Chapter 13 - ENFORCEMENT AND REMEDIES (pp. 196 - 201)
Nature of Remedies: Remedies, whether administrative, civil, or criminal, are non-exclusive and cumulative, meaning this documents allows the government to choose a remedy or combination of remedies for a given situation. Each day a violation exists counts as a separate offense. Enforcement is carried out by the Board of County Commissioners and authorized personnel, utilizing authority under Colorado Law.
Remedies: Remedies include criminal prosecution, injunctions, civil court actions, civil infractions, and administrative remedies. The Board of County Commissioners has the authority to pursue various means of enforcement under state law.
Non-Liability: The County has immunity from liability under the Colorado Governmental Immunity Act.
Subdivision Violations: Various regulations govern land subdivision, and violations incur penalties such as fines. Unlawful conveyance of subdivided land is prohibited.
Zoning Violations: Using land in violation of zoning codes or development approvals is unlawful.
Additional Remedies: Remedies provided are cumulative, and the County may seek other remedies available to it.
Condition Compliance: The County monitors compliance with conditions of approval, and failure to comply may result in permit revocation or violation abatement at the owner's expense.
Civil Infraction: Violations of zoning regulations constitute civil infractions, with penalties assessed according to a fine schedule. The fine schedule is not included in the land use code resolution but in the Code Compliance SOP of the planning department (see below). The fines for a code violation are: $100 for the first, $250 for the second, $500 for the third, $1,000 for the fourth or subsequent Summons and Complaint.
Enforcement Process: Any person may file a complaint about code violations. The Code Compliance Officer investigates complaints and issues notices of violation if necessary. Non-compliance may lead to further enforcement actions by the County. Note that the actual enforcement procedures are outlined in the Code Compliance - Standard Operating Procedure document, not part of the land use code therefore can be changed like any policy of any department without public notification. In the SOP the investigations include the use of Small-Unmanned Aircraft Systems, i.e. a drone.