In their interpretation and application, the provisions of this Title shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this Title are at variance with the requirements of any other

lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern.

(1957 Code, App. A, §16; Ord. No. 3176, 2-26-68)

Whenever a violation of this Title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Administrative Official. He or she shall record properly such complaint, immediately investigate and take action thereon as provided by this Title.

(1957 Code, App. A, §17; Ord. No. 3176, 2-26-68)

(a)

Wherever by the provisions of this Title the performance of any act is required or the performance of any act is prohibited or wherever any regulation, dimension or limitation is imposed on the use or change of use of or upon any land or on the erection or alteration of any structure or the use or change of use of such structure or the uses within such structure, a failure to comply with the provisions of this Title shall constitute a violation of this Title. Every day on which a violation exists shall constitute a separate violation and a separate offense.

(b)

It shall be unlawful and shall be deemed a strict liability offense for any owner, lessee, occupant or agent of an owner, lessee or occupant to commit, participate in, assist in, maintain or allow or permit to exist, or to otherwise let happen a violation of this Title on the land or in the structure to which the owner, lessee, occupant or agent has legal or equitable title or right of possession.

(c)

Any person violating any provision of this Title shall be punished by a fine not exceeding one thousand dollars ($1,000.00).

(d)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of any provision of this Title, the City or any proper person may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. The remedies herein provided are cumulative and the imposition of any penalty under Subsection (c) above shall not preclude the City or any proper person from instituting any appropriate action or proceeding to require compliance with the provisions of this Title and with administrative orders and determinations made hereunder.

(e)

It shall be unlawful and a municipal offense for any person served with an order issued by the Administrative Official pursuant to Section 17-5-1(b) to fail to comply with the order within the time specified in the order. Failure to comply with an order of the Administrative Official as herein provided constitutes a separate and independent violation in addition to and not in substitution of any other violation of the provisions of this Title. It shall be an affirmative defense to a violation of this Subsection (e) that the order has been duly and timely appealed to the Zoning Board of Appeals, and the Zoning Board of Appeals has reversed or modified the order after notice and hearing.

(f)

In addition to the penalties provided herein, any person convicted of violating Section 17-4-21, 17-4-27 or 17-4-28 of this Chapter shall be assessed a surcharge for each count of such conviction, to be known as the Keep Pueblo Beautiful Surcharge, in the amount of twenty five dollars ($25). In the case of an unemancipated minor, the parents or guardians of the minor shall be jointly and severally liable for this surcharge and shall be ordered to pay the same. This surcharge may only be waived by the Court upon a bona fide finding that the defendant is indigent, or in the case of a minor, that the minor's parents or guardians are indigent. This surcharge shall be collected by the Municipal Court and paid into the City's general fund.

(1957 Code, App. A, §18; Ord. No. 3176, 2-26-68; Ord. No. 5855, 2-14-94; Ord. No. 6325, 6-22-98; Ord. No. 7937 §31, 12-8-08; Ord. No. 8194 §7, 5-10-10; Ord. No. 9239 §59, 2-26-18)