HB 1239

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1239
     BY REPRESENTATIVE(S) Goldstein and Richardson, Bacon, Hamrick,
     Nguyen, Phillips, Stewart K., McCluskie, Paschal, Ricks;
     also SENATOR(S) Mullica, Marchman, Roberts, Coleman.
     CONCERNING MODIFICATIONS TO A COUNTY'S ENFORCEMENT AUTHORITY IN
          CONNECTION WITH PROPERTY IN THE COUNTY.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. In Colorado Revised Statutes, 13-6-105, amend (1)
     introductory portion and (1)(f)(II); and add (1)(f)(II.5) as follows:
             13-6-105. Specific limits on civil jurisdiction.
             (1) The county court has no civil jurisdiction except THE
     JURISDICTION that IS specifically conferred upon it by law. In particular, it
     THE COUNTY COURT has no jurisdiction over the following matters:
             (f) Original proceedings for the issuance of injunctions, except:
            (II) As required to enforce restrictive covenants on residential
     property and to enforce section 6-1-702.5; and
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
      (II.5) AS PROVIDED IN SECTIONS 30-15-401, 30-28-124, AND
30-28-209; AND
       SECTION 2. In Colorado Revised Statutes, 30-15-401, amend (1)
introductory portion, (1)(a)(I), (1)(a)(I.5)(A), (1)(a)(I.5)(C), and (1)(q); and
add (2)(d) as follows:
       30-15-401. General regulations - definitions.
       (1) In addition to those THE powers granted by sections 30-11-101
and 30-11-107 and by parts 1, 2, and 3 of this article 15, the board of county
commissioners may adopt ordinances for control or licensing of those
matters THAT ARE of purely local concern AND that are described in the
following enumerated powers:
        (a) (I) (A) To provide for and compel the removal of rubbish,
including trash, junk, and garbage, from lots and tracts of land PROPERTY
within the county except industrial tracts of ten or more acres and
agricultural land currently in agricultural use as the term agricultural land
is defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind and
from the sidewalk areas in front of such property at such time ANY PUBLIC
RIGHT OF WAY IMMEDIATELY ADJACENT TO THE PROPERTY TO THE EXTENT
THE CONDITION IS CAUSED BY THE PROPERTY OWNER OR OCCUPANT OR
ORIGINATES FROM THE PROPERTY, upon such notice, and in such manner as
the board of county commissioners may prescribe by ordinance, including
removal performed by the county upon notice to and failure of the property
owner to remove such THE rubbish, and to assess the reasonable cost thereof
OF THE REMOVAL OF THE RUBBISH, including five TEN percent for inspection
and other incidental costs in connection therewith WITH THE COST OF THE
COUNTY'S REMOVAL OF THE RUBBISH, upon the lots and tracts PROPERTY
from which such THE COUNTY HAS REMOVED THE rubbish. has been
removed Ordinances passed by a board of county commissioners for the
removal of rubbish pursuant to this sub-subparagraph (A) shall SUBSECTION
(1)(a)(I)(A) MUST include provisions for applying for and exercising an
administrative entry and seizure warrant issued by a county or district court
having THAT HAS jurisdiction over the property from which THE COUNTY
WILL REMOVE THE rubbish. shall be removed. Any assessment pursuant to
this sub-subparagraph (A) shall be SUBSECTION (1)(a)(I)(A) IS a lien against
such lot or tract of land THE PROPERTY until paid and shall have HAS priority
PAGE 2-HOUSE BILL 26-1239
over all other liens except general taxes and prior special assessments. In A
case such WHEN THE assessment is not paid within a reasonable time AS
specified by ordinance, it may be certified by the clerk AND RECORDER OR
COUNTY ATTORNEY MAY CERTIFY THE NONPAYMENT to the county treasurer,
who shall collect the assessment, together with a ten percent penalty for the
cost of collection, in the same manner as other taxes are collected. The laws
of this state for assessment and collection of general taxes, including the
laws for the sale and redemption of property for taxes, shall apply to the
collection of assessments BY THE COUNTY TREASURER pursuant to this
sub-subparagraph (A) SUBSECTION (1)(a)(I)(A).
        (B) A county court or district court having THAT HAS jurisdiction
over property from which THE COUNTY WILL REMOVE rubbish shall be
removed pursuant to the ordinances authorized by sub-subparagraph (A) of
this subparagraph (I) SUBSECTION (1)(a)(I)(A) OF THIS SECTION shall issue
an administrative entry and seizure warrant for the COUNTY'S removal of
such THE rubbish. Such THE COURT SHALL ISSUE THE warrant shall be issued
upon A COUNTY'S presentation by a county TO THE COURT of ordinance
provisions which THAT meet the requirements of sub-subparagraph (A) of
this subparagraph (I) SUBSECTION (1)(a)(I)(A) OF THIS SECTION and a sworn
or affirmed affidavit stating the factual basis for such THE warrant, evidence
that the property owner has received notice of the violation and has failed
to remove the rubbish within a reasonable prescribed period, of time a
general description of the location of the property which THAT is the subject
of the warrant, a general list of any rubbish to be removed from such THE
property, and the proposed disposal or temporary impoundment of such THE
rubbish, whichever the court deems appropriate. Within ten THIRTY days
following the date of THE COURT'S issuance of an administrative entry and
seizure warrant pursuant to the provisions of this sub-subparagraph (B),
such SUBSECTION (1)(a)(I)(B), THE EXECUTING AUTHORITY SHALL EXECUTE
THE warrant shall be executed in accordance with THE ISSUING COURT'S
directions, by the issuing court, PROVIDE OR MAIL a copy of such THE issued
warrant shall be provided or mailed to the property owner, and SUBMIT TO
THE COURT proof of the execution of such THE warrant, including a written
inventory of any property impounded by the executing authority. shall be
submitted to the court by the executing authority.
       (I.5) (A) To provide for and compel the removal of weeds and brush
from lots and tracts of land PROPERTY within the county except agricultural
land currently in agricultural use as the term agricultural land is defined in
PAGE 3-HOUSE BILL 26-1239
section 39-1-102 (1.6), C.R.S., and from the alleys behind and from the
sidewalk areas in front of such property at such time, ANY PUBLIC RIGHT OF
WAY IMMEDIATELY ADJACENT TO THE PROPERTY TO THE EXTENT THE
CONDITION IS CAUSED BY THE PROPERTY OWNER OR OCCUPANT OR
ORIGINATES FROM THE PROPERTY, upon such notice, and in such manner as
the board of county commissioners may prescribe by ordinance, including
removal performed by the county upon notice to and failure of the property
owner to remove such THE weeds and brush, and to assess the reasonable
cost thereof OF THE REMOVAL OF THE WEEDS AND BRUSH, including ten
percent for inspection and other incidental costs in connection therewith
WITH THE COUNTY'S REMOVAL OF WEEDS AND BRUSH, upon the property
from which such THE COUNTY HAS REMOVED weeds have been removed
AND BRUSH. Ordinances passed by a board of county commissioners for the
removal of weeds and brush pursuant to this sub-subparagraph (A) shall
SUBSECTION (1)(a)(I.5)(A) MUST include provisions for applying for and
exercising an administrative entry and seizure warrant issued by a county
or district court having THAT HAS jurisdiction over the property from which
THE COUNTY WILL REMOVE weeds and brush. shall be removed. Any
assessment ASSESSED BY THE COUNTY pursuant to this sub-subparagraph (A)
shall be SUBSECTION (1)(a)(I.5)(A) IS a lien against such THE property until
paid and shall have HAS priority based on its date of recording. A county
shall not compel the removal of weeds and brush pursuant to this
sub-subparagraph (A) upon any lot or tract of land within the county during
such time that a mortgage or deed of trust secured by the lot or tract of land
is being foreclosed upon
        (C) A county court or district court having THAT HAS jurisdiction
over property from which THE COUNTY WILL REMOVE weeds and brush shall
be removed pursuant to the ordinances authorized by sub-subparagraph (A)
of this subparagraph (I.5) SUBSECTION (1)(a)(I.5)(A) OF THIS SECTION shall
issue an administrative entry and seizure warrant for the COUNTY'S removal
of such THE weeds and brush. Such THE COURT SHALL ISSUE THE warrant
shall be issued upon A COUNTY'S presentation by a county TO THE COURT of
ordinance provisions which THAT meet the requirements of
sub-subparagraph (A) of this subparagraph (I.5) SUBSECTION (1)(a)(I.5)(A)
OF THIS SECTION and a sworn or affirmed affidavit stating the factual basis
for such THE warrant, evidence that the property owner has received notice
of the violation and has failed to remove the weeds and brush within a
reasonable prescribed period, of time a general description of the location
of the property which THAT is the subject of the warrant, and the proposed
PAGE 4-HOUSE BILL 26-1239
disposal of such THE weeds and brush. Within ten THIRTY days following
the date of THE COURT'S issuance of an administrative entry and seizure
warrant pursuant to the provisions of this sub-subparagraph (C) such THIS
SUBSECTION (1)(a)(I.5)(C), THE EXECUTING AUTHORITY SHALL EXECUTE THE
warrant shall be executed in accordance with directions by the issuing court,
PROVIDE OR MAIL a copy of such THE issued warrant shall be provided or
mailed to the property owner, and SUBMIT TO THE COURT proof of the
execution of such THE warrant. shall be submitted to the court by the
executing authority
       (q) (I) To provide for and compel the removal OR SECURING of any
building or structure, except for a building or structure on affected land
subject to the "Colorado Mined Land Reclamation Act", as the term
"affected land" is defined in section 34-32-103 (1.5), C.R.S., SECTIONS
34-32-103 (1.5) AND 34-32.5-103 (1), or on lands subject to the "Colorado
Surface Coal Mining Reclamation Act", pursuant to article 33 of title 34,
C.R.S., the condition of which presents a substantial danger or hazard to
public health, safety, or welfare, or any dilapidated building of whatever
kind which THAT is unused by the owner, or uninhabited because of
deterioration or decay, which condition constitutes a fire hazard, or subjects
adjoining property to danger of damage by storm, soil erosion, or rodent
infestation, or which THAT becomes a place frequented by trespassers and
transients seeking a temporary hideout or shelter, at such time, upon such
notice, and in such manner as the board of county commissioners may
prescribe by ordinance, including the removal OR SECURING performed by
the county upon notice to and failure of the property owner to remove such
OR SECURE THE building or structure, and to assess the whole cost of such
THE removal OR SECURING, including incidental costs and a reasonable fee
for inspection which fee THAT shall not exceed five TEN percent of the total
amount due in connection therewith WITH THE REMOVAL OR SECURING OF
THE BUILDING OR STRUCTURE, upon the property from which such building
or structure has been removed OR SECURED. ORDINANCES PASSED BY A
BOARD OF COUNTY COMMISSIONERS FOR THE REMOVAL OR SECURING OF ANY
BUILDING OR STRUCTURE PURSUANT TO THIS SUBSECTION (1)(q)(I) MUST
INCLUDE PROVISIONS FOR THE COUNTY APPLYING FOR AND EXERCISING AN
ADMINISTRATIVE ENTRY AND SEIZURE WARRANT ISSUED BY A COUNTY OR
DISTRICT COURT THAT HAS JURISDICTION OVER THE PROPERTY FROM WHICH
THE BUILDING IS REMOVED OR SECURED.
