The purpose of this Section is to establish the procedures through which the Town seeks to ensure compliance with the provisions of this Code and obtain corrections for violations of this Code. This Section also sets forth the remedies and penalties that apply to violations of this Code.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

It is unlawful for any person to erect, construct, reconstruct, use, or alter any building or structure or to use any land in violation of this Code or the terms and conditions of permits or other approvals or entitlements issued under this Code.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

The provisions of this Article shall be administered and enforced by the officers or departments designated by the Board of Trustees.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

A violation shall be defined as violation or failure to comply with:

(1)

Any provision or requirement of this Code; or

(2)

Any condition, requirement or commitment established with the approval of a Variance, Special Use Permit, Site Plan, Planned Unit Development, subdivision, or other development approval under this Code.

(b)

Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

All alleged violations of any of the provisions of this Code shall be investigated by the enforcing official either on their own initiative, upon receipt of a written complaint from a person who believes that a violation exists, or by order of the Board of Trustees.

(b)

To enforce the terms and provisions of this Code, the enforcing official shall conduct inspections of buildings, structures, and use of land to determine compliance with this Code.

(c)

If a violation is found to exist, it shall be corrected in one or more of the following ways:

(1)

The enforcing official shall notify the property owner and any other persons responsible for the violation, in writing, and order the necessary correction.

(2)

The Building Official may issue a stop-work order by notice in writing posted on the building or property in or upon which a violation is occurring, as provided by the building code adopted by the Town.

(3)

Any local law enforcement officer may cite the property owner and/or any other persons who may be responsible with a violation of this Code, as provided in Section 15-10-60 below.

(4)

Unless otherwise provided by this Code or otherwise required by state or federal law, a period of 15 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 the Sec. 15-day period:

(5)

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

(6)

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

(7)

The alleged violator shall obtain approval from the Town for an extension of time to attain compliance, showing good cause for extension, with the 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.

(d)

Upon the failure of any official to act in the case of a violation of this Chapter, the necessary notification of violation or stop-work order may be issued by the Board of Trustees, either upon its own initiative or that of the Planning Commission, or upon receipt of a written complaint from an individual or a group of individuals.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

General. Failure to comply with any of the provisions of this Code, unless a Variance has been authorized by the Board of Adjustment, shall constitute a misdemeanor, and, upon conviction, is punishable as set forth in Section 1-4-20 of the Municipal Code.

(b)

Forfeiture for Sales in Unapproved Subdivisions. Any party selling, agreeing, contracting, or negotiating to sell any parcel of land in a subdivision for which a Final Plat has not been properly filed or recorded shall be liable for forfeiture of the penalty established in Section 31-23-216, C.R.S.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

In the event a structure, building, unit or improvement, either permanent or mobile, is substantially damaged, destroyed or deteriorated by any means, the owner of the property where structure or facility is located shall obtain a building permit for either the repair or the demolition of said facility no later than 15 days after said damage occurs. If the permit is for demolition, said demolition shall be completed and the land cleared and leveled to the satisfaction of the Building Official no later than 180 days after said damage occurs.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

Applicability. This Section shall apply to all buildings in the town.

(b)

Boarding Up. Buildings shall be prohibited from boarding up, except for the purpose of temporarily protecting the existing windows from snow shed between October and April. If boarding up is necessary for snow protection, durable materials suited for winter climates, such as plexiglass, shall be used and wood should be avoided. Any materials used to board up an egress window shall be easily removed from the window in case of emergency.

(c)

Damaged Buildings. A building that has been damaged by fire, storm, vandalism, or accident may be boarded up, pending repair or demolition, with written permission from the Town Administrator for a period not to exceed 30 days.

(d)

Drainage and Snow Storage Impacted Buildings. A building that is impacted by surface drainage, snow storage, and/or snow drifts within the public right-of-way, such as Lots 12 and 24 at the northerly end of blocks adjoining numbered streets, may be boarded up with written permission from the Town Administrator when the situation is repaired or abated.

(e)

Maintenance and Appearance. Minimum standards for the maintenance and appearance of structures and property are:

(1)

Exterior siding and roofing shall be properly maintained and provide the building with a weather-resistant walled envelope.

(2)

Window frames and glass shall be reasonably weather-tight and shall have panes without cracks or holes, and the sash shall fit properly. Missing or broken panes shall be promptly repaired. Windows and any other structural openings in the building shall not be boarded up for a period exceeding 30 days in any given calendar year.

(3)

Doors providing entrance and exits for any structure shall fit properly and have locking devices capable of being operated from the inside and outside of the building. Barrel bolts and hasps with padlocks are not adequate for primary doors.

(4)

Fences, walls, and accessory buildings shall be maintained in a reasonably good condition, free of excess amounts of missing, broken, dilapidated or nonfunctional elements or safety hazards.

(5)

Platforms, landings, decks, and steps shall be provided, where appropriate, to serve as exits and shall be maintained in a safe condition.

(6)

Exterior awnings, shutters, and other architectural features shall be maintained in reasonably good condition, free of excess amounts of missing, broken, dilapidated or nonfunctional elements or safety hazards.

(7)

Vacant lots shall be maintained in a clean and orderly manner, free of noxious weeds, litter, rubbish, graffiti, storage of any type of vehicle, trailer and/or materials, or any objectionable, unsanitary or unsightly matter of whatever nature.

(8)

Sidewalks, curbs and gutters are the duty and responsibility of any owner with property fronting any street within the Town. Sidewalks, curbs and/or gutters shall be constructed, maintained, repaired or replaced so that they are in good repair, in conformity with the established grade of the adjacent street, in accordance with Chapter 11, Article 2 of the Silverton Municipal Code, consistent with the Development Standards and Specifications, in compliance with any other applicable Town policies, and free from snow, ice, mud, dirt, debris, rubbish, refuse, obstacles, encroachments or obstructions.

(f)

Enforcement.

(1)

Responsibility for the administration of this Section shall be with the Building Official and the Code Enforcement Officer.

(2)

The Building Official and Code Enforcement Officer shall provide the property owner, via hand-delivery or certified mail, a detailed account of the nature and extent of the deficiencies of any structure in violation of this Subsection. The property owner shall have not more than 60 days from the receipt of the written notice to correct all deficiencies. In the event that the certified letter is not accepted, the 60-day period shall commence on the date of the U.S. Postal Service's last failed attempt at delivery. Failure to remedy the deficient conditions shall be deemed a violation of this Subsection.

(3)

Upon the failure, neglect or refusal of any owner to correct the deficiencies identified by the Building Official and Code Enforcement Officer, the Town Administrator may, by order in writing, direct the condition to be abated. The order may be served upon the property owner in person or by certified mail.

(4)

Failure to comply with any of the provisions of this Section shall constitute a misdemeanor in accordance with Section 15-10-40, Violations.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)