(a)

Generally. The Board of Trustees finds that the enforcement of this LUDC is an important public service, and that code enforcement is vital to the protection of the public health, safety, welfare, and quality of life. The purpose of this Article is to encourage prompt compliance with the LUDC.

(b)

Procedures and Remedies are Not Exclusive. Nothing in this Article is intended to limit the remedies that are available to the Town to prevent, cure, or abate violations of this LUDC. This Article shall not be construed to prevent the Town from using any enforcement procedures that are lawful and appropriate, nor shall it be construed as an election of remedies.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. This Article provides the general process for enforcing the LUDC, and the general remedies that are available to the Town. However, as provided in Section 9-7-101, Purpose of Article, the Town may take any lawful action to remedy violations of this LUDC, including seeking any remedy or imposing any penalty that is available under this LUDC, Colorado law or administrative rules promulgated thereunder, or Federal law.

(b)

Enforcement of LUDC, Generally.

(1)

Division 7-2, Enforcement Procedures, sets out:

a.

A general procedure for code enforcement by Town Staff; and

b.

Additional actions that may be taken by the Administrator.

(2)

In addition to the enforcement provisions of this Article, specific conditions of development approval or improvements agreements may provide additional or alternative enforcement procedures or remedies.

(c)

Remedies.Division 7-3, Remedies, provides a non-exclusive list of defenses and potential consequences of enforcement when a person is found to have violated this LUDC.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. In the event of the failure of the owner, an adult tenant, or an adult person in possession of any real property in the Town to comply with the provisions of this Chapter, the Town shall serve a written notice of violation ("NOV") upon the property owner whose property is being kept contrary to the provisions of this Chapter.

(b)

Contents of Notice of Violation. The NOV shall include, at a minimum:

(1)

The address of the property where the violation is alleged.

(2)

Specific reference to the Section(s) of this LUDC or to conditions of a development approval that are alleged to have been violated.

(3)

If necessary, a statement of the action that must be taken to bring the property or use into compliance with this LUDC.

(4)

A time frame, not to exceed 28 days, for bringing the property or use into compliance with this LUDC. An extension may be granted by the Administrator as long as the property owner is diligently working towards a resolution.

(5)

A statement that if the violation is not corrected within a specified period of time, the prosecution for the violation may be initiated subsequently by the issuance of a summons and compliant.

(6)

Town contact information for questions about the warning.

(c)

Time for Correction.

(1)

The length of time for correction of the violation shall be a reasonable period of time, depending on the facts and circumstances of the violation, but shall be not less than seven days nor more than 28 days after service of the NOV.

(2)

The length of them for correction of the violation shall take into account the action that must be taken by the property owner to bring the property into compliance with this Chapter, as well as the detriment to the neighborhood and surrounding properties, if any, from continuing non-compliance.

(d)

Service of Notice of Violation.

(1)

Service shall be made by certified mail, a copy of the notice to the property owner at his/her last known address, as designated in the records of the county assessor, in which case service shall be deemed complete at noon the fifth business day after mailing.

(2)

Subject to the limitations of Subsection (f), below, warnings are the preferred method of assuring compliance with this LUDC.

(e)

Limitations. The Administrator may recommend immediate prosecution by service of a summons and complaint without first issuing a Notice of Violation under this Section if:

(1)

During the previous 24 months, the property owner has been warned of, cited for, or summoned to court for the same violation; or

(2)

The Administrator determines that the violation is likely to create an imminent hazard to life or property.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. As provided in this Section, the Administrator may issue immediate orders or take other immediate actions as necessary to halt violations of this LUDC, to prevent activities from violating or exacerbating violations of this LUDC, or to remedy violations of this LUDC.

(b)

Cease and Desist Orders. The Administratormay issue a cease and desist order to close unlawful uses or to halt other violations of this LUDC for which the Administrator determines that other available procedures and remedies under this Article are inadequate.

(c)

Stop Work Orders.