       (II)   Any assessment pursuant to this paragraph (q) shall be
PAGE 5-HOUSE BILL 26-1239
SUBSECTION (1)(q) IS a lien against such THE property until paid. If such THE
assessment is not paid within a reasonable time as specified by ordinance,
it may be certified by the clerk and recorder OR COUNTY ATTORNEY MAY
CERTIFY THE NONPAYMENT to the county treasurer, who shall collect the
assessment, together with a ten percent penalty for the cost of collection, in
the same manner as other taxes are collected.
       (III) A COUNTY COURT OR DISTRICT COURT THAT HAS JURISDICTION
OVER PROPERTY FROM WHICH A BUILDING OR STRUCTURE IS REMOVED OR
SECURED PURSUANT TO THE ORDINANCES AUTHORIZED BY SUBSECTION
(1)(q)(I) OF THIS SECTION SHALL ISSUE AN ADMINISTRATIVE ENTRY AND
SEIZURE WARRANT FOR THE REMOVAL OR SECURING OF THE BUILDING OR
STRUCTURE. THE COURT SHALL ISSUE THE WARRANT UPON A COUNTY'S
PRESENTATION OF ORDINANCE PROVISIONS THAT MEET THE REQUIREMENTS
OF THIS SUBSECTION (1)(q)(III) AND A SWORN OR AFFIRMED AFFIDAVIT
STATING THE FACTUAL BASIS FOR THE WARRANT, EVIDENCE THAT THE
PROPERTY OWNER HAS RECEIVED NOTICE OF THE VIOLATION AND HAS FAILED
TO REMOVE OR SECURE THE BUILDING OR STRUCTURE WITHIN A REASONABLE
PRESCRIBED TIME, A GENERAL DESCRIPTION OF THE LOCATION OF THE
PROPERTY THAT IS THE SUBJECT OF THE WARRANT, A GENERAL DESCRIPTION
OF THE BUILDING OR STRUCTURE TO BE REMOVED FROM PROPERTY OR
SECURED, AND THE PROPOSED DISPOSAL OR TEMPORARY IMPOUNDMENT OF
REMNANTS OF THE BUILDING OR STRUCTURE, WHICHEVER THE COURT DEEMS
APPROPRIATE. WITHIN THIRTY DAYS FOLLOWING THE DATE OF THE COURT'S
ISSUANCE OF AN ADMINISTRATIVE ENTRY AND SEIZURE WARRANT PURSUANT
TO THIS SUBSECTION (1)(q)(III), THE EXECUTING AUTHORITY SHALL EXECUTE
THE WARRANT IN ACCORDANCE WITH DIRECTIONS BY THE ISSUING COURT,
PROVIDE OR MAIL A COPY OF SUCH ISSUED WARRANT TO THE PROPERTY
OWNER, AND SUBMIT TO THE COURT PROOF OF THE EXECUTION OF THE
WARRANT, INCLUDING A WRITTEN INVENTORY OF ANY PROPERTY
IMPOUNDED BY THE EXECUTING AUTHORITY.
       (2) (d) IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, A
COUNTY MAY ENFORCE ORDINANCES ENACTED PURSUANT TO SUBSECTIONS
(1)(a)(I), (1)(a)(I.5), (1)(a)(V)(A), AND (1)(q) OF THIS SECTION AS FOLLOWS:
       (I) TO PROCEED WITH AN ACTION PURSUANT TO SUBSECTION
(2)(d)(II) OF THIS SECTION, THE COUNTY SHALL PROVIDE WRITTEN NOTICE TO
THE PROPERTY OWNER OF THE VIOLATION AND THE TIME IN WHICH THE
VIOLATION MUST BE REMEDIED. THE WRITTEN NOTICE MUST DESCRIBE ANY
PAGE 6-HOUSE BILL 26-1239
POTENTIAL ENFORCEMENT AUTHORITY OF THE COUNTY, INCLUDING ANY
POSSIBLE LIENS DUE TO ABATEMENT COSTS.
      (II) IF, AFTER THE COUNTY HAS GIVEN WRITTEN NOTICE TO THE
PROPERTY OWNER AS DESCRIBED IN SUBSECTION (2)(d)(I) OF THIS SECTION,
THE PROPERTY OWNER FAILS TO ABATE THE VIOLATIONS DESCRIBED IN THE
NOTICE, THE PROPERTY OWNER VIOLATING THE COUNTY ORDINANCE SHALL,
AT THE REQUEST OF THE COUNTY, BE SUBJECT TO THE IMPOSITION OF, BY
ORDER OF THE COUNTY OR DISTRICT COURT, A CIVIL PENALTY OF NOT LESS
THAN ONE HUNDRED DOLLARS OR MORE THAN TWO THOUSAND SIX HUNDRED
FIFTY DOLLARS PER DAY OF THE VIOLATION. THE CIVIL PENALTY MUST BE IN
ACCORDANCE WITH THE COUNTY ORDINANCE. EACH DAY THAT A VIOLATION
OCCURS IS DEEMED A SEPARATE OFFENSE AND THE PENALTY CONTINUES
UNTIL THE VIOLATION IS REMEDIED. UNTIL PAID, ANY CIVIL PENALTY
ORDERED BY THE COUNTY OR DISTRICT COURT AND ASSESSED PURSUANT TO
THIS SUBSECTION (2)(d)(II) IS, AS OF RECORDING, A LIEN AGAINST THE
PROPERTY ON WHICH THE VIOLATION HAS BEEN FOUND TO EXIST. IN CASE
THE ASSESSMENT IS NOT PAID WITHIN THIRTY DAYS, THE CLERK AND
RECORDER OR COUNTY ATTORNEY MAY CERTIFY THE LACK OF PAYMENT TO
THE COUNTY TREASURER, WHO SHALL COLLECT THE ASSESSMENT, TOGETHER
WITH A TEN PERCENT PENALTY FOR THE COST OF COLLECTION, IN THE SAME
MANNER AS OTHER TAXES ARE COLLECTED. THE LAWS OF THIS STATE FOR
ASSESSMENT AND COLLECTION OF GENERAL TAXES, INCLUDING THE LAWS
FOR THE SALE AND REDEMPTION OF PROPERTY FOR TAXES, APPLY TO THE
COLLECTION OF ASSESSMENTS PURSUANT TO THIS SUBSECTION (2)(d)(II).
ANY LIEN PLACED AGAINST THE PROPERTY PURSUANT TO THIS SUBSECTION
(2)(d)(II) MUST BE RECORDED WITH THE CLERK AND RECORDER OF THE
COUNTY IN WHICH THE PROPERTY IS LOCATED.
      (III) THE MINIMUM CIVIL PENALTY THAT THE COURT MAY IMPOSE
FOR A VIOLATION OF A COUNTY BUILDING CODE OR AMENDMENT THERETO
IS ONE HUNDRED DOLLARS PER VIOLATION, AND THE MAXIMUM CIVIL
PENALTY IS TWO THOUSAND SIX HUNDRED FIFTY DOLLARS PER VIOLATION.
THE PRESUMPTIVE MAXIMUM PENALTY FOR A FIRST VIOLATION IS FIVE
HUNDRED DOLLARS. THE PRESUMPTIVE MAXIMUM PENALTY FOR A SECOND
VIOLATION IS ONE THOUSAND DOLLARS. THE PRESUMPTIVE MAXIMUM
PENALTY FOR A THIRD OR SUBSEQUENT VIOLATION IS TWO THOUSAND SIX
HUNDRED FIFTY DOLLARS. THE COURT MUST SPECIFY THE BASIS FOR THE
CIVIL PENALTY ON THE RECORD. IN CASES WHERE SUFFICIENT AGGRAVATING
FACTORS ARE PRESENT, THE COURT MAY IMPOSE A PENALTY THAT IS HIGHER
PAGE 7-HOUSE BILL 26-1239
THAN THE PRESUMPTIVE MAXIMUM. THE COURT MUST BASE THE
DETERMINATION OF THE APPROPRIATE CIVIL PENALTY FOR A VIOLATION OF
A COUNTY BUILDING CODE OR AMENDMENT THERETO ON THE FOLLOWING
FACTORS:
     (A) THE IMPACT OF THE VIOLATION ON PUBLIC HEALTH, SAFETY, AND
WELFARE;
        (B) THE IMPACT OF THE VIOLATION ON NEIGHBORING PROPERTIES;
        (C)     VIOLATOR'S WILLINGNESS TO COMPLY WITH OR
              THE
DEMONSTRATED DISREGARD FOR THE APPLICABLE LAWS;
        (D) THE VIOLATOR'S ABILITY TO COMPLY WITH THE APPLICABLE
LAWS;
      (E) WHETHER THE VIOLATION IS THE USE OF THE PROPERTY FOR
ACTIVITIES PROHIBITED IN THE PROPERTY'S ZONE DISTRICT;
        (F) WHETHER MULTIPLE VIOLATIONS EXIST ON THE PROPERTY;
        (G) PRIOR VIOLATIONS BY THE VIOLATOR ON THE PROPERTY; AND
        (H) ANY OTHER RELEVANT FACTORS DETERMINED BY THE COURT.
      (IV) IN ADDITION TO THE CIVIL PENALTIES ORDERED BY A COURT
PURSUANT TO SUBSECTION (2)(d)(II) OF THIS SECTION, THE COUNTY
ATTORNEY MAY BRING AN ACTION IN THE COUNTY COURT OR DISTRICT
COURT THAT HAS JURISDICTION OVER THE PROPERTY FOR AN ORDER
ENJOINING THE VIOLATION, ORDERING THE VIOLATION'S RESTRAINT,
REMOVAL, TERMINATION, OR ABATEMENT BY THE PROPERTY OWNER, AND
AUTHORIZING ABATEMENT BY THE COUNTY OR ITS AGENT. IN BRINGING THAT
ACTION, THE COUNTY ATTORNEY SHALL FILE A VERIFIED COMPLAINT. THE
COURT SHALL REVIEW THE VERIFIED COMPLAINT AND SCHEDULE A HEARING
ON THE REQUEST FOR AN ABATEMENT ORDER, INJUNCTION, OR OTHER
APPROPRIATE REMEDY AND DIRECT THE ISSUANCE OF A SUMMONS STATING
THE TIME, DATE, AND PLACE OF THE PRELIMINARY HEARING, WHICH THE
COURT SHALL SCHEDULE NO LATER THAN THIRTY DAYS AFTER THE COUNTY
ATTORNEY FILES THE COMPLAINT. THE COUNTY ATTORNEY MUST SERVE THE
SUMMONS AND COMPLAINT ON THE PROPERTY OWNER IN ACCORDANCE WITH
PAGE 8-HOUSE BILL 26-1239
APPLICABLE RULES OF CIVIL PROCEDURE AT LEAST TEN DAYS PRIOR TO THE
HEARING. IF THE COUNTY'S REASONABLE EFFORTS TO PERSONALLY SERVE
THE SUMMONS AND COMPLAINT ARE UNSUCCESSFUL, THE COUNTY MAY POST
THE SUMMONS AND COMPLAINT ON THE PROPERTY AND MAIL THE SUMMONS
AND COMPLAINT, CERTIFIED MAIL AND RETURN RECEIPT REQUESTED, TO THE
PROPERTY OWNER'S ADDRESS IN THE RECORDS OF THE COUNTY ASSESSOR AS
A MEANS OF PROVIDING ALTERNATIVE SERVICE. IF THE COUNTY PROVIDES
ALTERNATIVE SERVICE, THE COUNTY MUST PROVIDE THE ALTERNATIVE
SERVICE AT LEAST TEN DAYS PRIOR TO THE PRELIMINARY HEARING. AT THE
TIME, DATE, AND PLACE STATED IN THE SUMMONS, THE COURT SHALL
REVIEW AND CONSIDER THE REQUEST FOR RELIEF PROVIDED FOR IN THIS
SUBSECTION (2)(d)(IV), ANY STATEMENT OF THE COUNTY IN SUPPORT OF THE
RELIEF PROVIDED FOR IN THIS SUBSECTION (2)(d)(IV), AND ANY STATEMENT
AND EVIDENCE PRESENTED BY THE PROPERTY OWNER, IF PRESENT. ON THE
DATE AND AT THE TIME SET FOR THE HEARING, IF THE PROPERTY OWNER
FAILS TO APPEAR, AND IF THE COUNTY PROVES THAT PROPER SERVICE WAS
MADE ON THE PROPERTY OWNER, THE COURT MAY GRANT THE RELIEF AS
REQUESTED BY THE COUNTY. A PROPERTY OWNER'S FAILURE TO APPEAR ON
ANY DATE SET FOR A PRELIMINARY HEARING HELD PURSUANT TO THIS
SUBSECTION (2)(d)(IV) IS GROUNDS FOR THE COURT TO ENTER A DEFAULT
JUDGMENT THEREON AGAINST A NONAPPEARING PROPERTY OWNER. FOR
GOOD CAUSE SHOWN, AND PRIOR TO ENFORCEMENT, THE COURT MAY SET
ASIDE AN ENTRY OF DEFAULT AND THE JUDGMENT ENTERED THEREON.
