No structure or land shall be constructed, located, extended, converted, or altered without full compliance with the terms of this Article and other applicable regulations. Violation of this Code or enforcement of the LUC regulations shall result in penalties and remedies as set forth in this Article.

(Ord. No. 751, § 1, 11-13-2019)

The following are violations of this LUC. Each day that a violation is permitted to exist shall constitute a separate offense:

(1)

Activities inconsistent with Code. Erect, construct, reconstruct, remodel, alter, maintain, expand, move, or use any building, structure, or sign, or to engage in development of any land in contravention of any zoning or other regulation of this ordinance, including all required approvals.

(2)

Activities inconsistent with approval or permit. Engage in any development, use, construction, remodeling, or other activity that is inconsistent with the terms and conditions of any permit or approval.

(3)

Making lots or setbacks nonconforming. Reduce the lot area, setbacks, or open space below the minimum required by this LUC.

(4)

Increasing intensity of use. Increase the intensity of use of any land or structure beyond that permitted by right or approved through the procedures of this LUC.

(5)

Subdivision sale prior to approval. Transfers, sale, agreement to sell, or negotiation to sell any part of a subdivision before the plat has been approved by the Board of Trustees and recorded or filed in the office of the County Clerk.

(6)

Expand nonconformities. Create, expand, replace, or change a nonconforming use, structure, lot, or sign except in compliance with this LUC; or failure to remove or discontinue a nonconformity beyond the specified amortization period.

(7)

Misrepresentation. Obtaining any permit or approval listed in Article 19 through misrepresentation, the use of misleading documents or testimony, or the withholding of information known to the applicant, that might lead the decision-making body to conclude that the application was not consistent with the applicable standards or criteria for such development under this ordinance.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

A person who violates or fails to comply with any of the provisions of this Land Use Code may be issued a citation to appear in Mancos Municipal Court, or may be subject to any other remedy, enforcement procedure, abatement, and assessment, or administrative enforcement action as provided by Chapter 19 of the Mancos Municipal Code.

(1)

Complaint. Any person aggrieved by a violation of the provisions of this LUC may file a written complaint with the Zoning Administrator, who shall investigate such complaint and take the appropriate action to have the violation penalized or removed, if such violation is found to exist.

(2)

Inspections. To enforce the terms and provisions of this ordinance, the Zoning Administrator or their designee shall:

a.

Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this ordinance; and

b.

Receive from any person complaints alleging, with particularity, a violation of this ordinance and investigate such complaints.

(3)

Notification. On determination that there has been a violation of this LUC, the Zoning Administrator shall serve written legal notice of the violation in the following manner:

a.

List the violations, referring to the specific violated section of the LUC;

b.

Specify a time for compliance with relevant Land Use Code provisions thirty (30) days from the service of the notice; and

c.

Serve the notice on the responsible party in person or by certified mail to his last known mailing address, residence, or place of business.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Any person who violates or fails to comply with the provisions of this LUC may be issued a citation to appear in Mancos Municipal Court, or may be subject to any other remedy, enforcement procedure, abatement, and assessment, or Chapter 19, Administrative Enforcement as provided by the Mancos Municipal Code.

(b)

Penalties for violations of the LUC are cumulative of other remedies provided by state law as provided in Section 31-23-216.5 or 31-23-308, C.R.S., and the power of injunction may be exercised in enforcing this LUC, in addition to all other remedies.

(c)

Liability: The owner of a noncompliant lot, use, structure, sign, fence, lighting fixture, or similar is responsible for all costs and any other liability resulting from failure to comply with this Chapter.

(d)

Money penalties.

(1)

Violations may be punishable by a penalty of up to four hundred ninety-nine dollars ($499.00) per violation, where each day of a continuing violation may be considered a separate violation.

(2)

Violations shall be considered civil infractions and shall not be considered a criminal offense. Violations are not punishable by jail or imprisonment. Any person who violates this Code shall not have the right to a jury trial.

(e)

Revocation: The Town may revoke any zoning development permit upon thirty (30) days' notice to the developer and after the opportunity for a hearing and determination of noncompliance.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)