Provisions of these regulations shall be enforced by the Town Manager, Town Attorney, and any other Town official designated by the Kersey Board of Trustees pursuant to their authority granted by Colorado law.

If (a) any person is determined to have violated this Code, (b) the violation is not cured within the time required by 24-16 (d) Response, (c) the Town decides to pursue criminal enforcement, and (d) the person is convicted of a criminal violation of this Code, the following provisions shall apply.

All violations of zoning regulations and other provisions of this Code may be enforced through the use of any and all powers available to Town pursuant to Colorado law, including but not limited to those power granted by C.R.S. Title 31, Article 16 and C.R.S. 31-23-308, as amended.

Violations of this Code on property in the Planned Unit Development zoning overlay district may be enforced through those powers granted in C.R.S. 24-67-101, et seq., the Planned Unit Development Act, or through general zoning and subdivision enforcement powers, at the Town's option.

The provisions of this Code related to the division of land may be enforced through the use of any and all powers available to Town pursuant to Colorado law, including but not limited to those powers granted by C.R.S. 31-23-216 and 216.5.

Any provisions of this Code related to the division of land may be enforced through the use of any and all powers available to Town pursuant to Colorado law, including but not limited to those powers granted by C.R.S. 24-65.1-501.

It is a violation of this Land Use Code to use real property or improvements on such property; to develop real property; to erect, construct, reconstruct, remodel, restore, or improve a building or structure; to move buildings onto a site; to excavate or fill land; or to alter or change the use of any real property or improvements on such property in any way that does not comply with the requirements of this Code, including without limitation any requirements to obtain a permit or approval required by this Code. The content of Section 24-6 through Section 24-10 below supplement but do not limit the generality of the previous sentence.

It is a violation of this ordinance to fail to obtain any local, state, or federal license or permit required to conduct the activity being conducted on the property, as required by Section 21-4 (d), Required Governmental Approvals, Licenses, Permits, and Operational Rules, or to maintain any required license or permit in good standing at all times that the activity is in operation.

(a)

It is a violation of this Code to use real property or the improvements on such property to erect, construct, reconstruct, remodel, or improve any building or structure; to move buildings onto a site; or to alter or change the use of any real property or the improvements on such property without first obtaining all approvals required under this Code and a building permit as required by the Town building code.

(b)

The Town Manager will not approve the issuance of a building permit unless the plans for the proposed use, development, erection, construction, reconstruction, remodel, restoration, improvement, alteration, or change conform to the requirements of this Code.

It is a violation of this Code to use real property or the improvements on such property to develop real property to erect, construct, reconstruct, remodel, restore, or improve a building or structure; to excavate or fill land; or to alter or change the use of any real property or improvements that are inconsistent with the terms and conditions of any permit or approval granted under this Code.

It is a violation of this Code to divide or redivide land or to sell or transfer land with reference to a metes and bounds or other type of boundary description without first obtaining Town approval of a subdivision exemption map, a minor subdivision plat, or a major subdivision plat, as applicable, and recording such plat with the Weld County Clerk and Recorder as required by this Code, unless such division is exempt from the requirement to comply with applicable subdivision standards pursuant to Chapter 22, Division 2 Specific Procedures for Division of Land.

(a)

It is a violation of this Code to commence construction of roads or other improvements until a construction permit is issued by the Town Engineer after final approval by the Board of Trustees and all post-approval requirements are met

(b)

It is a violation of this Code to construct a road or access serving two or more lots or a use serving the public without first obtaining Town approval.

It is a violation of this Code to submit to the Town application materials that contain inaccurate or misleading information or application materials, including without limitation inaccurate or misleading information regarding the condition of the project site or adjacent properties or improvements, or the location, size, or nature of a proposed building or improvement, or the intended use of any portion of the land included in the application, or to otherwise obtain a permit or approval under this Code through the submission of inaccurate or misleading materials related to the project.

Each day a violation occurs or remains uncorrected constitutes a separate violation.

In the event an applicant or property owner desires to cure a violation of this Code, the Town Manager shall determine the actions needed to cure the violation by applying the same criteria, standards, and requirements that are required for a new application for the proposed activity in the zoning district where the property is located, without regard to fact or amount of past investment in an illegal use.

Upon a complaint made or filed by a member of the public or by a Town official or employee, the Town Manager shall verify whether a violation of this Code has, in fact, occurred.

(a)

The Town Manager is empowered to inspect and examine any building, other structure, or parcel or other area of land where there is reasonable cause to believe that a use exists or that construction, reconstruction, alteration, or maintenance is being performed or has been performed in violation of this Land Use Code. In addition to other situations authorized by applicable law, the Town Manager shall be authorized to enter property without prior application to or approval by a court in the following circumstances:

(1)

To conduct inspections during regular Town business hours;

(2)

To conduct inspections within the scope of another official document;

(3)

To make observations of the premises in plain view from public property or from portions of the premises that are open or accessible to the public, or in which the owner or occupant otherwise lacks a reasonable expectation of privacy.