       (V) IF THE COUNTY ABATES THE VIOLATION PURSUANT TO AN ORDER
OF A COURT, THE ACTUAL COSTS OF ABATEMENT, PLUS TEN PERCENT OF THE
ABATEMENT COSTS FOR INSPECTION AND OTHER INCIDENTAL COSTS OF
ABATEMENT ARE A LIEN AGAINST THE PROPERTY UNTIL PAID AND HAVE
PRIORITY OVER ALL OTHER LIENS EXCEPT GENERAL TAXES AND PRIOR
SPECIAL ASSESSMENTS. IF THE ASSESSMENT IS NOT PAID WITHIN THIRTY
DAYS, THE COUNTY ATTORNEY OR COUNTY CLERK MAY CERTIFY THE
NONPAYMENT TO THE COUNTY TREASURER, WHO SHALL COLLECT THE
ASSESSMENT, TOGETHER WITH A TEN PERCENT PENALTY FOR THE COST OF
COLLECTION, IN THE SAME MANNER AS OTHER TAXES ARE COLLECTED. THE
LAWS OF THIS STATE FOR ASSESSMENT AND COLLECTION OF GENERAL TAXES,
INCLUDING THE LAWS FOR THE SALE AND REDEMPTION OF PROPERTY FOR
TAXES, APPLY TO THE COLLECTION OF ASSESSMENTS PURSUANT THIS
SUBSECTION (2)(d)(V).
      (VI) FOR PURPOSES OF SUBSECTION (2)(d)(II) OF THIS SECTION,
PAGE 9-HOUSE BILL 26-1239
"PROPERTY OWNER" DOES NOT INCLUDE A STATE AGENCY.
        SECTION 3. In Colorado Revised Statutes, 30-15-402, amend (1)
as follows:
       30-15-402. Violations - penalty - surcharges - victim and witness
assistance - brain injury trust fund.
        (1) EXCEPT FOR A TRAFFIC OFFENSE, any person who violates any
county ordinance adopted BY THE BOARD OF COUNTY COMMISSIONERS
pursuant to this part 4 commits a civil infraction or, in the case of traffic
offenses, commits a traffic infraction, and, upon conviction thereof OF THAT
INFRACTION, shall be punished by a fine of not more than one thousand
dollars for each separate violation. IN THE CASE OF A TRAFFIC OFFENSE, THE
PERSON THAT COMMITS A TRAFFIC INFRACTION, UPON CONVICTION OF THAT
INFRACTION, SHALL BE PUNISHED BY A FINE IN ACCORDANCE WITH
APPLICABLE COUNTY OR STATE LAW. If authorized by the county ordinance,
AN ARRESTING LAW ENFORCEMENT OFFICER MAY FOLLOW the penalty
assessment procedure provided in section 16-2-201 may be followed by any
arresting law enforcement officer for any such violation. As part of said THE
county ordinance authorizing the penalty assessment procedure FOR A
VIOLATION OF A COUNTY ORDINANCE ADOPTED BY THE BOARD OF COUNTY
COMMISSIONERS PURSUANT TO THIS PART 4, the board of county
commissioners may adopt a graduated fine schedule for such THE
violations. Such THE graduated fine schedule may provide for increased
penalty assessments for repeat offenses by the same individual. In the case
of county traffic ordinance violations, the provisions of sections 42-4-1701
and 42-4-1703, and sections 42-4-1708 to 42-4-1718 shall apply; except
that the fine or penalty for a violation charged and the surcharge thereon if
authorized by county ordinance shall be IS paid to the county.
      SECTION 4. In Colorado Revised Statutes, amend 30-28-124 as
follows:
       30-28-124. Penalties and enforcement.
       (1) (a) It is unlawful to erect, construct, reconstruct, or alter, OR USE
any building or structure OR USE ANY LAND in violation of any regulation in,
or of any provisions of, any zoning resolution OR ORDINANCE, or any
amendment thereof, enacted or adopted by the board of county
PAGE 10-HOUSE BILL 26-1239
commissioners under the authority of this part 1. Any person, firm, or
corporation violating THAT VIOLATES any such regulation, provision, or
amendment thereof, or any provision of this part 1 commits a civil
infraction SHALL, AT THE REQUEST OF THE COUNTY, BE SUBJECT TO THE
IMPOSITION, BY ORDER OF THE COUNTY OR DISTRICT COURT, OF A CIVIL
PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS OR MORE THAN TWO
THOUSAND SIX HUNDRED FIFTY DOLLARS. Each day during which such
illegal erection, construction, reconstruction, or alteration continues shall
be THAT A VIOLATION OCCURS IS deemed a separate offense AND THE CIVIL
PENALTY CONTINUES TO ACCRUE UNTIL THE VIOLATION IS REMEDIED.
       (b) (I) It is unlawful to use any building, structure, or land in
violation of any regulation in, or of any provision of, any zoning resolution,
or any amendment thereto, enacted or adopted by any board of county
commissioners under the authority of this part 1. Any person, firm, or
corporation violating any such regulation, provision, or amendment
commits a civil infraction. Each day during which such illegal use of any
building, structure, or land continues shall be deemed a separate offense.
       (II) Whenever TO PURSUE A VIOLATION PURSUANT TO THIS
SUBSECTION (1)(b)(II), a county zoning official authorized pursuant to
section 30-28-114 WHO has personal knowledge of any violation of this
paragraph (b), he or she SUBSECTION (1)(b)(II) BASED ON COMPETENT
EVIDENCE ACQUIRED DURING A REASONABLE INVESTIGATION shall give
written notice to the violator to correct the violation within ten days after
the date of the notice. Should IF the violator fail FAILS to correct the
violation within the ten-day period, the ANY DESIGNATED COUNTY zoning
official may ISSUE, OR request that the sheriff of the county OR THE COUNTY
ATTORNEY issue, a summons and complaint to the violator stating the nature
of the violation with sufficient particularity to give notice of the charge to
the violator. The summons and complaint shall MUST require that the
violator appear in county OR DISTRICT court at a definite time and place
stated therein IN THE SUMMONS AND COMPLAINT to answer and defend the
charge.
        (III) One copy of said summons and complaint shall be served upon
the violator by the sheriff of the county in the manner provided by law for
the service of a criminal summons. One copy each shall be retained by the
sheriff and the county zoning official, and one copy shall be transmitted by
the sheriff to the clerk of the county court.
PAGE 11-HOUSE BILL 26-1239
     (IV) THE COLORADO RULES OF CIVIL PROCEDURE APPLY TO DISTRICT
COURT PROCEEDINGS AND THE COLORADO COUNTY COURT RULES OF CIVIL
PROCEDURE APPLY TO COUNTY COURT PROCEEDINGS.
       (c) It is the responsibility of the county attorney to enforce the
provisions of this subsection (1); In the event that EXCEPT THAT IF there is
no NOT A county attorney or in the event that IF the board of county
commissioners deems it appropriate, the board of county commissioners
may appoint the district attorney of the judicial district to perform such THE
enforcement duties in lieu of the county attorney.
        (d) THE MINIMUM CIVIL PENALTY THAT THE COURT MAY IMPOSE FOR
A VIOLATION OF A COUNTY ZONING ORDINANCE OR RESOLUTION OR
AMENDMENT THERETO IS ONE HUNDRED DOLLARS PER VIOLATION, AND THE
MAXIMUM CIVIL PENALTY IS TWO THOUSAND SIX HUNDRED FIFTY DOLLARS
PER VIOLATION. THE PRESUMPTIVE MAXIMUM PENALTY FOR A FIRST
VIOLATION IS FIVE HUNDRED DOLLARS. THE PRESUMPTIVE MAXIMUM
PENALTY FOR A SECOND VIOLATION IS ONE THOUSAND DOLLARS. THE
PRESUMPTIVE MAXIMUM PENALTY FOR A THIRD OR SUBSEQUENT VIOLATION
IS TWO THOUSAND SIX HUNDRED FIFTY DOLLARS. THE COURT MUST SPECIFY
THE BASIS FOR THE CIVIL PENALTY ON THE RECORD. IN CASES WHERE
SUFFICIENT AGGRAVATING FACTORS ARE PRESENT, THE COURT MAY IMPOSE
A PENALTY THAT IS HIGHER THAN THE PRESUMPTIVE MAXIMUM. THE COURT
MUST BASE THE DETERMINATION OF THE APPROPRIATE CIVIL PENALTY FOR
A VIOLATION OF A COUNTY ZONING ORDINANCE OR RESOLUTION, OR
AMENDMENT THERETO, ON THE FOLLOWING FACTORS:
     (I) THE IMPACT OF THE VIOLATION ON PUBLIC HEALTH, SAFETY, AND
WELFARE;
        (II) THE IMPACT OF THE VIOLATION ON NEIGHBORING PROPERTIES;
        (III)    VIOLATOR'S WILLINGNESS TO COMPLY WITH OR
                THE
DEMONSTRATED DISREGARD FOR THE APPLICABLE LAWS;
        (IV) THE VIOLATOR'S ABILITY TO COMPLY WITH THE APPLICABLE
LAWS;
      (V) WHETHER THE VIOLATION IS THE USE OF THE PROPERTY FOR
ACTIVITIES PROHIBITED IN THE PROPERTY'S ZONE DISTRICT;
PAGE 12-HOUSE BILL 26-1239
       (VI) WHETHER MULTIPLE VIOLATIONS EXIST ON THE PROPERTY;
       (VII) PRIOR VIOLATIONS BY THE VIOLATOR ON THE PROPERTY; AND
       (VIII) ANY OTHER RELEVANT FACTORS DETERMINED BY THE COURT.
