remove such use, building or structure and restrain and enjoin such persons maintaining or using any such building or structure or using property contrary to the provisions of this LDC.

(Ord. 2021-O-13 §50; Ord. 2025-O-06 §27)

A.

Generally. Certain land uses and approval types are subject to additional or alternative enforcement provisions. This Section provides enforcement procedures and remedies for unlawful transfers of title to unplatted land; unlawful development or development activities in areas of state interest; waste transfer stations; and hazardous waste disposal sites.

B.

Subdivision Plats.

1.

Unlawful Transfers of Title.

a.

Any subdivider, or agent of a subdivider, who transfers legal or equitable title or sells any subdivided land before a final plat for such subdivided land has been approved by the City Council and recorded or filed in the office of the County Clerk and Recorder is guilty of a minor offense and, upon conviction thereof, shall be punished by a fine in a minimum amount of five hundred dollars and a maximum amount not to exceed the maximum fine amount set forth in Section 1-4-10 of the Municipal Code for each parcel of or interest in subdivided land which is sold. However, no person shall be prosecuted, tried, or punished under this paragraph unless the action for the same is instituted prior to the expiration of eighteen months after the recordation or filing in the office of the County Clerk and Recorder of the instrument transferring or selling such subdivided land.

b.

The City Council, by and through the City Attorney, shall have the power to bring an action in Municipal Court or such other court having appropriate jurisdiction to enjoin any subdivider from selling land before a plat for such land has been approved pursuant to this LDC.

c.

The remedies provided in Section 12-15-302 shall also be available to address violations under this subsection.

2.

Areas and Activities of State Interest. The City Council shall have the power to bring action to enjoin any subdivider or developer from engaging in development activities or development in areas which have been identified as special pursuant to Article 65.1 of Title 24 C.R.S. as amended (H.B. 1041-1974) until a plat, including any extraordinary required evidence or procedures for such specific areas or activities as prescribed in this LDC, has been approved.

C.

Waste Transfer Stations. The enforcement provisions of this subsection apply when an operator of a waste transfer station fails to comply with a condition of approval (including, but not limited to, the provisions of the approved truck routing plan), fails to comply with the applicable requirements of Section 12-2-412, Waste Transfer Stations and Recycling Centers, fails to replenish the violation abatement fund upon demand by the City (see Section 12-15-202, Violation Abatement Fund), or fails to comply with applicable State or Federal law.

1.

Notwithstanding any other provision of this Article, violations shall be corrected within 24-hours notice from the City. If the violation is not corrected, the Director may take immediate action to correct the violation using the violation abatement fund, and the City Attorney may file an enforcement action in a court of appropriate jurisdiction.

2.

Upon finding a violation occurred, the court shall impose the following minimum penalty, unless the City requests or consents to a lesser or different penalty:

a.

Enjoin or otherwise order the defendant to fully abate and remedy the violation within a specified and reasonable period of time not to exceed 10 days following the entry of the court's order; and

b.

Fine the operator for each violation an amount not less than $500 nor more than the maximum fine amount set forth in Section 1-4-10 of the Municipal Code for the first violation, not less than $700 nor more than the maximum fine amount set forth in Section 1-4-10 of the Municipal Code for the second violation, and not less than $900 nor more than the maximum fine amount set forth in Section 1-4-10 of the Municipal Code for the third and for each subsequent violation. No portion of any minimum fine may be suspended or held in abeyance by the court; and

c.

Order the operator to forthwith pay restitution to the City for the actual costs or loss caused to the City by the violation(s), including, but not limited to, administrative expenses, costs to protect the public from the violation, court costs, and attorney fees.

D.

Disposal Sites. The City Council, after reasonable notice and public hearing, shall temporarily suspend or revoke a certificate of designation for a disposal facility for failure of the site and facility to comply with all applicable laws, resolutions, and ordinances, or to comply with the applicable provisions of the certificate of designation, State law, or any rule or regulation adopted pursuant thereto.

E.

Hazardous Waste Disposal Sites.

1.

The City may revoke or suspend a certificate of designation of any hazardous waste disposal site if it finds that:

a.

There was a material misrepresentation or misstatement of fact in the application for the certificate of designation;

b.

The hazardous waste disposal site is not being operated in substantial compliance with any term, condition, or limitation of its certificate of designation or any applicable rule or regulation adopted pursuant to the applicable Colorado Statutes; or

c.

The owner or operator of the site has failed to pay the annual fee to the City as required by Section 25-15-214(1), Colorado Revised Statutes.

2.

The revocation or suspension of a certificate of designation shall not relieve the owner or operator of the hazardous waste disposal site from any legal liability.

A.

Authorized inspector. The Director shall have the power and authority to appoint and authorize a Code Enforcement Officer to inspect and examine any public or private property in the City for the purpose of investigating and ascertaining the nature and existence of any violation of any provision of this LDC.

B.

Right of entry generally. Whenever necessary to inspect to enforce any of the provisions of this Chapter, or whenever an authorized inspector has reasonable cause to believe that there exists in any building or structure or upon any property any condition which constitutes a violation of this LDC, such inspector may enter such building, structure or property at all reasonable times to inspect the same or to perform any lawful duty. If such building, structure, or property is unoccupied, the inspector shall first make reasonable effort to locate the owner or occupant or other person or persons having charge or control of the building, structure, or property. Upon locating the owner or occupants, the inspector shall present proper credentials and request entry. If entry is refused, the inspector shall give the owner or occupant, or, if the owner or occupant cannot be located after a reasonable effort, leave at the building, structure, or property a written notice of intention to inspect not sooner than twenty-four (24) hours after the time specified in the notice. The notice given to the owner or occupant or left on the property shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by the Municipal Judge or by a judge of any other court having jurisdiction.

C.

Search warrants. After the expiration of the 24-hour period from the giving or leaving of such notice, the authorized inspector may appear before the Municipal Court and, upon showing of probable cause by written affidavit, shall obtain a search warrant entitling the inspector to enter the building or structure or upon the property. Upon presentation of the search warrant and proper credentials, or possession of the same in the case of an unoccupied building or property, the authorized inspector may enter into the building, structure or enter upon the property using such reasonable force as may be necessary to gain entry.

D.

Probable cause. The person applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular building, structure or property at issue in order to obtain a search warrant, but must show some objective facts, or circumstances, which are reasonably trustworthy, that would cause an ordinary prudent person to act. It is unlawful for any owner or occupant of the building, structure or property to deny entry to any authorized inspector or to resist reasonable force used by an authorized inspector acting pursuant to this Section.

E.

Emergencies.

1.

Whenever an emergency situation or exigent circumstances exists in relation to the enforcement of any of the provisions of this Article, an authorized inspector, upon a presentation of proper credentials or identification in the case of an occupied building, structure, or property, may enter into any building, structure or upon any property.

2.

In an emergency situation or exigent circumstance, an authorized inspector may use such reasonable force as may be necessary to gain entry into the building or upon the premises.

3.

For purposes of this subsection, the term "emergency situation" or "exigent circumstance" includes any situation that would cause a reasonable person to believe that prompt action is necessary:

a.

To respond to an imminent danger of loss of, or serious injury or damage to, life, limb or property; or

b.

To prevent imminent destruction of evidence.

F.

Search warrants issued upon showing of probable cause. The Municipal Judge shall have power to issue search warrants upon a showing of probable cause as set forth in this Section.

(Ord. 2024-O-05 §35)