The provisions of this Chapter shall be held to be the minimum requirements adopted for the promotion and protection of the public health, safety and welfare. Whenever the requirements of this Chapter are at variance with the requirements of any other code, rules, regulation or ordinance adopted by the Town, the more restrictive or that imposing the higher standards shall govern.

(Prior code 15-2-28)

(a)

Offense. Any person who violates any of the provisions of this Chapter shall be fined an amount not to exceed one thousand dollars ($1,000.00) for each offense. Each day that such violation continues to exist shall be deemed a separate offense.

(b)

Actions. The erection, construction, alteration, enlargement, conversion, moving or maintenance of any building, and the use of any land, building or structure, which activity or use is continued, operated or maintained contrary to any provision of this Chapter, shall be unlawful. The Town may institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violation. Such action may also be maintained and instituted by any property owner who is damaged by a violation of this Article.

(c)

Remedies. The remedies herein provided shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(Prior code 15-2-29; Ord. 22 §23, 1992)

(a)

Without limiting any other rights that the Town may have under this Chapter, the same to continue in full force and effect, whenever the Building and Zoning Director determines that a property owner is in violation of any term or condition of any Agreement for Land Use Conditions and Restrictive Covenants as described in Section 16-9-70, it shall notify the property owner of the violation in writing and shall order the necessary cure for such violation to be completed within the time period prescribed in the agreement, if any. The issuance of such an order shall in no way or manner be deemed a prerequisite to the institution of enforcement proceedings as described in the agreement or elsewhere in this Chapter. Compliance with such order shall not be deemed to be a defense to any alleged violation of this or other applicable regulations in any court action instituted seeking full compliance therewith.

(b)

Any aggrieved person subject to a notice of violation, order or decision issued by the Building and Zoning Director pursuant to the Director's powers and duties as provided for in this Chapter may appeal such notice of violation, order or decision to the Town Manager within ten (10) days from the date of the action complained of.

1.

A notice of appeal shall be filed with the Town Manager and shall describe with reasonable certainty the action of the Building and Zoning Director complained of along with the appellant's name, address and telephone number. The notice of appeal shall be accompanied by any fee required.

2.

Upon receipt of a notice of appeal the Town Manager or its designee shall convene a public meeting on the matter within fourteen (14) days, or as soon thereafter as can be reasonably be accommodated.

3.

The proper and timely filing of a notice of appeal will temporarily stay the subject notice of violation, order or decision of the Building and Zoning Director pending the outcome of the appeal before the Town Manager unless the Director verifies in writing to the Town Manager that a stay will pose an immediate threat to the safety of persons or property or defeat the purpose of the notice of violation, order or decision in the first instance, in which event a stay shall not enter.

4.

The Town Manager or its designee shall hear an appeal at a public meeting with prior written notice to the appellant. The burden shall be on the appellant to demonstrate that the action of the Building and Zoning Director was in error, unjustified, or otherwise not in accordance with the terms of the Agreement and this Chapter. An unexcused failure on the part of the appellant to appear at the appeal hearing shall result in the affirmance of the Director's action.

5.

The Town Manager shall enter a written decision on all appeals no later than thirty (30) days from the conclusion of the appeal hearing. The Town Manager may reverse, affirm or modify the notice of violation, order or decision of the Building and Zoning Director and shall have all powers as vested in the Director to impose reasonable conditions to be complied with by the appellant as part of its decision. A copy of the Town Manager's decision shall be hand-delivered or sent by certified mail to the appellant.

6.

Decisions of the Town Manager shall be final, subject only to judicial review by a court of competent jurisdiction in accordance with the Colorado Rules of Civil Procedure.

(Ord. 9, § 2, 2015)