      (e) IF THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE
THAT A VIOLATION OF ANY REGULATION OR PROVISION OF A ZONING
ORDINANCE OR RESOLUTION, OR AMENDMENT THERETO, AS ENACTED AND
ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS, HAS OCCURRED, THE
COURT SHALL ORDER THE VIOLATOR TO PAY A CIVIL PENALTY IN AN AMOUNT
ALLOWED PURSUANT TO THIS SUBSECTION (1). THE PENALTY IS PAYABLE
IMMEDIATELY BY THE VIOLATOR TO THE COUNTY AS DESIGNATED IN THE
ZONING ORDINANCE OR RESOLUTION, OR AMENDMENT THERETO.
      (f) UNTIL PAID, ANY CIVIL PENALTY ORDERED BY THE COURT AND
ASSESSED PURSUANT TO THIS SUBSECTION (1) IS, AS OF RECORDING, A LIEN
AGAINST THE PROPERTY ON WHICH THE VIOLATION HAS BEEN FOUND TO
EXIST. IF THE ASSESSMENT IS NOT PAID WITHIN THIRTY DAYS, THE CLERK
AND RECORDER OR COUNTY ATTORNEY MAY CERTIFY THE NONPAYMENT TO
THE COUNTY TREASURER, WHO SHALL COLLECT THE ASSESSMENT, TOGETHER
WITH A TEN PERCENT PENALTY FOR THE COST OF COLLECTION, IN THE SAME
MANNER AS OTHER TAXES ARE COLLECTED. THE LAWS OF THIS STATE FOR
ASSESSMENT AND COLLECTION OF GENERAL TAXES, INCLUDING THE LAWS
FOR THE SALE AND REDEMPTION OF PROPERTY FOR TAXES, APPLY TO THE
COLLECTION OF ASSESSMENTS PURSUANT TO THIS SUBSECTION (1). ANY LIEN
PLACED AGAINST THE PROPERTY PURSUANT TO THIS SUBSECTION (1) MUST
BE RECORDED WITH THE CLERK AND RECORDER OF THE COUNTY IN WHICH
THE PROPERTY IS LOCATED.
      (g) FOR PURPOSES OF THIS SUBSECTION (1), "PERSON" DOES NOT
INCLUDE A STATE AGENCY.
       (2) (a) In case IF any building or structure is or is proposed to be
erected, constructed, reconstructed, altered, or used, or any land is or is
proposed to be used, in violation of any regulation or provision of any
zoning ORDINANCE OR resolution, or amendment thereto, enacted or adopted
by any board of county commissioners under the authority granted by this
part 1, the county attorney of the county in which such THE building,
structure, or land is situated, in addition to other remedies provided by law,
PAGE 13-HOUSE BILL 26-1239
may institute an injunction, mandamus, abatement, or other appropriate
action or proceeding IN COUNTY OR DISTRICT COURT to prevent, enjoin,
abate, or remove such THE unlawful erection, construction, reconstruction,
alteration, or use. In the event that IF there is no NOT A county attorney or
in the event IF that the board of county commissioners deems it appropriate,
the board of county commissioners may appoint the district attorney of the
judicial district to perform such THE enforcement duties in lieu of the county
attorney.
      (b) IN ADDITION TO THE CIVIL PENALTIES ALLOWED PURSUANT TO
SUBSECTION (1) OF THIS SECTION, THE COUNTY ATTORNEY MAY BRING AN
ACTION IN THE COUNTY COURT OR DISTRICT COURT THAT HAS JURISDICTION
OVER THE PROPERTY FOR AN ORDER ENJOINING THE VIOLATION, ORDERING
THE VIOLATION'S RESTRAINT, REMOVAL, TERMINATION, OR ABATEMENT BY
THE PROPERTY OWNER, AND AUTHORIZING ABATEMENT BY THE COUNTY OR
ITS AGENT OR TO ENJOIN THE PROPOSED USE OF THE LAND. IN BRINGING THAT
ACTION, THE COUNTY ATTORNEY SHALL FILE A VERIFIED COMPLAINT. THE
COURT SHALL REVIEW THE VERIFIED COMPLAINT AND SCHEDULE A HEARING
ON THE REQUEST FOR AN ABATEMENT ORDER, INJUNCTION, OR OTHER
APPROPRIATE REMEDY PROVIDED FOR PURSUANT TO SUBSECTION (2)(a) OF
THIS SECTION AND DIRECT THE ISSUANCE OF A SUMMONS STATING THE TIME,
DATE, AND PLACE OF THE PRELIMINARY HEARING, WHICH THE COURT SHALL
SCHEDULE NO LATER THAN THIRTY DAYS AFTER THE COUNTY ATTORNEY
FILES THE COMPLAINT. THE COUNTY SHALL SERVE THE SUMMONS AND
COMPLAINT ON THE PROPERTY OWNER IN ACCORDANCE WITH THE
APPLICABLE RULES OF CIVIL PROCEDURE AT LEAST TEN DAYS PRIOR TO THE
PRELIMINARY HEARING. IF THE COUNTY'S REASONABLE EFFORTS TO
PERSONALLY SERVE THE SUMMONS AND COMPLAINT ARE UNSUCCESSFUL,
THE COUNTY MAY POST THE SUMMONS AND COMPLAINT ON THE PROPERTY
AND MAIL THE SUMMONS AND COMPLAINT, CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, TO THE PROPERTY OWNER'S ADDRESS IN THE RECORDS OF THE
COUNTY ASSESSOR AS AN ALTERNATIVE MEANS OF PROVIDING SERVICE. IF
THE COUNTY ATTORNEY PROVIDES ALTERNATIVE SERVICE, THE COUNTY
MUST PROVIDE THE ALTERNATIVE SERVICE AT LEAST TEN DAYS PRIOR TO THE
PRELIMINARY HEARING. AT THE TIME, DATE, AND PLACE STATED IN THE
SUMMONS, THE COURT SHALL REVIEW AND CONSIDER THE REQUEST FOR AN
ABATEMENT ORDER, INJUNCTION, OR OTHER APPROPRIATE REMEDY
PROVIDED FOR PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION, ANY
STATEMENT AND EVIDENCE PRESENTED BY THE COUNTY IN SUPPORT
THEREOF, AND ANY STATEMENT AND EVIDENCE PRESENTED BY THE
PAGE 14-HOUSE BILL 26-1239
PROPERTY OWNER, IF PRESENT. ON THE DATE AND AT THE TIME SET FOR THE
HEARING, IF THE PROPERTY OWNER FAILS TO APPEAR, AND IF THE COUNTY
PROVES THAT PROPER SERVICE WAS MADE ON THE PROPERTY OWNER, THE
COURT MAY GRANT THE RELIEF AS REQUESTED BY THE COUNTY. A PROPERTY
OWNER'S FAILURE TO APPEAR ON ANY DATE SET FOR A PRELIMINARY
HEARING HELD PURSUANT TO THIS SUBSECTION (2)(b) IS GROUNDS FOR THE
COURT TO ENTER A DEFAULT AND JUDGMENT THEREON AGAINST A
NONAPPEARING PROPERTY OWNER. FOR GOOD CAUSE SHOWN, AND PRIOR TO
ENFORCEMENT, THE COURT MAY SET ASIDE AN ENTRY OF DEFAULT AND THE
JUDGMENT ENTERED THEREON.
       (c) IF THE COUNTY ABATES THE VIOLATION PURSUANT TO AN ORDER
OF A COURT, THE ACTUAL COSTS OF ABATEMENT, PLUS TEN PERCENT OF THE
ABATEMENT COSTS FOR INSPECTION AND OTHER INCIDENTAL COSTS OF
ABATEMENT, IS A LIEN AGAINST THE PROPERTY UNTIL PAID AND HAS
PRIORITY OVER ALL OTHER LIENS EXCEPT GENERAL TAXES AND PRIOR
SPECIAL ASSESSMENTS. IF THE ASSESSMENT IS NOT PAID WITHIN A
REASONABLE TIME SPECIFIED BY THE ZONING RESOLUTION, THE COUNTY
ATTORNEY OR COUNTY CLERK MAY CERTIFY THE NONPAYMENT TO THE
COUNTY TREASURER, WHO SHALL COLLECT THE ASSESSMENT, TOGETHER
WITH A TEN PERCENT PENALTY FOR THE COST OF COLLECTION, IN THE SAME
MANNER AS OTHER TAXES ARE COLLECTED. THE LAWS OF THIS STATE FOR
ASSESSMENT AND COLLECTION OF GENERAL TAXES, INCLUDING THE LAWS
FOR THE SALE AND REDEMPTION OF PROPERTY FOR TAXES, APPLY TO THE
COLLECTION OF ASSESSMENTS PURSUANT TO THIS SUBSECTION (2)(c) OF THIS
SECTION.
      (3) (a) IT IS UNLAWFUL TO ERECT, CONSTRUCT, RECONSTRUCT,
ALTER, OR USE ANY BUILDING OR STRUCTURE OR USE ANY LAND IN
VIOLATION OF ANY REGULATION IN, OR OF ANY PROVISIONS OF, ANY ZONING
ORDINANCE OR RESOLUTION, OR ANY AMENDMENT THEREOF, ENACTED OR
ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS UNDER THE
AUTHORITY OF THIS PART 1. ANY PERSON, FIRM, OR CORPORATION THAT
VIOLATES ANY SUCH REGULATION, PROVISION, OR AMENDMENT THEREOF, OR
ANY PROVISION OF THIS PART 1 COMMITS A CIVIL INFRACTION, AND UPON
CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF UP TO THREE
THOUSAND DOLLARS FOR EACH SEPARATE VIOLATION, ACCORDING TO THE
FINE SCHEDULE ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS. THE
FINE SCHEDULE MAY INCLUDE GRADUATED FINES AND MAY PROVIDE
INCREASED CIVIL PENALTIES FOR REPEAT OFFENSES BY THE SAME
PAGE 15-HOUSE BILL 26-1239
INDIVIDUALS. EACH DAY DURING WHICH SUCH ILLEGAL ERECTION,
CONSTRUCTION, RECONSTRUCTION, ALTERATION, OR USE OCCURS IS DEEMED
A SEPARATE OFFENSE, AND THE CIVIL PENALTY CONTINUES TO ACCRUE UNTIL
THE VIOLATION IS REMEDIED.
      (b) (I) TO PURSUE A VIOLATION PURSUANT TO THIS SUBSECTION (3),
A COUNTY ZONING OFFICIAL AUTHORIZED PURSUANT TO SECTION 30-28-114
WHO HAS PERSONAL KNOWLEDGE OF ANY VIOLATION OF SUBSECTION (3)(a)
OF THIS SECTION BASED ON COMPETENT EVIDENCE ACQUIRED DURING A
REASONABLE INVESTIGATION SHALL GIVE WRITTEN NOTICE TO THE
VIOLATOR TO CORRECT THE VIOLATION WITHIN TEN DAYS AFTER THE DATE
OF THE NOTICE. IF THE VIOLATOR FAILS TO CORRECT THE VIOLATION WITHIN
THE TEN-DAY PERIOD, ANY DESIGNATED ZONING PERSONNEL MAY ISSUE, OR
REQUEST THAT THE SHERIFF ISSUE A SUMMONS AND COMPLAINT TO THE
VIOLATOR, STATING THE NATURE OF THE VIOLATION WITH SUFFICIENT
PARTICULARITY TO GIVE NOTICE OF THE CHARGE TO THE VIOLATOR. THE
SUMMONS AND COMPLAINT MUST REQUIRE THAT THE VIOLATOR APPEAR IN
COUNTY COURT AT A DEFINITE TIME AND PLACE STATED IN THE SUMMONS
AND COMPLAINT TO ANSWER AND DEFEND THE CHARGE.