(4)

In emergency situations in which the Town Manager has reason to believe that the public health or safety is in imminent danger and could be jeopardized by delay.

(b)

If entry without prior application to or approval by a court is not allowed by subsection (a) or otherwise by Colorado law, the Town Manager shall obtain an administrative entry and seizure warrant from a court of competent jurisdiction pursuant to Colorado law before entering the property.

(a)

Determination. If the Town Manager determines that a violation exists, the Town shall send written notice of a violation of this Land Use Code to the property owner of record, as identified on the tax records.

(b)

Notice.

(1)

Service by Mail. The notice shall be sent by certified mail, return receipt, to both the address in the tax records and the property address, if different.

(c)

Content of Notice. The notice of violation shall contain the following information.

(1)

A list and description of all violations with references to the section or sections of the Code violated.

(2)

An order requiring correction of the violation(s).

(3)

The date by which compliance shall be attained.

(4)

The appeal process, if applicable for the violation(s).

(d)

Response. Unless otherwise provided by these Code or otherwise required by state or federal law, a period of 30 calendar days after the date of notice shall be allowed for response to a notice of violation. In order to avoid further enforcement proceedings by the Town or the imposition of financial penalties under this Code, within such 30-day period:

(1)

The alleged violator shall respond by providing evidence satisfactory to the Town Manager to show that the determination is in error and that a violation of this Code has not occurred;

(2)

The alleged violator shall restore the site, structure or use of the property to compliance with this Code, and shall allow the town/city to inspect the property to confirm compliance; or

(3)

The alleged violator shall obtain approval from the Town for an extension of time to attain compliance, showing good cause for extension, with such extension limited to 60 days unless a longer period is approved due to extenuating circumstances, and shall allow the Town to inspect the property at the end of the extension period to confirm compliance.

If the property has not been brought into compliance with this Code within the time periods, Town may take any or all of the following actions to enforce the provisions of this Code, to the fullest extent permitted by Colorado law.

(a)

Withholding or Suspending Permits and Approvals Under this Code. The Town may withdraw or deny permits or approvals under this Code and may require correction of an uncorrected violation as a condition of granting any future permits or approvals under this Code.

(b)

Withholding Building Permits. The Town shall not issue any building permit unless the proposed erection, construction, reconstruction, alteration or use fully conforms to all provisions of this Code and complies with all other state and local regulations and may suspend any approved building permit if the Town Manager has determined that a violation of this Code has occurred.

(c)

Cease and Desist /Stop Work Orders. The Town may require that the applicant, the property owner, or any other person stop work on any land where there is a violation of this Code by issuing a cease and desist order. All work shall immediately halt upon issuance of such order. If work continues, the unlawful erection, construction, reconstruction, alteration, maintenance or use shall be in violation of this Code.

(d)

Abatement by the Town.

(1)

Authorization for Abatement. If the alleged violator fails to comply with the Town's requirements for abatement of the violation, the Town Manager may request that the Kersey Board of Trustees, at a public meeting, authorize the Town to arrange for abatement of the violation.

(2)

Notice of Public Meeting. At least 14 calendar days prior to the date of the public meeting, the Town Manager shall provide notice of the meeting to the alleged violator by certified mail, return receipt requested to both the address in the tax records and the property address, if different.

(3)

Determination at Public Meeting. At the public meeting, which need not be conducted as a public hearing, the Kersey Board of Trustees shall approve, approve with conditions, or deny the Town Manager's request to have the Town abate the violation.

(4)

Execution of Warrant and Abatement of Violation. Upon authorization by the Kersey Board of Trustees for abatement by the Town, the Town manager shall seek an administrative entry and seizure warrant from a court of competent jurisdiction.

a.

Within 10 calendar days following the date of issuance of an administrative warrant the Town shall abate the violation in accordance with the direction of the court. A copy of the issued warrant shall be provided to the property owner. Proof of the execution of the warrant, including a written inventory of any property impounded by the Town, shall be submitted to the court.

b.

The proposed method of abatement by the Town may be accomplished through the use of Town staff or by contract with a private party.

(5)

Cost of Abatement Billed to Property Owner. A bill for the reasonable costs of abatement plus an inspection fee of five percent of that cost shall be mailed to the property owner of record, at both the address in the tax records and the property address, if different. Payment of the bill shall be due within 60 days of the date of the bill.

(6)

Collection of Unpaid Bill for Cost of Abatement by Town. If the bill is unpaid after 60 calendar days, the Town Manager through the Town Clerk shall certify the bill to the Town Treasurer, who shall collect the assessment together with a 10 percent penalty for the cost of collection, in the same manner as other taxes are collected.

(e)

Judicial Action. At the request of the Kersey Board of Trustees, the Town Attorney may bring either a civil or a criminal (or both) action against the owner of any premises or property on which a violation of this Code is alleged and, following investigation, has been confirmed or is reasonably believed to exist.