(1)

The Administrator shall have the authority to stop any or all construction activities as deemed necessary to halt, correct, or prevent an imminent violation of this LUDC by issuing a written stop work order to the owner, contractor, permittee, or operator.

(2)

If the appropriate permittee or operator cannot be located, the stop work order shall be posted in a conspicuous place upon the area where the activity is occurring. The notice shall not be removed until the violation has been cured or authorization to remove the notice has been issued by the Administrator.

(3)

Such permittee or operator shall immediately stop all activity until authorized, in writing, by the Administrator to proceed. It is unlawful for any permittee or operator to fail to comply with a stop work order.

(4)

Stop work orders may be issued for:

a.

Construction work for which a required development approval or permit has not been issued;

b.

A violation of any condition of development approval, development agreement, stormwater management plan, or other plan required by this LUDC;

c.

Material departure from approved construction drawings or specifications;

d.

A violation of this LUDC;

e.

A violation of any other ordinance of the Town, State law, or Federal law pertaining to the development; or

f.

The existence of any condition or the occurrence of any act which endangers health, life, or safety, or creates a high potential for damage to property.

(d)

Permit Actions.

(1)

Permit Holds. The Administrator may hold further permits until the violations are corrected, or until the Board of Trustees or court of appropriate jurisdiction orders that the hold be lifted (for example, if an owner fails to plat property where a plat is required, the Administrator may order that building permits be withheld until the plat is approved and recorded).

(2)

Temporary Suspension of Permits, Generally.

a.

The Administrator may suspend permits for a period of not more than 21 days in order to:

i.

Address an imminent danger to public health, public safety, or public or private property;

ii.

Prevent irreparable harm that is otherwise likely to occur if the activities that are the basis for the temporary revocation were to continue;

iii.

Achieve compliance with conditions of approval, or with limited or conditional use standards, if applicable; or

iv.

Ensure that construction proceeds according to approved plans and applicable laws.

b.

The Town and its attorney may seek a court order in a court of appropriate jurisdiction permanently revoking the permit if compliance is not achieved within 21 days. The Town and its attorney may request a temporary injunction to extend the temporary suspension of the permit in order to avoid irreparable harm.

(e)

Removal of Temporary Signs. The Administrator may immediately remove (or cause to be removed) temporary signs that are placed in violation Division 3-5, Signs.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. The Administrator may issue a citation for violation of this LUDC. The recipient of a citation shall correct the violations that are alleged and pay any applicable fines or restitution to the Town within 28 days of the date of the citation.

(b)

Relationship to Other Enforcement Procedures. Enforcement actions are intended to be cumulative in nature. The Town may pursue any and all lawful remedies, separately or concurrently, to effect compliance with an issued citation, including issuance of immediate orders and prosecution of violations as criminal offenses. If a recipient of a citation does not take timely action required by the citation and does not timely request administrative review pursuant to this Section, then the Town may proceed to enforce the citation in a court of appropriate jurisdiction.

(c)

Contents of Citation. Citations shall include at least the following information:

(1)

The address or location of the property where the violation is alleged.

(2)

Specific reference to the Section(s) of this LUDC or to conditions of a development approval that are alleged to have been violated.

(3)

If necessary, a statement of the action that must be taken to bring the property or use into compliance with this LUDC and a time frame, not to exceed 28 days, for achieving compliance with this LUDC.

(4)

The amount of any fine that is assessed as a result of the violation.

(5)

A statement that if the requirements of the citation are not met within the stated time frame, the party cited may be compelled to appear in a court of appropriate jurisdiction.

(6)

A statement that the cited party may challenge the citation within 14 days of the date of the citation by written request for a hearing in a court of appropriate jurisdiction.

(d)

Collection of Fines. A fine assessed by means of a citation may be collected by any means allowed by law.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. In the case of violations of, or noncompliance with, this LUDC or of violations of, or failure to meet, conditions of approval, the Administrator may schedule a hearing prior to taking civil action in court in order to investigate and consider a suspension of a license, permit, or approval as provided in this Section.