      (II) DESIGNATED ZONING PERSONNEL OR THE SHERIFF SHALL SERVE
ONE COPY OF A SUMMONS AND COMPLAINT ISSUED PURSUANT TO
SUBSECTION (3)(b)(I) OF THIS SECTION. THE DESIGNATED ZONING
PERSONNEL OR THE SHERIFF MAY PERSONALLY SERVE THE SUMMONS AND
COMPLAINT ON THE VIOLATOR AS SET FORTH IN THE COUNTY COURT RULES
OF CIVIL PROCEDURE. IF THE DESIGNATED ZONING PERSONNEL OR THE
SHERIFF'S REASONABLE EFFORTS TO PERSONALLY SERVE THE SUMMONS AND
COMPLAINT ON THE PROPERTY OWNER ARE UNSUCCESSFUL, THE COUNTY
MAY POST THE SUMMONS AND COMPLAINT ON THE PROPERTY AND MAIL THE
SUMMONS AND COMPLAINT TO THE PROPERTY OWNER'S ADDRESS LISTED IN
THE RECORDS OF THE COUNTY ASSESSOR. SERVICE IS COMPLETE UPON
MAILING THE SUMMONS AND COMPLAINT. THE OFFICE SERVING THE
SUMMONS AND COMPLAINT SHALL RETAIN ONE COPY OF EACH AND SHALL
TRANSMIT ONE COPY OF EACH TO THE CLERK OF THE COUNTY COURT.
      (c) IT IS THE RESPONSIBILITY OF THE COUNTY ATTORNEY TO ENFORCE
THE PROVISIONS OF THIS SUBSECTION (3); EXCEPT THAT IF THERE IS NOT A
COUNTY ATTORNEY OR IF THE BOARD OF COUNTY COMMISSIONERS DEEMS IT
APPROPRIATE, THE BOARD OF COUNTY COMMISSIONERS MAY APPOINT THE
DISTRICT ATTORNEY OF THE JUDICIAL DISTRICT TO PERFORM THE
PAGE 16-HOUSE BILL 26-1239
ENFORCEMENT DUTIES IN LIEU OF THE COUNTY ATTORNEY.
      (d) IF THERE IS A CONFLICT BETWEEN THIS SUBSECTION (3) AND THE
RULES OF CIVIL INFRACTIONS, THIS SUBSECTION (3) CONTROLS.
      (e) FOR PURPOSES OF THIS SUBSECTION (3), "PERSON" DOES NOT
INCLUDE A STATE AGENCY.
      (4) THE COUNTY ATTORNEY HAS THE DISCRETION TO DETERMINE
WHETHER TO PURSUE THE REMEDIES SET FORTH IN SUBSECTIONS (1), (2), OR
(3) OF THIS SECTION, OR ANY COMBINATION THEREOF, OR ANY OTHER
REMEDIES AVAILABLE AT LAW OR IN EQUITY. NONE OF THESE REMEDIES ARE
INTENDED TO BE MUTUALLY EXCLUSIVE.
      SECTION 5. In Colorado Revised Statutes, amend 30-28-209 as
follows:
       30-28-209. Penalties and enforcement.
        (1) (a) It is unlawful to erect, construct, reconstruct, or alter any
building or structure OR USE ANY BUILDING OR STRUCTURE in a manner that
results in a violation of any regulation in, or of any provisions of, the area
building code, or any amendment thereof, enacted or adopted by the board
of county commissioners under the authority of this part 2. Any person,
firm, or corporation violating any such regulation, provision, or amendment
thereof, or any provision of this part 2, commits a civil infraction SHALL,
UPON REQUEST BY THE COUNTY, BE SUBJECT TO THE IMPOSITION, BY ORDER
OF THE COUNTY COURT OR THE DISTRICT COURT, OF A CIVIL PENALTY OF NOT
LESS THAN ONE HUNDRED DOLLARS OR MORE THAN TWO THOUSAND SIX
HUNDRED FIFTY DOLLARS. Each day during which such illegal erection,
construction, reconstruction, or alteration continues shall be IS deemed a
separate offense AND THE CIVIL PENALTY CONTINUES TO ACCRUE UNTIL THE
VIOLATION IS REMEDIED. NOTHING IN THIS SUBSECTION (1)(a) PROHIBITS THE
USE OF ANY BUILDING OR STRUCTURE IN VIOLATION OF AN OTHERWISE
APPLICABLE BUILDING CODE WHERE THE USE COMPLIES WITH ANY BUILDING
CODE THAT WAS IN EFFECT AT THE TIME THE BUILDING OR STRUCTURE WAS
ERECTED, CONSTRUCTED, RECONSTRUCTED, OR ALTERED.
       (b) (I) It is unlawful to use any building or structure in violation of
any regulation in, or of any provision of, the area building code, or any
PAGE 17-HOUSE BILL 26-1239
amendment thereto, enacted or adopted by any board of county
commissioners under the authority of this part 2. Any person, firm, or
corporation violating any such regulation, provision, or amendment thereof
commits a civil infraction. Each day during which such illegal use of any
building or structure continues shall be deemed a separate offense. Nothing
in this subsection (1)(b)(I) prohibits the use of any building or structure in
violation of an otherwise applicable building code where the use complies
with any building code that was in effect at the time the building or
structure was erected, constructed, reconstructed, or altered.
       (II)    Whenever TO PURSUE A VIOLATION PURSUANT TO THIS
SUBSECTION (1)(b)(II), a county building inspector authorized pursuant to
sections 30-28-114 and 30-28-205, or any inspector employed by an
intergovernmental entity created in accordance with the requirements of
part 2 of article 1 of title 29, C.R.S., who exercises the functions of a county
building inspector WHO has personal knowledge of any violation of the
requirements of subparagraph (I) of this paragraph (b), he or she THIS
SUBSECTION (1)(b)(II) BASED ON COMPETENT EVIDENCE ACQUIRED DURING
A REASONABLE INVESTIGATION shall give written notice to the violator to
correct the violation within ten days after the date of the notice. Where IF
the violator fails to correct the violation within the ten-day period, the
county building inspector may ISSUE, OR request that the sheriff of the
county OR THE COUNTY ATTORNEY issue, a summons and complaint to the
violator stating the nature of the violation with sufficient particularity to
give notice of the charge to the violator. The summons and complaint shall
MUST require that the violator appear in county OR DISTRICT court at a
definite time and place stated therein to answer and defend the charge.
        (III) One copy of the summons and complaint shall be served upon
the violator by the sheriff of the county in the manner provided by law for
the service of a criminal summons. One copy each shall be retained by the
sheriff and the county building inspector, and one copy shall be transmitted
by the sheriff to the clerk of the county court.
     (IV) THE COLORADO RULES OF CIVIL PROCEDURE APPLY TO DISTRICT
COURT PROCEEDINGS AND THE COLORADO COUNTY COURT RULES OF CIVIL
PROCEDURE APPLY TO COUNTY COURT PROCEEDINGS.
       (c) It is the responsibility of the county attorney to enforce the
provisions of this subsection (1); Where EXCEPT THAT IF there is no NOT A
PAGE 18-HOUSE BILL 26-1239
county attorney or in the event that IF the board of county commissioners
deems it appropriate, the board may appoint the district attorney of the
judicial district in which the building or structure is located to perform such
enforcement duties in lieu of the county attorney.
        (d) THE MINIMUM CIVIL PENALTY THAT THE COURT MAY IMPOSE FOR
A VIOLATION OF A COUNTY BUILDING CODE OR AMENDMENT THERETO IS ONE
HUNDRED DOLLARS PER VIOLATION, AND THE MAXIMUM CIVIL PENALTY IS
TWO THOUSAND SIX HUNDRED FIFTY DOLLARS PER VIOLATION. THE
PRESUMPTIVE MAXIMUM PENALTY FOR A FIRST VIOLATION IS FIVE HUNDRED
DOLLARS. THE PRESUMPTIVE MAXIMUM PENALTY FOR A SECOND VIOLATION
IS ONE THOUSAND DOLLARS. THE PRESUMPTIVE MAXIMUM PENALTY FOR A
THIRD OR SUBSEQUENT VIOLATION IS TWO THOUSAND SIX HUNDRED FIFTY
DOLLARS. THE COURT MUST SPECIFY THE BASIS FOR THE CIVIL PENALTY ON
THE RECORD. IN CASES WHERE SUFFICIENT AGGRAVATING FACTORS ARE
PRESENT, THE COURT MAY IMPOSE A PENALTY THAT IS HIGHER THAN THE
PRESUMPTIVE MAXIMUM. THE COURT MUST BASE THE DETERMINATION OF
THE APPROPRIATE CIVIL PENALTY FOR A VIOLATION OF A COUNTY BUILDING
CODE, OR AMENDMENT THERETO, ON THE FOLLOWING FACTORS:
     (I) THE IMPACT OF THE VIOLATION ON PUBLIC HEALTH, SAFETY, AND
WELFARE;
        (II) THE IMPACT OF THE VIOLATION ON NEIGHBORING PROPERTIES;
     (III) THE VIOLATOR'S WILLINGNESS TO COMPLY WITH OR
DEMONSTRATED DISREGARD FOR THE APPLICABLE LAWS;
        (IV) THE VIOLATOR'S ABILITY TO COMPLY WITH THE APPLICABLE
LAWS;
      (V) WHETHER THE VIOLATION IS THE USE OF THE PROPERTY FOR
ACTIVITIES PROHIBITED IN THE PROPERTY'S ZONE DISTRICT;
        (VI) WHETHER MULTIPLE VIOLATIONS EXIST ON THE PROPERTY;
        (VII) PRIOR VIOLATIONS BY THE VIOLATOR ON THE PROPERTY; AND
        (VIII) ANY OTHER RELEVANT FACTORS DETERMINED BY THE COURT.
PAGE 19-HOUSE BILL 26-1239
      (e) IF THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE
THAT A VIOLATION OF THE BUILDING CODE, OR AMENDMENT THERETO, AS
ENACTED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS, HAS
OCCURRED, THE COURT SHALL ORDER THE VIOLATOR TO PAY A CIVIL
PENALTY IN AN AMOUNT ALLOWED PURSUANT TO THIS SUBSECTION (1). THE
PENALTY IS PAYABLE IMMEDIATELY BY THE VIOLATOR TO THE COUNTY AS
DESIGNATED IN THE BUILDING CODE ORDINANCE OR RESOLUTION, OR
AMENDMENT THERETO.