(1)

Civil Remedy. Civil remedies against violations of this Code or violation of any agreement with an applicant or property owner issued in conjunction with a permit or approval under this Code, may include injunction, mandamus, specific performance, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove the violation. Fines assessed pursuant to these enforcement provisions may be recovered in the same civil action in which such injunction, mandamus and/or abatement is sought, or separate and district proceedings may be instituted seeking varying forms of relief, as may be allowed by law.

(2)

Criminal Remedy. Upon conviction of a criminal violation of this Code, the violator shall be subject to those penalties stated in Article IV, Criminal Penalties.

If the violation of this Code involves a violation of those standards, criteria, or requirements related to a division of land, the violation may be enforced through any of the powers listed in Section 24-17 or by the Town's exercise of the additional powers listed in this section, or by any power granted in C.R.S. 30-28-100 et. seq., or a combination any of those powers unless prohibited by state law. If there is a conflict between the provisions of this section and the provisions of Section 24-17, the provisions of this section shall apply.

(a)

Conformance with Code Required Before Further Division. Properties that were divided in violation of the Town's land use regulations in effect at the time of such division shall be further subdivided only if the application includes provisions that bring the entire original parcel, including the area previously divided in violation of Town regulations, into compliance with the provisions of this Code.

(b)

Withholding Permits and Approvals. In addition to any other enforcement action specified in this Code, the Town Manager is authorized to withhold or demand withholding the issuance of any permits under this Code sought or requested for property that is determined to have been divided without the required Town approval.

(c)

Action to Enjoin Sale. The Town shall have the power to bring an action in any court of competent jurisdiction to enjoin any subdivider from selling subdivided land if violations of this Code have occurred.

(d)

Action to Compel Enforcement of Related Agreements. The Town shall have the authority to bring an action in any court of competent jurisdiction to compel enforcement of any development agreement related to the sale, conveyance, or transfer of any such subdivided land, and to compel enforcement of any provision of any agreement between the Town and an applicant or property owner related to a division of land. This includes the right to compel rescission of sale, conveyance, or transfer of title of any lot or other subdivided land contrary to the restrictions set forth on the plat or in any separate recorded agreement. No building permit and no other permit or approval under this Code may be issued, and no construction on any such property may be commenced while such an action is pending in court.

(e)

Action for Injunctive Relief. The Town may bring an action for injunctive relief to enforce any plat restriction (including all conditions of approval and obligations contained in any development agreement or other document executed and recorded in conjunction with a minor or major final plat approval and all commitments of record of the subdivider related to the Town 's approval of the final plat), plat note, plat map, or provision of a subdivision improvements agreement, and for damages arising out of failure to adhere to any such plat restriction, plat note, plat map, or provision of a subdivision improvements agreement.

(f)

Criminal Remedy. Upon conviction of a criminal violation of this Code, the violator shall be subject to those penalties stated in Article IV, Criminal Penalties.

(a)

All remedies provided for in this section are cumulative, are not exclusive, and shall be in addition to any other remedies provided by law and may be pursued by the Town singularly or in combination to achieve the most expeditious abatement of violations.

(b)

To the extent that Colorado law may limit the availability of a particular remedy for a particular violation or a part of a violation, such remedy shall remain available for other violations of other parts of the same violation, and all other remedies shall remain available for the same violations or part of a violation.

The enforcement process set forth in this section may be accelerated if the Town Manager or the Town health official or building official makes a written finding that the public health, safety, welfare, or the environment could be endangered by a continuing violation. After such finding is made, the Town's legal team shall take immediate action to end the threat to the public health, safety, welfare, or the environment through, but not limited to, ex-parte restraining orders as authorized under the Colorado rules of civil procedure and/or action by local law enforcement or public safety agencies as deemed necessary.

(a)

General.

(1)

Unless otherwise provided in subsection (b) below, by another provision of this Code, or by Colorado law, any person who violates the provisions of this Code commits a Class 2 petty offense, and upon conviction may be punished by a fine of not more than $2,650 for each separate violation.

(2)

Each day a violation continues after the time for abatement has run, or after the deadline the board specifies for abatement at an appeal hearing, shall be considered a separate violation.

(b)

Sale or Transfer of Property Prior to Required Subdivision Approval. Any person who transfers or sells or offers to sell land before a final plat required by this Code has been approved by the Town and recorded with the Weld County Clerk and Recorder shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500 and not more than $1,000 for each parcel or interest in land that is sold or offered for sale.

(c)

Costs and Expenses of Prosecution. In addition to those amounts stated in subsections (a) and (b), the violator shall be required to pay all costs and expenses related to prosecution of the violation.

(d)

Deposit. All fines collected shall be credited to the general fund of the Town.

Under C.R.S. 31-16-101, as amended, upon arrest for a violation of this Article the arresting officer may either issue a penalty assessment notice and release the person upon its terms or take the person before a judge of the Town court +to determine a period of time during which the person shall remain in Town custody, which shall not exceed 10 days.