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Gunnison City Zoning Code

CHAPTER 21

ENFORCEMENT

Section 2101 Purpose

This Chapter establishes procedures, remedies, and penalties for violations of the City’s Land Use Ordinances, including this Ordinance.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010
Amended by Ord. 2024-12 on 11/21/2024

Section 2102 Enforcement

The City, or any adversely affected owner of real estate within the City, in which violations of this Ordinance occur, or are about to occur may, in addition to other remedies provided by law, institute:

  1. Injunctions, Mandamus, Abatement, or any other appropriate actions; or
  2. Proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
  3. The City may also enforce this Ordinance, or other City Land Use Ordinances, by withholding building permits, where permitted by the Act.
HISTORY
Adopted by Ord. 2010-2 on 11/17/2010
Amended by Ord. 2024-12 on 11/21/2024

Section 2103 Types Of Violations

It shall be unlawful for any person to violate any provision of this Ordinance, cause the violation of any provision of this Ordinance, or fail or refuse to do some act required under this Ordinance, including:

  1. To engage in any development, use, construction, remodeling, or other activity of any nature upon the land and improvements without required Land Use Application approvals.
  2. To engage in any development, use, construction, remodeling, or other activity that is contrary to the terms and conditions of any Land Use Application approval.
  3. To violate, by act or omission, any lawful requirement or condition imposed by the Land Use Authority, as applicable, upon a required Land Use Application approval.
  4. To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building or structure, or to use any land in violation of this Ordinance, the Building Codes, or other City Land Use Ordinances, as applicable.
  5. To reduce or diminish any lot or parcel area so that minimum area, setbacks or open spaces shall be smaller than prescribed by this Ordinance, or other City Land Use Ordinances, or required for Land Use Application approval or Subdivision Application approval.
  6. To increase the density or intensity of use of any land or structure without the necessary Land Use Application approval.
  7. To remove, deface, obscure, or otherwise interfere with any notice required by this Ordinance, or other City Land Use Ordinances.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 2104 Continuing Violations

Each day a violation of this Ordinance occurs, it shall constitute a separate offense.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 2105 Legal Nonconformity An Affirmative Defense

It shall be an affirmative defense to the enforcement of this Ordinance that the violation being enforced exists as a legal nonconforming use, legal noncomplying structure or other legal nonconformity of this Ordinance.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 2106 Revocation Of Land Use Application Approvals

  1. A Land Use Authority may revoke a Land Use Application approval if it is determined that the application was based on inaccurate, misleading, or incomplete information provided by the Applicant.
  2. A Land Use Application approved may be revoked by the Land Use Authority if any of the requirements, terms or conditions of approval are not met, or if the permit is used to violate any law or Ordinance.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 2107 Procedures For Revocation Or Modification Of A Land Use Application Approval

The Zoning Administrator or City Recorder shall notify the Applicant by certified mail of any Land Use Application approval violation. If no attempt to correct the violation is made within ten (10) calendar days after notification, the Land Use Application may be revoked by the Land Use Authority and considered null and void. A Land Use Application approval may be revoked by the Land Use Authority, if the Land Use Authority finds that one or more of the following exist:

  1. The Land Use Application approval was obtained in a fraudulent manner.
  2. One or more of the requirements, terms or conditions of the Land Use Application approval has not been met.
  3. A Land Use Authority may modify the requirements, terms, or conditions of a Land Use Application approval if the Land Use Authority finds that the use is creating a nuisance.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 2108 Stop Work

In accordance with its power to stop work under the Building Code, as adopted, the Building Official may issue a stop work order, with or without revoking permits, on any building or structure on land where there exists an uncorrected violation of the Building Code.

The City Engineer, or other city-authorized engineering firm, is authorized to issue a stop work order on any development activity, that is or may be in violation of city adopted ordinances, construction standards, or approved construction plans, or which is hazardous or detrimental to city residents or public infrastructure systems.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010
Amended by Ord. 2024-12 on 11/21/2024

Section 2109 Penalties For Violations

A violation of any of the provisions of this Ordinance is punishable as a Class C misdemeanor upon conviction either:

  1. As a Class C misdemeanor; or
  2. By imposing the appropriate civil penalty.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 2110 Civil Penalties

The Council hereby establishes civil penalties for violations of any of the provisions of this Ordinance as follows:

  1. Twenty-five dollars ($25.00) per day for the first violation.
  2. Fifty dollars ($50.00) per day for the second and further violations.
  3. Each day a violation occurs shall be considered a separate violation.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 2112 Appeal

Any person aggrieved by an enforcement decision of a Land Use Authority may appeal the decision to the Appeal Authority as identified by Chapter 13.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

2010-2

2024-12