      (f) UNTIL PAID, ANY CIVIL PENALTY ORDERED BY THE COURT AND
ASSESSED PURSUANT TO THIS SUBSECTION (1) IS, AS OF RECORDING, A LIEN
AGAINST THE PROPERTY ON WHICH THE VIOLATION HAS BEEN FOUND TO
EXIST. IF THE ASSESSMENT IS NOT PAID WITHIN THIRTY DAYS, THE CLERK
AND RECORDER OR COUNTY ATTORNEY MAY CERTIFY THE NONPAYMENT TO
THE COUNTY TREASURER, WHO SHALL COLLECT THE ASSESSMENT, TOGETHER
WITH A TEN PERCENT PENALTY FOR THE COST OF COLLECTION, IN THE SAME
MANNER AS OTHER TAXES ARE COLLECTED. THE LAWS OF THIS STATE FOR
ASSESSMENT AND COLLECTION OF GENERAL TAXES, INCLUDING THE LAWS
FOR THE SALE AND REDEMPTION OF PROPERTY FOR TAXES, APPLY TO THE
COLLECTION OF ASSESSMENTS PURSUANT TO THIS SUBSECTION (1). ANY LIEN
PLACED AGAINST THE PROPERTY PURSUANT TO THIS SUBSECTION (1) MUST
BE RECORDED WITH THE CLERK AND RECORDER OF THE COUNTY IN WHICH
THE PROPERTY IS LOCATED.
      (g) FOR PURPOSES OF THIS SUBSECTION (1), "PERSON" DOES NOT
INCLUDE A STATE AGENCY.
        (2) (a) In case IF any building or structure is, or is proposed to be,
erected, constructed, reconstructed, altered, or used in violation of any
regulation or provision of the area building code, or amendment thereto,
enacted or adopted by any board of county commissioners under the
authority granted by this part 2, the county attorney of the county in which
such THE building, structure, or land is situated, in addition to other
remedies provided by law, may institute an injunction, mandamus,
abatement, or other appropriate action or proceeding to prevent, enjoin,
abate, or remove such THE unlawful erection, construction, reconstruction,
alteration, or use. Where IF there is no NOT A county attorney or in the event
that IF the board deems it appropriate, the board may appoint the district
attorney of the judicial district in which the building or structure is located
to perform such THE enforcement duties in lieu of the county attorney.
PAGE 20-HOUSE BILL 26-1239
       (b) THE COUNTY ATTORNEY MAY BRING AN ACTION IN THE COUNTY
COURT OR DISTRICT COURT THAT HAS JURISDICTION OVER THE PROPERTY FOR
AN ORDER ENJOINING THE VIOLATION, ORDERING THE VIOLATION'S
RESTRAINT, REMOVAL, TERMINATION, OR ABATEMENT BY THE PROPERTY
OWNER, AND AUTHORIZING ABATEMENT BY THE COUNTY OR ITS AGENT. IN
BRINGING THAT ACTION, THE COUNTY ATTORNEY SHALL FILE A VERIFIED
COMPLAINT. THE COURT SHALL REVIEW THE VERIFIED COMPLAINT AND
SCHEDULE A HEARING ON THE REQUEST FOR AN ABATEMENT ORDER OR
INJUNCTION, OR OTHER APPROPRIATE REMEDY PROVIDED FOR PURSUANT TO
SUBSECTION (2)(a) OF THIS SECTION AND DIRECT THE ISSUANCE OF A
SUMMONS STATING THE TIME, DATE, AND PLACE OF THE PRELIMINARY
HEARING, WHICH THE COURT SHALL SCHEDULE NO LATER THAN THIRTY DAYS
AFTER THE COUNTY ATTORNEY FILES THE COMPLAINT. THE COUNTY SHALL
SERVE THE SUMMONS AND COMPLAINT ON THE PROPERTY OWNER IN
ACCORDANCE WITH THE APPLICABLE RULES OF CIVIL PROCEDURE AT LEAST
TEN DAYS PRIOR TO THE PRELIMINARY HEARING. IF THE COUNTY'S
REASONABLE EFFORTS TO PERSONALLY SERVE THE SUMMONS AND
COMPLAINT ARE UNSUCCESSFUL, THE COUNTY MAY POST THE SUMMONS AND
COMPLAINT ON THE PROPERTY AND MAIL THE SUMMONS AND COMPLAINT,
CERTIFIED MAIL AND RETURN RECEIPT REQUESTED, TO THE PROPERTY
OWNER'S ADDRESS IN THE RECORDS OF THE COUNTY ASSESSOR AS AN
ALTERNATIVE MEANS OF PROVIDING SERVICE. IF THE COUNTY PROVIDES
ALTERNATE SERVICE, THE COUNTY MUST PROVIDE THE ALTERNATIVE
SERVICE AT LEAST TEN DAYS PRIOR TO THE PRELIMINARY HEARING. AT THE
TIME, DATE, AND PLACE STATED IN THE SUMMONS, THE COURT SHALL
REVIEW AND CONSIDER THE REQUEST FOR AN ABATEMENT ORDER,
INJUNCTION, OR OTHER APPROPRIATE REMEDY PROVIDED FOR PURSUANT TO
SUBSECTION (2)(a) OF THIS SECTION, ANY STATEMENT AND EVIDENCE
PRESENTED BY THE COUNTY IN SUPPORT THEREOF, AND ANY STATEMENT
AND EVIDENCE PRESENTED BY THE PROPERTY OWNER, IF PRESENT. ON THE
DATE AND AT THE TIME SET FOR THE HEARING, IF THE PROPERTY OWNER
FAILS TO APPEAR, AND IF THE COUNTY PROVES THAT PROPER SERVICE WAS
MADE ON THE PROPERTY OWNER, THE COURT MAY GRANT THE ORDER AS
REQUESTED BY THE COUNTY. A PROPERTY OWNER'S FAILURE TO APPEAR ON
ANY DATE SET FOR A PRELIMINARY HEARING HELD PURSUANT TO THIS
SUBSECTION (2)(b) IS GROUNDS FOR THE COURT TO ENTER A DEFAULT AND
JUDGMENT THEREON AGAINST A NONAPPEARING PROPERTY OWNER. FOR
GOOD CAUSE SHOWN, AND PRIOR TO ENFORCEMENT, THE COURT MAY SET
ASIDE AN ENTRY OF DEFAULT AND THE JUDGMENT ENTERED THEREON.
PAGE 21-HOUSE BILL 26-1239
       (c) IF THE COUNTY ABATES THE VIOLATION PURSUANT TO AN ORDER
OF A COURT, THE ACTUAL COSTS OF ABATEMENT, PLUS TEN PERCENT OF THE
ABATEMENT COSTS FOR INSPECTION AND OTHER INCIDENTAL COSTS OF
ABATEMENT, IS A LIEN AGAINST THE PROPERTY UNTIL PAID AND HAS
PRIORITY OVER ALL OTHER LIENS EXCEPT GENERAL TAXES AND PRIOR
SPECIAL ASSESSMENTS. IF THE ASSESSMENT IS NOT PAID WITHIN A
REASONABLE TIME SPECIFIED BY THE RESOLUTION OR ORDINANCE ADOPTING
THE BUILDING CODE, THE CLERK AND RECORDER OR COUNTY ATTORNEY MAY
CERTIFY THE NONPAYMENT TO THE COUNTY TREASURER, WHO SHALL
COLLECT THE ASSESSMENT, TOGETHER WITH A TEN PERCENT PENALTY FOR
THE COST OF COLLECTION, IN THE SAME MANNER AS OTHER TAXES ARE
COLLECTED. THE LAWS OF THIS STATE FOR ASSESSMENT AND COLLECTION OF
GENERAL TAXES, INCLUDING THE LAWS FOR THE SALE AND REDEMPTION OF
PROPERTY FOR TAXES, APPLY TO THE COLLECTION OF ASSESSMENTS
PURSUANT TO THIS SUBSECTION (2)(c).
       (3) (a) IT IS UNLAWFUL TO ERECT, CONSTRUCT, RECONSTRUCT,
ALTER, OR USE ANY BUILDING OR STRUCTURE IN A MANNER THAT RESULTS
IN A VIOLATION OF ANY REGULATION IN, OR OF ANY PROVISIONS OF, THE
AREA BUILDING CODE, OR ANY AMENDMENT THEREOF, ENACTED OR
ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS UNDER THE
AUTHORITY OF THIS PART 2. ANY PERSON, FIRM, OR CORPORATION
VIOLATING ANY SUCH REGULATION, PROVISION, OR AMENDMENT THEREOF,
OR ANY PROVISION OF THIS PART 2, COMMITS A CIVIL INFRACTION, AND UPON
CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF UP TO ONE
THOUSAND DOLLARS FOR EACH SEPARATE VIOLATION, ACCORDING TO THE
FINE SCHEDULE ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS. THE
FINE SCHEDULE MAY INCLUDE GRADUATED FINES AND MAY PROVIDE
INCREASED CIVIL PENALTIES FOR REPEAT OFFENSES BY THE SAME
INDIVIDUALS. EACH DAY DURING WHICH SUCH ILLEGAL ERECTION,
CONSTRUCTION, RECONSTRUCTION, ALTERATION, OR USE OCCURS IS DEEMED
A SEPARATE OFFENSE AND THE CIVIL PENALTY CONTINUES TO ACCRUE UNTIL
THE VIOLATION IS REMEDIED. NOTHING IN THIS SUBSECTION (3)(a) PROHIBITS
THE USE OF ANY BUILDING OR STRUCTURE IN VIOLATION OF AN OTHERWISE
APPLICABLE BUILDING CODE WHERE THE USE COMPLIES WITH ANY BUILDING
CODE THAT WAS IN EFFECT AT THE TIME THE BUILDING OR STRUCTURE WAS
ERECTED, CONSTRUCTED, RECONSTRUCTED, OR ALTERED.
      (b) (I) TO PURSUE A VIOLATION PURSUANT TO THIS SUBSECTION (3),
A COUNTY BUILDING INSPECTOR AUTHORIZED PURSUANT TO SECTIONS
PAGE 22-HOUSE BILL 26-1239
30-28-114 AND 30-28-205, OR ANY INSPECTOR EMPLOYED BY AN
INTERGOVERNMENTAL ENTITY CREATED IN ACCORDANCE WITH THE
REQUIREMENTS OF PART 2 OF ARTICLE 1 OF TITLE 29, WHO EXERCISES THE
FUNCTIONS OF A COUNTY BUILDING INSPECTOR WHO HAS PERSONAL
KNOWLEDGE OF ANY VIOLATION OF THIS REQUIREMENTS OF SUBSECTION
(3)(a) OF THIS SECTION BASED ON COMPETENT EVIDENCE ACQUIRED DURING
A REASONABLE INVESTIGATION SHALL GIVE WRITTEN NOTICE TO THE
VIOLATOR TO CORRECT THE VIOLATION WITHIN TEN DAYS AFTER THE DATE
OF THE NOTICE. IF THE VIOLATOR FAILS TO CORRECT THE VIOLATION WITHIN
THE TEN-DAY PERIOD, THE AUTHORIZED COUNTY BUILDING INSPECTOR MAY
ISSUE, OR REQUEST THAT THE SHERIFF ISSUE A SUMMONS AND COMPLAINT TO
THE VIOLATOR, STATING THE NATURE OF THE VIOLATION WITH SUFFICIENT
PARTICULARITY TO GIVE NOTICE OF THE CHARGE TO THE VIOLATOR. THE
SUMMONS AND COMPLAINT MUST REQUIRE THAT THE VIOLATOR APPEAR IN
COUNTY COURT AT A DEFINITE TIME AND PLACE STATED THEREIN TO ANSWER
AND DEFEND THE CHARGE.