(b)

Referral of Notice of Violation. The Administrator may refer a notice of violation of conditions of approval to the Board of Trustees for initiation of proceedings to revoke an approval in cases of:

(1)

Violations of this LUDC;

(2)

Violations of conditions of approval; or

(3)

Failure to meet conditions of approval.

(c)

Board of Trustees Decision. The Administrator shall place the matter on the next available agenda of the Town Board of Trustees, which shall hold a public hearing. Upon conclusion of the public hearing, the Board of Trustees shall consider the testimony adduced at the hearing, and shall decide whether to revoke the approval, attach additional conditions to ensure future compliance, or dismiss the charge of the violation. Decisions to revoke an approval or attach additional conditions shall include written findings of fact.

(d)

Effect of Suspension. An approval that is suspended is inoperative during the period of suspension, and all uses authorized by the approval shall cease operations. If the Board of Trustees does not put a time limit on the suspension and the violator does not appeal to a court or competent jurisdiction, then the suspension becomes a permanent revocation of the license, permit, or approval upon the lapse of the appeal period.

(Ord. No. 2023-006, 6-14-2023)

The Town may initiate action to enforce this LUDC in a court of appropriate jurisdiction, according to the applicable rules of procedure. Judicial actions may include, but are not limited to, proceedings for temporary or permanent injunction, abatement, declaratory judgment, or other appropriate actions or proceedings to prevent, enjoin, abate, remove, or otherwise correct violations of this LUDC or permits or approvals granted hereunder.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. The remedies provided in this Article, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law.

(b)

Each Day a Separate Offense. Each day that a violation exists constitutes a separate offense.

(c)

Preference for Civil Remedies. It is the intent of the Town to apply civil remedies described in this Division, and to use criminal enforcement only in egregious cases, including, but not limited to, multiple repeated offenses.

(Ord. No. 2023-006, 6-14-2023)

Development approvals or permits may be permanently revoked if the Board of Trustees (pursuant to Section 9-7-204, Administrative Suspension of Licenses, Permits, and Approvals) or a court of appropriate jurisdiction finds a failure to correct a violation that resulted in a temporary suspension of the permit; or if there was fraud or material misrepresentation in the application materials that supported the issuance of the permit.

(Ord. No. 2023-006, 6-14-2023)

(a)

Fines. Any person who violates or fails to comply with any provision of this LUDC shall be subject to a civil penalty up to the maximum amount allowed by law, for each offense. The Board of Trustees may establish a schedule of fines by resolution.

(b)

Declaratory or Injunctive Relief. The Town may seek declaratory or injunctive relief in order to enforce this LUDC or conditions of approval.

(c)

Responsible Parties. Every person furthering the violation of, or showing failure to comply with, the LUDC, whether the person directly commits the act or aids or abets the same and whether present or absent, shall be proceeded against and held as a principal.

(d)

Specific Performance. The Town may seek specific performance in order to enforce improvements agreements, annexation agreements, and other agreements, however titled, that are used to implement the requirements of this LUDC.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. The owner or owners of any building or buildings or premises or part thereof where anything in violation of this Chapter exists or is placed or maintained; and any architect, builder, or contractor who assists in the commission of any such violation; and all persons or corporations who violate or maintain any violation of any of the provisions of this Chapter or who fail to comply therewith or with any requirements thereof or who build in violation of any statement of plans submitted and approved hereunder shall, for each and every violation or noncompliance, be guilty of an ordinance violation and, upon conviction thereof, shall be punishable in accordance with the penalties.

(b)

Responsible Parties. Every person furthering the violation of, or showing failure to comply with, the LUDC, whether the person directly commits the act or aids or abets the same and whether present or absent, shall be proceeded against and held as a principal.

(Ord. No. 2023-006, 6-14-2023)