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Dacono City Zoning Code

ARTICLE 19

Enforcement

Sec. 16-460.- Official.

Except as may be authorized by Section 2-300(b), the provisions of this Chapter shall be administered and enforced by the Building Official and as provided in this Article.

(Prior code 17.64.010; Ord. No. 819, § 12, 9-26-2016)

Sec. 16-461. - Right of entry.

(a)

Whenever necessary to make an inspection to enforce any of the provisions of this Chapter in the interest of the public welfare or safety, or whenever the Building Official or the Building Official's authorized representative has reasonable cause to believe that there exists in any building or upon any premises any use, occupancy or condition in violation of this Chapter, the Building Official or the Building Official's authorized representative shall have the right and may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Chapter, provided that if such building or premises be occupied, the Building Official shall first present proper credentials and request entry; and if such building or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official may, with the consent of the current City Council, pursue any lawful remedy to secure such entry.

(b)

When the Building Official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this Chapter.

(c)

Whenever necessary, the Building Official may, with the prior consent of the City Council, obtain inspection warrants from the municipal court according to the procedures set forth in the Colorado Municipal Court Rules of Procedure 241. This Section shall not be construed to require the issuance of a warrant for any emergency inspection.

(Prior code 17.64.020; Ord. 461 §1, 1995)

Sec. 16-462. - Stop orders.

Whenever any building work is being done contrary to the provisions of this Chapter, the Building Official may order the work stopped by notice in writing served on any person, firm or corporation engaged in doing or causing such work to be done. Any such person, firm or corporation shall forthwith stop such work until authorized by the Building Official to resume work.

(Prior code 17.64.030)

Sec. 16-463. - Violation - remedies.

(a)

The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained, contrary to any provisions of this Chapter, are declared to be a violation of this Chapter and unlawful.

(b)

The City Attorney, Building Official or any property owner who may be especially damaged by any violation of this Chapter may, upon any such violation having been called to either of their attention, institute injunction, abatement or any appropriate action to prevent, enjoin, abate or remove such violation.

(c)

The remedy provided for in this Section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(Prior code 17.64.040)