      (II) AN AUTHORIZED BUILDING INSPECTOR OR THE SHERIFF SHALL
SERVE ONE COPY OF A SUMMONS AND COMPLAINT ISSUED PURSUANT TO
SUBSECTION (3)(b)(I) OF THIS SECTION ON THE VIOLATOR. AN AUTHORIZED
BUILDING INSPECTOR OR THE SHERIFF MAY PERSONALLY SERVE THE
SUMMONS AND COMPLAINT ON THE VIOLATOR AS SET FORTH IN THE COUNTY
COURT RULES OF CIVIL PROCEDURE. IF AN AUTHORIZED BUILDING INSPECTOR
OR SHERIFF'S REASONABLE EFFORTS TO PERSONALLY SERVE THE SUMMONS
AND COMPLAINT ON THE PROPERTY OWNER ARE UNSUCCESSFUL, THE
COUNTY MAY POST THE SUMMONS AND COMPLAINT ON THE PROPERTY AND
MAIL THE SUMMONS AND COMPLAINT TO THE PROPERTY OWNER'S ADDRESS
LISTED IN THE RECORDS OF THE COUNTY ASSESSOR. SERVICE IS COMPLETE
UPON MAILING THE SUMMONS AND COMPLAINT. THE OFFICE SERVING THE
SUMMONS AND THE COMPLAINT SHALL RETAIN ONE COPY OF EACH AND
SHALL TRANSMIT ONE COPY EACH TO THE CLERK OF THE COUNTY COURT.
      (c) IT IS THE RESPONSIBILITY OF THE COUNTY ATTORNEY TO ENFORCE
THE PROVISIONS OF THIS SUBSECTION (3); EXCEPT THAT IF THERE IS NOT A
COUNTY ATTORNEY OR IF THE BOARD OF COUNTY COMMISSIONERS DEEMS IT
APPROPRIATE, THE BOARD OF COUNTY COMMISSIONERS MAY APPOINT THE
DISTRICT ATTORNEY OF THE JUDICIAL DISTRICT TO PERFORM THE
ENFORCEMENT DUTIES IN LIEU OF THE COUNTY ATTORNEY.
      (d) IF THERE IS A CONFLICT BETWEEN THIS SUBSECTION (3) AND THE
PAGE 23-HOUSE BILL 26-1239
RULES OF CIVIL INFRACTIONS, THIS SUBSECTION (3) CONTROLS.
      (e) FOR PURPOSES OF THIS SUBSECTION (3), "PERSON" DOES NOT
INCLUDE A STATE AGENCY.
      (4) THE COUNTY ATTORNEY HAS THE DISCRETION TO DETERMINE
WHETHER TO PURSUE THE REMEDIES SET FORTH IN SUBSECTIONS (1), (2), OR
(3) OF THIS SECTION, OR ANY COMBINATION THEREOF, OR ANY OTHER
REMEDIES AVAILABLE AT LAW OR IN EQUITY. NONE OF THESE REMEDIES ARE
INTENDED TO BE MUTUALLY EXCLUSIVE.
       SECTION 6. In Colorado Revised Statutes, 30-35-201, amend the
introductory portion and (44) as follows:
       30-35-201. Powers of governing bodies.
       The governing body of a home rule county shall exercise such
EXERCISES THE duties and authority and shall have HAS all the powers and
responsibilities as provided by law for governing bodies of counties not
adopting a home rule charter and shall also have ALSO HAS all of the
following powers that have been included in the county's home rule charter
or in any amendment thereto, pursuant to the provisions of section
30-35-103 (1):
                           (Ordinance Power)
       (44) Power and penalties. To pass all ordinances and rules and
make all regulations proper or necessary to carry into effect the powers
granted to home rule counties, with such fines and penalties as THAT the
governing body shall deem DEEMS proper, but no fine or penalty shall
exceed three hundred dollars THE MAXIMUM FINE OR PENALTY ESTABLISHED
UNDER STATE LAW and no imprisonment shall exceed ninety days for one
offense;
      SECTION 7. In Colorado Revised Statutes, amend 35-4-114 as
follows:
       35-4-114. Penalties.
       (1) (a) Except for sections 35-4-107 and 35-4-110.5, any person who
violates any of the provisions of this article 4 commits a civil infraction.
PAGE 24-HOUSE BILL 26-1239
The commissioner or a board of county commissioners may refer such cases
to the district attorney of the county in which such THE violation is alleged
to have occurred for such action as may be deemed necessary. The
conviction of a violation of any of the provisions of this article 4 shall be IS
cause for revocation of any certificate, permit, or appointment issued under
this article 4.
     (b) THE SHERIFF OR COUNTY ATTORNEY, AT THE REQUEST OF THE
BOARD OF COUNTY COMMISSIONERS, MAY ISSUE A SUMMONS AND
COMPLAINT TO THE VIOLATOR, STATING THE NATURE OF THE VIOLATION
WITH SUFFICIENT PARTICULARITY TO GIVE NOTICE OF THE CHARGE TO THE
VIOLATOR. THE SUMMONS AND COMPLAINT MUST REQUIRE THAT THE
VIOLATOR APPEAR IN COUNTY COURT AT A DEFINITE TIME AND PLACE
STATED IN THE SUMMONS TO ANSWER AND DEFEND THE CHARGE.
     (c) IF THERE IS NOT A COUNTY ATTORNEY OR IF THE BOARD OF
COUNTY COMMISSIONERS DEEMS IT APPROPRIATE, THE BOARD OF COUNTY
COMMISSIONERS MAY APPOINT THE DISTRICT ATTORNEY OF THE JUDICIAL
DISTRICT TO PERFORM THE ENFORCEMENT DUTIES IN LIEU OF THE COUNTY
ATTORNEY.
      (d) IF THERE IS A CONFLICT BETWEEN THIS SUBSECTION (1) AND THE
RULES OF CIVIL INFRACTIONS, THIS SUBSECTION (1) CONTROLS.
      (2) (a) IN ADDITION TO THE ENFORCEMENT AUTHORITY IN
SUBSECTION (1) OF THIS SECTION, ANY PERSON WHO VIOLATES THIS ARTICLE
4, EXCEPT FOR SECTIONS 35-4-107 AND 35-4-110.5, SHALL, UPON REQUEST
BY THE COUNTY, BE SUBJECT TO THE IMPOSITION, BY ORDER OF THE COUNTY
OR DISTRICT COURT, OF CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED
DOLLARS OR MORE THAN TWO THOUSAND SIX HUNDRED FIFTY DOLLARS.
EACH DAY THE VIOLATION OCCURS IS DEEMED A SEPARATE OFFENSE AND
THE CIVIL PENALTY CONTINUES TO ACCRUE UNTIL THE VIOLATION IS
REMEDIED. THE COLORADO RULES OF CIVIL PROCEDURE APPLY TO DISTRICT
COURT PROCEEDINGS AND THE COLORADO COUNTY COURT RULES OF CIVIL
PROCEDURE APPLY TO COUNTY COURT PROCEEDINGS.
      (b) IF THE COURT FINDS, BY A PREPONDERANCE OF THE EVIDENCE,
THAT A VIOLATION HAS OCCURRED, THE COURT SHALL ORDER THE VIOLATOR
TO PAY A CIVIL PENALTY IN AN AMOUNT ALLOWED PURSUANT TO THIS
SUBSECTION (2). THE PENALTY SHALL BE PAYABLE IMMEDIATELY BY THE
PAGE 25-HOUSE BILL 26-1239
VIOLATOR TO THE COUNTY TREASURER.
       (c) THE MINIMUM CIVIL PENALTY FOR A VIOLATION OF THIS ARTICLE
4 IS ONE HUNDRED DOLLARS PER VIOLATION, AND THE MAXIMUM CIVIL
PENALTY IS TWO THOUSAND SIX HUNDRED FIFTY DOLLARS PER VIOLATION.
THE PRESUMPTIVE MAXIMUM PENALTY FOR A FIRST VIOLATION IS FIVE
HUNDRED DOLLARS. THE PRESUMPTIVE MAXIMUM PENALTY FOR A SECOND
VIOLATION IS ONE THOUSAND DOLLARS. THE PRESUMPTIVE MAXIMUM
PENALTY FOR A THIRD OR SUBSEQUENT VIOLATION IS TWO THOUSAND SIX
HUNDRED FIFTY DOLLARS. THE COURT MUST SPECIFY THE BASIS FOR THE
CIVIL PENALTY ON THE RECORD. IN CASES WHERE SUFFICIENT AGGRAVATING
FACTORS ARE PRESENT, THE COURT MAY IMPOSE A PENALTY THAT IS HIGHER
THAN THE PRESUMPTIVE MAXIMUM. IN DETERMINING THE APPROPRIATE FINE
FOR THE VIOLATION, THE COURT MAY CONSIDER THE FOLLOWING FACTORS:
     (I) THE IMPACT OF THE VIOLATION ON PUBLIC HEALTH, SAFETY, AND
WELFARE;
        (II) THE IMPACT OF THE VIOLATION ON NEIGHBORING PROPERTIES;
        (III)    VIOLATOR'S WILLINGNESS TO COMPLY WITH OR
                THE
DEMONSTRATED DISREGARD FOR THE APPLICABLE LAWS;
        (IV) THE VIOLATOR'S ABILITY TO COMPLY WITH THE APPLICABLE
LAWS;
      (V) WHETHER THE VIOLATION IS THE USE OF THE PROPERTY FOR
ACTIVITIES PROHIBITED IN THE PROPERTY'S ZONE DISTRICT;
        (VI) WHETHER MULTIPLE VIOLATIONS EXIST ON THE PROPERTY;
        (VII) PRIOR VIOLATIONS BY THE VIOLATOR ON THE PROPERTY; AND
        (VIII) ANY OTHER RELEVANT FACTORS DETERMINED BY THE COURT.
      (d) UNTIL PAID, ANY CIVIL PENALTY ORDERED BY THE COURT AND
ASSESSED UNDER THIS SUBSECTION (2) IS, AS OF RECORDING, A LIEN AGAINST
THE PROPERTY ON WHICH THE VIOLATION HAS BEEN FOUND TO EXIST. IF THE
ASSESSMENT IS NOT PAID WITHIN THIRTY DAYS, THE CLERK AND RECORDER
OR COUNTY ATTORNEY MAY CERTIFY THE NONPAYMENT TO THE COUNTY
PAGE 26-HOUSE BILL 26-1239
TREASURER, WHO SHALL COLLECT THE ASSESSMENT, TOGETHER WITH A TEN
PERCENT PENALTY FOR THE COST OF COLLECTION, IN THE SAME MANNER AS
OTHER TAXES ARE COLLECTED. THE LAWS OF THIS STATE FOR ASSESSMENT
AND COLLECTION OF GENERAL TAXES, INCLUDING THE LAWS FOR THE SALE
AND REDEMPTION OF PROPERTY FOR TAXES, APPLY TO THE COLLECTION OF
ASSESSMENTS PURSUANT TO THIS SUBSECTION (2). ANY LIEN PLACED
AGAINST THE PROPERTY PURSUANT TO THIS SUBSECTION (2) SHALL BE
RECORDED WITH THE CLERK AND RECORDER OF THE COUNTY IN WHICH THE
PROPERTY IS LOCATED.
      SECTION 8. In Colorado Revised Statutes, repeal and reenact,
with amendments, 35-5.5-118.5 as follows:
       35-5.5-118.5. Local enforcement - civil infraction - civil penalty
- injunction - definitions.
