In order to carry out the provisions of this Chapter, the following administrative duties are delegated to the Board of Trustees, the Planning Commission, the Land Use Administrator and the Town Staff.

(1)

Responsibilities of Board of Trustees. The Board of Trustees, in addition to all other powers and duties has responsibility to hold meetings in a timely manner and to render final decisions on matters relating to land use and subdivision of land.

(2)

Responsibilities of Planning Commission. The Planning Commission shall serve as an investigative and advisory group to the Board of Trustees in the administration of this Chapter, including preparation of needed amendments and additions to this Chapter. The Planning Commission shall use the standards set forth in this Chapter when considering all matters brought before it for review.

(3)

Responsibilities of Board of Adjustments. The Board of Adjustments shall hear all applications for variances to this Chapter and appeals presented to it for review. The Board of Adjustments shall hold a public hearing and grant or deny variances from the provisions of this Chapter based on the powers set forth in this Chapter.

(4)

Responsibilities of Town Staff and Land Use Administrator. All departments, officials and public employees of the Town vested with the authority to issue permits shall conform to the provisions of this Chapter and shall not issue permits, certificates or licenses for uses, buildings or premises in conflict with the provisions of this Chapter. Any such permit, certificate or license issued in conflict with the provisions of this Chapter shall be null and void. It shall be the duty of the Land Use Administrator appointed by the Board of Trustees to enforce the provisions of this Chapter.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Creation.

(1)

The Municipal Planning Commission of the Town is hereby created and, in accordance with C.R.S. Section 31-23-203, shall consist of five (5) members, which shall be the Mayor, and a member of the Town Bard as ex-officio members and three (3) persons appointed by the Town Board.

(2)

The Board of Trustees hereby recognizes as valid all appointments to and acts of the Planning Commission as the same has functioned in the Town prior to the passage of this Article.

(b)

Membership.

(1)

All Planning Commission members shall be bona fide residents of the Town of South Fork, and if any member ceases to reside in the Town, his or her membership on the Planning Commission shall automatically terminate.

(2)

All members of the Planning Commission shall serve without compensation, and the appointed members shall hold no other municipal office.

(c)

Terms.

(1)

The terms of the ex-officio members shall correspond to their official tenures in office.

(2)

The term of each appointed member shall be six (6) years or until his or her successor takes office; except that the respective terms of one-third (⅓) of the members first appointed shall be two (2) years, one-third (⅓) shall be four (4) years and one-third (⅓) shall be six (6) years.

(3)

The Planning Commission appointments shall be evidenced by Resolution of the Town Board of Trustees.

(4)

Vacancies on the Planning Commission, occurring otherwise than through the expiration of the term, shall be filled for the remainder of the unexpired term by the Town Board of Trustees.

(5)

Members of the Planning Commission may be removed by the Town Board of Trustees for inefficiency, neglect of duty, non-attendance or malfeasance in office.

(6)

The Planning Commission shall elect its Chairperson from among the non-ex-officio members and shall create and fill such other of its offices as it may determine. The term of the Chairperson shall be one (1) year, with eligibility for re-election.

(d)

Powers.The Planning Commission shall possess all powers and shall assume all duties described in Part 2, Article 23, Title 31 of the Colorado Revised Statutes.

(e)

Meetings.

(1)

The Commission shall hold at least one regular meeting in each month; provided that such meeting may be cancelled by the Chairperson for lack of any agenda items for discussion or action.

(2)

The Planning Commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, motions, transactions, findings and determinations, which record shall be a public record.

(Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

The Board of Trustees shall be responsible for enforcing this Chapter.

(b)

The Land Use Administrator shall not issue any permit, or other form of authorization, unless the plans for the proposed erection, construction, reconstruction, alteration or use fully conform to all sections of this Chapter and related ordinances in effect.

(c)

It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any regulation or any provisions of any land use or general regulations of this Code, or any amendments thereto.

(d)

The Land Use Administrator is authorized to enter upon private property for the purpose of administering this Chapter. The owner of the property shall give the Land Use Administrator free access after the Town has given reasonable notice for any survey or inspection. If access is denied, the Land Use Administrator may apply to any court of competent jurisdiction in the County for an order authorizing entry. If a violation shall be found to exist, the Land Use Administrator shall give written notice to the violator to correct such violation. If the violation is regarding public safety and health issues, the violation shall be corrected immediately. All other violations shall be corrected within thirty (30) days after the date of such notice. Should the violator fail to correct the violation within the specified period, the Land Use Administrator may issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in Municipal Court at a definite time and place stated on the summons to answer and defend the charge. One (1) copy of said summons and complaint shall be served upon the violator by the duly authorized officer in the manner provided by law for the service of a criminal summons. One (1) copy shall be retained by the Land Use Administrator, and one (1) copy shall be transmitted to the Municipal Court Clerk.

(e)

Notwithstanding the foregoing, the issuance of a written notice as specified in Subsection (d) above shall in no way or manner be deemed a prerequisite to the institution of any enforcement proceedings set forth herein; and compliance with such written notice shall not necessarily be deemed to be a defense to any alleged violation of this Chapter in any court action instituted, seeking full compliance therewith, but evidence of compliance with such order may be introduced as a matter in mitigation and extenuation.

(f)

Any person violating any such regulation, provision or amendment of this Chapter shall be punished in accordance with Section 1-4-20 of this Code. Each day of continued violation shall be considered a separate offense.

(g)

The foregoing remedies and enforcement provisions shall be cumulative and not exclusive and shall be in addition to any other remedies and enforcement provisions provided by law.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

Nothing in this Chapter shall be construed to act as a waiver of governmental immunity as provided by the Colorado Governmental Immunity Act.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))