      (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES, "VIOLATION" MEANS A VIOLATION OF THIS ARTICLE 5.5, ANY RULE
ADOPTED PURSUANT TO THIS ARTICLE 5.5, OR ANY COUNTY ORDINANCE,
RESOLUTION, RULE, OR OTHER REGULATION IMPLEMENTING THIS ARTICLE
5.5.
      (2) (a) IN ADDITION TO THE ENFORCEMENT AUTHORITY OF THE
COMMISSIONER PURSUANT TO SECTION 35-5.5-118, A PERSON WHO VIOLATES
THIS ARTICLE 5.5, ANY RULE ADOPTED PURSUANT TO THIS ARTICLE 5.5, OR
ANY COUNTY ORDINANCE, RESOLUTION, RULE, OR OTHER REGULATION
IMPLEMENTING THIS ARTICLE 5.5 COMMITS A CIVIL INFRACTION. THE
COUNTY ATTORNEY FOR THE COUNTY WHERE THE VIOLATION OCCURS SHALL
ENFORCE CIVIL INFRACTIONS PURSUANT TO THIS SUBSECTION (2)(a) BY
PROSECUTION. IF THERE IS A CONFLICT BETWEEN THIS SECTION AND THE
COLORADO RULES OF CIVIL INFRACTIONS, THIS SECTION CONTROLS. EACH
DAY THAT A VIOLATION OCCURS IS A SEPARATE OFFENSE.
      (b) AS USED IN THIS SUBSECTION (2), "PERSON" DOES NOT INCLUDE
A STATE AGENCY.
     (3) (a) IN ADDITION TO THE ENFORCEMENT AUTHORITY OF THE
COMMISSIONER PURSUANT TO SECTION 35-5.5-118 AND THE COUNTY
ATTORNEY PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION, A DISTRICT
COURT OR COUNTY COURT, UPON A FINDING BY A PREPONDERANCE OF THE
PAGE 27-HOUSE BILL 26-1239
EVIDENCE THAT A VIOLATION OCCURRED OR IS OCCURRING, SHALL ORDER
THE VIOLATOR TO PAY A CIVIL PENALTY OF NO LESS THAN ONE HUNDRED
DOLLARS AND NO MORE THAN TWO THOUSAND SIX HUNDRED FIFTY DOLLARS.
EACH DAY DURING WHICH A VIOLATION OCCURS IS DEEMED A SEPARATE
OFFENSE. THE COLORADO RULES OF CIVIL PROCEDURE APPLY TO DISTRICT
COURT PROCEEDINGS AND THE COLORADO COUNTY COURT RULES OF CIVIL
PROCEDURE APPLY TO COUNTY COURT PROCEEDINGS.
      (b) (I) THE MINIMUM CIVIL PENALTY THAT THE COURT MAY IMPOSE
FOR A VIOLATION IS ONE HUNDRED DOLLARS PER VIOLATION, AND THE
MAXIMUM CIVIL PENALTY IS TWO THOUSAND SIX HUNDRED FIFTY DOLLARS
PER VIOLATION. THE PRESUMPTIVE MAXIMUM PENALTY FOR A FIRST
VIOLATION IS FIVE HUNDRED DOLLARS. THE PRESUMPTIVE MAXIMUM
PENALTY FOR A SECOND VIOLATION IS ONE THOUSAND DOLLARS. THE
PRESUMPTIVE MAXIMUM PENALTY FOR A THIRD OR SUBSEQUENT VIOLATION
IS TWO THOUSAND SIX HUNDRED FIFTY DOLLARS. THE COURT MUST SPECIFY
THE BASIS FOR THE CIVIL PENALTY ON THE RECORD. IN CASES WHERE
SUFFICIENT AGGRAVATING FACTORS ARE PRESENT, THE COURT MAY IMPOSE
A PENALTY THAT IS HIGHER THAN THE PRESUMPTIVE MAXIMUM. IN
DETERMINING THE APPROPRIATE FINE FOR THE VIOLATION, THE COURT MAY
CONSIDER THE FOLLOWING FACTORS:
     (A) THE IMPACT OF THE VIOLATION ON PUBLIC HEALTH, SAFETY, AND
WELFARE;
        (B) THE IMPACT OF THE VIOLATION ON NEIGHBORING PROPERTIES;
        (C)     VIOLATOR'S WILLINGNESS TO COMPLY WITH OR
              THE
DEMONSTRATED DISREGARD FOR THE APPLICABLE LAWS;
        (D) THE VIOLATOR'S ABILITY TO COMPLY WITH THE APPLICABLE
LAWS;
      (E) WHETHER THE VIOLATION IS THE USE OF THE PROPERTY FOR
ACTIVITIES PROHIBITED IN THE PROPERTY'S ZONE DISTRICT;
        (F) WHETHER MULTIPLE VIOLATIONS EXIST ON THE PROPERTY;
        (G) PRIOR VIOLATIONS BY THE VIOLATOR ON THE PROPERTY; AND
PAGE 28-HOUSE BILL 26-1239
      (H) ANY OTHER RELEVANT FACTORS DETERMINED BY THE COURT.
      (II) UNTIL PAID, ANY CIVIL PENALTY ORDERED BY THE COURT AND
ASSESSED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION IS, AS OF
RECORDING, A LIEN AGAINST THE PROPERTY ON WHICH THE VIOLATION HAS
BEEN FOUND TO EXIST. IF THE ASSESSMENT IS NOT PAID WITHIN THIRTY
DAYS, THE CLERK AND RECORDER OR COUNTY ATTORNEY MAY CERTIFY THE
NONPAYMENT TO THE COUNTY TREASURER, WHO SHALL COLLECT THE
ASSESSMENT, TOGETHER WITH A TEN PERCENT PENALTY FOR THE COST OF
COLLECTION, IN THE SAME MANNER AS OTHER TAXES ARE COLLECTED. THE
LAWS OF THIS STATE FOR ASSESSMENT AND COLLECTION OF GENERAL TAXES,
INCLUDING THE LAWS FOR THE SALE AND REDEMPTION OF PROPERTY FOR
TAXES, APPLY TO THE COLLECTION OF ASSESSMENTS PURSUANT TO THIS
SUBSECTION (3). ANY LIEN PLACED AGAINST THE PROPERTY PURSUANT TO
THIS SECTION SHALL BE RECORDED WITH THE CLERK AND RECORDER OF THE
COUNTY IN WHICH THE PROPERTY IS LOCATED.
      (4) THE COUNTY ATTORNEY MAY BRING AN ACTION IN THE COUNTY
COURT OR DISTRICT COURT THAT HAS JURISDICTION OVER THE PROPERTY FOR
AN ORDER ENJOINING THE VIOLATION, ORDERING THE VIOLATION'S
RESTRAINT, REMOVAL, TERMINATION, OR ABATEMENT BY THE PROPERTY
OWNER, AND AUTHORIZING ABATEMENT BY THE COUNTY OR ITS AGENT. IN
BRINGING THAT ACTION, THE COUNTY ATTORNEY SHALL FILE A VERIFIED
COMPLAINT. THE COURT SHALL REVIEW THE VERIFIED COMPLAINT AND
SCHEDULE A HEARING ON THE REQUEST FOR AN ABATEMENT ORDER,
INJUNCTION, OR OTHER APPROPRIATE REMEDY AND DIRECT THE ISSUANCE OF
A SUMMONS STATING THE TIME, DATE, AND PLACE OF THE HEARING, WHICH
THE COURT SHALL SCHEDULE NO LATER THAN THIRTY DAYS AFTER THE
COUNTY ATTORNEY FILES THE COMPLAINT. THE COUNTY SHALL SERVE THE
SUMMONS AND COMPLAINT ON THE PROPERTY OWNER IN ACCORDANCE WITH
APPLICABLE RULES OF CIVIL PROCEDURE AT LEAST TEN DAYS PRIOR TO THE
PRELIMINARY HEARING. IF THE COUNTY'S REASONABLE EFFORTS TO
PERSONALLY SERVE THE SUMMONS AND COMPLAINT ARE UNSUCCESSFUL,
THE COUNTY MAY POST THE SUMMONS AND COMPLAINT ON THE PROPERTY
AND MAIL THE SUMMONS AND COMPLAINT, CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, TO THE PROPERTY OWNER'S ADDRESS IN THE RECORDS OF THE
COUNTY ASSESSOR AS AN ALTERNATIVE MEANS OF PROVIDING SERVICE. IF
THE COUNTY PROVIDES ALTERNATIVE SERVICE, THE COUNTY MUST PROVIDE
THE ALTERNATIVE SERVICE AT LEAST TEN DAYS PRIOR TO THE PRELIMINARY
HEARING. AT THE TIME, DATE, AND PLACE STATED IN THE SUMMONS, THE
PAGE 29-HOUSE BILL 26-1239
COURT SHALL REVIEW AND CONSIDER THE REQUEST FOR AN ABATEMENT
ORDER, ANY STATEMENT OF THE COUNTY IN SUPPORT THEREOF, AND ANY
STATEMENT AND EVIDENCE PRESENTED BY THE PROPERTY OWNER, IF
PRESENT. ON THE DATE AND AT THE TIME SET FOR THE HEARING, IF THE
PROPERTY OWNER FAILS TO APPEAR, AND IF THE COUNTY PROVES THAT
PROPER SERVICE WAS MADE ON THE PROPERTY OWNER, THE COURT MAY
GRANT THE ORDER AS REQUESTED BY THE COUNTY. A PROPERTY OWNER'S
FAILURE TO APPEAR ON ANY DATE SET FOR A PRELIMINARY HEARING IS
GROUNDS FOR THE COURT TO ENTER A DEFAULT AND JUDGMENT THEREON
AGAINST A NONAPPEARING PROPERTY OWNER. FOR GOOD CAUSE SHOWN,
AND PRIOR TO ENFORCEMENT, THE COURT MAY SET ASIDE AN ENTRY OF
DEFAULT AND THE JUDGMENT ENTERED THEREON.
      (5) IT IS THE RESPONSIBILITY OF THE COUNTY ATTORNEY TO ENFORCE
THE PROVISIONS OF THIS SECTION; EXCEPT THAT IF THERE IS NOT A COUNTY
ATTORNEY OR IF THE BOARD OF COUNTY COMMISSIONERS DEEMS IT
APPROPRIATE, THE BOARD OF COUNTY COMMISSIONERS MAY APPOINT THE
DISTRICT ATTORNEY OF THE JUDICIAL DISTRICT TO PERFORM THE
ENFORCEMENT DUTIES PURSUANT TO SUBSECTIONS (2) AND (3) OF THIS
SECTION, IN LIEU OF THE COUNTY ATTORNEY.
     (6) EXCEPT FOR ANY SURCHARGES OR COURT COSTS COLLECTED BY
A COURT, ANY FINES OR PENALTIES SHALL BE PAID TO THE COUNTY
TREASURER.
      (7) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IT IS
WITHIN THE DISCRETION OF A COUNTY ATTORNEY TO DETERMINE WHETHER
TO PURSUE AN ENFORCEMENT ACTION PURSUANT TO THIS SECTION OR TO
PURSUE ANOTHER REMEDY AVAILABLE UNDER THE LAW.
      SECTION 9. In Colorado Revised Statutes, repeal 30-28-124.5 and
30-28-210.
       SECTION 10. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 30-HOUSE BILL 26-1239
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
PAGE 31-HOUSE BILL 26-1239